alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 14-0998 – Rich v. Simoni



### FILED

April 10, 2015

RORY L. PERRY II, CLERK

SUPREME COURT OF APPEALS

OF WEST VIRGINIA Benjamin, Justice concurring:

I agree with the majority’s reformulation of the certified question to pertain

specifically to Rule 5.4 of the Rules of Professional Conduct, as a determination of

whether a Rule of Professional Conduct may constitute a statement of public policy

should always be made on a rule by rule basis. I write separately, however, to express

my belief that a Rule of Professional Conduct should only be determined to be a source

of judicially conceived public policy when the rule at issue serves the public interest, not

just the interest of the profession.

In Rocky Mountain Hosp. and Medical Service v. Mariani, 916 P.2d 519

(1996), a court deciding whether a professional ethical code governing public accountants

should be adopted as a source of public policy, reasoned that

[s]tatutes by their nature are the most reasonable and common sources for defining public policy. In limited circumstances, however, we agree with the jurisdictions that hold there may be other sources of public policy such as administrative regulations and professional ethical codes. However, we quickly note that even those courts that have adopted ethical codes as a source of public policy have not

done so without limitation. See Pierce , 417 A.2d at 512. In particular, in order to qualify as public policy, the ethical provision must be designed to serve the interests of the public rather than the interests of the profession. The provision may not concern merely technical matters or administrativeregulations. In addition, the provision must provide a clear mandate to act or not to act in a particular way. Finally, the viability of ethical codes as a source of public policy must depend on a balancing between the public interest served by the professional code and the need of an employer to make legitimate business decisions. We also adopt these limitations as a prudent check on the public policy exception to employment at-will.

Thus, we hold that professional ethical codes may in certain circumstances be a source of public policy. However, we emphasize that any public policy must serve the public interest and be sufficiently concrete to notify employers and employees of the behavior it requires.

Id. at 525.

Consistent with Mariani , I would have limited the holding in this case to

express that the Rules of Professional Conduct may, in certain circumstances, be a source

of judicially conceived public policy when the rule at issue serves the public interest, not

just the interest of the profession. Accordingly, I concur with the majority’s decision.
# L_2006189EN.01001501.xml

| 12.7.2006 | EN | Official Journal of the European Union | L 189/15 |
| --- | --- | --- | --- |

12.7.2006

EN

Official Journal of the European Union

L 189/15

---

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES

of 22 June 2006

appointing a judge to the Court of First Instance of the European Communities

(2006/481/EC, Euratom)

THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 224 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 140 thereof,

Whereas:

Pursuant to Articles 5 and 7, in conjunction with Article 47, of the Protocol on the Statute of the Court of Justice and following the resignation of Ms Pernilla LINDH, a judge should be appointed to the Court of First Instance of the European Communities for the remainder of her term of office, which runs until 31 August 2007,

HAVE DECIDED AS FOLLOWS:

Article 1

Mr Nils WAHL is hereby appointed judge to the Court of First Instance of the European Communities from the date of his swearing-in until 31 August 2007.

Article 2

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 22 June 2006.

For the Council

The President

G. WOSCHNAGG

---
**Exhibit 99.1**

 

**CERTIFICATION OF PRESIDENT AND CHIEFEXECUTIVE OFFICERREGARDING PERIODIC REPORT CONTAINING FINANCIAL STATEMENTS**

 

I, Ronald J.Turner, President and Chief Executive Officer of TC PipeLines GP, Inc., theGeneral Partner of TC PipeLines, LP (the Partnership), in compliance with 18U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-OxleyAct of 2002 hereby certify in connection with the Partnership’s QuarterlyReport on Form 10-Q for the period ending September 30, 2002 with theSecurities and Exchange Commission (the Report), that:

 

•                  the Report fullycomplies with the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

•                  the informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Partnership.

 
| Dated: | November  14th, 2002 |                                       | /s/ Ronald  J. Turner |   |
|--------|----------------------|--------------------------------------------|-----------------------|--------|
|   |                 | Ronald J.  Turner                          |
|   |                 | President  and Chief Executive Officer     |
|   |                 | TC PipeLines  GP, Inc., as general partner |

