alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES, Appellee v EDWARD V. HEVNER, Private First Class, U. S. Marine Corps, Appellant

20 USCMA 80, 42 CMR 272

No. 23,077

August 28, 1970

*Captain John N. Stafford,*USMCR, was on the pleadings for Appellant, Accused.

*Lieutenant Colonel Charles J. Keever,*USMC, was on the pleadings for Appellee, United States.

Opinion of the Court

PER CURIAM:

The appellant was tried at Camp Courtney, Okinawa, by a special court-martial convened by the Commanding Officer, Transient Company, Transient Facility, Marine Corps Base, Camp Smedley D. Butler, Fleet Post Office, Seattle, Washington. According to the appointing order, the commanding officer’s authority to convene the court was based on section 0103b, Manual of the Judge Advocate General, Department of the Navy. Appellant contends and the Government concedes that in light of this Court’s opinion in United States v Greenwell, 19 USCMA 460, 42 CMR 62 (1970), the proceedings were a nullity.

We agree. Here, as in *Greenwell,*a general officer, acting in accordance with the provisions of section 0103b (5) of the JAG Manual, supra, purported to designate the Transient Company as a separate and detached command and to invest in the commander thereof special court-martial authority. This he cannot do as that power was given exclusively to the appropriate service Secretary by the Congress (Article 23(a)(7), Uniform Code of Military Justice, 10 USC § 823), and is not delegable. As we said in United States v Greenwell, supra, at page 464:

> “. . . To the extent that section 0103b (5), JAG Manual, supra, purports to grant this authority to a flag or general officer, it is contrary to the law and of no legal effect. Courts-martial convened under that authority are a nullity. United States v Ortiz, . . . [15 USCMA 505, 36 CMR 3 (1965), rehearing denied, 16 USCMA 127, 36 CMR 283 (1966)].”

The decision of the United States Navy Court of Military Review is reversed. The record of trial is returned to the Judge Advocate General of the Navy. A new trial may be ordered before a properly appointed court-martial.
**Exhibit 31.1**

**CERTIFICATIONS**

I, Timothy G. Healy,certify that:

1. I have reviewed thisquarterly report on Form 10-Q of EnerNOC, Inc.;

2. Based on my knowledge,this report does not contain any untrue statement of a material fact or omit tostate a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this report;

3. Based on my knowledge,the financial statements, and other financial information included in thisreport, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of, and for, theperiods presented in this report;

4. The registrant’s othercertifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and have:

a) Designed suchdisclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

b) Reserved;

c) Evaluated theeffectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

d) Disclosed in thisreport any change in the registrant’s internal control over financial reportingthat occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

5. The registrant’s othercertifying officer and I have disclosed, based on our most recent evaluation ofinternal control over financial reporting, to the registrant’s auditors and theaudit committee of registrant’s board of directors (or persons performing theequivalent functions):

a) All significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and reportfinancial information; and

b) Any fraud, whether ornot material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.

Date: August 10, 2007
|        | By:    | /s/ Timothy  G. Healy     |   |
|--------|--------|--------------------------------|--------|
|   |   | Timothy G. Healy               |
|   |   | Chief Executive  Officer       |
|   |   | (principal  executive officer) |

 

----
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Stephen J. Markman

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

Joan L. Larsen,

Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

September 21, 2016

p0914 

# Order

Clerk September 21, 2016

153223

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 153223

COA: 329826

Kent CC: 15

- 001353

- FH

KEVIN PATRICK CAGE,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the December 30, 2015

order of the Court of Appeals is consid ered, and it is DENIED, because we are not

persuaded that the question presented should be reviewed by this Court.
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.                  

###### Department of Commerce

###### International Trade Administration

          - A-570-908

# AGENCY:

Import Administration, International Trade Administration, Department of Commerce.

# EFFECTIVE DATE:

March 13, 2007.

# FOR FURTHER INFORMATION CONTACT:

Erin C. Begnal or Christopher D. Riker, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-1442 or (202) 482-3441, respectively.

