alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE SUPREME COURT

STATE OF NORTH DAKOTA

2022 ND 143

State of North Dakota, Plaintiff and Appellee

v.

Benjamin David Greff, Defendant and Appellant

No. 20220059

Appeal from the District Court of Burleigh County, South Central Judicial 

District, the Honorable Pamela A. Nesvig, Judge.

AFFIRMED.

Per Curiam.

Justin J. Schwarz, Assistant State’s Attorney, Bismarck, ND, for plaintiff and 

appellee; submitted on brief.

Steven Balaban, Bismarck, ND, for defendant and appellant; submitted on 

brief.

FILED 

IN THE OFFICE OF THE 

CLERK OF SUPREME COURT 

JULY 21, 2022 

STATE OF NORTH DAKOTA
1

State v. Greff

No. 20220059

Per Curiam.

[¶1] Benjamin Greff appeals from an amended order deferring imposition of 

sentence after he pled guilty to theft of property and was ordered to pay 

restitution. Greff argues the district court acted beyond statutory limits in 

setting the restitution amount at $5,075 based on the testimony of the co-owner 

of the stolen property. We conclude the district court acted within statutory 

limits in setting the amount of restitution. State v. Pagenkopf, 2020 ND 33, ¶

6, 939 N.W.2d 2 (“When reviewing a restitution order, we look to whether the 

district court acted within the limits set by statute, which is a standard similar 

to our abuse of discretion standard.”). We affirm under N.D.R.App.P. 35.1(a)(2).

[¶2] Jon J. Jensen, C.J.

Gerald W. VandeWalle

Daniel J. Crothers

Lisa Fair McEvers

Jerod E. Tufte
#### § 502.4 Incorporation by reference.

For purposes of this part, matter which is reasonably available to the class of persons affected thereby will be deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register.
##### 



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 quarterly report for the quarter ended June 30, 2007 (the Form 10-QSB) 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 Form 10-QSB fairly presents, in all material respects,
the financial condition and results of operations of the Company.
 /s/ Anthony Delise
Anthony DeliseInterim Chief Executive OfficerDate: July 11, 2007/s/
Christopher G. PizzoChristopher G. PizzoChief Financial OfficerDate: July 11, 2007
Exhibit 32.4

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, Michael
Gilligan, Principal Financial Officer of DB Commodity Services LLC, the Managing Owner of PowerShares DB US Dollar Index Trust (the Trust), hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:



| | (1) | The Trusts Annual Report on Form 10-K for the year ended December 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the
Annual Report), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Annual Report fairly presents, in all material respects, the financial condition and results of operations of the Trust.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------



|                         |  |  |  |                            
|------------------------ |  |  |  | ---------------------------
|Dated: February 28, 2011 |  |  |  | /s/ Michael Gilligan       
|                         |  |  |  | Michael Gilligan           
|                         |  |  |  | Principal Financial Officer
§ 95.617 Software and ownership rights. ( a ) *General.* The State or local government must include a clause in all procurement instruments that provides that the State or local government will have all ownership rights in software or modifications thereof and associated documentation designed, developed or installed with Federal financial participation under this subpart.
( b ) *Federal license.* The Department reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use for Federal Government purposes, such software, modifications, and documentation.
( c ) Proprietary software. Proprietary operating/vendor software packages which are provided at established catalog or market prices and sold or leased to the general public shall not be subject to the ownership provisions in paragraphs (a) and (b) of this section. FFP is not available for proprietary applications software developed specifically for the public assistance programs covered under this subpart.
[51 FR 45326, Dec. 18, 1986, as amended at 75 FR 66340, Oct. 28, 2010]
§ 86.54 Compensation. A recipient shall not make or enforce any policy or practice which, on the basis of sex: ( a ) Makes distinctions in rates of pay or other compensation;
( b ) Results in the payment of wages to employees of one sex at a rate less than that paid to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.
(Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682)
EXHIBIT 23

                         CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statement (Form
S-3 No. 33-80935) of Network Event Theater,  Inc. and in the related  Prospectus
of our report  dated  September  10,  1997,  with  respect  to the  consolidated
financial  statements of Network  Event  Theater,  Inc.  included in this Annual
Report (Form 10KSB) for the year ended June 30, 1997.


                                                  /S/ ERNST & YOUNG LLP
                                                  ------------------------
                                                  Ernst & Young LLP

New York, New York
September 29, 1997
#### §§ 75.376-75.380 [Reserved]
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 Science Foundation

In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation announces the following meeting:

*Name:*                     National Science Board Public Service Award Committee (5195).                

*Date and Time:*                     Tuesday January 16, 2007, 11:00 a.m. EST (teleconference meeting).                

