alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Joseph BRYANT, Plaintiff-Appellee, v. CAREER SERVICE AUTHORITY and Career Service Board, Defendants-Appellants.

No. 87CA0053.

Colorado Court of Appeals, Div. III.

June 30, 1988.

*1038Barry D. Roseman, Denver, for plaintiff-appellee.

Stephen H. Kaplan, City Atty., John R. Palermo, Asst. City Atty., Denver, for defendants-appellants.

HUME, Judge.

Defendants, Career Service Authority and Career Service Board, appeal the district court order to reallocate the position of plaintiff, Joseph Bryant. We reverse.

Plaintiff’s responsibilities and duties as stockkeeper for the Denver Department of Public Works were somewhat changed, and he sought to have his position reallocated to a higher job classification. After a hearing, the hearing officer found that although plaintiff performed numerous duties outside of his job class, reallocation was not warranted because he did not spend more than 50% of his time on those duties. Defendants affirmed the hearing officer’s decision. The district court reversed, finding that “significant changes” had occurred in plaintiff’s position and it should be reallocated.

Defendants contend that their decision was not arbitrary and capricious. Defendants argue that the board properly interpreted its own rules concerning reallocation. We agree.

The rules provide that a position “may be reallocated” where, among other conditions, “significant changes have occurred in the level of duties and responsibilities of the position, rather than changes in the performance of the incumbent.” Denver Career Service Personnel Rule 7-66(b)(1). The term “significant changes” is not defined in the rule. The agency’s interpretation of the rule should be given great weight unless plainly erroneous or inconsistent with the rule. *Department of Administration v. State Personnel Board,*703 P.2d 595 (Colo.App.1985).

Here, while the rule does not expressly require that more than 50% of the employee’s time be spent on new duties, that interpretation is not inconsistent with the common meaning of significant changes. Therefore, the district court erred in reversing the agency’s decision and substituting its discretion for that of the agency. *See Saint Luke’s Hospital v. Colorado Civil Rights Commission,*702 P.2d 758 (Colo.App.1985).

We need not reach defendants’ argument concerning the timeliness of the complaint in district court.

The judgment is reversed.

STERNBERG and METZGER, JJ., concur.
----

            COUNCIL DECISION 2006/229/JHA

of 9 March 2006         

fixing the date of application of certain provisions of Decision 2005/211/JHA concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (1), and in particular to Article 2(4) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

Article 1(7) of Decision 2005/211/JHA, new Article 100(3)(e), shall apply from 31 March 2006.

Article 2

This Decision shall take effect on the date of its adoption. It shall be published in the Official Journal of the European Union.

Done at Brussels, 9 March 2006.

For the Council

The President

J. PRÖLL            

----

(1)OJ L 68, 15.3.2005, p. 44.

(2)  Council document 13054/04 accessible on http://register.consilium.eu.int

(3)OJ L 176, 10.7.1999, p. 31.

(4)OJ L 368, 15.12.2004, p. 26.

(5)OJ L 370, 17.12.2004, p. 78.

----
**Exhibit 10.53**

 

REVOLVING NOTE 

 

 

FOR VALUE RECEIVED,the undersigned, (hereinafter “Co-Borrowers”), hereby, jointly and severally, PROMISES TO PAY to the order of WELLS FARGO BUSINESS CREDIT, INC. (“Lender”), or its registered assigns, at the principal office of Fleet CapitalCorporation, as agent for such Lender, or at such other place in the United States of America as the holder of this Note may designate from time to time in writing, in lawful money of the United States of America and in immediately available funds,the principal amount of TWENTY-FIVE MILLION DOLLARS ($25,000,000.00) or such lesser principal amount as may be outstanding pursuant to the Loan Agreement (as hereinafter defined) with respect to the Revolving Credit Loan, together with interest onthe unpaid principal amount of this Note outstanding from time to time. 

 

This Note is one of the Revolving Credit Notes referred to in, and issued pursuant to, that certain Fourth Amended and Restated Loan and Security Agreement dated as of October     , 2004, by and amongCo-Borrowers, the lender signatories thereto (including Lender) and Fleet Capital Corporation (“Fleet”), as agent for such Lenders (Fleet in such capacity “Agent”) (hereinafter amended from time to time, the “LoanAgreement”), and is entitled to the benefit and security of the Loan Agreement. All of the terms, covenants and conditions of the Loan Agreement and the Security Documents are hereby made a part of this Note and are deemed incorporated hereinin full. All capitalized terms herein, unless otherwise specifically defined in this Note, shall have the meanings ascribed to them in the Loan Agreement. 

 

The principal amount of the indebtedness evidenced hereby shall be payable in the amounts and on the dates specified in the Loan Agreement and, if notsooner paid in full, on October 25, 2009, unless the term hereof is extended in accordance with the Loan Agreement. Interest thereon shall be paid until such principal amount is paid in full at such interest rates and at such times as are specifiedin the Loan Agreement. 