## CORRECTION:

                    On March 6, 2007, the Department of Commerce (“Department”) published the notice of initiation of the antidumping duty investigation of sodium hexametaphosphate from the People's Republic of China.                     *See Initiation of Antidumping Duty Investigation: Sodium Hexametaphosphate from the People's Republic of China*, 72 FR 9926 (March 6, 2007) (“Initiation Notice”). Subsequent to the signature of the Initiation Notice, we identified an inadvertent error in the above-referenced notice.                

Specifically, the case number listed in the Initiation Notice was incorrect. It should read A-570-908.

## Conclusion

                    This notice serves solely to correct the case number as it was listed in the                     *Initiation Notice*. The Department's findings in the                     *Initiation Notice*                     remain unchanged. This notice is issued and published in accordance with section 777(i) of the Tariff Act of 1930, as amended.                

Dated: March 6, 2007.

Stephen J. Claeys,

Deputy Assistant Secretary for Import Administration.

[FR Doc. E7-4501 Filed 3-12-07; 8:45 am]

BILLING CODE 3510-DS-S
Exhibit



Exhibit 10.1









AMENDED AND RESTATED


SPRAGUE RESOURCES GP LLC


DIRECTOR COMPENSATION SUMMARY
Effective September 29, 2016






Unless otherwise determined by the board of directors (the “Board”) of Sprague Resources GP LLC (the “General Partner”), officers, employees or paid consultants and advisors of the General Partner or its affiliates (including Axel Johnson Inc. and its affiliates) who also serve as members of the Board will not receive additional compensation for their service as members of the Board. All members of the Board not included in the preceding sentence shall be referred to as the “non-employee directors”. Each non-employee director will receive an annual retainer of $60,000, paid in quarterly installments. Each non-employee director will also receive an annual award, granted within five business days of October 15 of each year, of the number of fully vested common units representing limited partner interests (“Common Units”) in Sprague Resources LP (the “Partnership”) having a grant date fair value of approximately $60,000, subject to the terms and vesting schedules set forth in the applicable grant documents. Further, each non-employee director serving as a chairman or a member of a committee of the Board will receive an annual retainer of $10,000 or $5,000, respectively, paid in quarterly installments. Annual cash retainers and grants of Common Units will be pro-rated for directors who join the Board mid-year. All directors will receive reimbursement for out-of-pocket expenses associated with attending meetings of the Board or committees of the Board. Each director will receive liability insurance coverage and be fully indemnified by the Partnership for actions associated with being a director to the fullest extent permitted under Delaware law.
**Exhibit 32.01**

 

**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 Essential Innovations Technology Corp. (the “Company”) on Form 10-QSB for the quarter ended January 31, 2007, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Jason McDiarmid, Chief Executive Officer of the Company, 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 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 result of operations of the Company. |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------|

 

/s/ Jason McDiarmid

Jason McDiarmid

Chief Executive Officer

April 24, 2007

 

A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
June 15, 1965

Reap. Dec. 11028.

#### Heidl’s, Inc. *v.*United States,

Reappraisements dismissed May 25, 1965.

EEHEAEING MOTION GEANTED

Motion by plaintiff.
### U.S. Refinery and Blender Net ProductionRelease Date:3/15/2013

http://www.eia.gov/dnav/pet/pet_pnp_refp_dc_nus_mbbl_a.htm

Back to Contents

### Data 1: U.S. Refinery and Blender Net Production

Sourcekey MGFRPUS1 MGRRPUS1MG1RP_NUS_1M_EPM0RO_YPR_NUS _MBBL MG4RP_NUS_1MG5RP_NUS_1M_EPM0CAL55_YPR_N US_MBBL M_EPM0CAG55_YPR_ NUS_MBBL MG6RP_NUS_1

