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# January New Employees

By Dawn SuttonDLA Land and Maritime People and Culture Directorate

                COLUMBUS, Ohio  –              
You may have noticed some new faces around DLA Land and Maritime.  Three new employees, Micah, Michael and Lorie attended the New Employee Orientation Jan. 24 and 25.  The event was capped off with a windshield tour of the base. 

If you see these new faces around, please be sure to welcome them to the organizations.

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DLA L&MNew EmployeeCulture L&M
No. 96-5719.

#### Bergmann *v.*Erdmann.

Ct. App. Ind. Cer-tiorari denied.
#### F. W. Woolworth Co. *v.*United States

No. 8058.

Entered at Los Angeles, Calif]

Entry No. 2844, etc.

*459(Decided October 9, 1951)

*Sharretts, Hillis & Paley (Howard C. Carter*of counsel) for the plaintiff.

*David N. Edelstein,*Assistant Attorney General *(Richard E. FitzGibbon,*special attorney), for the defendant.

JOHNSON, Judge:

The appeals for reappraisement listed in schedule “A,” hereto attached and made a part hereof, have been submitted for decision upon the following stipulation of counsel for the parties hereto:

> IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the plaintiff and the Assistant Attorney General for the United States, that the market value or the price, at the time of exportation to the United States of the earthenware articles covered by the appeals to reappraisement enumerated on schedule “A” hereto attached and made part hereof, at which such or similar merchandise was freely offered for sale to all purchasers in the principal markets of the country from which exported, in the usual wholesale quantity and in the ordinary course of trade, for exportation to the United States, plus the cost of all containers and coverings of whatever nature and all other costs, charges and expenses incident to placing the merchandise in condition, packed, ready for shipment to the United States, was in each instance the appraised value less the amount added to meet advances made by the Appraiser in similar cases and that there is no higher foreign value.

> IT IS FURTHER STIPULATED AND AGREED, that these appeals to reappraisement be submitted on this stipulation.

On the agreed facts I find the export value, as that value is defined in section 402 (d) of the Tariff Act of 1930, to be the proper basis for the determination of the value of the earthenware articles here involved, and that such value was in each instance the appraised value less the amount added to meet advances made by the appraiser in similar cases.

Insofar as the appeals relate to all other merchandise they are hereby dismissed.

Judgment will be entered accordingly.
EXHIBIT 32.1

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER

I, Harry E. Gruber, M.D., President and Chief
Executive Officer of Kintera, Inc. (the Registrant), do hereby certify in accordance with 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, based on my knowledge:

(1) the Quarterly Report on Form 10-Q of the Registrant, to which this certification is attached as an exhibit (the Report), fully complies
with the requirements of Section 13(a) 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 Registrant.



|                                     
|-------------------------------------
|Dated: May 12, 2006                  
|                                     
|/s/ Harry E. Gruber, M.D.            
|Harry E. Gruber, M.D.                
|President and Chief Executive Officer
|(Principal Executive Officer)
#### UNITED STATES, Appellee v WILLIAM B. STEPHENSON, JR., Private First Class, U. S. Marine Corps, Appellant

8 USCMA 657, 25 CMR 161

No. 10,541

Decided January 31, 1958

*Ensign David M. Clinard,*USNR, was on the brief for Appellant, Accused.

*658
      *Lieutenant Colonel Charles H. Beale, Jr.,*USMC, was on the brief for Appellee, United States.

Opinion of the Court

HomeR Ferguson, Judge:

This is another case which comes within our holding in United States v Soccio, 8 USCMA 477, 24 CMR 287. Here, the law officer erred when he instructed the court-martial as follows:

> “. . . you are further advised that if the absence without proper authority is much prolonged and there is no satisfactory explanation of it the court may be justified in inferring an intent to remain absent permanently.”

Accordingly, the finding of guilt of the offense of desertion must be set aside. The record of trial is returned to The Judge Advocate General of the Navy for reference to a board of review. The board, in its discretion, may approve the lesser offense of absence without leave and reassess the sentence or it may order a rehearing on the principal charge.

Chief Judge Quinn concurs.

Judge Latimer dissents.
Exhibit
      13.1




**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 Annual Report of Fundtech Ltd. (the “Company”) on Form 20-F
      for the year ended December 31, 2005 as filed with the Securities and Exchange
      Commission on the date hereof (the “Report”), I, Reuven Ben Menachem, 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 results of operations of the Company.




