alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Submitted on record and briefs March 23,

reversed and remanded with instructions to grant delayed appeal April 20, 1994

#### CHRISTOPHER ALAN CROSS, *Appellant, v.*Manfred (Fred) MAASS, Superintendent, Oregon State Penitentiary, *Respondent.*

(89C-12095; CA A79509)

873 P2d 436

David W. Knofler and Multnomah Defenders, Inc., filed the brief for appellant.

Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Rolf C. Moan, Assistant Attorney General, filed the brief for respondent.

Before Richardson, Chief Judge, and Deits and Riggs, Judges.

PER CURIAM

*555PER CURIAM

Petitioner appeals a judgment dismissing his petition for post-conviction relief. ORS 138.650. He seeks a delayed appeal, because the counsel appointed to file a notice of appeal from his convictions failed to do so and he was denied constitutionally adequate assistance of counsel. The state concedes that petitioner is entitled to a delayed appeal. *Clawson v. Maass,*119 Or App 287, 850 P2d 398 (1993). We accept that concession.

Reversed and remanded with instructions to grant delayed appeal.
#### § 95.2771 MURS emission types.

A MURS transmitter must transmit only emission types A1D, A2B, A2D, A3E, F2B, F1D, F2D, F3E, and G3E. Emission types A3E, F3E and G3E may include selective calling or tone-operated squelch tones to establish or continue voice communications. MURS transmitters are prohibited from transmitting in the continuous carrier mode.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          SEP-30-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                       1,862,703
<SECURITIES>                                         0
<RECEIVABLES>                                1,532,987
<ALLOWANCES>                                    78,100
<INVENTORY>                                    471,597
<CURRENT-ASSETS>                             5,380,787
<PP&E>                                       4,653,400
<DEPRECIATION>                               1,970,580
<TOTAL-ASSETS>                               8,970,364
<CURRENT-LIABILITIES>                        1,640,671
<BONDS>                                        878,292
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       112,343
<OTHER-SE>                                   6,339,058
<TOTAL-LIABILITY-AND-EQUITY>                 8,970,364
<SALES>                                     10,437,520
<TOTAL-REVENUES>                            10,437,520
<CGS>                                        1,722,261
<TOTAL-COSTS>                                1,722,261
<OTHER-EXPENSES>                            10,036,340
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              87,486
<INCOME-PRETAX>                            (1,408,567)
<INCOME-TAX>                                  (10,000)
<INCOME-CONTINUING>                        (1,398,567)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,398,567)
<EPS-PRIMARY>                                    (.24)
<EPS-DILUTED>                                    (.24)
        



</TABLE>
From: Robin Dunkins/RTP/USEPA/US 

To: Kelley Spence/RTP/USEPA/US@EPA 

Cc: John Bradfield/RTP/USEPA/US@EPA, Bill Schrock/RTP/USEPA/US@EPA 

Date: 12/12/2011 12:27 PM 

Subject: OMB 

________________________________________

Here are all the documents forwarded to OMB. 

thanks 

robin 

Robin Dunkins

Leader, Natural Resources Group

Office of Air Quality Planning and Standards

US Environmental Protection Agency (C504-03)

(phone) 919-541-5335 (fax) 919-541- 3470

dunkins.robin@epa.gov
§ 63.61 Applicability. Any carrier subject to the provisions of section 214 of the Communications Act of 1934, as amended, proposing to discontinue, reduce or impair interstate or foreign telephone service to a community, or a part of a community, shall request authority therefor by formal application or informal request as specified in the pertinent sections of this part: ( a ) *Provided, however,* that where service is expanded on an experimental basis for a temporary period of not more than 6 months, no application shall be required to reduce service to its status prior to such expansion but a written notice shall be filed with the Commission within 10 days of the reduction showing: ( 1 ) The date on which, places at which, and extent to which service was expanded; and,
( 2 ) The date on which, places at which, and extent to which such expansion of service was discontinued.
( b ) And provided further that a licensee of a radio station who has filed an application for authority to discontinue service provided by such station shall during the period that such application is pending before the Commission, continue to file appropriate applications as may be necessary for extension or renewal of station license in order to provide legal authorization for such station to continue in operation pending final action on the application for discontinuance of service. Procedures for discontinuance, reduction or impairment of service by dominant and non-dominant, domestic carriers are in § 63.71. Procedures for discontinuance, reduction or impairment of international services are in § 63.19.
[71 FR 65751, Nov. 9, 2006, as amended at 82 FR 48777, Oct. 20, 2017]
Michigan Supreme Court Lansing, Michigan