Date U.S. Refinery and Blender Net Production of Finished Motor Gasoline (Thousand Barrels) U.S. Refinery and Blender Net Production of Reformulated Motor Gasoline (Thousand Barrels) U.S. Refinery and Blender Net Production of Reformulated Motor Gasoline with Fuel ALcohol (Thousand Barrels) U.S. Refinery and Blender Production of Other Reformulated Motor Gasoline (Thousand Barrels) U.S. Refinery and Blender Net Production of Conventional Motor Gasoline (Thousand Barrels) U.S. Refinery and Blender Net Production of Conventional Motor Gasoline with Fuel Ethanol (Thousand Barrels) U.S. Refinery and Blender Production of Motor Gasoline, Finished, Conventional, Ed55 and Lower (Thousand Barrels)U.S. Refinery and Blender Production of Motor Gasoline, Finished, Conventional, Greater Than Ed55 (Thousand Barrels)U.S. Refinery and Blender Net Production of Other Conventional Motor Gasoline (Thousand Barrels) 2000 2910056 939493 1970563 2001 2928050 947745 1980305 2002 2986747 981978 2004769 2003 2990949 990851 2000098 2004 3025128 1040822 1984306 2005 3035889 1057896 648648 1977993 350716 1627277 2006 3052754 1068929 960489 1983825 371611 1612214 2007 3050614 1073665 1063598 1976949 464069 1512880 2008 3128673 1099958 1092304 7654 2028715 950368 1078347 2009 3206726 1106532 1099355 7177 2100194 1417783 682411 2010 3306400 1114738 1101847 12891 2191662 1747270 1746660 610 444392 2011 3306028 1103794 1100673 3121 2202234 1860309 1859391 918 341925 2012 3249605 1093640 1090628 3012 2155965 1920293 1919402 891 235672
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 m-Wise, Inc. ("the Company") on Form
10-Q for the period ended June 30, 2010, as filed with the Securities and
Exchange Commission on the date hereof ("the Report"), I, Gabriel Kabazo, Chief
Financial Officer, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my
knowledge:





(1)  the Report fully
comply 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/ Gabriel KabazoGabriel
      Kabazo, Chief Financial
Officer





Dated:
August 13, 2010
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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

SCOTT JOHNSON, No. CIV.S-04-2260 MCE DAD 

Plaintiff,

v. ORDER

RONALD J. WROTEN, SR. TRUST,

et al.,

Defendants.

 _____________________________/

This matter is before the court on plaintiff’s motion to

compel answers to interrogatories, which the court hereby submits for

decision upon the record and the papers on file without oral argument

pursuant to Local Rule 78-230(h). Having considered all written

materials submitted in connection with the motion, and it being

apparent that defendant Anthony Virgadamo has failed to respond to

plaintiff’s interrogatories, IT IS HEREBY ORDERED that:

1. Plaintiff’s motion to compel is granted;

2. Defendant shall serve complete interrogatory answers

without objection within ten (10) days of the date of this order; and

Case 2:04-cv-02260-MCE -DAD Document 11 Filed 08/04/05 Page 1 of 2
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3. The August 5, 2005, hearing on plaintiff’s motion to

compel is vacated.

DATED: August 4, 2005.

DAD:th

ddad1\orders.civil\johnson2260.motiontocompel

Case 2:04-cv-02260-MCE -DAD Document 11 Filed 08/04/05 Page 2 of 2
October 29, 1951

No. 55971.

Suit 4689.

#### United States *v.*Walter Strassburger & Co., Inc., et al.

C. D. 1326. (Appeal dismissed October 4, 1951.)
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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

TONY MARQUET CAMPBELL, No. CIV S-04-1709-MCE-CMK

Plaintiff, 

vs. ORDER TO SHOW CAUSE

G. WOODFORD,

Defendant.

 /

Plaintiff, a state prisoner proceeding pro se and in forma pauperis, brings this civil

rights action pursuant to 42 U.S.C. § 1983. On March 23, 2005, the court dismissed plaintiff’s

complaint and directed plaintiff to file an amended complaint within 30 days. To date, plaintiff

has failed to comply.

