alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Homer Charles NEAL, Appellant, v. STATE of Florida, Appellee.

No. 77-148.

District Court of Appeal of Florida, Second District.

Sept. 16, 1977.

Jack 0. Johnson, Public Defender, and David S. Bergdoll, Asst. Public Defender, Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Davis G. Anderson, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Appellant appeals from the denial of his Fla.R.Crim.P. 3.850 motion. Although not made part of the instant record on appeal, we note that appellant advanced the same grounds in an earlier Fla.R.Crim.P. 3.850 motion (appeal number 70-317), which were rejected in *Neal v. State,*239 So.2d 889 (Fla.2d DCA 1970).

Therefore, the action of the trial court in denying appellant’s present motion was proper. *State v. Piehl,*184 So.2d 417 (Fla. 1966).

BOARDMAN, C. J., and HOBSON and OTT, JJ., concur.
**EXHIBIT32.2**

 

**CERTIFICATIONOF PRINCIPAL FINANCIAL OFFICER PURSUANT TO**

**18U.S.C. SECTION 1350**

**ASADOPTED PURSUANT TO SECTION 906**

**OFTHE SARBANES-OXLEY ACT OF 2002**

 

 

In connection with the Quarterly Report of SMTEK International, Inc. (the “Company”) on Form 10-Q for the period ended December 31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Kirk A. Waldron, Senior Vice President and Chief Financial Officer of the Company, certify, to the best of my knowledge, 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) or 15(d) of the Securities and 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:   February 6, 2004 |                                            |
|------------------------------------|-------------------------------------------------|
|                               |                                            |
| By:                                |   /s/ Kirk A. Waldron                 |   |   |
|                               | Kirk A. Waldron                                 |   |
|                               | Senior Vice President, Chief Financial  Officer |   |
|                               | SMTEK  International, Inc.                      |   |
|                                    |                                                 |  |  |

 

----
Federal Register / Vol. 62, No. 30 / Thursday, February 13, 1997 / Proposed Rules 6753

§ 186.5000 [Amended]

b. Section 186.5000 is amended by

removing the entry for ‘‘Apple pomace,

dried.’’

[FR Doc. 97–3518 Filed 2–12–97; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Parts 383 and 391

[FHWA Docket No. MC–93–23]

RIN 2125–AD20

Commercial Driver Physical

Qualifications as Part of the

Commercial Driver’s License Process

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Notice of meeting of negotiated

rulemaking advisory committee.

SUMMARY: The FHWA announces the

meeting date of an advisory committee

(the Committee) established under the

Federal Advisory Committee Act and

the Negotiated Rulemaking Act to

consider the relevant issues and attempt

to reach a consensus in developing

regulations governing the proposed

merger of the State-administered

commercial driver’s license (CDL)

procedures of 49 CFR Part 383 and the

driver physical qualifications

requirements of 49 CFR Part 391. The

Committee is composed of persons who

represent the interests that would be

substantially affected by the rule.

The FHWA believes that public

participation is critical to the success of

this proceeding. Participation at

meetings is not limited to Committee

members. Negotiation sessions are open

to the public, so interested parties may

observe the negotiations and

communicate their views in the

appropriate time and manner to

Committee members.

For a listing of Committee members,

see the notice published on July 23,

1996, 61 FR 38133. Please note that the

United Motorcoach Association and the

American Bus Association will serve as

full members of the Committee. For

additional background information on

this negotiated rulemaking, see the

notice published on April 29, 1996, at

61 FR 18713.

DATES: The sixth meeting of the

advisory committee will begin at 9:30

a.m. on March 24–25, 1997.

ADDRESSES: The sixth meeting of the

advisory committee will be held at the

Department of Transportation, Nassif

Building, Room 3200, 400 7th Street,

SW, Washington, D.C. Subsequent

meetings will be held at locations to be

announced.

FOR FURTHER INFORMATION CONTACT: Ms.

