alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
SUPREME COURT — APPELLATE DIVISION — FIRST DEPARTMENT.

July 2, I920.

#### THE PEOPLE v. JOSEPH LILYMELD.

(192 App. Div. 719.)

Primary election—Penal Law. § 751, sued. 12—Making false statement OF RESULT OF CANVASS OF BALLOTS AT ELECTION IN VIOLATION OF SUBDIVISION 12 OF SECTION 751 OF PENAL LAW-CHARGE—FAILURE TO CHARGE SPECIFICALLY AS TO DUTIES OF CHAIRMAN AND INSPECTORS ACTING AS BALLOT CLERKS.

On a prosecution for wilfully making a false statement of the result of a canvass at a primary election in violation of subdivision 12 of section 751 of the Penal Law, it was error for the court to refuse to charge specifically what were the duties under the law of the chairman and of the inspectors acting as ballot clerks, because of its bearing upon the wilful intent of the defendant in making the statement of the result of the canvass.

Appeal by the defendant, Joseph Lilymeld, from a judgment of conviction, rendered in the Supreme Court, Extraordinary Trial Term, Hew York county, on the 19tli day of April, 1918, convicting the defendant of wilfully making a false statement of the result of a canvass at a primary election held on Septem*446her 19; 1917, in violation bf subdivision 12 of section 751 of the Penal Law.

*Emil E.*Fuchs, of counsel *(Sanford H. Cohen*with him on the brief), for the appellant.

*Robert S. Johnstone, Assistant District Attorney,*of counsel *(Felix C. Benvenga*with him on the brief), *Edward Swann, District Attorney,*for the respondent.

Smith, J.:

The questions presented in this case are substantially those presented in the case of People v. Luft (192 App. Div. 713), the decision of which is handed down herewith. The word “ wilfully ” was defined by the court substantially as it was defined in the Luft case, and, furthermore, the court refused to charge specifically what were the duties under the Election Law of the chairman and of those inspectors acting as ballot and poll clerks. The refusal to charge as to the specific provisions of that statute was, we think, material error by reason of its bearing upon the Avilful intent of the defendant in making the statement of the result of the canvass.

The judgment should, therefore,, be reversed and a neAv trial granted.

Clarke, P. J., Doavlixg and Page, JL, concur.

Judgment reversed and iicav trial granted. Settle order on notice.
§ 80.123 Service to stations on land. Marine VHF public coast stations, including AMTS coast stations, may provide service to stations on land in accordance with the following: ( a ) The public coast station licensee must provide each associated land station with a letter, which shall be presented to authorized FCC representatives upon request, acknowledging that the land station may operate under the authority of the associated public coast station's license:
( b ) Each public coast station serving stations on land must afford priority to marine-originating communications through any appropriate electrical or mechanical means.
( c ) Land station identification shall consist of the associated public coast station's call sign, followed by a unique numeric or alphabetic unit identifier;
( d ) Radio equipment used on land must be certified for use under part 22, part 80, or part 90 of this chapter. Such equipment must operate only on the public correspondence channels authorized for use by the associated public coast station;
( e ) Transmitter power shall be in accordance with the limits set in § 80.215 for ship stations and antenna height shall be limited to 6.1 meters (20 feet) above ground level;
( f ) Land stations may only communicate with public coast stations and must remain within radio range of associated public coast stations; and,
( g ) The land station must cease operation immediately upon written notice by the Commission to the associated public coast station that the land station is causing harmful interference to marine communications.
[62 FR 40304, July 28, 1997, as amended at 72 FR 31194, June 6, 2007; 73 FR 4480, Jan. 25, 2008]
**Exhibit 21.1**

 

**SUBSIDIARIES OF THE REGISTRANT**

 

AngioCare Corporation 

ArthroCare Corporation Cayman Islands 

ArthroCare Costa Rica SRL 

ArthroCare Deutschland GmbH 

ArthroCare Europe AB 

ArthroCare France SRL 

ArthroCare International, Inc. 

