alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Mudge, Rose, Guthrie, Alexander & Ferdon, Appellant-Respondent, v Penguin Air Conditioning Corp., Respondent-Appellant. (And a Third-Party Action.)

[633 NYS2d 493]

—Order, Supreme Court, New York County (Harold Tompkins, J.), entered October 19, 1994, which granted defendant’s motion for summary judgment dismissing the amended complaint and which denied as moot third-party defendant’s motion for summary judgment, unanimously affirmed, without costs. Cross-appeal taken by defendant-respondent-appellant is unanimously dismissed as taken by a party not aggrieved by the order (CPLR 5511), without costs. The Clerk is directed to enter judgment in favor of the defendant dismissing the amended complaint.

The IAS Court properly concluded that plaintiff’s action is time-barred since it was commenced more than six years after the alleged improper installation of an air conditioning system and related piping *(Cabrini Med. Ctr. v Desina,*64 NY2d 1059, 1061) . That defendant returned to the premises to perform repair work and inspections is not a basis for extending the Statute of Limitations as the complaint is limited to claims of negligent installation. Nor do these facts demonstrate a continuing professional relationship between plaintiff and defendant as would toll the Statute of Limitations *(supra,*at 1062) .

Although we dismiss defendant and third-party plaintiff’s cross appeal, we find that the arguments raised therein would provide a further ground for affirmance. Dismissal of the amended complaint is also warranted because of plaintiff’s negligent loss of a key piece of evidence which defendants never had an opportunity to examine *(see, Interested Underwriters at Lloyd’s v Rheem Mfg. Co.,*NYLJ, May 12, 1994, at 28, col 4).

Plaintiff’s motion for an order pursuant to 22 NYCRR 600.11 (d) compelling defendant to share half the expense of the record on appeal is granted. Concur—Rosenberger, J. P., Ellerin, Rubin, Asch and Nardelli, JJ.
No. 53632.

protests 37413-K, etc. (Ogdensburg).

#### F. W. Myers & Co., Inc. *v.*United States,

Opinion by

Ekwall, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
No. 42951.

#### Protest 844356-G of N. Y. Merchandise Co., Inc. (New York).

Opinion by

Tilson, J.

From the record it was found that the merchandise consists of tennis rackets similar to those the subject of *May*v. *United States*(T. D. 47760) and *Woolworth*v. *United States*(T. D. 48573). The claim at 30 percent under paragraph 1502 was therefore sustained.
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

January 30, 2008 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 

Elizabeth A. Weaver 134358 

Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman, JAMES MARTIN and LUCIA MARTIN, Justices 

Plaintiffs-Appellants, 

v SC: 134358 

 COA: 273528 
 Kent CC: 04-008611-NI 

SMG, 

Defendant/Cross-Defendant/ 

Third-Party Plaintiff-Appellee, 

and 

GRAND RAPIDS-KENT COUNTY 

CONVENTION AREA AUTHORITY,

Defendant/Cross-Plaintiff/

Third-Party Plaintiff-Appellee, 

and 

GRAND RAPIDS BALLET COMPANY,

d/b/a GRAND RAPIDS BALLET, 

Third-Party Defendant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the May 24, 2007 

judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in 

lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals, for 

the reasons stated in the Court of Appeals dissenting opinion, and we REMAND this case 

to the Kent Circuit Court for further proceedings not inconsistent with this order. 

We do not retain jurisdiction. 

d0123 

I, Corbin R. Davis, 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. 

January 30, 2008 

 Clerk
No. 52695.

protest 140579-K (New York).

#### The Magnavox Co. *v.*United States,

*246Opinion by

Olives, C. J.

It was stipulated that the merchandise consists of record changer units similar in all material respects to those the subject of *Garrard Sales Corp.*v. *United States*(35 C. C. P. A. 39, C. A. D. 369). In accordance therewith the claim of the plaintiff was sustained.
#### Clinton Smullyan Associates *v.*United States

No. 7483.

Entry No. 745965.

Invoice dated Leicester, England, February 19, 1942.

Certified February 25, 1942.

Entered at New York, N. Y., April 7, 1942.

(Decided December 18, 1947)

*Jordan & Klingaman*for the plaintiff.

*Paul P. Bao,*Assistant Attorney General, for the defendant.