 

Upon and after the occurrence, andduring the continuation, of an Event of Default, this Note shall or may, as provided in the Loan Agreement, become or be declared immediately due and payable. 

 

The right to receive principal of, and stated interest on, this Note may only be transferred in accordance with the provisions of the Loan Agreement.

 

Demand, presentment, protest and notice of nonpayment andprotest are hereby waived by Co-Borrowers. 

 

***Revolving Note Signature Page***

 

This Note shall be interpreted, governed by, and construed in accordance with, the internal laws of the State of Illinois.

 
**PW EAGLE, INC.**, a Minnesota corporation and successor by merger to Extrusion Technologies, Inc. ****By: 
/s/ Dobson West
  Name: 
Dobson West
  Title: 
Secretary
Exhibit 31.2

                  CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER

I, Francis A. Rebello, certify that:

1. I have reviewed this Quarterly Report on Form 10-QSB of Southern Sauce
Company, Inc. for the quarter ended June 30, 2006;

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 small business
issuer as of, and for, the periods presented in this report;

4. The small business issuer's other certifying officer 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 small business issuer 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 small business issuer'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 small business issuer's
   internal control over financial reporting that occurred during the small
   business issuer's most recent fiscal quarter (the small business issuer's
   fourth fiscal quarter in the case of an annual report) that has materially
   affected, or is reasonably likely to materially affect, the small business
   issuer's internal control over financial reporting; and;

5. The small business issuer's other certifying officer and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the small business issuer's auditors and the audit committee of
the small business issuer'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 controls
   over financial reporting.

Date: August 4, 2006

/s/ Francis A. Rebello
    Treasurer
**Exhibit 32.1**

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED BY SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

I, Paul D. Melnuk,as Chairman of the Board and Chief Executive Officer of Thermadyne HoldingsCorporation (the “Company”) certify, pursuant to 18 U.S.C. § 1350, as adoptedby Section 906 of the Sarbanes-Oxley Act of 2002, that to myknowledge:

(1)   Theaccompanying Form 10-K report for the year ended December 31,2005 as filed with the U.S. Securities and Exchange Commission (the “Report”)fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934, as amended;

(2)   The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.
| Dated: August 3, 2006 |   |                      |
|-----------------------|--------|---------------------------|
|                  | By:    | /s/ PAUL  D. MELNUK       |
|                  |   | Paul D. Melnuk            |
|                  |   | *Chief Executive Officer* |

 

** **

----
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 489 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
S. RES. 489

     Supporting the goals and ideals of ``Growth Awareness Week''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 26, 2014

Mr. Kirk submitted the following resolution; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                               RESOLUTION

 
     Supporting the goals and ideals of ``Growth Awareness Week''.