Teresa Doggett, Office of Motor Carrier

Research and Standards, (202) 366–

4001, or the Office of Chief Counsel,

(202) 366–0834, Federal Highway

Administration, 400 Seventh Street,

SW., Washington, D.C. 20590. Office

hours are from 7:45 a.m. to 4:15 p.m.

e.t., Monday through Friday, except

Federal holidays.

Authority: [5 U.S.C. 561–570; 5 U.S.C.

App. 2 sections 1–15]

Issued on: February 7, 1997.

George L. Reagle,

Associate Administrator for Motor Carriers.

[FR Doc. 97–3665 Filed 2–12–97; 8:45 am]

BILLING CODE 4910–22–P
[Federal Register Volume 62, Number 243 (Thursday, December 18, 1997)]
[Notices]
[Page 66350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32974]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. CP98-118-000]


Williston Basin Interstate Pipeline Company; Notice of Request 
Under Blanket Authorization

December 12, 1997.
    Take notice that on December 5, 1997, Williston Basin Interstate 
Pipeline Company (Williston Basin), 200 North Third Street, Suite 300, 
Bismark, North Dakota 58501, filed a request with the Commission Docket 
No. CP98-118-000, pursuant to Sections 157.205 and 157.211 of the 
Commission's Regulations under the Natural Gas Act (NGA) for 
authorization to utilize an existing tap to effectuate natural gas 
transportation deliveries to Montana-Dakota Utilities Co. (Montana-
Dakota) authorized in blanket certificate issued in Docket No. CP82-
487-000, et al., all as more fully set forth in the request on file 
with the Commission and open to public inspection.
    Williston Basin proposes to utilize an existing tap, located in 
Dawson County, Montana which would effectuate additional natural gas 
transportation deliveries to Montana-Dakota for ultimate use by 
additional end-use customers.
    Any person or the Commission's staff may, within 45 days after the 
Commission has issued this notice, file pursuant to Rule 214 of the 
Commission's Procedural Rules (18 CFR 385.214) a motion to intervene or 
notice of intervention and pursuant to Section 157.205 of the 
Regulations under the NGA (18 CFR 157.205) a protest to the request. If 
no protest is filed within the allowed time, the proposed activity 
shall be deemed to be authorized effective the day after the time 
allowed for filing a protest. If a protest is filed and not withdrawn 
within 30 days after the time allowed for filing a protest, the instant 
request shall be treated as an application for authorization pursuant 
to Section 7 of the NGA.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 97-32974 Filed 12-17-97; 8:45 am]
BILLING CODE 6717-01-M
CERTIFICATION OF CHIEF FINANCIAL OFFICER
                          OF CORPORATE GENERAL PARTNER

            PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The  undersigned,  Robert A. Bourne,  the  President and Treasurer of CNL Realty
Corporation,  the  corporate  general  partner of CNL Income Fund IX, Ltd.  (the
"Partnership"),  has executed this  certification  in connection with the filing
with the Securities and Exchange  Commission of the Partnership's  Annual Report
on Form  10-K/A for the period  ending  December  31, 2002 (the  "Report").  The
undersigned hereby certifies 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 Partnership.

Date:  August 5, 2004               /s/ Robert A. Bourne
                                    --------------------------------------------
                                    Name:  Robert A. Bourne
                                    Title: President and Treasurer

                                    A signed original of this written  statement
                                    required by Section 906 has been provided to
                                    CNL  Income  Fund  IX,  Ltd.   and  will  be
                                    retained  by CNL Income  Fund IX,  Ltd.  and
                                    furnished  to the  Securities  and  Exchange
                                    Commission or its staff upon request.
UNITED STATES
               SECURITIES AND EXCHANGE COMMISSION
                     Washington, D.C.  20549
                                
                                
                                
                            FORM 8-K
                                
                                
                         CURRENT REPORT
                 Pursuant to Section 13 or 15(d)
             of the Securities Exchange Act of 1934
                                
                                
                                
                        October 22, 1998
                         Date of Report
                (Date of earliest event reported)
                                
                                
                     Temtex Industries, Inc.
     (Exact name of registrant as specified in its charter)
                                

      Delaware               0-5940               75-1321869
  (State or other         (Commission           (IRS Employer
  jurisdiction of         File Number)       Identification No.)
   incorporation)


            5400 LBJ Freeway
               Suite 1375
             Dallas, Texas                          75240
(Address of principal executive offices)          (Zip Code)


                         (972) 726-7175
       Registrant's telephone number, including area code
                                
                                
                               N/A
  (Former name or former address, if changed since last report)




<PAGE>



ITEM 5.   Other Events.