ArthroCare Italy SPA 

ArthroCare U.K. LTD 

Atlantech Medical Devices (UK) Ltd. 

Atlantech Medical Devices Ltd. 

Atlantech Medizinische Produkte Vertreibs 

Atlantech Medizintechnik GmbH 

LySonix, Inc. 

MDA Capital, Inc. 

Medical Device Alliance Inc. 

Parallax Medical, Inc.
No. 11-10193.

#### Robinson *v.*United States.

C. A. 4th Cir. Certiorari denied.
§ 87.143 Transmitter control requirements. ( a ) Each transmitter must be installed so that it is not accessible to, or capable of being operated by persons other than those authorized by the licensee.
( b ) Each station must be provided with a control point at the location of the transmitting equipment, unless otherwise specifically authorized. Except for aeronautical enroute stations governed by paragraph (e) of this section, a control point is the location at which the radio operator is stationed. It is the position at which the transmitter(s) can immediately be turned off.
( c ) Applicants for additional control points at aeronautical advisory (unicom) stations must specify the location of each proposed control point.
( d ) Except for aeronautical enroute stations governed by paragraph (f) of this section, the control point must have the following facilities installed: ( 1 ) A device that indicates when the transmitter is radiating or when the transmitter control circuits have been switched on. This requirement does not apply to aircraft stations;
( 2 ) Aurally monitoring of all transmissions originating at dispatch points;
( 3 ) A way to disconnect dispatch points from the transmitter; and
( 4 ) A way to turn off the transmitter.
( e ) A dispatch point is an operating position subordinate to the control point. Dispatch points may be installed without authorization from the Commission, and dispatch point operators are not required to be licensed.
( f ) In the aeronautical enroute service, the control point for an automatically controlled enroute station is the computer facility which controls the transmitter. Any computer controlled transmitter must be equipped to automatically shut down after 3 minutes of continuous transmission of an unmodulated carrier.
No. 11-10149.

#### Parker *v.*United States.

C. A. 4th Cir. Certiorari denied.

Justice Kagan took no part in the consideration or decision of this petition.
EX-10.1



 





Exhibit 10.1













P.O. BOX 91129 l CLEVELAND, OHIO 44101 l (440)461-5200




DENNIS McKENNA

VICE PRESIDENT

GLOBAL BUSINESS DEVELOPMENT




7 February 2006



Mr. Randy Ruhlman

Ruhlman Motor Sports

2403 Deer Track Lane

Greensboro, NC 27455





Dear Randy,




This letter will confirm our return as your primary sponsor for the Grand American Road Racing
Series in 2006. It is unfortunate that the recent demise of the Trans-Am Series will not allow
you to build on the terrific season you had last year but we look forward to further exploring
the additional marketing opportunities the Grand American Series appears to offer.




As we discussed, PLP® is providing a total of $950,000 in sponsorship fees for the 2006 season.
Enclosed is the first installment of $500,000. The payment schedule for the remainder of the
2006 sponsorship fee will be as follows:



	 	 	 	 	 	 	 	 	 
	 

	 	March 2006:
	 	$	250,000	 	 	 
	 

	 	April 2006:
	 	$	100,000	 	 	 
	 

	 	May 2006:
	 	$	100,000	 	 	 







I once again look forward to working closely with you and Cristi to identify ways to
enhance the effectiveness and impact of the racing program for PLP and stand ready to support
your efforts as you transition into the new series.




Racing provides us with a unique venue for strengthening our relationships with customers and
all of us within the Marketing and Sales group look forward to working closely with you, Cristi
and your team in 2006.



	 	 	 	 	 
	 

	 	Best Regards,	 	 
	 
	 	 	 	 
	 

	 	/s/ Dennis F. McKenna	 	 
	 

	 	 

Dennis F. McKenna
	 	 
	 

	 	Vice President, Marketing and Business Development	 	 
	 
	 	 	 	 
	 

	 	cc: R.G. Ruhlman
###### Editorial Note on Part 2

#### Editorial Note:

Nomenclature changes to part 2 appear at 63 FR 54077, Oct. 8, 1998.

