alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
###### Editorial Note on Part 85

#### Editorial Note:

At the request of the Department of Health and Human Services, the “Section-by-Section Analysis” portion of the preamble of the document published at 53 FR 25595, July 8, 1988, as corrected at 53 FR 26559, July 13, 1988, appears at the end of part 85.

#### §§ 85.4-85.10 [Reserved]
#### John H. Spencer, Appellant, *v.*The New York Central and Hudson River Railroad Company, Respondent.

*Spencer*v. A. *Y. O. & H. B. B. B. Go.,*123 App. Div. 789, affirmed.

(Argued November 17, 1909;

decided December 7, 1909.)

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 24, 1908, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial and granted a new trial in an action to recover for personal injuries alleged to have.been sustained through defendant’s negligence.

*Stephen C. Baldwin*for appellant.

*Robert A. Kutschbock*and *Charles C. Paulding*for respondent.

Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Oh. J., Gray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Chase, JJ
§ 11.455 Requirements for master of Great Lakes and inland self-propelled vessels of less than 100 GRT. ( a ) The minimum service required to qualify an applicant for an endorsement as master of Great Lakes and inland self-propelled vessels of less than 100 GRT is 1 year of total service in the deck department of self-propelled, sail, or auxiliary sail vessels. To obtain authority to serve on the Great Lakes, 3 months of the required service must have been on Great Lakes waters; otherwise the endorsement will be limited to the inland waters of the United States (excluding the Great Lakes).
( b ) To obtain an endorsement for sail or auxiliary sail vessels, the applicant must submit evidence of 6 months of service on sail or auxiliary sail vessels. The required 6 months of service may have been obtained prior to issuance of the endorsement.
( c ) All endorsements issued for master or mate of vessels of less than 100 GRT are issued in tonnage increments based on the applicant's qualifying experience in accordance with the provisions of § 11.422 of this subpart.
Electronically Filed Intermediate Court of Appeals CAAP-12-0000027 30-JUN-2015 08:28 AM
1 

47UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

UNITED STATES OF AMERICA, 

 Plaintiff, Case No. 14-20346 

 Hon. Matthew F. Leitman 

v. 

JOSHUA TUCHOLSKI, 

 Defendant. 

_________________________________/ 

ORDER DENYING DEFENDANT 

A CERTIFICATE OF APPEALABILITY 

On November 22, 2016, the Court entered an order denying Defendant 

Joshua Tucholski’s (“Tucholski”) Motion to Vacate his sentence pursuant to 28 

U.S.C. § 2255. (See ECF #50.) In that Order, the Court did not address whether it 

would grant Tucholski a Certificate of Appealability with respect to the Court’s 

ruling. (See id.) Through this Order, the Court DENIES Tucholski such a 

certificate. 

 A certificate of appealability may issue “only if the applicant has made a 

substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). 

To receive a certificate of appealability, “a petitioner must show that reasonable 

jurists could debate whether (or, for that matter, agree that) the petition should 

have been resolved in a different manner or that the issues presented were adequate 

2:14-cr-20346-MFL-DRG Doc # 53 Filed 01/09/17 Pg 1 of 2 Pg ID 455
2 

to deserve encouragement to proceed further.” Miller–El v. Cockrell, 537 U.S. 322, 

336, (2003) (internal quotes and citations omitted). The Court finds that 

reasonable jurists could not debate the correctness of this Court’s ruling that 

Tucholski was not entitled to relief under 28 U.S.C. § 2255. As the Court 

explained, Tucholski failed to establish the required “cause” for failing to raise on 

direct appeal the claims he brought in his Section 2255 motion (see ECF #50), and 

there is no reasonable argument to the contrary. Accordingly, the Court declines to 

issue a Certificate of Appealability. 

IT IS SO ORDERED. 

 s/Matthew F. Leitman 

 MATTHEW F. LEITMAN 

 UNITED STATES DISTRICT JUDGE 

Dated: January 9, 2017 

I hereby certify that a copy of the foregoing document was served upon the parties 

and/or counsel of record on January 9, 2017, by electronic means and/or ordinary 

mail. 

 s/Holly A. Monda 

 Case Manager 

 (313) 234-5113

2:14-cr-20346-MFL-DRG Doc # 53 Filed 01/09/17 Pg 2 of 2 Pg ID 456
# CE2009294EN.01010801.xml

| 3.12.2009 | EN | Official Journal of the European Union | CE 294/108 |
| --- | --- | --- | --- |