*Place:*                     The teleconference will originate from the National Science Board Office, National Science Foundation, 4201 Wilson Blvd., Arlington, Virginia 22230.                

*Type of Meeting:*                     Closed.                

*Contact Person:*                     Ms. Ann Noonan, National Science Board Office, National Science Foundation, 4201 Wilson Blvd, Arlington, VA 22230. Telephone: 703-292-7000.                

*Purpose of Meeting:*                     To provide advice and recommendations in the selection of the NSB Public Service Award recipients.                

*Agenda:*                     To review and evaluate nominations as part of the selection process for awards.                

*Reason for closing:*                     The nominations being reviewed include information of a personal nature where public disclosure would constitute clearly unwarranted invasions of personal privacy. These matters are exempt from open meeting and public attendance requirements under 5 U.S.C. Appendix 10(d) and 5 U.S.C. 552b(c)(6).                

Dated: December 21, 2006.

Susanne Bolton,

Committee Management Officer.

[FR Doc. 06-9898 Filed 12-27-06; 8:45 am]

BILLING CODE 7555-01-M
#### Albert Lilienthal et al., Respondents, *v.*The German-American Brewing Company, Appellant.

*Lilienthal*v. *German-American Brewing Co.,*137 App. Div. 941, affirmed.

(Argued November 17, 1909;

decided December 7, 1909.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 21,1908, affirming a judgment in favor of plaintiffs entered upon a verdict and an order denying a motion for a new trial in an action to recover upon a contract of sale.

*Charles Newton*for appellant.

*Charles W. Coleman*for respondents.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Chase, JJ.
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 Defense Industries International, Inc.
(the “Company”) on Form 10-Q for the period ending September 30, 2010 as filed
with the SEC on the date hereof (the “Report”), I, Uri Nissani, Chief Executive
Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted
pursuant to §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)  The
information contained in the Report fairly presents, in all material respects,
the financial condition and result of operations of the Company.
 
 
 /s/Uri
Nissani
 Uri
Nissani
 Chief
Executive Officer
 
 November
15, 2010
#### Louis E. Howard and others, *Appellants, v.*Joseph Park and others, *Respondents*.

Judgment reversed; judgment directed as as ordered in opinion. Opinion by

Davis, P. J., and Daniels, J.
#### Margaret Mosbach, as Administratrix of the Estate of Louis J. Mosbach, Deceased, Respondent, *v.*Union Railway Company of New York City, Appellant.

*Mosbach*v. *Union Bailway Co.,*129 App. Div. 543, affirmed.

(Argued January 19, 1910;

decided February 8, 1910.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 6, 1909, affirming a judgment in favor of plaintiff *600entered upon, a verdict and an order denying a motion for a new trial in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned by defendant’s negligence.

*Bayard H. Ames, Walter Henry Wood*and *James*L. *Quackenbush*for appellant.

*James G. Graham*for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Vann, Willard Bartlett and Chase, JJ.
#### § 95.615 Access to systems and records.

The State agency must allow the Department access to the system in all of its aspects, including pertinent state staff, design developments, operation, and cost records of contractors and subcontractors at such intervals as are deemed necessary by the Department to determine whether the conditions for approval are being met and to determine the efficiency, economy and effectiveness of the system.

[75 FR 66340, Oct. 28, 2010]
# CE2009295EN.01010201.xml

| 4.12.2009 | EN | Official Journal of the European Union | CE 295/102 |
| --- | --- | --- | --- |

4.12.2009

EN

Official Journal of the European Union

CE 295/102

---

Tuesday 2 September 2008Protocol to the EC-Uzbekistan Partnership and Cooperation Agreement *

P6_TA(2008)0373

European Parliament legislative resolution of 2 September 2008 on the proposal for a Council and Commission decision on the conclusion of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and theRepublic of Uzbekistan, of the other part, to take account of the accession of the Republic ofBulgaria and Romania to the European Union (COM(2007)0117 — C6-0213/2008 — 2007/0044(CNS))

2009/C 295 E/29

(Consultation procedure)

The European Parliament,

The European Parliament

having regard to the proposal for a Council and Commission decision (COM(2007)0117),

having regard to the Partnership and Cooperation Agreement with the Republic of Uzbekistan,

having regard to Article 44(2), Article 47(2), last sentence, Articles 55, 57(2), 71, 80(2), 93, 94, 133, 181a, and Article 300(2), second sentence, of the EC Treaty,

having regard to Article 101 of the Euratom Treaty,

having regard to Article 6(2) of the Act of Accession of Bulgaria and Romania,

having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0213/2008),

having regard to Rules 51, 83(7) and 43(1) of its Rules of Procedure,

having regard to the report of the Committee on Foreign Affairs (A6-0306/2008),

| 1. | Approves the conclusion of the Protocol; |
| --- | --- |

1.