#### § 2.108 Policy regarding the use of the fixed-satellite allocations in the 3.6-3.7, 4.5-4.8, and 5.85-5.925 GHz bands.

The use of the fixed-satellite allocations in the United States in the above bands will be governed by footnote US245. Use of the fixed-satellite service allocations in these bands is for the international fixed-satellite service, that is, for international inter-continental communications. Case-by-case electromagnetic compatibility analysis is required with all users of the bands. It is anticipated that one earth station on each coast can be successfully coordinated. Specific locations of these earth stations depend upon service requirements and case-by-case EMC analyses that demonstrate compatible operations.
EXHIBIT 99.14

                           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 Amended  Quarterly  Report of Houston  Operating  Company
(the "Company") on Form 10-QSB for the period ending September 30, 2002 as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report").
I, J.R. Nelson,  President, CEO, and CFO of the company, certify, pursuant to 18
USC Section 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; 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/J.R. Nelson
                                         --------------------------------
                                         J.R. Nelson, President/CEO/CFO

Dated:  11/19/02
EXHIBIT 31.1

                    CERTIFICATION PURSUANT TO SECTION 302 OF
                         THE SARBANES-OXLEY ACT OF 2002

I, David J. Johnson, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Environmental
Solutions Worldwide, Inc;

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 period covered by this quarterly
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly 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 Officer's and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and we have:

a) designed such disclosure controls and procedures 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 as of a date within 90 days prior to the filing of this quarterly
report (the "Evaluation Date"); and

c) presented in this quarterly report my conclusions about the effectiveness of
the disclosure controls and procedures based on our evaluation as of the
Evaluation Date;

5. The registrant's other Certifying Officer's and I have disclosed, based on
our most recent evaluation, to the registrant's auditors and the audit committee
of the registrant's board of directors (or persons performing the equivalent
function):

a) all significant deficiencies in the design or operation of internal controls
which could adversely affect the registrant's ability to record, process,
summarize and report financial data and have identified for the registrant's
auditors any material weaknesses in internal controls; 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; and

6. The registrant's other Certifying Officer's and I have indicated in this
quarterly report whether or not there were significant changes in internal
controls or in other factors that could significantly affect internal controls
subsequent to the date of our most recent evaluation, including any corrective
actions with regard to significant deficiencies and material weaknesses.

                                    DATE: NOVEMBER 9, 2007


                                    /S/ DAVID J. JOHNSON
                                    --------------------
                                    DAVID J. JOHNSON
                                    CHIEF EXECUTIVE OFFICER AND PRESIDENT
§ 80.1074 Radio maintenance personnel for at-sea maintenance. ( a ) Ships that elect the at-sea option for maintenance of GMDSS equipment (see § 80.1105) must carry at least one person who qualifies as a GMDSS radio maintainer, as specified in paragraph (b) of this section, for the maintenance and repair of equipment specified in this subpart. This person may be, but need not be, the person designated as GMDSS radio operator as specified in § 80.1073.
( b ) The following licenses qualify personnel as GMDSS radio maintainers to perform at-sea maintenance of equipment specified in this subpart. For the purposes of this subpart, no order is intended by this listing or the alphanumeric designator. ( 1 ) DM: GMDSS Maintainer's License;
( 2 ) DB: GMDSS Operator's/Maintainer's License.
( c ) While at sea, all adjustments of radio installations, servicing, or maintenance of such installations that may affect the proper operation of the GMDSS station must be performed by, or under the immediate supervision and responsibility of, a qualified GMDSS radio maintainer as specified in paragraph (b) of this section.
( d ) The GMDSS radio maintainer must possess the knowledge covering the requirements set forth in IMO Assembly on Training for Radio Personnel (GMDSS), Annex 5 and IMO Assembly on Radio Maintenance Guidelines for the Global Maritime Distress and Safety System related to Sea Areas A3 and A4.
[57 FR 9065, Mar. 16, 1992, as amended at 63 FR 49872, Sept. 18, 1998; 68 FR 46976, Aug. 7, 2003; 76 FR 67616, Nov. 2, 2011]
I

103D CONGRESS

2D SESSION H. R. 4805

To amend title 23, United States Code, relating to penalties for use of

motorcycle helmets.