     As permitted by General Instruction F to Form 8-K
promulgated under the Securities Exchange Act of 1934, as
amended, Temtex Industries, Inc., a Delaware corporation (the
"Registrant"), is filing as an exhibit to this Current Report on
Form 8-K, that press release issued by and on behalf of the
Registrant on October 22, 1998, which such press release is
specifically incorporated herein by reference.


ITEM 7. Financial Statements And Exhibits

(a)  Not Applicable.

(b)  Not Applicable.

(c)  Exhibits.
     --------

     99.1      Press Release issued October 22, 1998 (filed herewith)
               


<PAGE>



                            SIGNATURE

     Pursuant to the requirements of the Securities Exchange Act
of 1934, the registrant has duly caused this report to be signed
on its behalf by the undersigned hereunto duly authorized.

                                   TEMTEX INDUSTRIES, INC.

Date:  October 22, 1998
                                   By:  /s/  R. N. STIVERS
                                      -------------------------
                                      R. N. Stivers
                                      Vice President-Finance


<PAGE>

                        INDEX TO EXHIBITS


  Exhibit                        Description
----------- ------------------------------------------------------
            
   99.1     Press Release issued October 22, 1998 (filed herewith)
#### In the Matter of John Pierino, Petitioner, v Matthew Brown, as Commissioner of General Services of City of Buffalo, et al., Respondents.

[722 NYS2d 845]

Order unanimously vacated without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Petitioner commenced this CPLR article 78 proceeding to challenge the determination of respondent Commissioner of General Services that petitioner was in violation of Buffalo City Code § 35-6. Supreme Court erred in transferring the proceeding to us pursuant to CPLR 7804 (g). The charges against petitioner were brought by respondent City of Buffalo under article 22 of the collective bargaining agreement, which required the appointment of a Hearing Officer and a hearing on the charges. Petitioner purports to raise a substantial evidence issue, which would warrant a transfer of the proceeding to this Court *(see,*CPLR 7804 [g]). That issue is raised only if an administrative hearing is “required by law” *(Matter of Incorporated Vil. of Valley Stream v State of New York Pub. Serv. Commn.,*107 AD2d 856, 857), however, and here it was not. “Since the hearing was mandated by the [collective bargaining] agreement and not by Civil Service Law § 75, the ‘substantial evidence’ standard of review does not apply and the ‘arbitrary and capricious’ standard is appropriate * * * Consequently, the proceeding was erroneously transferred to this [C]ourt” *(Matter of Marin v Benson,*131 AD2d 100, 103). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Erie County, Rath, Jr., J.) Present — Pine, J. P., Hayes, Hurlbutt, Scudder and Lawton, JJ.
#### Ralph H. BEARDEN, Jr., etc., Appellants, v. METROPOLITAN DADE COUNTY, Florida, Appellee.

No. 72-937.

District Court of Appeal of Florida, Third District.

Sept. 14, 1972.

PER CURIAM.

Appeal quashed.
FEDERAL TRADE COMMISSION 

WASHINGTON, D.C. 20580 NOTICE OF APPEARANCE 

CASE NAME In the Matter of FILEIDOCKET NUMBER
 Universal Computers and Electronics, Inc 009347 

dlbla Appliancebestbuys.com 

'-Pursuant to Section 4.1 of the Commission's Rule of Practice, enter in the above proceeding 

the appearance of 

IX counselor representative for the respondent (Complete items 1, 2, 4, and 5 below) 

counsel supporting the complaint (Complete items 1, 3, 4, and 5 below) 

1. COUNSEL OR REPRESENTATIVE 2. RESPONDENTS 

Include name, address and telephone of each Include address and telephone numbers of all persons, partnerships, 

corporations, or associations 

Universal Computers & Electronics, Inc. Universal Computers & Electronics, Inc. 

clo Manuel Santos agent of Universal clo Manuel Santos agent of Universal Computers &
 

Computers & Electronics, Inc. Electronics, Inc.