 

1

----
[Federal Register Volume 62, Number 4 (Tuesday, January 7, 1997)]
[Notices]
[Pages 988-989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-215]


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

DEPARTMENT OF ENERGY
[Docket No. RP97-200-000]


Tennessee Gas Pipeline Company; Notice of Proposed Changes in 
FERC Gas Tariff

December 31, 1996.
    Take notice that on December 23, 1996, Tennessee Gas Pipeline 
Company tendered for filing as part of its Fifth Revised FERC Gas 
Tariff the following tariff sheets to become effective February 1, 
1997:

Thirteenth Revised Sheet No. 20
Fifteenth Revised Sheet No. 21A

[[Page 989]]

Twentieth Revised Sheet No. 22
Fifteenth Revised Sheet No. 22A
Twelfth Revised Sheet No. 23
Seventh Revised Sheet No. 23B
Seventeenth Revised Sheet No. 24
Twelfth Revised Sheet No. 25
Thirteenth Revised Sheet No. 26B

    Tennessee states that the purpose of the filing is to recover gas 
supply realignment costs (GSR costs) paid or known and measurable at 
the time of the filing, consistent with the GSR cost recovery 
provisions reflected in Section XXVI of the General Terms and 
Conditions of Tennessee's Fifth Revised FERC Gas Tariff. The charges 
include a GSR demand surcharge applicable to firm customers and a unit 
GSR component applicable to Tennessee's interruptible services.
    Tennessee is proposing to amortize the costs reflected in this 
filing over the five-month period necessary to maintain the level of 
the existing firm GSR surcharges and is seeking any necessary waivers 
of the Commission's regulations and its tariff provisions to effectuate 
the same. In the event that the requested waivers are not granted, 
Tennessee has also submitted herewith the following alternate tariff 
sheets to be effective February 1, 1997:

Alternate Thirteenth Revised Sheet No. 20
Alternate Fifteenth Revised Sheet No. 21A
Alternate Twentieth Revised Sheet No. 22
Alternate Fifteenth Revised Sheet No. 22A
Alternate Twelfth Revised Sheet No. 23
Alternate Seventh Revised Sheet No. 23B
Alternate Seventeenth Revised Sheet No. 24
Alternate Twelfth Revised Sheet No. 25
Alternate Thirteenth Revised Sheet No. 26B

    Any person desiring to be heard or to protest this filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, 
in accordance with Sections 385.214 and 385.211 of the Commission's 
Rules and Regulations. All such motions or protests must be filed in 
accordance with Section 154.210 of the Commission's Regulations. 
Protests will be considered by the Commission in determining the 
appropriate action to be taken, but will not serve to make protestants 
parties to the proceeding. Any person wishing to become a party must 
file with the Commission a motion to intervene. Copies of this filing 
are on file with the Commission and are available for public inspection 
in the Public Reference Room.
Lois D. Cashell,
Secretary.
[FR Doc. 97-215 Filed 1-6-97; 8:45 am]
BILLING CODE 6717-01-M
89–008

107TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 107–9

PROVIDING FOR THE CONSIDERATION OF S.J. RES. 6, PROVIDING FOR

CONGRESSIONAL DISAPPROVAL OF THE RULE SUBMITTED BY THE DEPARTMENT OF LABOR RELATING TO ERGONOMICS

MARCH 6, 2001.—Referred to the House Calendar and ordered to be printed

Mr. LINDER, from the Committee on Rules, submitted the following

REPORT

[To accompany H. Res. 79]

The Committee on Rules, having had under consideration House

Resolution 79, by a record vote of 7 to 2, report the same to the

House with the recommendation that the resolution be adopted.

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for the consideration of S.J. Res. 6, providing for congressional disapproval of the rule submitted by the

Department of Labor relating to ergonomics, under a closed rule.

The rule waives all points of order against consideration of the

joint resolution and provides one hour of debate equally divided

and controlled by the chairman and ranking minority member of

the Committee on Education and the Workforce. Finally, the rule

provides for one motion to recommit.

COMMITTEE VOTES

Pursuant to clause 3(b) of House rule XIII the results of each

record vote on an amendment or motion to report, together with

the names of those voting for and against, are printed below:

Rules Committee record vote No. 1

Date: March 6, 2001.