Approves the conclusion of the Protocol;

| 2. | Instructs its President to forward its position to the Council and the Commission, and to the governments and parliaments of the Member States and of the Republic of Uzbekistan. |
| --- | --- |

2.

Instructs its President to forward its position to the Council and the Commission, and to the governments and parliaments of the Member States and of the Republic of Uzbekistan.

---
RLEDINCOURT OF APPEALS 12th Court of AppealsDistrict 

# ~1 CATHYS. LUSK,CLERK FILE COPY RE: Case No. 14-1039 DATE: 3/13/2015 

### COA #: 12-13-00038-CV TC#: 08-CV-30,215 STYLE:JOAQUIN INDEPENDENT SCHOOL DISTRICT v. SHELBY COUNTY APPRAISAL DISTRICT, ET AL. 

### Petitioner's motion for rehearing was this day 

### filed in the above styled and numbered case.

MS. CATHY S. LUSK CLERK, TWELFTH COURT OF APPEALS 

### 1517 WEST FRONT, SUITE 354 TYLER, TX 75702
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





CERTIFICATION





I,
William Kerby, Chief Executive Officer of NEXT 1 INTERACTIVE, INC. (the
“Company”), hereby certify, pursuant to 18 U.S.C. § 1350 adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that to my
knowledge:





(i) The
Company’s accompanying Yearly Report on Form 10-K for the year ended February
28, 2009 fully complies with the requirements of Section 13(a) or Section 15(d)
of the Securities Exchange Act of 1934; and





(ii) The
information contained in such report fairly presents, in all material respects,
the financial condition and results of operations of the Company.





/s/ William KerbyWilliam
      KerbyChief
      Executive OfficerDated:
      October 2, 2009
#### § 708.14 Interest, penalties, and administrative costs.

Charges may be assessed for interest, penalties, and administrative costs.
§ 75.463 Recruiting costs. ( a ) Subject to paragraphs (b) and (c) of this section, and provided that the size of the staff recruited and maintained is in keeping with workload requirements, costs of “help wanted” advertising, operating costs of an employment office necessary to secure and maintain an adequate staff, costs of operating an aptitude and educational testing program, travel costs of employees while engaged in recruiting personnel, travel costs of applicants for interviews for prospective employment, and relocation costs incurred incident to recruitment of new employees, are allowable to the extent that such costs are incurred pursuant to the non-Federal entity's standard recruitment program. Where the non-Federal entity uses employment agencies, costs not in excess of standard commercial rates for such services are allowable.
( b ) Special emoluments, fringe benefits, and salary allowances incurred to attract professional personnel that do not meet the test of reasonableness or do not conform with the established practices of the non-Federal entity, are unallowable.
( c ) Where relocation costs incurred incident to recruitment of a new employee have been funded in whole or in part to a Federal award, and the newly hired employee resigns for reasons within the employee's control within 12 months after hire, the non-Federal entity will be required to refund or credit the Federal share of such relocation costs to the Federal Government. See also § 75.464.
( d ) Short-term, travel visa costs (as opposed to longer-term, immigration visas) are generally allowable expenses that may be proposed as a direct cost. Since short-term visas are issued for a specific period and purpose, they can be clearly identified as directly connected to work performed on a Federal award. For these costs to be directly charged to a Federal award, they must: ( 1 ) Be critical and necessary for the conduct of the project;
( 2 ) Be allowable under the applicable cost principles;
( 3 ) Be consistent with the non-Federal entity's cost accounting practices and non-Federal entity policy; and
( 4 ) Meet the definition of “direct cost” as described in the applicable cost principles.
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA F OURTH D ISTRICT

GARY MALONE , Appellant,

v.

STATE OF FLORIDA , Appellee

.

No. 4D 17

- 2443

[ August 31, 2017 ]

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit; Broward County

, Bernard I. Bober, Judge; L.T. Case No s

. 99

- 1540 CF10A, 99

- 7354 CF10A and 00

- 7708 CF10A

.
Gary Malone, Arcadia, pro se

.

No appearance required for appellee

.

P ER C URIAM

.
Affirmed.

G ERBER , C.J., W ARNER and F ORST , JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
GEN. PURPOSE

SINGLE PHASE

GEN. PURPOSE

THREE PHASE

SEVERE

DUTY

EXPLOSION

PROOF

C-FACE SINGLE &

THREE PHASE

MULTI-SPEED

THREE PHASE

INVERTER

DUTY

VECTOR

DUTY

BRAKE

MOTORS

U FRAME

MOTORS

DIRECT CURRENT

(DC)

HVAC

MOTORS

112 ®www.emersonmotors.com

APPLICATIONS:

Designed for air compressors, pumps, conveyors, blowers and general industrial equipment located in hazardous areas.