Cole, Judge (Abstract):

This appeal for reappraisement of various items of merchandise concerns the so-called British purchase tax, described in the law of the United Kingdom entitled, “Finance (No. 2) Act 1940 3 & 4 Geo. 6 Ch. 48.” The said tax was held not to be an item to be included in foreign value as defined in section 402 (cl of the Tariff Act of 1930 as amended by the Customs Administrative Act of 1938 (19 U. S. C. § 1402 (c)). *United States*v. *Wm. S. Pitcairn Corp.,*33 C. C. P. A. 183, C. A. D. 334.

The cited case has been incorporated herein by consent of the parties who further agree on a set of facts, embodied in a written stipulation submitting the present case, showing export value, section 402 (d) of the Tariff Act of 1930 (19 U. S. C. § 1402 (d)), to be the proper basis for appraisement of the instant merchandise, and that such statutory values are the appraised values of the articles in question, less additions made by the importer on entry because of advances in similar cases.
The 20 Tanks at Red hill fall under DLA’s Centrally Managed Program for tanks, or Tank CMP. DLA’s goal 

with the Tank CMP is to conduct internal inspections of all DLA capitalized fuel storage tanks on a 10 

year cycle. There are approximately 650 bulk fuel storage tanks and an additional 500 smaller tanks in 

the Navy inventory covered by the tank CMP. The inspections are to be conducted in accordance with 

the principles of API 653 to the extent that it is applicable. The first Red Hill tanks inspected and 

repaired under the CMP were tanks 2 and 20, which entered the repair process in 2008 and were 

returned to service in 2011. 

Given the availability of space, the limitations of access and electrical power and other utilities it is not 

currently feasible to keep all 20 Red Hill tanks on a 10 year cycle as desired by DLA. API stipulates that 

the inspector of record sets the inspection interval with a maximum of 20 years. Based on current 

timelines, EXWC currently has tanks 5 and 17 under a task order contract and Tanks 4 and 14 under a 

separate task order contract. EXWC is in the early stages of acquisition and project development for 

cleaning, inspecting, and repairing tank 18.
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C.§1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of The Frontier Fund on Form 10-Q for the period ended March 31, 2006 as filed with the Securities and Exchange Commission
on the date hereof (the Report), I, Richard E. Bornhoft, President and Chief Executive Officer of Equinox Fund Management, LLC, the managing owner of The Frontier Fund, certify, pursuant to 18 U.S.C.§1350, as adopted pursuant
to Section 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 Frontier Fund.



/s/ Richard E. BornhoftRichard E. BornhoftPresident and Chief Executive Officer of Equinox Fund Management, LLC, the Managing Owner of The Frontier FundMay 15, 2006


A signed original of this written statement required by Section 906, or any other document
authenticating, 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 The Frontier Fund and will be retained by The
Frontier Fund and furnished to the Securities and Exchange Commission or its staff upon request.
<PAGE>

                                                                    Exhibit 99.1
                [GREENPOINT MORTGAGE FUNDING, INC. LETTERHEAD]

                                March 31, 2000

Bank One, National Association
1 Bank One Plaza
Suite IL1-0126
Chicago, IL 60670-0126

Ambac Assurance Structured Finance
One State Street Plaza
New York, NY 10022-4834
Attn: Managing Director

Moody's Residential Loan Monitoring Group
4th Floor, 99 Church Street
New York, NY 10007

Standard & Poor's
55 Water Street
New York, NY 10041

          RE:  Headlands Home Equity Loan Trust (Series 1999-1);
               Annual Statement as to Compliance by the Master Servicer
               --------------------------------------------------------

Ladies and Gentlemen:

     Pursuant to Section 3.09 of the Sale and Servicing Agreement and Section
5(f) of the Underwriting Agreement with respect to the above-referenced
offering, the undersigned officer of GreenPoint Mortgage Funding, Inc. (as
"Master Servicer") hereby certifies as to the following:

     1.   a review of the activities of the Servicer and its performance under
          the Sale and Servicing Agreement during the preceding fiscal year
          since the inception of the trust has been made under the direct
          supervision of the undersigned officer; and

     2.   to the best knowledge of the undersigned officer, based on such
          review, the Master Servicer has fulfilled all of its material
          obligations under the Sale and Servicing Agreement throughout the
          applicable period, and there has been no known default in the
          fulfillment of the Master Servicer's material obligations throughout
          such period.

