alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### COPLAN PIPE & SUPPLY CO., Inc., a Florida corporation, Appellant, v. ALTON TOWERS, INC., a Florida corporation, and Fidelity & Deposit Company of Maryland, Appellees.

No. 70-719.

District Court of Appeal of Florida, Third District.

June 22, 1971.

Ralph & Boyd, Miami, for appellant.

Tobias Simon, Miami, for appellees.

Before PEARSON, C. J., and CHARLES CARROLL and HENDRY, JJ.

ON REHEARING GRANTED

PER CURIAM.

On consideration of this cause upon rehearing, after further argument, this court’s order of affirmance filed April 20, 1971, is withdrawn and this opinion reversing the judgment appealed from is hereby substituted and made the judgment of this court.

The appellant Copian Pipe & Supply Co., Inc. was a materialman which supplied materials to Dade Plumbing, Inc., the plumbing subcontractor on a 29-unit apartment building construction job of which the owner of the property, the appellee Alton Towers, Inc. was the general contractor for the construction job. During the progress of the work Dade Plumbing, Inc. defaulted and abandoned its subcontract. Prior thereto the appellant had delivered to Dade Plumbing, Inc. materials used in the construction for which there was due to appellant from Dade Plumbing, Inc. $4,-512.90. The plumbing subcontract was for $48,375. At the time the subcontractor abandoned the work there remained unpaid thereon the sum of $9,485.82. The contractor was required to expend more than that sum to complete the Dade Plumbing subcontract work.

Appellant, as a materialman to the subcontractor, served timely notice on the owner of intention to claim lien, as provided for in § 713.06(3) (a), and thereafter timely filed notice of lien.

In this action by the appellant to foreclose his lien, against the proceeds of a bond which had been substituted for the property against which the lien was filed, the trial court denied recovery, and the materialman appealed.

*526The theory advanced by the appellee-owner in support of the judgment is that the owner was entitled to offset, against the amount of $9,485.82 which had remained unpaid on the plumbing subcontract, the cost of completing such subcontract, and therefore there was no remaining fund out of which the appellant-materi-alman was entitled to be paid. That theory is inapplicable to this situation. Assuming, but without need to so decide, that the above theory may apply in the instance of a default or abandonment by a general contractor (see Bryan v. Owsley Lumber Company, Fla.App.1967, 201 So.2d 246), it does not have application in the case of the abandonment or default by a subcontractor, with reference to claims of materialmen of the subcontractor. Such a materialman, who has given the required notice of intention to claim lien and has timely filed lien notice is entitled to be paid by the owner and may enforce his lien. § 713.06 Fla. Stat., F.S.A. Melnick v. Reynold’s Metals Company, Fla.App. 1970, 230 So.2d 490. Cf. Crane Co. v. Fine, Fla.1969, 221 So.2d 145.

The judgment is reversed and the cause is remanded for further proceedings.
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7134 Introduced in House (IH)]

<DOC>

116th CONGRESS
  2d Session
                                H. R. 7134

 To amend title 18, United States Code, to lower the mens rea standard 
   to reckless for the offense related to depriving persons of their 
         rights under the color of law, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 8, 2020

    Mr. Kennedy (for himself, Mr. Jeffries, Ms. Norton, Ms. Lee of 
California, Mr. Sean Patrick Maloney of New York, Mrs. Watson Coleman, 
Mr. Blumenauer, Ms. Clark of Massachusetts, Mr. McGovern, Mr. Hastings, 
 Ms. Blunt Rochester, Ms. Johnson of Texas, Ms. Velazquez, Mr. Meeks, 
Ms. Sewell of Alabama, Mr. Butterfield, Mr. Cohen, Mr. Engel, Mr. Brown 
 of Maryland, Miss Rice of New York, Mr. Cooper, Ms. Meng, Mr. Welch, 
 and Mrs. Trahan) introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To amend title 18, United States Code, to lower the mens rea standard 
   to reckless for the offense related to depriving persons of their 
         rights under the color of law, and for other purposes.

    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 ``Bend Toward Justice Act of 2020''.

SEC. 2. DEPRIVATION OF RIGHTS UNDER COLOR OF LAW MENS REA STANDARD.