IN THE HOUSE OF REPRESENTATIVES

JULY 20, 1994

Mr. SLATTERY introduced the following bill; which was referred to the

Committee on Public Works and Transportation

A BILL

To amend title 23, United States Code, relating to penalties

for use of motorcycle helmets.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. PENALTIES RELATING TO USE OF SAFETY

4 BELTS AND MOTORCYCLE HELMETS.

5 (a) FISCAL YEAR 1994.—Section 153(h)(1) of title

6 23, United States Code, is amended by adding at the end

7 the following: ‘‘However if, at any time in fiscal year 1994,

8 a State does have in effect a law described in subsection

(a)(2), the amount of such transfer shall be 3 9 ⁄4 percent

10 of such funds.’’.
2

•HR 4805 IH

1 (b) THEREAFTER.—Section 153(h)(2) of such title is

2 amended by adding at the end the following: ‘‘However

3 if, at any time in such fiscal year, such State does have

4 in effect a law described in subsection (a)(2), the amount

of such transfer shall be 11 5 ⁄2 percent of such funds.’’.

Æ
No. 11-5010.

#### Pena *v.*United States.

C. A. 3d Cir. Certio-rari denied.
Merrimack,

No. 4509.

#### Gordon Kahn *v.*Louis C. Wyman, *Attorney General.*

Submitted May 31, 1956.

Decided June 8, 1956.

*Tiffany & Osborne*for the plaintiff.

*Louis C. Wyman,*Attorney General, *pro se.*

*Hugh H. Bownes, amicus curiae.*

*246Per curiam.

The divided opinion in *Pennsylvania*v. *Nelson,*350 U. S. 497 (decided Apr. 2, 1956) is interpreted to hold that this state is precluded from prosecuting crimes which involve sedition and subversive activities directed against the government of the United States because as there stated the enforcement of state acts forbidding such activities “presents a serious danger of conflict with the administration of the federal program.” See also, *Commonwealth*v. *Gilbert,*(Mass.) 134 N. E. (2d) 13 (decided May 3, 1956).

In the present case, however, the issue is whether or not the *Nelson*case precludes the Legislature of this state from conducting investigations of subversive activities within the state as distinct from providing for the prosecution of crimes. While it is not clear what a state legislative investigation of subversive activities may accomplish at the present time, we are not satisfied that the *Nelson*case, *supra,*purports to preclude such an investigation. If state investigation of subversive activities is to be prohibited, a declaration to that effect must come from higher authority than this court. We know of no decision of any court which has ruled that the investigative aspects of state subversive activities legislation have been pre-empted by the federal government. We therefore conclude that the Trial Court was correct in dismissing this petition.

Questions attempted to be raised about the validity of the Immunity Act (Laws 1955, c. 312) are not involved in this proceeding at this time.

*Petition dismissed.*
The Japanese beetle is a highly destructive plant pest of foreign origin. Feeding 

on grass roots, it damages lawns, golf courses, and pastures. Adult beetles 

attack foliage, flowers, and fruits of more than 300 species of ornamental and 

agricultural plants!

The Japanese beetle was first found in the United States in 1916 in southern 

New Jersey. Since then, it has spread throughout most of the country east of 

the Mississippi River, as well as areas in Arkansas, Iowa, and Missouri.

How To Recognize the Japanese Beetle’s Life Stages

The adult Japanese beetle is a little less than 1/2 inch long and has a shiny, 

metallic-green body with bronze-colored outer wings. The beetle has five small 

tufts of white hair along each side and two tufts of white hair in the back of 

its body, under the edges of its wings. Males usually are slightly smaller than 

females. Adults can be seen in late spring or early summer aboveground.

During the feeding period, females intermittently leave plants, burrow about 

3 inches into the ground—usually into turf—and lay a few eggs. This cycle 

repeats until the female has laid 40–60 eggs.