3.12.2009

EN

Official Journal of the European Union

CE 294/108

---

Tuesday 8 July 2008Food enzymes ***II

P6_TA(2008)0332

European Parliament legislative resolution of 8 July 2008 on the Council common position for adopting a regulation of the European Parliament and of the Council on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No 258/97 (16676/1/2007 — C6-0140/2008 — 2006/0144(COD))

2009/C 294 E/38

(Codecision procedure: second reading)

The European Parliament,

The European Parliament

having regard to the Council common position (16676/1/2007 — C6-0140/2008) (1),

1

having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2006)0425),

2

having regard to Article 251(2) of the EC Treaty,

having regard to Rule 62 of its Rules of Procedure,

having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A6-0176/2008),

| 1. | Approves the common position as amended; |
| --- | --- |

1.

Approves the common position as amended;

| 2. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

2.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  OJ C 111 E, 6.5.2008, p. 32.

1

(2)  Texts Adopted, 10.7.2007, P6_TA(2007)0322.

2

---

Tuesday 8 July 2008P6_TC2-COD(2006)0144

Position of the European Parliament adopted at second reading on 8 July 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No 258/97

(As an agreement was reached between Parliament and Council, Parliament's position at second reading corresponds to the final legislative act, Regulation (EC) No 1332/2008.)

---
EXHIBIT 14.2

            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We hereby consent to the incorporation by reference in the Registration
Statements on Forms S-8 (File Nos. 2-0-27648, 333-100120, 333-10648, 333-106400
and 333-131870) pertaining to the 1996 Stock Option Plan and Incentive Plan,
1997 Stock Option and Incentive Plan, 1998 and 1999 Stock Option Plan and
Incentive Plan and Amended 2003 Master Stock Option Plan of VocalTec
Communications Ltd. of our report dated November 17, 2005 except for shares and
per share data as to which the date is April 20, 2006 relating to the
consolidated financial statements of TDSOFT Ltd. for the year ended December 31,
2004, which appears in the this Form 20-F for the year ended December 31, 2005.


Tel Aviv, Israel                              KESSELMAN & KESSELMAN
April 20, 2006                                A Member of PriceWaterhouseCoopers
[Federal Register Volume 72, Number 51 (Friday, March 16, 2007)]
[Notices]
[Pages 12617-12618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1273]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES


National Institute for Occupational Safety and Health; Final 
Effect of Designation of a Class of Employees for Addition to the 
Special Exposure Cohort

AGENCY: National Institute for Occupational Safety and Health (NIOSH), 
Department of Health and Human Services (HHS).

ACTION: Notice.

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

SUMMARY: The Department of Health and Human Services (HHS) gives notice 
concerning the final effect of the HHS decision to designate a class of 
employees at the Harshaw Harvard-Denison Plant in Cleveland, Ohio, as 
an addition to the Special Exposure Cohort (SEC) under the Energy 
Employees Occupational Illness Compensation Program Act of 2000. On 
February 1, 2007, as provided for under 42 U.S.C. 7384q(b), the 
Secretary of HHS designated the following class of employees as an 
addition to the SEC:

    Atomic Weapons employees who were monitored or should have been 
monitored while working at the Harshaw Harvard-Denison Plant located 
at 1000 Harvard Avenue in Cleveland, Ohio from August 14, 1942 
through November 30, 1949, and who were employed for a number of 
work days aggregating at least 250 work days or in combination with 
work days within the parameters established for one or more other 
classes of employees in the Special Exposure, Cohort.

    This designation became effective on March 3, 2007, as provided for 
under 42

[[Page 12618]]

U.S.C. 7384l(14)(C). Hence, beginning on March 3, 2007, members of this 
class of employees, defined as reported in this notice, became members 
of the Special Exposure Cohort.

FOR FURTHER INFORMATION CONTACT: Larry Elliott, Director, Office of 
Compensation Analysis and Support, National Institute for Occupational 
Safety and Health (NIOSH), 4676 Columbia Parkway, MS C-46, Cincinnati, 
OH 45226, Telephone 513-533-6800 (this is not a toll-free number). 
Information requests can also be submitted by e-mail to <a href="/cdn-cgi/l/email-protection#bff0fcfeecfffcfbfc91f8f0e9"><span class="__cf_email__" data-cfemail="bdf2fefceefdfef9fe93faf2eb">[email protected]</span></a>.