    Section 242 of title 18, United States Code, is amended by striking 
``willfully'' and inserting ``recklessly''.
                                 <all>
```
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 722 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 722

 To designate a mountain in the State of Utah as ``Miracle Mountain''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 23, 2019

   Mr. Curtis (for himself, Mr. Bishop of Utah, Mr. Stewart, and Mr. 
   McAdams) introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To designate a mountain in the State of Utah as ``Miracle Mountain''.

    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 ``Miracle Mountain Designation Act''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) On September 13, 2018, the Bald Mountain Fire burned 
        nearly 20,000 acres of land in Utah.
            (2) Elk Ridge City, located in Utah County, was nearly the 
        victim of this fire.
            (3) Suddenly, the fire halted its progression and, instead 
        of burning into Elk Ridge City, stayed behind the mountain and 
        spared the city.
            (4) Congress, in acknowledgment of this event, believes 
        this mountain holds special significance to the residents of 
        Elk Ridge City and surrounding communities.
            (5) The presently unnamed peak has been referred to as 
        ``Miracle Mountain'' by many residents since the fire that 
        nearly went into Elk Ridge City.

SEC. 3. MIRACLE MOUNTAIN.

    (a) Designation.--The mountain in the State of Utah, located at 39 
59' 02N, 111 40' 12W, shall be known and designated as ``Miracle 
Mountain''.
    (b) References.--Any reference in a law, map, regulation, document, 
record, or other paper of the United States to the mountain described 
in subsection (a) shall be considered to be a reference to ``Miracle 
Mountain''.
                                 <all>
```
UNITED STATES OF AMERICA

FEDERAL TRADE COMMISSION

WASHINGTON, D.C. 20580

Office of the Secretary

October 1, 2004

S.M. Oliva

President

Citizens for Voluntary Trade

P.O. Box 66

Arlington, VA 22210

Re: In the Matter of Virginia Board of Funeral Directors and Embalmers

File No. 041 0014

Dear Mr. Oliva:

Thank you for your comments on behalf of Citizens for Voluntary Trade (“CVT”)

regarding the proposed consent order accepted by the Federal Trade Commission for public

comment in the above-captioned matter. Your letter indicates that CVT neither opposes nor

supports the proposed settlement. The Commission has reviewed your comments in connection

with its decision concerning whether to accord final approval to the proposed consent order, and

has also placed your comments on the public record.

After appropriate consideration of your comments, the Commission has determined that

the public interest would best be served by issuing the Decision and Order in final form without

modification. A copy of the final Decision and Order is enclosed for your information. Relevant

materials also are available from the Commission’s website at http://www.ftc.gov.

It helps the Commission’s analysis to hear from a variety of sources in its work on

antitrust and consumer protection issues, and we appreciate your interest in this matter.

By direction of the Commission, Commissioner Leibowitz not participating.

Donald S. Clark

Secretary
[Federal Register Volume 62, Number 250 (Wednesday, December 31, 1997)]
[Notices]
[Page 68249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-34106]


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

DEPARTMENT OF AGRICULTURE

Forest Service


Southwest Oregon Provincial Interagency Executive Committee 
(PIEC), Advisory Committee

AGENCY: Forest Service, USDA.

ACTION: Notice of meeting.

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

SUMMARY: The Southwest Oregon PIEC Advisory Committee will meet on 
January 15 at the Best Western Motel at 1143 Chetco Ave., Brookings, 
Oregon. The meeting will begin at 9 a.m. and continue until 5 p.m. 
Agenda items to be covered include: (1) Coordinated watershed 
restoration between federal and non-federal land managers; (2) province 
monitoring priorities; (3) forest health issues; (4) report from local 
BLM and Forest Service on local issues; and (5) public comment. All 
Province Advisory Committee meetings are open to the public.

FOR FURTHER INFORMATION CONTACT: Direct questions regarding this 
meeting to Chuck Anderson, Province Advisory Committee staff, USDA, 
Forest Service, Rogue River National Forest, 333 W. 8th Street, 
Medford, Oregon 97501, phone 541-858-2322.
    Dated: December 17, 1997.
James T. Gladen,
Forest Supervisor, Designated Federal Official.
[FR Doc. 97-34106 Filed 12-30-97; 8:45 am]
BILLING CODE 3410-11-M
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-10199