210 Stanton Street, Apt 616 210 Stanton Street, Apt 616 OR I GINA L
 

New York, NY 10002 New York, NY 10002
 

Tel: 646-476-3118 Tel: 646-476-3118
 

3. ASSOCIATE/ASSISTANT DIRECTOR 

5. DATE SIGNED 

- 1,2,--( 

H-135 

Federal Trade Commission 

600 Pennsylvania Ave. NW 

Washington, D.C. 20580 

FTC Form 232 (rev. 1/07)
Order entered August 1 , 2013

In The 

## Court of Appeals **Fifth District of Texas at Dallas**
No. 05
- 12
- 00913
- CR
ANTHONY BEANS , Appellant
V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 7 Dallas County, Texas Trial Court Ca use No. F11
- 72079
- Y 

### O RDER In this case, appellant raises an issue related to the costs assessed against him. The record, however, does not contain a cost bill or other document with an itemized list of costs assessed in this case. Accordingly, we ORDER the Dallas County District Clerk to file, within FIFTEEN DAYS of the date of this order, a supplemental clerk’s record containing a detailed itemization of the costs assessed in this case, including but not limited to, specific court costs, fees, and court appointed attorney fees. In accordance with Texas Code of Criminal Procedure article 103.001, the cost bill shall be signed by the officer who charged the cost or the officer who is entitled to receive payment for the cost. We further ORDER that the sup plemental clerk’s record include adocument explaining any and all abbreviations used to designate a particular fee, cost, or court appointed attorney fee.
We DIRECT the Clerk to send copies of this order, by electronic transmission, to Gary Fitzsimmons, D allas County District Clerk; Dallas County District Clerk’s Office, Criminal Records Division; and to counsel for all parties.

/s/ DAVID EVANS JUSTICE
[Federal Register Volume 62, Number 29 (Wednesday, February 12, 1997)]
[Notices]
[Page 6551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3418]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health


National Institute of Environmental Health Sciences; Notice of 
Closed Meeting

    Pursuant to Section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting:

    Name of Committee: Environmental Health Sciences Review 
Committee.
    Date: March 24-26, 1997.
    Time: 8:30 a.m. to Adjournment.
    Place: National Institute of Environmental Health Sciences, 
South Campus, Building 101, Conference Room B, Research Triangle 
Park, North Carolina.
    Contact Person: Dr. Ethel B. Jackson, Scientific Review 
Administrator, P.O. Box 12233, Research Triangle Park, NC 27709, 
(919) 541-7826.
    Purpose: To review and evaluate grant applications.
    The meeting will be closed in accordance with the provisions set 
froth in secs. 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. 
Applications and the discussions could reveal confidential trade 
secrets or commercial property such as patentable material, and 
personal information concerning individuals associated with the 
applications, the disclosure of which would constitute a clearly 
unwarranted invasion of personal privacy.

(Catalog of Federal Domestic Assistance Programs Nos. 93.113, 
Biological Response to Environmental Health Hazards; 93.114, Applied 
Toxicological Research and Testing; 93.115, Biometry and Risk 
Estimation; 93.894, Research and Manpower Development, National 
Institutes of Health)

    Dated: February 5, 1997.
LaVerne Y. Stringfield,
Committee Management Officer, NIH.
[FR Doc. 97-3418 Filed 2-11-97; 8:45 am]
BILLING CODE 4140-01-M
#### Donald Hugh GROSE, Appellant, v. Edward STACK, Sheriff, as Custodian of Broward County Jail, Appellee.

No. 73-69.

District Court of Appeal of Florida, Fourth District.

Dec. 7, 1973.

*221Raymond W. Russell, Fort Lauderdale, for appellant.

Philip S. Shailer, State’s Atty., and Robert G. Cowen, Asst. • State’s Atty., Fort Lauderdale, for appellee.