Measure: S.J. Res. 6, providing for congressional disapproval of

the rule submitted by the Department of Labor relating to

ergonomics.

Motion by: Mr. Frost.

Summary of Motion: Extend the debate time from one hour to

ten hours equally divided and controlled by the chairman and

ranking member of the Committee on Education and the Workforce.

2

Results: Defeated 2 to 7.

Vote by Member: Goss—Nay; Linder—Nay; Pryce—Nay;

Hastings—Nay; Sessions—Nay; Reynolds—Nay; Frost—Yea; Hall— Yea; Dreier—Nay.

Rules Committee record vote No. 2

Date: March 6, 2001.

Measure: S.J. Res. 6, providing for congressional disapproval of

the rule submitted by the Department of Labor relating to

ergonomics.

Motion by: Mr. Goss.

Summary of Motion: Report the resolution.

Results: Adopted 7 to 2.

Vote by Member: Goss—Yea; Linder—Yea; Pryce—Yea;

Hastings—Yea; Sessions—Yea; Reynolds—Yea; Frost—Nay; Hall— Nay; Dreier—Yea.

Æ
### Court of Appeals, State of Michigan ORDER
In re A M Kobema-Pauley Minor Docket No. 323722 LC No. 14-81 9094-NA K athleen Jansen Presiding Judge David H. Sawyer Karen M. Fort Hood

Judges The Court ord ers that the opini on issued in thi s case i s hereby AMENDED t o correct a cle ri cal error. The opini on is corrected to read June 1 6, 2 015 as the date of th e opini on. In a ll ot h er respects , the o pinion remain s unch a n ged.

A true copy entered a nd certified 

### by J ero me W. Zi mm er Jr., Chief C lerk , on



# ..z 9 2015 Date
[Federal Register Volume 62, Number 165 (Tuesday, August 26, 1997)]
[Notices]
[Pages 45221-45222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22577]


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

COMMISSION ON CIVIL RIGHTS


Agenda and Notice of Public Meeting of the Delaware Advisory 
Committee

    Notice is hereby given, pursuant to the provisions of the rules and 
regulations of the U.S. Commission on Civil Rights, that a meeting of 
the

[[Page 45222]]

Delaware Advisory Committee to the Commission will convene at 1:00 p.m. 
and adjourn at 5:00 p.m. on Wednesday, September 17, 1997, at the 
Holiday Inn, Downtown, 700 King Street, Wilmington, Delaware 19801. The 
purpose of the meeting is to discuss project selection and plan future 
activities.
    Persons desiring additional information, or planning a presentation 
to the Committee, should contact Committee Chairperson Emily Morris, 
302-674-0839, or Ki-Taek Chun, Director of the Eastern Regional Office, 
202-376-7533 (TDD 202-376-8116). Hearing-impaired persons who will 
attend the meeting and require the services of a sign language 
interpreter should contact the Regional Office at least five (5) 
working days before the scheduled date of the meeting.
    The meeting will be conducted pursuant to the provisions of the 
rules and regulations of the Commission.

    Dated at Washington, DC, August 15, 1997.
Carol-Lee Hurley,
Chief, Regional Programs Coordination Unit.
[FR Doc. 97-22577 Filed 8-25-97; 8:45 am]
BILLING CODE 6335-01-P
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

I, Alex Werber, the Chief Financial Officer of Tissera, Inc. (the "Company"),
certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C.
Section 1350, that to the best of my knowledge:

(1)   the Quarterly Report on Form 10-QSB of the Company for the fiscal quarter
      ended April 30, 2004 (the "Report") fully complies with the requirements
      of Section 13 (a) or 15 (d) of the Securities Exchange Act of 1934 (15
      U.S.C. 78m or 78o(d)); 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: March 8, 2005


                                           By: /s/Alex Werber
                                              ----------------------------------
                                           Name: Alex Werber
                                           Title: Chief Financial Officer
Exhibit
23.1





CONSENT
OF REGISTERED INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM








To the
Board of Directors of


Ever-glory
International Group, Inc





We hereby
consent to use, in this annual report of Form 10-K, of our report dated March
10, 2008 with respect to our audit of accompanying consolidated balance sheet as
of December 31, 2007, and the related consolidated statements of operations and
other comprehensive income, shareholder’s equity and cash flows of Ever-glory
International Group, Inc., and Subsidiaries for the year then
ended.