                          [Signature Page to Follow]
<PAGE>

Bank One, National Association
Ambac Assurance Structured Finance
Moody's Residential Loan Monitoring Group
Standard & Poor's
March 31, 2000
Page 2





                                            Very truly yours

                                            GREENPOINT MORTGAGE
                                            FUNDING, INC.,
                                            as Master Servicer



                                            /s/ Kristen Decker
                                            ----------------------------
                                            Kristen Decker
                                            Vice President
```

[Federal Register Volume 78, Number 230 (Friday, November 29, 2013)]
[Notices]
[Pages 71562-71563]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28639]

=======================================================================
-----------------------------------------------------------------------

CIVIL RIGHTS COMMISSION

Agenda and Notice of Public Meeting of the New York Advisory 
Committee

    Notice is hereby given, pursuant to the provisions of the rules and 
regulations of the U.S. Commission on Civil Rights (Commission), and 
the Federal Advisory Committee Act (FACA), that a planning meeting of 
the New York Advisory Committee to the Commission will convene at 12 
p.m. (EST) on December 12, 2013. The purpose of the meeting is project 
planning to discuss the scope of the Advisory Committee's project on 
disparate treatment of youth in the New York correctional system.
    These meetings will be conducted via conference call. Members of 
the public, including persons with hearing impairments, who wish to 
listen to the conference call should contact the Eastern Regional 
Office (ERO), ten days in advance of the scheduled meeting, so that a 
sufficient number of lines may be reserved. You may contact the Eastern 
Regional Office by phone at 202-376-7533--persons with hearing 
impairments would first call the Federal Relay Service at 1-800-977-
8339 and give them the ERO number 202-376-7533--or by email at 
ero@usccr.gov. Those contacting ERO will be given instructions on how 
to listen to the conference call.
    Members of the public who call-in can expect to incur charges for 
calls they initiate over wireless lines, and the Commission will not 
refund any incurred charges. Callers will incur no charge for calls 
they initiate over land-line connections to the toll-free telephone 
number.
    Members of the public are entitled to submit written comments. The 
comments must be received in the regional office by January 14, 2014. 
Comments may be mailed to the Eastern Regional Office, U.S. Commission 
on Civil Rights, 1331 Pennsylvania Avenue, Suite 1150, Washington, DC 
20425, faxed to (202) 376-7548, or emailed to ero@usccr.gov. Persons 
who desire additional information may contact the Eastern Regional 
Office at 202-376-7533.
    Records generated from this meeting may be inspected and reproduced 
at the Eastern Regional Office, as they become available, both before 
and after the meeting. Persons interested in the work of this advisory 
committee are advised to go to the Commission's Web site, 
www.usccr.gov, or to contact the Eastern Regional Office at the above 
phone number, email or street address.

[[Page 71563]]

    The meetings will be conducted pursuant to the provisions of the 
rules and regulations of the Commission and FACA.

David Mussatt,
Acting Chief, Regional Programs Coordination Unit.
[FR Doc. 2013-28639 Filed 11-27-13; 8:45 am]
BILLING CODE 6335-01-P
```
02/23/2010 13:27 FAX 2024935142 FAA + DMS 0001/00 1 

IJAW OPFK'F'^ S O F J. DA U W.EK BYF.T^S 

A IVofessional Associiiliwn 

OhPIOFTH'fiSFO! 

J. Darren Byers {''''.K'-T^ 

j(JbyLTs(aiidbyers.ct)m 

105 West I'ourtli Streci 

•Snixe 400, O'Hanlon Duildinji 

WiiiSlon-Salem, North Carolina 27101 

Telephone: 336 727-1070 

I'acsimilo: 336-727-10K5 

WNvw.jdbycrs.CO/11 

January 26,2010 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

ATTEMTION: Hearing Docket Clerk, AGC-430 

^Wllbcr WrigfitBuiiaing, Suite 2W1000 

ECEJVED 

FEB - 1 aw 

HEARING DOCKET 

RE: Michael Jacob 

AGL-7K 

2009-GL-27-0021 

fg (L^m/L mz /sic'io - DO ^ 3 

Dear Sirs; 

Please be advised that I represent Mr. Michael Jacob with regard to the above 

matter. This letter is a request for a formal hearing in (his matter. I would appreciate you 

contacting my office at the above address and telephone number to schedule the hearing. 