Date:
              June 30,
              2006/s/
              Reuven Ben MenachemReuven
                Ben Menachem
              Chief
                Executive Officer
              (Principal
                Executive Officer)




A
      signed
      original of this written statement required by Section 906 has been provided
      to
      Fundtech Ltd. and will be retained by Fundtech Ltd. and furnished to the
      Securities and Exchange Commission or its staff upon request.
#### Citizens Utility Board, Appellant, v State of New York, Respondent.

(Claim No. 94811.)

[700 NYS2d 297]

—Yesawich Jr., J.

Appeal from an order of the Court of Claims (McNamara, J.), entered September 18, 1998, which, *inter alia,*granted the State’s motion for summary judgment dismissing the claim.

In January 1991, then-Governor Mario Cuomo issued Executive Order No. 141 (9 NYCRR 4.141) which enabled claimant to represent the interests of residential utility customers, to use State agency mass mailings to apprise citizens of claimant’s existence and to solicit citizen participation and contributions. After Executive Order No. 141 survived a challenge to its constitutionality *(see, Bourquin v Cuomo,*85 NY2d 781), claimant’s printed material was included in various mailings by the Department of Motor Vehicles (hereinafter DMV) and Department of Taxation and Finance (hereinafter DTF).

The suspension of this practice in 1995 prompted claimant to commence a CPLR article 78 proceeding to compel DMV and DTF to continue including its literature with their mailings, *839but Supreme Court dismissed claimant’s petition and this Court affirmed (see, *Matter of New York Citizens Util. Bd. v Pataki,*231 AD2d 185, *lv denied*90 NY2d 811). When, on October 25, 1995, Governor Pataki issued Executive Order No. 19 (9 NYCRR 5.19) revoking Executive Order No. 141, claimant filed the instant claim charging, *inter alia,*that its substantive due process rights had been violated because the State failed to distribute claimant’s informational material during the period from at least January 1995 until October 25, 1995, when the superseding order was issued. The Court of Claims granted the State’s motion for summary judgment and dismissed the complaint. Claimant’s appeal followed.

The gravamen of claimant’s appeal is a contention that in the time frame that Executive Order No. 141 was still in effect but not utilized (January 1995 through October 1995), claimant had acquired a vested right to access other State agencies’ mailings and that the State’s refusal to allow it to do so effected an abrogation of this benefit and a taking thereof without due process or just compensation, giving rise to a cause of action for damages. The core premise underlying claimant’s position — that an Executive order is tantamount in force to that of a statute and consequently once issued must be enforced — ignores settled law that Executive orders are merely voluntary arrangements or directions for implementing legislative enactments *(see, Clark v Cuomo,*66 NY2d 185, 191; *Rapp v Carey,*44 NY2d 157, 163). Furthermore, promulgation of an Executive order does not, as claimant contends, give rise to a vested right *(see, Matter of New York Citizens Util. Bd. v Pataki, supra,*at 187). Given the foregoing, we are compelled to conclude that claimant’s position lacks merit and hence that the Court of Claims properly dismissed the complaint.

Mikoll, J. P., Mercure and Peters, JJ., concur. Ordered that the order is affirmed, without costs.
### Airborne radioactivity surveys for phosphate in Florida

By: Robert M. Moxham

                            https://doi.org/10.3133/cir230

#### Links

-                                                                                                                             Document:                                                                                                                                                                                                                                                  **Report**                                                                                                     (pdf)                                                                                                                                     
- Plates:                               - **Plate 2**                            (pdf)
  - **Plate 3**                            (pdf)
  - **Plate 4**                            (pdf)
  - **Plate 5**                            (pdf)
  - **Plate 6**                            (pdf)
  - **Plate 7**                            (pdf)
  - **Plate 8**                            (pdf)
  - **Plate 9**                            (pdf) 
- NGMDB Index Page:  **National Geologic Map Database Index Page**                            (html)
- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

#### Study Area

Part or all of this report is presented in Portable Document Format                        (PDF). For best results viewing and printing PDF documents, it is recommended that you download                        the documents to your computer and open them with Adobe Reader. PDF documents opened from your                        browser may not display or print as intended. Download the latest version of Adobe Reader, free of charge. More information                        about viewing, downloading, and printing report files can be found at the common download problems FAQ.
### Floods in Wyoming, magnitude and frequency