Marilyn Kelly, Chief Justice

Michael F. Cavanag h
Elizabeth A. Weave r

Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markma n Diane M. Hathaway,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk August 20, 2009

d0520 

# Order

August 20, 2009

138260

DANIEL WIEDYK, Plaintiff-Appellant,

v SC: 138260 COA: 280214 Midland CC: 06-009751-NI JOHN PAUL POISS ON and TRAVERSE CITY LEASING, d/b/a HERTZ, Defendants-Appellees.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the January 6, 2009 judgment of the Court of Appeals is considered and, it appearing to this Court that the
case of McCormick v Carrier (Docket No. 136738) is pending on appeal before this
Court and that the decision in that case ma y resolve an issue ra ised in the present application for leave to appeal, we ORDER that the application be held in ABEYANCE pending the decision in that case.
Argued and submitted June 29,

conviction affirmed; remanded for entry of amended judgment August 3,

petition for review denied November 15,1994 (320 Or 360)

#### STATE OF OREGON, *Respondent, v.*STEVEN DOUGLAS BERKEY, *Appellant.*

(91-00342CR, 91-00343CR, 91-00344CR; CA A78650 (Control), A78651, A78652)

(Cases Consolidated)

877 P2d 1238

Mary M. Reese, Deputy Public Defender, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender.

Ann F. Kelley, Assistant Attorney General, argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before Warren, Presiding Judge, and Edmonds and Landau, Judges.

PER CURIAM

*399PER CURIAM

Defendant appeals his conviction for sodomy in the first degree. ORS 163.405. We affirm his conviction without discussion and remand for entry of an amended judgment correcting the term of post-prison supervision.

Defendant challenges the imposition of a 15-year term of post-prison supervision pursuant to ORS 144.103, arguing that the correct term is three years. ORS 144.103 applies to sentencing for crimes that occurred after September 29, 1991,1 and the crime for which defendant was convicted occurred in 1990. Although defendant did not object to the post-prison supervision term, the state concedes that the error is apparent on the face of the record and should be corrected. We accept the state’s concession of error and agree that the error is apparent on the face of the record. We exercise our discretion to review the error, because the length of the post-prison supervision term exceeds that allowable by law, and justice would be served by correcting the error. We remand for entry of an amended judgment. Defendant need not be present for the entry of the amended judgment. *State v. Lyons,*124 Or App 598, 863 P2d 1303 (1993), *rev allowed*319 Or 406 (1994).

Conviction affirmed; remanded for entry of amended judgment.

1

 The parties in this case agree that the statute applies to crimes that occurred after September 1,1991. However, Oregon Laws 1991, chapter 831, section 3, and Oregon Laws 1993, chapter 18, section 177, provide that ORS 144.103 applies to persons convicted of crimes that occurred on or after September 29,1991. Our use of the September 1 date in *State v. Minniear,*124 Or App 197, 198, 859 P2d 1205 (1993), appears to have been a typographical error.
Exhibit 10.11


Axcelis
Technologies, Inc.

Non-Employee Director Cash Compensation at March 1, 2007


This Exhibit discloses
the current understandings with respect to cash compensation between Axcelis
Technologies, Inc. (the “Company”) and each of this non-employee directors.
Axcelis provides both cash retainers and meeting fees to its non-employee
directors, as follows:




	
  Annual Retainers (paid quarterly in advance)

  
	
  Board Member Position

  	
   

  	
   

  	
   

  	
  Amount

  	
   

  
	
  Lead Director

  	
   

  	
  $

  	
  50,000

  	
   

  
	
  Non-Employee
  Board Member (not Lead Director)

  	
   

  	
  $

  	
  30,000

  	
   

  
	
  Audit Committee
  Chair*

  	
   

  	
  $

  	
  15,000

  	
   

  
	
  Compensation
  Committee Chair*

  	
   

  	
  $

  	
  10,000

  	
   

  
	
  Nominating Committee
  Chair*

  	
   

  	
  $

  	
  7,500

  	
   

  










*                    Retainers
for Committee Chairs are in addition to the retainer payable to all non-employee
Board members.