Thank you in advance for your cooperation in this matter. If there is any 

additional information needed, please notify me immediately. 

Sincerely, 

(Byers 

jDB/jds 

Cc: Chris G. Zurales, Senior Attorney 

Michael Jacob
Exhibit 32.2

Certification of Chief Financial Officer

Pursuant to Section 906 of the Sarbanes-Oxley Act of
2002 (18 U.S.C. 1350)

In connection with the Annual Report on Form 10-K for the year ended December 31, 2008, (the
Report) of UTEK Corporation (the Registrant), as filed with the Securities and Exchange Commission on the date hereof, I, Carole R. Wright, the Chief Financial Officer of the Registrant, hereby certify, to the best of my
knowledge, that:

(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 operations of the Registrant.



/s/    CAROLE R.
WRIGHTName:

Carole R. WrightDate:

March 2, 2009
No. 44112

#### Protest 811791-G/10630 of A. M. & J. Solari, Ltd. et al. (New Orleans).

Opinion by

Evans, J.

On the authority of *Lamborn*v. *United States*(27 C. C. P. A. 46, C. A. D. 60) the protest was dismissed.
**Exhibit 23.1**

**Consent of Independent Registered Public Accounting Firm**

The Board of Directors

Beasley Broadcast Group, Inc.: 

We consent to the incorporation by reference in the registration statements (No. 333-115930 and 333-40806) on Form S-8 of Beasley Broadcast Group, Inc. of our reports dated March 6, 2006, with respect to theconsolidated balance sheets of Beasley Broadcast Group, Inc. as of December 31, 2004 and 2005, and the related consolidated statements of operations, comprehensive income, stockholders’ equity, and cash flows for each of the years in thethree-year period ended December 31, 2005, and the related financial statement schedule, management’s assessment of the effectiveness of internal control over financial reporting as of December 31, 2005 and the effectiveness ofinternal control over financial reporting as of December 31, 2005, which reports appear in the December 31, 2005 annual report on Form 10-K of Beasley Broadcast Group, Inc. 

/s/ KPMG LLP 

March 9, 2006 

Tampa, Florida 

Certified Public Accountants
ATTACHMENT HEADER SHEET Attachment Number 006 Attachment Name Attachment 6 LaPbTiZrO Structure Associated PMN Section Number Pt.I, Sec.B, le. (Chem 4)

Does not contain CBI

Report Number CONSi 10317786855351Attachment 6 LaPbTiZrO Structure REPORT# - CONS 110317786855351 Lanthanum PZT Trade names: PLZT; High Coupling PZT; LM-55; LM-21 Lanthanum PZT is processed in 160 kg batches, weighing and batching is 4 hrsfbatch, powder break-up and calcine is 8 hrs/batch (exposure time); final mill and spray dry is 4 lirs/batch. Total process exposure time is 16 hours/batch, maximum 7 batches/year. See process flow chart for detailed process. Lanthanum PZT has an infinite repeating crystal structure of the ABO3 Perovskite structure where A=Pb and La, B= Zr and Ti; Formula is: (Pb. 90 . 9 8 La. 02 -. 10)(Zr..60-..7Ti03 . 40) where 

### the Pb +

### La mole ratio =1.0 

### and the Zr + Ti mole ratio =1.00


## fW

Constituents: Lead Oxide 62- 68 wt% Zirconium dioxide 20-35 wt % Titanium dioxide 1-IOWt% Lanthanum trioxide 2-5 wt%
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8205 Engrossed in House (EH)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
118th CONGRESS
  2d Session
                                H. R. 8205

_______________________________________________________________________

                                 AN ACT

 
To amend title 18, United States Code, to prohibit fraud in connection 
                           with posting bail.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Keeping Violent Offenders Off Our 
Streets Act''.

SEC. 2. FRAUD IN CONNECTION WITH POSTING BAIL.

    Section 1033(f)(1)(A) of title 18, United States Code, is amended 
by inserting before the comma the following: ``(including the posting 
of monetary bail, criminal bail bonds, and Federal immigration bail 
bonds)''.

            Passed the House of Representatives September 25, 2024.