By midsummer, the eggs hatch, and the young larvae begin to feed on grass 

roots. These grubs grow to about an inch long and lie in a curled position. In 

late autumn, the grubs burrow 4–8 inches into the soil and remain inactive all 

winter. This insect spends about 10 months a year in the ground in the larval 

stage.

The adult Japanese 

beetle lives aboveground for about 

2 summer months 

and spends about 

10 months underground.

Japanese beetle 

larva underground.

Japanese Beetle (Popillia japonica Newman)

 U.S. Department of Agriculture 

 Animal and Plant Health Inspection Service 
In early spring, the grubs return to the turf and continue to feed 

on roots until late spring, when they change into pupae. In about 

2 weeks, the pupae become adult beetles and emerge from the 

ground. This life cycle takes a year.

For more information, go to http://www.aphis.usda.gov/plant_

health/plant_pest_info/jb/index.shtml.

The U.S. Department of Agriculture is an equal opportunity 

provider and employer.

Program Aid No. 1881

Issued June 2006

Slightly revised July 2007

The Japanese beetle life cycle. (Illustrated by APHIS employee Joel Floyd.)

 JAN FEB MAR APRIL MAY JUNE JULY AUG SEPT OCT NOV DEC
§ 64.903 Cost allocation manuals. ( a ) Each incumbent local exchange carrier having annual revenues from regulated telecommunications operations that are equal to or above the indexed revenue threshold (as defined in § 32.9000 of this chapter) except mid-sized incumbent local exchange carriers is required to file a cost allocation manual describing how it separates regulated from nonregulated costs. The manual shall contain the following information regarding the carrier's allocation of costs between regulated and nonregulated activities: ( 1 ) A description of each of the carrier's nonregulated activities;
( 2 ) A list of all the activities to which the carrier now accords incidental accounting treatment and the justification therefor;
( 3 ) A chart showing all of the carrier's corporate affiliates;
( 4 ) A statement identifying each affiliate that engages in or will engage in transactions with the carrier and describing the nature, terms and frequency of each transaction;
( 5 ) A cost apportionment table showing, for each account containing costs incurred in providing regulated services, the cost pools with that account, the procedures used to place costs into each cost pool, and the method used to apportion the costs within each cost pool between regulated and nonregulated activities; and
( 6 ) A description of the time reporting procedures that the carrier uses, including the methods or studies designed to measure and allocate non-productive time.
( b ) Each carrier shall ensure that the information contained in its cost allocation manual is accurate. Carriers must update their cost allocation manuals at least annually, except that changes to the cost apportionment table and to the description of time reporting procedures must be filed at the time of implementation. Annual cost allocation manual updates shall be filed on or before the last working day of each calendar year. Proposed changes in the description of time reporting procedures, the statement concerning affiliate transactions, and the cost apportionment table must be accompanied by a statement quantifying the impact of each change on regulated operations. Changes in the description of time reporting procedures and the statement concerning affiliate transactions must be quantified in $100,000 increments at the account level. Changes in cost apportionment tables must be quantified in $100,000 increments at the cost pool level. The Chief, Wireline Competition Bureau may suspend any such changes for a period not to exceed 180 days, and may thereafter allow the change to become effective or prescribe a different procedure.
( c ) The Commission may by order require any other communications common carrier to file and maintain a cost allocation manual as provided in this section.
[57 FR 4375, Feb. 5, 1992, as amended at 59 FR 46358, Sept. 8, 1994; 61 FR 50246, Sept. 25, 1996; 62 FR 39779, July 24, 1997; 65 FR 16335, Mar. 28, 2000; 67 FR 5702, Feb. 6, 2002; 67 FR 13229, Mar. 21, 2002]
No. 11-5901.

#### Thomas *v.*Wieland, United States Trustee, et al.

C. A. 10th Cir. Certiorari denied.
# Comments on: 17-2402: FRESENIUS KABI USA, LLC v. BASS [RULE 36 JUDGMENT], Nonprecedential