DOWNEY, Judge.

The question involved on this appeal is whether a defendant, incarcerated as a result of the temporary revocation of probation, pursuant to 949.10, F.S.1971, F.S.A., is entitled to be released from custody pending hearing, or completely discharged from the charge of violation of probation when he has not been afforded a hearing within ten days after his arrest.

When a person arrested for violation of the conditions of his probation, pursuant to 949.10, F.S.1971, F.S.A., has not been afforded a hearing within ten days as mandated by 949.11, F.S.1971, F.S. A., he is entitled to his “immediate release . . . from incarceration on the temporary revocation”, without bond, until such hearing is held. He is not entitled to be completely discharged or exonerated from the pending charge of violation of his probation.

Counsel have advised this court during oral argument that pending this appeal a hearing was held, defendant’s probation was revoked and sentence imposed. Ordinarily we would dismiss the matter as moot without comment. However, at the request of counsel, so as to settle the interpretation of the statute involved, we have treated the question.

This appeal is dismissed as moot.

CROSS and MAGER, JJ., concur.
#### K. G. MULLIS v. STATE.

No. 38228.

Supreme Court of Florida.

Feb. 1969.

Appeal dismissed without opinion. 220 So.2d 387.
EXHIBIT 23

                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

As independent public accountants, we hereby consent to the incorporation of our
report dated February 25, 2000,  included in this Form 10-K,  into the Company's
previously  filed  Registration  Statements  on Forms S-3 (File Nos.  333-14539,
333-71541, 333-91279,  333-91433, 333-94099,  333-94731), and on Forms S-8 (File
Nos. 333-50881, 333-71543, 333-92799, 333-92807).

ARTHUR ANDERSEN LLP

Phoenix, Arizona,
   March 27, 2000.
[Federal Register Volume 62, Number 29 (Wednesday, February 12, 1997)]
[Notices]
[Page 6555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3422]


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

DEPARTMENT OF THE INTERIOR
[AZ-930-5440-A015; AZAR 035683]


Public Land Order No. 7243; Revocation of Secretarial Order Dated 
March 8, 1938; Arizona

AGENCY: Bureau of Land Management, Interior.

ACTION: Public land order.

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

SUMMARY: This order revokes a Secretarial order, insofar as it affects 
3.75 acres of public land withdrawn for use by the Federal Aviation 
Administration. The revocation is needed to allow the conveyance of the 
land to the city of Tempe in accordance with the sale provisions of 
Sections 203 and 209 of the Federal Land Policy and Management Act of 
1976. The land is temporarily closed to surface entry and mining due to 
the pending conveyance. The land has been and will remain open to 
mineral leasing. The Federal Aviation Administration has agreed to this 
revocation.

EFFECTIVE DATE: February 12, 1997.

FOR FURTHER INFORMATION CONTACT: Carol Kershaw, BLM Arizona State 
Office, P.O. Box 16563, Phoenix, Arizona 85011, 602-417-9235.
    By virtue of the authority vested in the Secretary of the Interior 
by Section 204 of the Federal Land Policy and Management Act of 1976, 
43 U.S.C. 1714 (1988), it is ordered as follows:
    1. The Secretarial Order dated March 8, 1938, which withdrew public 
land for Air Navigation Site No. 118, is hereby revoked insofar as it 
affects the following described land:

Gila and Salt River Meridian

T. 1 N., R. 4 E.,
    Sec. 17, N\1/2\N\1/2\NW\1/4\NW\1/4\NW\1/4\ and N\1/2\NW\1/
4\NE\1/4\NW\1/4\NW\1/4\.

    The area described contains 3.75 acres in Maricopa County.

    2. The land described above is hereby made available for conveyance 
under Sections 203 and 209 of the Federal Land Policy and Management 
Act of 1976, 43 U.S.C. 1713 and 1719 (1988).

    Dated: February 4, 1997.
Bob Armstrong,
Assistant Secretary of the Interior.
[FR Doc. 97-3422 Filed 2-11-97; 8:45 am]
BILLING CODE 4310-22-P