	
  Meeting Fees (payable quarterly in arrears)

  
	
  Meeting Type

  	
   

  	
   

  	
   

  	
  Amount Per Meeting

  	
   

  
	
  In Person Board
  Meetings

  	
   

  	
   

  	
  $

  	
  2,000

  	
   

  	
   

  
	
  Telephone Board
  Meetings

  	
   

  	
   

  	
  $

  	
  1,000

  	
   

  	
   

  
	
  In Person or Telephone
  Committee Meetings**

  	
   

  	
   

  	
  $

  	
  1,000

  	
   

  	
   

  










**             Committee meeting
fees are paid only to committee members, and not to other Board members,
attending committee meetings.


Non-employee directors also receive reimbursement of
out-of-pocket expenses incurred in attending Board and committee meetings. Non-employee
directors do not receive any Company-paid perquisites.
EX-32
       SECTION 1350 CERTIFICATION OF GARY BORGLUND

                   SECTION 1350 CERTIFICATION

In connection with the quarterly report of Avery Sports Turf,
Inc. ("Company") on Form 10-QSB for the quarter ended June 30, 2005 as
filed with the Securities and Exchange Commission ("Report"), the
undersigned, in the capacity and on the date indicated below, hereby
certifies pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
(18 U.S.C. Section 1350), that to his knowledge:

1.  The 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 Report fairly presents, in all
material respects, the financial condition and results of operations
of the Company.


Dated: August 31, 2005                 /s/  Gary Borglund
                                       Gary Borglund, President
                                       (principal financial officer)
Exhibit 32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the Quarterly Report of Bank of Florida Corporation (the
Company) on Form 10-Q for the period ended June 30, 2009 as filed with the Securities and Exchange Commission (the Report), I, Michael L. McMullan, President, Chief Executive Officer and Principal Executive Officer of
the Company, certify, pursuant to 18 U.S.C. Section 1350, as added by Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | 1. | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | -- | ---------------------------------------------------------------------------------------------------------------------



| | 2. | To my knowledge, the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of and for
the period covered by the Report.
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |     |  |                            
|-------------------- |  | --- |  | ---------------------------
|Date: August 7, 2009 |  | By: |  | /s/ Michael L. McMullan    
|                     |  |     |  | Michael L. McMullan,       
|                     |  |     |  | Principal Executive Officer
From: Higgins, Cortney [mailto:Cortney_Higgins@omb.eop.gov] 

Sent: Thursday, May 22, 2014 7:25 AM 

To: Wayland, Robertj 

Subject: RE: tomrrow's meeting -- in person? 

Here’s the waves sheet. 

Regards, 

Cortney 

<< Waves Format_20_Excel_Template_V1 8 9 (3).xls >> 

From: Wayland, Robertj [mailto:Wayland.Robertj@epa.gov] 

Sent: Wednesday, May 21, 2014 10:31 PM 

To: Higgins, Cortney 

Subject: RE: tomrrow's meeting -- in person? 

Will do. Is it too difficult to ask you to send me a blank spreadsheet? The WAVES excel file 

doesn't allow me to delete names, only add names. :-) 

bob 

Robert J. Wayland, Ph.D. 

Leader, Energy Strategies Group 

U.S. Environmental Protection Agency 

Office of Air Quality Planning and Standards 

Sector Policies and Programs Division 

Mail Code D243-01 

Research Triangle Park, North Carolina 27709 

 

Office: (919) 541-1045 

Cell: (919) 306-2290 

Fax: (919) 541-5450 

 

Email: wayland.robertj@epa.gov 

 

************************************** 

DRAFT/Deliberative Document - FOIA EXEMPT 

************************************** 
From: Higgins, Cortney <Cortney_Higgins@omb.eop.gov> 

Sent: Wednesday, May 21, 2014 10:30 PM 

To: Wayland, Robertj 

Subject: Re: tomrrow's meeting -- in person? 