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

ALKER DE LA SIERRA

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:07-CR-154-7

Before DAVIS, WIENER, and PRADO, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Alker De La Sierra

has moved for leave to withdraw and has filed a brief in accordance with Anders

v. California, 386 U.S. 738 (1967). De La Sierra has not filed a response. Our

independent review of the record and counsel’s brief discloses no nonfrivolous

issue for appeal. Accordingly, counsel’s motion for leave to withdraw is

GRANTED, counsel is excused from further responsibilities herein, and the

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

United States Court of Appeals

Fifth Circuit

F I L E D

December 10, 2008

Charles R. Fulbruge III

Clerk
Exhibit 32

 

FORM OF 906 CERTIFICATION

The certification set forth below is being submitted in connection with the Quarterly Report on Form 10-Q for the quarter ended July 4, 2009 (the "Report") for the purpose of complying with Rule 13a-14(b) or Rule 15d-14(b) of the Securities Exchange Act of 1934 (the "Exchange Act") and Section 1350 of Chapter 63 of Title 18 of the United States Code.

David G. Whalen, the Chief Executive Officer and Kevin F. Mahoney, the Chief Financial Officer of A.T. Cross Company, each certifies that, to the best of his knowledge:
[Federal Register Volume 62, Number 34 (Thursday, February 20, 1997)]
[Notices]
[Page 7763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4129]


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

DEPARTMENT OF ENERGY
[Docket No. RP96-320-007]


Koch Gateway Pipeline Company; Notice of Proposed Changes in FERC 
Gas Tariff

February 13, 1997.
    Take notice that on February 10, 1997, Koch Gateway Pipeline 
Company (Koch) tendered for filing as part of its FERC Gas Tariff, 
Fifth Revised Volume No. 1, the following revised tariff sheet, to be 
effective February 5, 1997:

Substitute Second Revised Sheet No. 29

    Koch states that the above-mentioned tariff sheet is being filed to 
correct an administrative error on Second Revised Sheet No. 29 filed in 
Docket No. RP96-320 on February 5, 1997.
    Any person desiring to protest said filing should file a protest 
with the Federal Energy Regulatory Commission, 888 First Street, N.E. 
Washington, D.C. 20426, in accordance with Section 385.211 of the 
Commission's regulations. All such protest must be filed in accordance 
with Section 154.210 of the Commission's Regulations. Protests will be 
considered by the Commission in determining appropriate action to be 
taken, but will not serve to make protestants parties to the 
proceedings. Copies of this filing are on file with the Commission and 
are available for public inspection.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 97-4129 Filed 2-19-97; 8:45 am]
BILLING CODE 6717-01-M
254 La. 854

#### Ralph ARNAUD et al. v. Isadore BARBER et al.

No. 50130.

Supreme Court of Louisiana.

Nov. 12, 1969.

In re: Nathaniel Clark et al. applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Catahoula. 225 So.2d 656.

Writ refused. On the facts found by the Court of Appeal we find no error of law in its judgment.
#### GULF FEDERAL SAVINGS & LOAN ASSOCIATION, Appellant, v. Oliver BLOUNT et al., Appellees.

No. M-228.

District Court of Appeal of Florida, First District.

May 21, 1970.

PER CURIAM.

Affirmed.
MEMORANDUM

TO: Air and Radiation Docket EPA - HQ - OAR- 2012 - 0401 FROM: EPA Office of Transportation and Air Quality DATE: May

16 , 2014 SUBJECT: Teleconference with DriveGreen On April 17 , 2014 , Office of Transportation and Air Quality (OTAQ) staff held a teleconference with staff of DriveGreen . This memorandum provides written documentation and a brief summary of this teleconference. This teleconference discussed DriveGreen’s biogas to electricity and biogas to CNG/L