            Attest:

                                                                 Clerk.
118th CONGRESS

  2d Session

                               H. R. 8205

_______________________________________________________________________

                                 AN ACT

To amend title 18, United States Code, to prohibit fraud in connection 
                           with posting bail.
```
**EXHIBIT 10.2.1**

 

**FIRST AMENDMENT TO EMPLOYMENT AGREEMENT**

 

This First Amendment to Employment Agreement is made this 29th day of March 2004, by Highland Hospitality, L.P., a Delawarelimited partnership (the “Company”), and Highland Hospitality Corporation, a Maryland Corporation (the “REIT”), each with its principal place of business at 8405 Greensboro Drive, Suite 500, McLean, VA 22102 and James L. Francis,residing at 1006 Long Point Road, Grasonville, Maryland 21638 (the “Executive”). 

 

**WHEREAS,** the Company and the REIT entered into that certain Employment Agreement dated October 24, 2003 (the “Employment Agreement”) with the Executive; 

 

**WHEREAS,** the parties have agreed to amend the Employment Agreement toreflect the fact that the REIT is the employing entity regularly paying the compensation to the Executive and the employing entity with primary responsibility for taking action with respect to Executive’s employment under the EmploymentAgreement; and 

 

**WHEREAS,**the parties desire to correct areference in Section 6(d)(vii)(C) of the Employment Agreement. 

 

**NOW THEREFORE,** the parties agree as follows: 

 

1. References in Sections 1, 4, 5 and 6 of the Employment Agreement to actions required or permitted to be taken by the “Company” shall be required or permitted to be taken by the “Company Group”. 

 

2. The word “Company” in Section 6(d)(vii)(C) shall be replacedwith the word “REIT”. 

 

3. Section 11(d) is amended toread as follows: 

 

“(d) Amendment. This Agreementmay be amended or modified only by a written instrument executed by both the REIT and the Executive, which amendment or modification is consented to by the Company.” 

 

4. Section 11(g) is amended to read as follows: 

 

“(g) Waiver. No delays or omission by the Company, the REIT or the Executive in exercising any right under thisAgreement shall operate as a waiver of that or any other right. A waiver or consent by the REIT shall not be effective unless consented to by the Company. A waiver or consent given by the Company Group or the Executive on any one occasion shall beeffective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion.” 

 

-1- 

**IN WITNESS WHEREOF**, the parties have executed this First Amendment to Employment Agreement as ofthe day and year first above written. 

 

HIGHLAND HOSPITALITY, L.P.
By: 
HHC GP Corporation, its general

partner
By: 
/s/    Tracy M. J. Colden
    
Tracy M. J. Colden

Executive VicePresident

JAMES L. FRANCIS

/s/    James L. Francis

HIGHLAND HOSPITALITY CORPORATION
By: 
/s/    Tracy M. J. Colden
    
Tracy M. J. Colden

Executive VicePresident

 

-2-
#### In the Matter of Ricardo A. Di Rose, Appellant, v Thomas A. Coughlin, III, as Commissioner of the Department of Correctional Services, Respondent.

[633 NYS2d 808]

—Appeal from a judgment of the Supreme Court (Canfield, J.), entered August 11,1994 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s grievance.

Petitioner, a prison inmate, commenced the instant CPLR article 78 proceeding seeking the return of certain property that had been confiscated from his cell. Supreme Court dismissed the petition upon the ground of res judicata. In view of the fact that petitioner commenced a previous CPLR article 78 proceeding seeking the same relief, which we found was properly dismissed for untimeliness *(see, Matter of Di Rose v New York State Dept, of Corrections, Inspector General’s Off.,*221 AD2d 736 [decided herewith]), we concur with Supreme Court’s ruling that this proceeding is barred by res judicata. We do, however, agree with petitioner that the award of motion costs to respondent was inappropriate under the circumstances.

Cardona, P. J., Crew III, White, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is modified, on the facts, without costs, by deleting so much thereof as imposed $20 in motion costs upon petitioner, and, as so modified, affirmed.
No. 50147.

#### Protests 91891-K, etc., of Chong Sing & Co. et al. (San Francisco).

Opinion by

Cole, J.

It was conceded that the merchandise consists of ve-tsin the same in all material respects as that passed upon in *Quong Yuen Shing Co.*v. *United States*(31 C. C. P. A. 43, C. A. D. 247), which record was incorporated herein. In accordance therewith the merchandise, Which includes salt as a substantial component part thereof, was excluded from paragraph 5 and held dutiable at 20 percent under paragraph 1558 as claimed.