alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 73, Number 89 (Wednesday, May 7, 2008)]
[Notices]
[Page 25668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10108]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XH64


Endangered Species; File No. 1614-01

AGENCY:  National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION:  Notice; issuance of permit modification.

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

SUMMARY:  Notice is hereby given that the NOAA Fisheries Northeast 
Region Protected Resources Division (Responsible Party: Mary Colligan), 
One Blackburn Drive, Gloucester, MA 01930, has been issued a 
modification to scientific research Permit No. 1614.

ADDRESSES:  The modification and related documents are available for 
review upon written request or by appointment in the following offices:
    Permits, Conservation and Education Division, Office of Protected 
Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 
20910; phone (301)713-2289; fax (301)427-2521;
    Northeast Region, NMFS, One Blackburn Drive, Gloucester, MA 01930-
2298; phone (978)281-9300; fax (978)281-9394; and
    Southeast Region, NMFS, 263 13th Ave South, St. Petersburg, FL 
33701; phone (727)824-5312; fax (727)824-5309.

FOR FURTHER INFORMATION CONTACT:  Brandy Belmas or Jennifer Skidmore, 
(301)713-2289.

SUPPLEMENTARY INFORMATION: On March 25, 2008, notice was published in 
the Federal Register (73 FR 15741) that a modification of Permit No. 
1614, issued February 28, 2008 (73 FR 11873), had been requested by the 
above-named organization. The requested modification has been granted 
under the authority of the Endangered Species Act of 1973, as amended 
(ESA; 16 U.S.C. 1531 et seq.) and the regulations governing the taking, 
importing, and exporting of endangered and threatened species (50 CFR 
222-226).
    In addition to all activities authorized under Permit No. 1614, 
this modification increases the number of dead, captive bred shortnose 
sturgeon (Acipenser brevirostrum) received from authorized U.S. 
facilities up to 350 individuals each year. Obtaining these additional 
sturgeon will aid researchers in meeting their research objectives, 
which include reviewing shortnose sturgeon research procedures and 
developing necropsy protocols.
    Issuance of this modification, as required by the ESA was based on 
a finding that such permit (1) was applied for in good faith, (2) will 
not operate to the disadvantage of such endangered or threatened 
species, and (3) is consistent with the purposes and policies set forth 
in section 2 of the ESA.

    Dated: May 2, 2008.
P. Michael Payne,
Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. E8-10108 Filed 5-6-08; 8:45 am]
BILLING CODE 3510-22-S
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 Homeland Security

###### Federal Emergency Management Agency 

          - [FEMA-1696-DR] 

# AGENCY:

Federal Emergency Management Agency, DHS. 

# ACTION:

Notice.

# SUMMARY:

This notice amends the notice of a major disaster declaration for the State of West Virginia (FEMA-1696-DR), dated May 1, 2007, and related determinations. 

# EFFECTIVE DATE:

May 10, 2007.

# FOR FURTHER INFORMATION CONTACT:

Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, Washington, DC 20472, (202) 646-2705. 

# SUPPLEMENTARY INFORMATION:

The notice of a major disaster declaration for the State of West Virginia is hereby amended to include the following areas among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of May 1, 2007:

Barbour, Gilmer, Grant, Hardy, Lewis, McDowell, Pendleton, Pocahontas, Putnam, Upshur, and Webster Counties for Public Assistance.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis Counseling; 97.033, Disaster Legal Services Program; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance; 97.048, Individuals and Households Housing; 97.049, Individuals and Households Disaster Housing Operations; 97.050 Individuals and Households Program-Other Needs, 97.036, Public Assistance Grants; 97.039, Hazard Mitigation Grant Program.)

R. David Paulison, 

Administrator, Federal Emergency Management Agency.

 [FR Doc. E7-9508 Filed 5-16-07; 8:45 am] 

BILLING CODE 9110-10-P
**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 Annual Report on Form 10-K of CapLease, Inc. (the “Company”)
        for the year ended December 31, 2007 as filed with the Securities and Exchange
        Commission on the date hereof (the “Report”), I, Paul H. McDowell, Chairman
        of the Board andChief 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.
  
 
 /s/
        PAUL H. McDOWELL
 Paul
        H.
        McDowell
 Chairman
          of the Board and Chief Executive Officer
 March
        4,
        2008
  
 
 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 required
        by Section 906, has been provided to CapLease, Inc. and will be retained
        by
        CapLease, Inc. and furnished to the Securities and Exchange Commission or
        its
        staff upon request.
#### In re Leopold Lee PEDRAZA

No. 13-98-444-CV.

Court of Appeals of Texas, Corpus Christi.

Sept. 10, 1998.

*672Leopold Lee Pedraza, Beaumontle, pro se.

Neftali J. Viilafranca, Victoria, for Real Parties in Interest.

Before Chief Justice SEERDEN and Justices DORSEY and CHAVEZ.

OPINION

PER CURIAM.

Leopold Lee Pedraza petitions this Court for a writ of mandamus to compel the trial court to appoint counsel to represent him at trial.