///

///

///

///

///

///

Case 2:04-cv-01709-MCE -CMK Document 6 Filed 09/22/05 Page 1 of 2
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Accordingly, IT IS HEREBY ORDERED that plaintiff shall show cause in

writing, within 20 days of the date of service of this order, why this action should not be

dismissed for lack of prosecution and failure to comply with rules and court order. See Local

Rule 11-110. 

DATED: September 21, 2005.

______________________________________

CRAIG M. KELLISON

UNITED STATES MAGISTRATE JUDGE

Case 2:04-cv-01709-MCE -CMK Document 6 Filed 09/22/05 Page 2 of 2
No. 41799.

#### Protest 942171-G of V. Gurge (New York).

*326Opinion by

Brown, J.

Counsel agreed that the-merchandise is not a synthetic tanning material but a mixture consisting in part of one of the products, naphthalene, provided for in paragraph 27 (a) (1). The claim at 7 cents per pound and 40 percent ad valorem was therefore sustained.
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 Nexicon, Inc. (the "Company")
on Form 10-QSB for the period ended September 30, 2005 as filed with the United
States Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, in the capacities and on the dates indicated below, hereby
certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, 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, as amended; and

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

Date: January 31, 2006                  NEXICON, INC.


                                        By: /s/ Richard A. Urrea
                                            ------------------------------------
                                            Richard A. Urrea
                                            President, Chief Executive Officer
                                            and Principal Executive Officer

A signed original of this written statement required by Section 906, or other
document authentications, acknowledging, or otherwise adopting the signature
that appears in typed form within the electronic version of this written
statement required by Section 906, has been provided to Nexicon, Inc. and will
be retained by Nexicon, Inc. and furnished to the United States Securities and
Exchange Commission or its Staff upon request.


                                       26
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08/0G/201 0 16:1 2 FAX 202493514 2 FAA •*• DMS 0001/00 1 

^ 

as_ Department ^^^ ^ ^^ ^^-^^Counsel 800 Independence Ave, SW 

of Transportation „, ,. _r i-,r-oncm 

Washington, DC 20591 Federal Aviatron Administration 

August 4, 2010 

/ka^Tiond Vealch 

/-Attorney lor the Agency 

cc: Deanna Weidncr, Esq (by e-mail only) 

~C3 

• 1 

Vicki Leennon, Esq. .. • 

Manager, Adjudication Branch, AGC-430 

Orville Wright Bldg. (fOBlOA) o: ii; 

FAA National Headquarters ^ 

800 Independence Ave., SW c5 

Washington, DC 20591 

RE: Request for second extension of time to file Appeal Brief, In the matter of 

Darby Aviation, Inc., FAA Docket number CP08SO0026, DMS 2008-1192 

Dear Ms. Leemon: 

On July 23, 2010, The Agency requested an extension of time to file a brief perfecting the 

Agency appeal of Judge Bcnkin's ord.er on June 3, 2010. In an Order served July 23, 2010, 

the Decisionmaker, through his delegated authority, extended the time for filing the brief 

until August 6, 2010. 

On August 3, 2010, the parties met in mediation of a case similar to this now pending before 

the ] 1 Circuit. During the course of the discussions it became apparent that settlement of 

all the cases associated with Darby Aviation, Inc., including this one, is a realistic 

possibility. In that regard the mediator indicated that the 11* Circuit would extend the time 

for Respondent's brief in that case ajid asked that the parties also submit a request for an 

extension in our present case here. The Respondent's Attomcy, Deanna Weidner, said 

specifically that she would join in this request to a second extension of lime for submitting a 

brief in perfecting the appeal. Therefore, I am respectfully requesting that through yoLir 

delegation you provide the consent of the FAA decisionmaker and permit the docket clerk to 

serve a letter confirming the second extension of time for the Agency Appeal Brief on each 

party until September 6, 2010. 

If you have any further questions, please do not hesitate to contact me at (202) 267-9676. 

Sincerely, ^ ^^^^^ ,,,•.•.,.s. .