Please just send the waves to me. Thanks! 

From: Wayland, Robertj [mailto:Wayland.Robertj@epa.gov] 

Sent: Wednesday, May 21, 2014 10:22 PM Eastern Standard Time 

To: Higgins, Cortney 

Subject: FW: tomrrow's meeting -- in person? 

OGC will participate in person per Howard's note below. Just let me know where in the NEOB or 

WHCC they should report for the 12 pm meeting tomorrow. I will also open the line for others to 

call-in. 

bob 

Robert J. Wayland, Ph.D. 

Leader, Energy Strategies Group 

U.S. Environmental Protection Agency 

Office of Air Quality Planning and Standards 

Sector Policies and Programs Division 

Mail Code D243-01 

Research Triangle Park, North Carolina 27709 

 

Office: (919) 541-1045 

Cell: (919) 306-2290 

Fax: (919) 541-5450 

 

Email: wayland.robertj@epa.gov 

 

************************************** 

DRAFT/Deliberative Document - FOIA EXEMPT 

************************************** 
From: Higgins, Cortney <Cortney_Higgins@omb.eop.gov> 

Sent: Wednesday, May 21, 2014 7:18 PM 

To: Wayland, Robertj 

Cc: Elman, Barry 

Subject: tomrrow's meeting -- in person? 

Hi Bob, 

I left you a VM, but is it possible to have Howard and others from DC come in person to the 

meeting tomorrow at noon? If so, we’ll need to get WAVES information in the morning. 

Regards, 

Cortney
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
connection with the Quarterly Report of Interactive Intelligence, Inc. (the
“Registrant”) on Form 10-Q for the quarterly period ending September 30, 2008 as
filed with the Securities and Exchange Commission on the date hereof (the
“Report”), I, Stephen R. Head, Chief Financial Officer, Vice President of
Finance and Administration, Secretary and Treasurer 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 to the best of my knowledge:





(1)
            The
      Report, to which this certification is attached as Exhibit 32.2,
      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 Report fairly presents, in all material respects,
      the financial condition and results of operations of the
      Registrant.





/s/
Stephen R. Head.


Stephen
R. Head


Chief
Financial Officer, Vice President of Finance and Administration,


Secretary
and Treasurer


(Principal
Financial Officer and Principal Accounting Officer)


November
6, 2008
SOI RUfM.^c^R^t 

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No. 11-5957.

#### Jackson *v.*Lafler, Warden.

C. A. 6th Cir. Certiorari denied.
No. 11-5618.

#### Weldon *v.*Pate, Warden.

C. A. 4th Cir. Cer-tiorari denied.
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

In connection with the Quarterly Report of Jones Soda Co. (the Company) on Form 10-Q for the fiscal
quarter ended September 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Stephen C. Jones, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge and belief:

1. the Report fully complies with
the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o (d)); and

2. the information contained in the
Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                        |  |  |  |                  
|----------------------- |  |  |  | -----------------
|                        |  |  |  |                  
|                        |  | 
|/s/ Stephen C. Jones    |  |  |  | November 10, 2008
|Stephen C. Jones        |  |  |  |                  
|Chief Executive Officer |  |  |  |
31.2     Certification of the Chief Financial Officer of Genesis Capital
         Corporation of Nevada pursuant to Section 302 of the Sarbanes-Oxley Act
         of 2002

I, Christopher Astrom, certify that:

1. I have reviewed this Form 10-QSB of Genesis Capital Corporation of Nevada;

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 report, fairly present in all material respects the
financial condition, results of operations and cash flows of the small business
issuer as of, and for, the periods presented in this report;

4. The small business issuer's other certifying officer(s) 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 small business issuer 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 small business issuer, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this report is being prepared;

(b) Evaluated the effectiveness of the small business issuer'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 small business issuer's internal
control over financial reporting that occurred during the small business
issuer's most recent fiscal quarter (the small business issuer's fourth fiscal
quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the small business issuer's internal
control over financial reporting; and

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

(a) All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the small business issuer'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 small business issuer's internal
control over financial reporting.

Date: August 8, 2006


/s/ CHRISTOPHER ASTROM
-----------------------
Christopher Astrom
Chief Financial Officer