By: J. R. CarterA. Rice Green

                            https://doi.org/10.3133/cir478

#### Links

-                                                                                                                             Document:                                                                                                                                                                                                                                                  **Report**                                                                                                     (pdf)                                                                                                                                     
- Plates:                               - **Plate 1**                            (pdf)
  - **Plate 2**                            (pdf) 
- NGMDB Index Page:  **National Geologic Map Database Index Page**                            (html)
- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

This report contains the results of four separate flood-frequency analyses designated A, B, C, and D. Analysis A is for the portion of Wyoming east of the Continental Divide. Analysis B applies to the portion of Wyoming in Part 9, as designated in streamflow reports entitled "Surface Water Supply of the United Stated" published by the U.S. Geological Survey, and was extracted fro.m an unpublished study by W. P. Somers in 1959. Analysis C applies to Part 10 and was extracted from Circutar 457 (Berwick, 1962). Analysis D applies to Part 13 and was extracted from a report by C. A. Thomas, H. C. Broom, and J. E. Cummans (1963).

Methods described in this report can be used to estimate the magnitude of a flood of any selected recurrence interval between 1.1 and 50 years for any unregulated stream in Wyoming, gaged or ungaged, within the scope of the data. Flood-frequency relations are not defined for a large part of the North Platte River basin in south-central Wyoming because of insufficient data. 

#### Study Area

Part or all of this report is presented in Portable Document Format                        (PDF). For best results viewing and printing PDF documents, it is recommended that you download                        the documents to your computer and open them with Adobe Reader. PDF documents opened from your                        browser may not display or print as intended. Download the latest version of Adobe Reader, free of charge. More information                        about viewing, downloading, and printing report files can be found at the common download problems FAQ.
1 

### Whalen, Marilyn

From: Poentis, Aaron Y CIV NAVFAC HI, EV <aaron.poentis@navy.mil>

Sent: Tuesday, August 12, 2014 4:22 PM

To: roxanne.kwan@doh.hawaii.gov; Richard Ta kaba (richard.takaba@doh.hawaii.gov)

Cc: Shimabuku, June T. CIV NAVFAC HI, EV4; Kishaba, Raelynn I CIV NAVFAC HI, EV4;

Lovgren, Andrew C LT NAVSUP, 700; Tsut sui, Bruce O CIV NAVFAC HI, OPHE3;

Nakamura, Peter M CIV NAVFAC HI, EV1; steven.chang@doh.hawaii.gov;

stuart.yamada@doh.hawaii.gov; Linder , Steven; Pallarino, Bob

Subject: RED HILL STATUS REPORT - AUGUST 12, 2014

Importance: High

Hi Richard/Roxanne:

Attached are the updated information for the weekly progress report from Navy Region Hawaii, and the Fleet Logistic

Center Pearl Harbor for the week of August 12, 2014. In a process to ease reading, only sections with changes will be

annotated.

1. Preliminary Work Plan

a. Item 1

‐ Models to estimate downward vertical migration of free product.

b. Item 2

‐ Methods or options for non

‐ invasive scanning of basalt to determine area and volume of contaminant

mass prior to any drilling investigation. Action complete.

c. Item 3

‐ Methods and locations for borings to most efficiently characterize the extent of contamination.

2. Release Response Action Items (initiate immediately, complete as soon as practicable)

a. Action 1

‐ Provide a schedule for the ventilation of Tank 5 and an estimated date to commence the investigation

of release point(s) within Tank 5.

b. Action 2

‐ No change.

c. Action 3

‐ Removal of petroleum free product from the area outside the tank will reduce downward migration of

the released JP

‐ 8 free product. Characterization of the free product plume and recovery of free product with increased

monitoring are required to address this plume.

d. Action 4

‐ Additional studies and procedures are required to address the potential and impact of any future

releases from the USTs within the Complex. This will require new financial and personnel resources to complete.

Funding for the preliminary work plan and all necessary following work is critical.

The Navy will submit the Final Work Plan for Installation of Two Sentinel Wells the week of 11 August 2014.

The Draft Site Characterization Work Plan/ Sampling and Analysis Plan...

Please feel free to contact me if you have any questions.

Vr,

Aaron
#### Pacific Trading Co. et al. *v.*United States

No. 6133.