While in prison, Pedraza filed a *pro se*lawsuit against Crossroads Security Systems and two of its employees, the real parties in interest herein, alleging negligence, false arrest and false imprisonment. After the trial court dismissed that lawsuit for want of prosecution, this Court reversed, holding that the dismissal was arbitrary and unreasonable in view of the efforts that Pedraza made to have his case heard. *See Pedraza v. Crossroads Security Systems,*960 S.W.2d 839 (Tex.App.—Corpus Christi 1997, no writ). Nevertheless, we did not find any specific abuse of discretion by the trial court in failing either to provide Pedraza with appointed counsel or to issue a bench warrant for his attendance at trial. *Id.*at 343. Rather, we left open the possibility that the trial court might make other arrangements for Pedraza to participate by permitting him to “proceed by affidavit, deposition, telephone, or other effective means.” *Id.*at 343 n. 3 (quoting *Byrd v. Attorney General,*877 S.W.2d 566, 569 (Tex.App.—Beaumont 1994, no writ)).

By his present petition for writ of mandamus, Pedraza complains that the trial court has again placed his lawsuit on the dismissal docket and refused to either appoint counsel for him or provide him with a means to proceed with his case. We asked for a response to the present petition for writ of mandamus, but none has been filed.

Accordingly, we presume that matters stated in Pedraza’s petition for mandamus are correct and that there is no valid reason for the trial court’s failure to comply with the directions of our former opinion.

We therefore conditionally grant a writ of mandamus and order the trial court to appoint counsel for relator within 10 days of this order or advise this Court within that time of other means it is providing for him to participate in the trial. The writ will not issue, however, unless the trial court fails to comply with the order of this Court.
EXHIBIT 99.1



A signed original of this written statement
required by Section 906 has been provided to Computer Access Technology Corporation and will be retained by Computer Access Technology Corporation and furnished to the Securities and Exchange Commission or its staff upon request.



COMPUTER ACCESS TECHNOLOGY CORPORATION



CERTIFICATION



In connection with the periodic report of Computer Access Technology
Corporation (the Company) on Form 10-Q for the period ended March 31, 2003, as filed with the Securities and Exchange Commission (the Report), I, Dan Wilnai, President, Chief Executive Officer and Chairman of the Board of
Directors of the Company, hereby certify as of the date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code, that to the best of my knowledge:



(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 at the dates and for the periods indicated.



|Date: May 14, 2003 |  | By: |  | /s/    DAN WILNAI                                                      
|------------------ |  | --- |  | -----------------------------------------------------------------------
|                   |  |     |  | Dan Wilnai President, Chief Executive Officer and Chairman of the Board
EXHIBIT 32.1


                           SECTION 1350 CERTIFICATION


     In connection  with the Quarterly  Report of Las Palmas Mobile Estates (the
"Company")  on Form 10-QSB for the quarter  ending  March 31, 2007 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Diana L.  Hassan,  President  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 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.


Date: May 14, 2007



                                        By: /s/ DIANA L. HASSAN
                                            ___________________________
                                                Diana L. Hassan
                                                President
#### STATE of Missouri, Plaintiff/Respondent, v. Antonio KELLY, Defendant/Appellant.

No. 73257.

Missouri Court of Appeals, Eastern District, Division Three.

Sept. 29, 1998.

S. Paige Canfield, Asst. Public Defender, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Gregory L. Barnes, Asst. Atty. Gen., Jefferson City, for respondent.

Before SIMON, P.J., and CRANE, and LARRY E. MOONEY, JJ.

*ORDER*

PER CURIAM.

Defendant appeals from the judgment entered on a jury verdict finding him guilty of murder in the second degree, in violation of Section 565.021.1(2) RSMo (1994), and one count of endangering the welfare of a child, in violation of Section 568.045 RSMo (1994), *277on which he was sentenced to a seventeen year term of imprisonment and a concurrent five year term of imprisonment.

No error of law appears and no jurisprudential purpose would be served by a written opinion. However, the parties have been furnished with a memorandum opinion for their information only, setting forth the facts and reasons for this order.

The judgment is affirmed in accordance with Rule 30.25(b).
Exhibit 32

THE HACKETT GROUP, INC

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 The Hackett Group, Inc. (the Company) on Form 10-K for the period ending
January 1, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), we, Ted A. Fernandez, Chairman of the Board and Chief Executive Officer, and Robert A. Ramirez, Executive Vice President, Finance
and Chief Financial 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:



| | (1) | 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 result of operations of the Company.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Ted A. FernandezTed A. FernandezChairman of the Board and Chief Executive OfficerMarch 17, 2010/s/ Robert A. RamirezRobert A. RamirezExecutive Vice President, Finance and Chief Financial OfficerMarch 17, 2010


A signed original of this
statement required by Section 906 has been provided to The Hackett Group, Inc. and will be retained by The Hackett Group, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
#### Carson Pirie Scott & Co. *v.*United States

No. 6873.

Entry No. 3500, etc.

Invoices dated London, England, February 1945, etc.

Certified February 1945, etc.

Entered at Chicago, Ill., March 23, 1945, etc.

(Decided February 14, 1947)

*Wallace & Schwartz (Joseph Schwartz*of counsel) for the plaintiff.