    Dated: March 12, 2007.
John Howard,
Director, National Institute for Occupational Safety and Health.
[FR Doc. 07-1273 Filed 3-15-07; 8:45 am]
BILLING CODE 4163-19-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
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 Pacific Sands, Inc (the “Company”) on
Form 10-Q for the quarter ended September 30, 2009 as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), Michael D. Michie, as
Chief Financial Officer of the Company, 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
Report fully complies with the requirements of section 13 (a) or 15 (d), as
applicable 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:
      November 16, 2009
            /s/ Michael D.
      MichieMichael
      D. MichieChief
      Financial Officer(principal
      accounting officer)








A signed
original of this written statement required by Section 906 has been provided to
Pacific Sands, Inc. and will be retained by Pacific Sands, Inc and furnished to
the Securities and Exchange Commission or its staff upon request.
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 Annual Report of
SRKP 14, Inc. (the "Company") on Form 10-K for the fiscal year ended December
31, 2008 as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Anthony C. Pintsopoulos, certify, pursuant to 18 U.S.C. ss.
1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that to
my 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.





/s/
      Anthony C. PintsopoulosAnthony
      C. Pintsopoulos
                  Principal
      Financial Officer
                  February
      18, 2009
§ 286.15 Who is eligible to operate a Tribal TANF program? ( a ) An Indian tribe that meets the definition of Indian tribe given in § 286.5 is eligible to apply to operate a Tribal Family Assistance Program.
( b ) In addition, an intertribal consortium of eligible Indian tribes may develop and submit a single TFAP.
#### § 84.79 Telephone emergency services.

Telephone emergency services, including 911 services, shall provide direct access to individuals who use TTYs and computer modems.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                          10,461
<SECURITIES>                                     5,369
<RECEIVABLES>                                    4,965
<ALLOWANCES>                                       350
<INVENTORY>                                      1,392
<CURRENT-ASSETS>                                21,978
<PP&E>                                           3,879
<DEPRECIATION>                                   2,223
<TOTAL-ASSETS>                                  24,223
<CURRENT-LIABILITIES>                            2,729
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        37,492
<OTHER-SE>                                    (16,029)
<TOTAL-LIABILITY-AND-EQUITY>                    24,223
<SALES>                                         20,859
<TOTAL-REVENUES>                                20,859
<CGS>                                            9,561
<TOTAL-COSTS>                                    9,561
<OTHER-EXPENSES>                                13,570
<LOSS-PROVISION>                                    80
<INTEREST-EXPENSE>                                 890
<INCOME-PRETAX>                                (1,463)
<INCOME-TAX>                                        25
<INCOME-CONTINUING>                            (1,488)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,488)
<EPS-PRIMARY>                                    (.18)
<EPS-DILUTED>                                    (.18)
        

</TABLE>
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 08-918 

________________________________________________________________________ 

CONSERVATION 

Tropical Forests 

 Agreement between the 

UNITED STATES OF AMERICA 

and PERU 

Signed at Washington September 18, 2008 

with 

Annex 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
PERU 

Conservation: Tropical Forests 

Agreement signed at Washington September 18, 2008; 

 Entered into force September 18, 2008. 

 With annex.
Exhibit 23a



               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS



                  We  consent  to  the   incorporation   by   reference  in  the
Registration Statements (Form S-3 No. 333-33141, Form S-4 No. 333-06443 and Form
S-8 No. 333-53701),  pertaining to (a) Superior Services, Inc.'s registration of
5,000,000  shares of its  common  stock and  common  stock  purchase  rights (b)
Superior Services,  Inc.'s  registration of 5,000,000 shares of its common stock
and common stock purchase rights and (c) the Superior Services, Inc. 1996 Equity
Incentive Plan,  1993 Incentive  Stock Option Plan and various other  individual
Employment,  Stock  Option and Stock  Purchase  Agreements,  of our report dated
February 5, 1999,  with respect to the  consolidated  financial  statements  and
schedule of Superior  Services,  Inc.  included in the Annual Report (Form 10-K)
for the year ended December 31, 1998.