Invoices dated Tokyo, Japan, February 7, 1936, etc.

Certified February 7, 1936, etc.

Entered at San Francisco, Calif., February 28, 1936, etc

Entry No. 9140, etc.

Third Division, Appellate Term

(Decided April 24, 1945)

*Lawrence & Tuttle*for the appellants.

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

Before Cline, Keefe, and Ekwall, Judges

Cline, Judge:

This is an application for review of the decision of the trial court in *Mutual Supply Co. et al.*v. *United States,*10 Cust. Ct. 547, Reap. Dec. 5815, insofar as the 13 appeals here involved were dismissed because the appraisements were null and void *ab initio*since the provisions of section 499 of the Tariff Act of 1930 with respect to designation by the collector and examination by the appraiser were not complied with and since the appraisements were completed prior to the effective date of the Customs Administrative Act of 1938. A motion for a rehearing was denied (10 Cust. Ct. 591, Reap. Dec. 5849).

Error is assigned, among other things, for the failure to reappraise the merchandise and find a dutiable value as required by section 501 of tlie Tariff Act of 1930, as amended by section 16 (b) of the Customs Administrative Act of 1938. It is also claimed that the trial court erred in denying appellants’ petition for a rehearing. We find no error in that regard.

After the decision of this Division in *North American Mercantile Co.*v. *United States,*Reap. Dec. 6072, this case was submitted without briefs or oral argument and without placing it upon the calendar.

In *North American Mercantile Co.*v. *United States, supra,*and *United States*v. *William J. Oberle, Inc.,*Reap. Dec. 6062, we held that the Customs Administrative Act of 1938 was not retroactive and that, as to appraisements completed before the effective date of that *404act, the court had no power to reappraise the merchandise where the appraisements were void. The appraisements here were all made prior to July 25, 1938 (the effective date of the Customs Administrative Act of 1938), and the testimony shows that less than one out of every ten packages were examined, contrary to the requirements of section 499 of the Tariff Act of 1930.

On the authority of the decisions above cited, we hold that the appraisements were invalid and void and that the court has no power to find value.

The decision and judgment below are affirmed.

Judgment will be rendered accordingly.
CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002



I, Rick Steen, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Certified Services, Inc. on Form 10-Q for the quarterly period ended June 30, 2004 fully complies with the
requirements of Section 13(a) or 15(d) of the Securities and Exchange Act of 1934 and that information contained in such Quarterly Report on Form 10-Q for the period ended June 30, 2004 fairly presents in all material respects the financial
condition and results of operations of Certified Services, Inc.



Date: August
11, 2004



/s/ Rick Steen

| | 
| | 

Rick Steen

Acting Chief Financial Officer, Chief Accounting

Officer & Vice President, Corporate Development
**CERTIFICATION
OF CHIEF FINANCIAL OFFICER**
 
 **PURSUANT
TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO**
 **SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002**
 
 **EXHIBIT
32.2**
 
 Pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned certifies that (1) this Annual
Report of CNL Retirement Properties, Inc. (the "Company") on Form 10-K for the
year ended December 31, 2004, as filed with the Securities and Exchange
Commission on the date hereof (this "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 this Report fairly presents, in
all material respects, the financial condition of the Company as of December 31,
2004 and 2003 and its results of operations for the three year period ended
December 31, 2004.
 
 
 
 
 
 
 Date:
      March 9, 2005
    
    /s/
      Clark HettingaClark
      HettingaChief
      Financial Officer
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

DEON GRIFFIN, )

)

Appellant, )

)

v. ) Case No. 2D20-1211

)

STATE OF FLORIDA, )

)

Appellee. )

___________________________________)

Opinion filed September 23, 2020.

Appeal pursuant to Fla. R. App. P.

9.141(b)(2) from the Circuit Court 

for Hillsborough County; Michelle Sisco, 

Judge.

Deon Griffin, pro se.

PER CURIAM.

Affirmed. See Moore v. State, 882 So. 2d 977 (Fla. 2004); Carpenter v. 

State, 884 So. 2d 385 (Fla. 2d DCA 2004); Lane v. State, 981 So. 2d 596 (Fla. 1st DCA 

2008); Williams v. State, 907 So. 2d 1224 (Fla. 5th DCA 2005).

KELLY, ATKINSON, and SMITH, JJ., Concur.