NG pathways as relative to the Notice of Proposed Rulemaking, Regulation of Fuels and Fuel Additives: RFS Pathways II and Technical Amendments to the RFS 2 Standards (Docket ID EPA - HQ - OAR- 2012 - 0401 ). OTAQ staff participating included Shary n Lie, Vincent Camobreco, Aaron Levy, and Deborah AdlerReed . DriveGreen representatives participating included Robert Cleaves and Gordon Grimes .
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
ACCOMPANYING CONSOLIDATED FINANCIAL STATEMENTS OF DATAMETRICS CORPORATION AS OF
AND FOR THE SIX MONTH PERIOD ENDED APRIL 26, 1998 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH CONSOLIDATED FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>  1000
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          OCT-25-1998
<PERIOD-END>                               APR-26-1998
<CASH>                                             273
<SECURITIES>                                         0
<RECEIVABLES>                                     1614
<ALLOWANCES>                                        40
<INVENTORY>                                       7140
<CURRENT-ASSETS>                                  9117
<PP&E>                                            7202
<DEPRECIATION>                                    4916
<TOTAL-ASSETS>                                   12176
<CURRENT-LIABILITIES>                             5226
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           153
<OTHER-SE>                                       37629
<TOTAL-LIABILITY-AND-EQUITY>                     12176
<SALES>                                           3529
<TOTAL-REVENUES>                                  3529
<CGS>                                             2624
<TOTAL-COSTS>                                     2624
<OTHER-EXPENSES>                                  2340
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 232
<INCOME-PRETAX>                                 (1667)
<INCOME-TAX>                                         3
<INCOME-CONTINUING>                             (1670)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (1670)
<EPS-PRIMARY>                                   ($.11)
<EPS-DILUTED>                                   ($.11)

</TABLE>
#### Claude R. KIRK, Petitioner, v. Louis E. WOLFSON, Respondent.

No. 43503.

Supreme Court of Florida.

May 30, 1973.

Certiorari denied. 273 So.2d 774.

CARLTON, C. J., and ERVIN, ADKINS and DEKLE, JJ., concur.

BOYD, J., dissents.
EXHIBIT 31.1**CERTIFICATIONS**I, Terry L. Collins, certify that:1. I have reviewed this quarterly report on Form 10-Q of Argon ST, Inc.; 2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations, and cash flows of the registrant as of, and for, the periods presented in thisreport; 4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules13a-15(f) and 15d-15(f)) for the registrant and have: a. Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this report is being prepared;  b. Designed such internal control over financial reporting or caused such internalcontrol over financial reporting to be designed under our supervision, to providereasonable assurance regarding the reliability of financial reporting and thepreparation of financial statements for external purposes in accordance with generallyaccepted accounting principles;  c. Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and  d. Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s second fiscal quarter thathas materially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions): a. All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonable likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; and b. Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.Date: May 12, 2006   /s/ Terry L. Collins        Terry L. Collins  Chief Executive Officer  
26
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EX-10.4



 Exhibit 10.4 

AMENDMENT TO THE 
 MBIA
INC. 2005 OMNIBUS INCENTIVE PLAN 
 This AMENDMENT to the MBIA INC. 2005 OMNIBUS INCENTIVE PLAN (the “Plan”), is hereby
adopted by MBIA Inc., effective as of May 2, 2013. Capitalized terms used, but not defined, herein shall have the meanings assigned to such terms in the Plan. 

WHEREAS, the Plan was established to enable the Company and its Subsidiaries to attract, retain, motivate and reward the best qualified
executive officers and key employees by providing them with the opportunity to earn competitive compensation directly linked to the Company’s performance; 

WHEREAS, Section 10 of the Plan authorizes the Committee to amend the Plan; 

NOW, THEREFORE, the Plan shall be amended, effective as of the date hereof, as follows: 

1. Section 11 of the Plan is hereby amended to add a new Section 11(o) at the end thereof, to read as follows: 

(o) Compliance with Company Policies. In addition to any limitations, constrains or restrictions on awards
applicable under Section11(g), the granting and exercising of Awards hereunder and any obligations of the Company under the Plan, shall be subject to the Participant’s acceptance of and compliance with any policy that requires the Participant
to return or otherwise disgorge all or any portion of the benefit associated with an Award granted hereunder or other compensation payable in respect of such Participant’s services due to a restatement of the Company’s financial
statements. The Company, in its discretion, may postpone the granting and exercising of Awards, the issuance or delivery of Stock under any Award or take any other action that it shall deem necessary or appropriate to assure the Participant’s
acceptance of and compliance with such policy or to rectify any failure to comply with such policy. Neither the Company nor its directors or officers shall have any obligation or liability to a Participant with respect to any Award (or Stock
issuable thereunder) by reason of any action taken in accordance with this Section 11(o). 
 IN WITNESS WHEREOF, a duly authorized
officer of MBIA Inc. has caused this Amendment to the Plan, to be executed as the date written above. 
  

			
	MBIA INC.
		
	By:	 	 /s/ Ram D. Wertheim

	Its:	 	Executive Vice President, Chief Legal Officer and Secretary