/s/ Moore Stephens Wurth
Frazer and Torbet, LLP





Moore
Stephens Wurth Frazer and Torbet, LLP





Walnut,
California


March 31,
2009
EXHIBIT 99.1



I, Lance Larsen, certify that:



1.

I have reviewed this annual report on Form 10-KSB of Andean Industries Group, Inc.;



2.

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



4.

The registrants other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:



(a)

Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;



(b)

Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and



(c)

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



5.

The registrants other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditor and the audit committee of the registrants board of directors (or persons performing the equivalent functions):



(a)

All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and



(b)

Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.





Dated:  April 15, 2005



/s/ Lance Larsen

Lance Larsen, Chief Executive Officer
<PAGE>
                                                                    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 Alliance Fiber Optic Products,
Inc., (the "Company") on form 10-QSB for the period ended June 30, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Anita K. Ho, the chief financial officer of Alliance Fiber Optic Products,
Inc., 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:

      (i)   the Report fully complies with the requirements of section
13(a) or 15(d) of the Securities Exchange Act of 1934, and

      (ii) the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

Dated: August 8, 2003                      /s/ Anita K. Ho
                                           -------------------------------------
                                           Anita K. Ho
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 Big Sky Industries II, Inc. (the Company) on Form 10-Q for the period ending December 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Ramon Chimelis, Treasurer of the Company, certify, pursuant to 18 U.S.C. 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) 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: January 8, 2009



/s/ Ramon Chimelis

Ramon Chimelis, Treasurer

Big Sky Industries II, Inc.
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 Thomas Equipment, Inc. (the
"Company") on Form 10-Q for the period ending December 31, 2004 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Luigi Lobasso, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. section 906 of the Sarbanes-Oxley Act of 2002, that:

      (3)   The Report fully complies with the requirements of section 13(a) or
            15(d) of the Securities and Exchange Act of 1934; and

      (4)   The information contained in the Report fairly presents, in all
            material respects, the financial condition and result of operations
            of the Company.



Date:  April 1, 2005                            By: /s/ LUIGI LOBASSO
                                                    ---------------------------
                                                    Luigi Lobasso
                                                    Chief Financial Officer
Exhibit 23







            Consent of Independent Registered Public Accounting Firm
            --------------------------------------------------------



We consent to the  incorporation  by reference  in  Registration  Statement  No.
333-120812 on Form S-8 of eLEC Communications Corp. of our report dated February
9, 2007 appearing in the Annual Report on Form 10-K of eLEC Communications Corp.
for the year ended November 30, 2006.





/s/ Nussbaum Yates & Wolpow, P.C.





Melville, New York
February 9, 2007
CERTIFICATION



I, Marcia Marcus, certify that:



1.

I have reviewed this quarterly report on Form 10-QSB of US Biodefense, Inc.;



2.

Based on my knowledge, this quarterly report does 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 quarterly report; and



3.

Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial position, results of operations, and cash flows of the issuer as of, and for, the periods presented in this quarterly report.



4.

The registrant's other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:



a)

designed such disclosure controls and procedures to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared;

b)

evaluated the effectiveness of the registrant's disclosure controls and procedures as of a date within 90 days prior to the filing date of this quarterly report (the "Evaluation Date"); and

c)

presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date;



5.

The registrant's other certifying officers and I have disclosed, based on our most recent evaluation, to the registrant's auditors and the audit committee of registrant's board of directors (or persons performing the equivalent functions):



a)

all significant deficiencies in the design or operation of internal controls which could adversely affect the registrant's ability to record, process, summarize and report financial data and have identified for the registrant's auditors any material weaknesses in internal controls; and

b)

any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal controls; and



6.

The registrant's other certifying officers and I have indicated in this quarterly report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.





Date:  October 14, 2004



/s/ Marcia Marcus

Secretary

Director