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

Oliver, Presiding 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:

(Stipulation omitted.)

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 merchandise here involved, and that such values are the appraised values, less the additions made by the importer on entry because of advances by the appraiser in similar cases.

Judgment will be rendered accordingly.
#### STATE of Louisiana v. Shareef COUSIN.

No. 98-KK-3171.

Supreme Court of Louisiana.

Jan. 6, 1999.

In re State of Louisiana; — Plaintiff(s); applying for supervisory and/or remedial writs; Parish of Orleans, Criminal District Court, Div. “F”, No. 376-479; to the Court of Appeal, Fourth Circuit, No. 98KW-2413.

Denied.

MARCUS and TRAYLOR, JJ., would grant the writ.

KNOLL, J., not on panel.
No. 50771.

#### Protests 92761-K, etc., of Borden Co. et al. (New York).

Opinion by

Keefe, J.

At the trial it was stipulated that the reliquidation of the entries herein involved is similar in all material respects to that in *Bel Paese Sales Co., Inc.*v. *United States*(15 Cust. Ct. 7, C. D. 932). In accordance with stipulation and following the decision cited, judgment was entered directing the collector to reliquidate the entries herein, refunding the duty established to have been taken in excess, in accordance with the decision and judgment in Abstract 45180.
Exhibit 15.2



CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM



We consent to the incorporation by reference in the Registration Statement on Form S-8 (Registration No. 333-9182) pertaining to
the Amended and Restated 1997 Stock Option Plan of Global-Tech Appliances Inc. (the Company) of our report dated September 9, 2005, with respect to the consolidated financial statements of the Company included in the Form 20-F for
the year ended March 31, 2005.



|                  
|------------------
|                  
|/s/ Ernst & Young 
|                  
|Hong Kong         
|                  
|September 30, 2005
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NO. 07-09-0092-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

MAY 27, 2009

______________________________

JOHN D. FAILS, JR., APPELLANT

V.

MICHAEL “MIKE” LOWE, APPELLEE

_________________________________

FROM THE 108TH DISTRICT COURT OF POTTER COUNTY;

NO. 97,237-E; HONORABLE DOUGLAS WOODBURN, JUDGE

_______________________________

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

ORDER OF DISMISSAL

Appellant, John D. Fails, Jr., filed suit against Michael Lowe, in his official capacity

as a correctional officer at the Neal Unit of the Texas Department of Criminal Justice, and

requested redress for retaliation and harassment as well for violations of his rights under

the Texas Constitution. The trial court dismissed Fails’s suit on January 30, 2009. 

Fails filed his notice of appeal on March 19, 2009. Under the Texas Rules of

Appellate Procedure, Fails’s notice of appeal was due no later than March 1. See TEX. R.

APP. P. 26.1. On April 21, 2009, the appellate clerk’s office sent Fails a letter stating that
Even if appellant had requested an extension of time to file his notice of appeal, his 1

notice of appeal and a motion requesting an extension were due within 15 days from the

expiration of the deadline for filing a timely notice of appeal. See TEX. R. APP. P. 26.3. 

2

it appeared that our jurisdiction was not properly invoked. Further, the letter requested

that Fails show how this court does have jurisdiction and why the appeal should not be

dismissed for want of jurisdiction. To date, we have had no response to the court’s

request. We have not received any explanation, reasonable or otherwise, to justify the 1

late filing of the notice of appeal. See Miller v. Greenpark Surgery Assocs., Ltd., 974

S.W.2d 805, 808 (Tex.App.–Houston [14 Dist.] 1998, no pet.); Verburgt v. Dorner, 959 th

S.W.2d 615, 617 (Tex. 1997).

We, therefore, dismiss the appeal. See TEX. R. APP. P. 42.3.

Mackey K. Hancock

Justice
No. 39177.

#### Protest 833873-G of McKesson & Robbins, Inc. (New York).

Opinion by

Keefe, J.

From the evidence adduced it was held that the action of the collector in adopting the weight returned by the United States weigher as the correct basis in the assessment of duty is presumptively correct, and the protest was overruled, the court saying that it is an established principle of customs law *370that merchandise is dutiable on the basis of its landed weight. In order to establish the net weight to be used as a basis of the assessment of duty, where the merchandise is subject to shrinkage, the average shrinkage of such merchandise between the time of the separate weighing thereof should be shown in order to prove that the weights taken at the time of entry were erroneous.
EXHIBIT 23.1



                               KYLE L. TINGLE, CPA








To Whom It May Concern:                                         November 6, 2002


The firm of Kyle L. Tingle, CPA, LLC consents to the inclusion of his report of
November 6, 2002 accompanying the audited financial statements of Huile' Oil &
Gas, Inc., as of September 30, 2002 and December 31, 2001, in the Form 10QSB
with the U.S. Securities and Exchange Commission.

Very truly yours,


/s/ KYLE L. TINGLE
________________________
Kyle L. Tingle, CPA, LLC















        P.O. Box 50141, Henderson, Nevada 89016, Phone: (702) 434-8452,
               Fax: (702) 436-4218, e-mail: Ktingle@worldnet.att.