220

FEATURES:

* UL Listed & CSA Certified

* Temp Code T3B

* Class B Insulation, Continuous Duty, 40C Ambient

* F1 Assembly

Voltage List

Catalog

Frame Number

"C" Dim.

(inches)

Multiplier

Symbol

Ship Wt

HP RPM (lbs) Notes

Footed

 Full Load 

SF Amps

1/4 1800 115/230 56 XS14CA2P $310 DS-3F 1.00 11.8 19 4.6/2.3 24

1200 115/230 56 XS14CA3P $454 DS-3F 1.00 12.9 22 6.9/3.5 24

1/3 1800 115/230 56 XS13CA2P $329 DS-3F 1.00 12.4 32 6.8/3.4 24

1200 115/230 56 XS13CA3P $586 DS-3F 1.00 12.9 31 7.3/3.7 24

1/2 3600 115/230 56 XS12CA1P $391 DS-3F 1.00 12.9 30 8.0/4.0 24

1800 115/230 56 XS12CA2P $362 DS-3F 1.00 12.9 31 9.0/4.5 24

3/4 3600 115/230 56 XS34CA1P $441 DS-3F 1.00 13.9 31 9.8/4.9 24

1800 115/230 56 XS34CA2P $405 DS-3F 1.00 13.9 31 11.4/5.7 24

1 3600 115/230 56 XS1CA1P $477 DS-3F 1.00 13.4 41 12.0/6.0 24

1800 115/230 56 XS1C2P $434 DS-3F 1.00 14.4 32 13.6/6.8 25

Voltage List

Catalog

Frame Number

"C" Dim.

(inches)

Multiplier

Symbol

Ship Wt

HP RPM (lbs) Notes

C Face Footless

 Full Load 

SF Amps

1/4 1800 115/230 56C X14CA2PCR $310 DS-3F 1.15 12.5 25 5.6/2.8 24

1/3 1800 115/230 56C X13CA2PCR $345 DS-3F 1.00 13.0 30 6.8/3.4 24

1/2 3600 115/230 56C XS12CA1PCR $438 DS-3F 1.00 13.0 27 8.0/4.0 24

1800 115/230 56C X12CA2PCR $362 DS-3F 1.00 13.0 32 9.0/4.5 24

3/4 3600 115/230 56C XS34CA1PCR $468 DS-3F 1.00 13.8 32 9.8/4.9 24

1800 115/230 56C X34CA2PCR $405 DS-3F 1.00 14.0 40 11.4/5.7 24

1 3600 115/230 56C XS1CA1PCR $504 DS-3F 1.00 14.0 41 12.0/6.0 24

1800 115/230 56C X1CA2PCR $434 DS-3F 1.00 14.0 41 13.6/6.8 24

Note 24

Note 25 Non-protected

Automatic Reset Thermal Overload Protector

General Purpose Single Phase

Explosionproof Class I (Group C & D), Class II (Group E, F & G)

EERE-2007-BT-STD-0007 COMMENT 30
#### § 92.209 Nondiscrimination on the basis of association.

A covered entity must not exclude from participation in, deny the benefits of, or otherwise discriminate against an individual or entity in its health programs and activities on the basis of the respective race, color, national origin, sex, age, or disability of the individual and another person with whom the individual or entity has a relationship or association.
§ 34.8 Computation of award and settlement. ( a ) The amount awarded on any item of property shall not exceed the adjusted cost of the item based on the cost of replacing it with a similar one of the same quality minus the appropriate depreciation rate. The amount normally payable on property damaged beyond economical repair shall not exceed its depreciated value. If the cost of repairs is less than the depreciated value it shall be considered economically repairable and the costs of repairs shall be the amount payable.
( b ) Depreciation in value of an item shall be determined by considering the type of article involved, its replacement cost, condition when lost or damaged beyond economical repair, and the time elapsed between the date of acquisition and the date of accrual of the claim.
( c ) Notwithstanding any other provision of law, settlements of claims under the MPCE Act are final and conclusive. The acceptance of a settlement constitutes a complete release of any claim against the United States and any employee of the government whose act or omission gave rise to the claim by reason of the same claim.
#### § 86.7 Effect of employment opportunities.

The obligation to comply with this part is not obviated or alleviated because employment opportunities in any occupation or profession are or may be more limited for members of one sex than for members of the other sex.

(Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682)