                                                              ERNST & YOUNG



Milwaukee, Wisconsin
March 24, 1999
§ 689.2 General policies and responsibilities. ( a ) NSF will take appropriate action against individuals or institutions upon a finding that research misconduct has occurred. Possible actions are described in § 689.3. NSF may also take interim action during an investigation, as described in § 689.8.
( b ) NSF will find research misconduct only after careful inquiry and investigation by an awardee institution, by another Federal agency, or by NSF. An “inquiry” consists of preliminary information-gathering and preliminary fact-finding to determine whether an allegation or apparent instance of research misconduct has substance and if an investigation is warranted. An investigation must be undertaken if the inquiry determines the allegation or apparent instance of research misconduct has substance. An “investigation” is a formal development, examination and evaluation of a factual record to determine whether research misconduct has taken place, to assess its extent and consequences, and to evaluate appropriate action.
( c ) A finding of research misconduct requires that— ( 1 ) There be a significant departure from accepted practices of the relevant research community; and
( 2 ) The research misconduct be committed intentionally, or knowingly, or recklessly; and
( 3 ) The allegation be proven by a preponderance of evidence.
( d ) Before NSF makes any final finding of research misconduct or takes any final action on such a finding, NSF will normally afford the accused individual or institution notice, a chance to provide comments and rebuttal, and a chance to appeal. In structuring procedures in individual cases, NSF may take into account procedures already followed by other entities investigating or adjudicating the same allegation of research misconduct.
( e ) Debarment or suspension for research misconduct will be imposed only after further procedures described in applicable debarment and suspension regulations, as described in §§ 689.8 and 689.9, respectively. Severe research misconduct, as established under the regulations in this part, is an independent cause for debarment or suspension under the procedures established by the debarment and suspension regulations.
( f ) The Office of Inspector General (OIG) oversees investigations of research misconduct and conducts any NSF inquiries and investigations into suspected or alleged research misconduct.
( g ) The Deputy Director adjudicates research misconduct proceedings and the Director decides appeals.
( h ) Investigative and adjudicative research misconduct records maintained by the agency are exempt from public disclosure under the Freedom of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C. 552a) to the extent permitted by law and regulation.
# Senate Floor Activity - Friday, February 21, 2014

**

----

## Adjournment

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### Floor Activity Summaries 

View previous floor activity files.Stream live Senate floor proceedings while a meeting is in progress.View past floor proceedings on CSPAN

### Additional Information 

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#### Frederick S. Heal, Respondent, *v.*Richmond County Savings Bank, Appellant.

*Seal*v. *Bichmond County Savings Bank,*127 App. Div. 428, affirmed.

(Argued October 15, 1909;

decided October 29, 1909.)

Appeal from an order of tlie Appellate Division of the Supreme Court in the second judicial department, entered June 29, 1908, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term and granting a new trial in an action to procure the cancellation of a bond and mortgage.

*Mo-rtimer 8. Brown*and *Melvin L, Decker*for appellant.

*William D. Gaillarcl*for respondent.

Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Oh. J., Edward T. Bartlett, Haight, Vann, Willard Bartlett, Hiscook and Chase, JJ.
EXHIBIT 31.1

               CERTIFICATION PURSUANT TO RULE 13A-14(D)/15D-14(D)
                    UNDER THE SECURITIES EXCHANGE ACT OF 1934

I, Anthony N. Renzi, certify that:

1. I have  reviewed  this  report  on Form  10-K and all  reports  on Form  10-D
   required to be filed in respect of the period  covered by this report on Form
   10-K of RASC Series 2006-KS7 Trust (the "Exchange Act periodic reports");

2. Based on my knowledge,  the Exchange Act periodic reports,  taken as a whole,
   do 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,  all  of  the  distribution,  servicing  and  other
   information required to be provided under Form 10-D for the period covered by
   this report is included in the Exchange Act periodic reports;

4. I am responsible for reviewing the activities  performed by the servicers and
   based on my knowledge and the compliance  reviews  conducted in preparing the
   servicer  compliance  statements  required in this report  under Item 1123 of
   Regulation AB, and except as disclosed in the Exchange Act periodic  reports,
   the servicers have fulfilled their obligations under the servicing agreements
   in all material respects; and

5. All of the reports on assessment of compliance  with  servicing  criteria for
   asset-backed  securities and their related  attestation reports on assessment
   of compliance with servicing criteria for asset-backed securities required to
   be included in this report in accordance  with Item 1122 of Regulation AB and
   Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this
   report,  except as otherwise disclosed in this report. Any material instances
   of noncompliance described in such reports have been disclosed in this report
   on Form 10-K.

In giving the  certifications  above,  I have  reasonably  relied on information
provided  to me by  the  following  unaffiliated  parties:  U.S.  Bank  National
Association.


Date:  March 26, 2007

By:    /s/ Anthony N. Renzi
       Name: Anthony N. Renzi
       Title: Managing Director