Whereas, according to the Pictures of Standard Syndromes and Undiagnosed 
        Malformations database (commonly known as the ``POSSUM'' database), more 
        than 600 serious diseases and health conditions cause growth failure;
Whereas health conditions that cause growth failure may affect the overall 
        health of a child;
Whereas short stature may be a symptom of a serious underlying health condition;
Whereas children with growth failure are often undiagnosed;
Whereas, according to the MAGIC Foundation for children's growth, 48 percent of 
        children in the United States who were evaluated for the 2 most common 
        causes of growth failure were undiagnosed with growth failure;
Whereas the longer a child with growth failure goes undiagnosed, the greater the 
        potential for damage and higher costs of care;
Whereas early detection and a diagnosis of growth failure are crucial to ensure 
        a healthy future for a child with growth failure;
Whereas raising public awareness of, and educating the public about, growth 
        failure is a vital public service;
Whereas providing resources for identification of growth failure will allow for 
        early detection; and
Whereas the MAGIC Foundation for children's growth has designated the third week 
        of September as ``Growth Awareness Week'': Now, therefore, be it
    Resolved, That the Senate--
            (1) designates the third week of September 2014 as ``Growth 
        Awareness Week''; and
            (2) supports the goals and ideals of ``Growth Awareness 
        Week''.
                                 <all>
```
III 

113TH CONGRESS 

2D SESSION S. RES. 432 

Recognizing the efforts of the National Park Service and others in restoring 

and repairing the Washington Monument. 

IN THE SENATE OF THE UNITED STATES 

MAY 1, 2014 

Mr. WHITEHOUSE submitted the following resolution; which was referred to 

the Committee on Energy and Natural Resources 

RESOLUTION 

Recognizing the efforts of the National Park Service and 

others in restoring and repairing the Washington Monument. 

Whereas the employees of the National Park Service work 

tirelessly to maintain the beauty of the 401 national 

parks of the United States, revitalize communities, preserve local history, celebrate local heritage, and create 

outdoor recreation for children and families; 

Whereas the Washington Monument was built between 1848 

and 1884 to commemorate George Washington, the commander-in-chief of the Continental Army during the 

American Revolutionary War and the first President of 

the United States; 

Whereas the Washington Monument is a symbol of unity and 

freedom in the United States and is the distinguishing 

feature of the skyline in Washington, DC; 


sroberts on DSK5SPTVN1PROD with BILLS
2 

•SRES 432 IS 

Whereas the Washington Monument is admired by more than 

25,000,000 individuals who visit The National Mall each 

year; 

Whereas the Washington Monument was closed for over 21⁄2

years for necessary repairs after being damaged by an 

earthquake in 2011; 

Whereas engineers examined each of the 9,040 marble stones 

on the exterior of the Washington Monument and many 

of the more than 10,000 granite stones on the interior 

of the monument to ensure that the repair of the monument was sound and complete; 

Whereas during the rehabilitation, the Washington Monument was covered with scaffolding, markedly altering its 

appearance; 

Whereas although the Washington Monument was closed during rehabilitation, the 488 lights on the scaffolding of the 

monument illuminated the night sky of the United States 

capital and provided visitors and residents with a sight 

of unexpected beauty; and 

Whereas the repair of the Washington Monument would not 

have been possible without the vision and dedication of 

the National Park Service, contractors of the National 

Park Service, and generous philanthropic support: Now, 

therefore, be it 

1 Resolved, That the Senate— 

2 (1) pays tribute to the National Park Service, 

3 contractors of the National Park Service, and all in4 dividuals who contributed to the restoration of the 

5 Washington Monument; and 


sroberts on DSK5SPTVN1PROD with BILLS
3 

•SRES 432 IS 

1 (2) calls on the people of the United States to 

2 recognize the hard work of the National Park Serv3 ice in preserving the monuments of the United 

4 States. 

Æ 


sroberts on DSK5SPTVN1PROD with BILLS
-80 -78 -76 -74 -72

 36

 38

 40

★

▲

▲

▲

▲

★

▲

▲ ▲

▲

 500

 1000

 1500

 500

18 12 06 00

05/29

NOAA HYSPLIT MODEL

 Backward trajectory ending at 2300 UTC 29 May 06

 EDAS Meteorological Data

Source

★ at 39.41 N 76.30 W Meters AGL
Court of Appeals

Sixth Appellate District of Texas

J U D G M E N T

Raymond Earl Barnett, Appellant

No. 06-14-00149-CR v.

The State of Texas, Appellee

Appeal from the 336th District Court of 

Fannin County, Texas (Tr. Ct. No. 20922). 

Opinion delivered by Justice Burgess, Chief 

Justice Morriss and Justice Moseley

participating.

As stated in the Court’s opinion of this date, we vacate the trial court’s judgment nunc 

pro tunc. 

We note that the appellant, Raymond Earl Barnett, has adequately indicated his inability 

to pay costs of appeal. Therefore, we waive payment of costs.

RENDERED JULY 24, 2015

BY ORDER OF THE COURT

JOSH R. MORRISS, III

CHIEF JUSTICE

ATTEST:

Debra K. Autrey, Clerk
An official website of the United States government         Here's how you know         
**Official websites use .mil**
A **.mil** website belongs to an official U.S. Department of Defense organization in the United States.
**Secure .mil websites use HTTPS**
 A **lock (lock )** or **https://** means you’ve safely connected to the .mil website. Share sensitive information only on official, secure websites.

Skip to main content (Press Enter).

Defense Logistics AgencyThe Nation's Combat Logistics Support Agency

Search
Search

Search

-  Home		 
-  What DLA Offers    -  Excess Property Disposal             
  -  Document Services             
  -  Products             
  -  Services             
  -  Programs 
-  Working With DLA    -  Applications             
  -  Small Business             
  -  Federal and International Cataloging             
  -  Defense Data Standards             
  -  Events             
  -  Procurement Policies             
  -  Government Programs             
  -  Forms 
-  Organizations    -  DLA Headquarters             
  -  DLA Aviation             
  -  DLA Disposition Services             
  -  DLA Distribution             
  -  DLA Energy             
  -  DLA Land and Maritime             
  -  DLA Troop Support             
  -  DLA CENTCOM & SOCOM             
  -  DLA Europe & Africa             
  -  DLA Indo-Pacific 
-  Customer Support    -  Self Help Tools             
  -  How to Order             
  -  Find Your Order             
  -  Customer Facing Offices             
  -  Training             
  -  Brochures             
  -  Warfighter Support             
  -  Customer Service Management 
-  Careers		 
-  About DLA    -  Contact Us             
  -  Locations             
  -  Leaders             
  -  News             
  -  History             
  -  Media Gallery             
  -  DLA Campaigns 

HomeAbout DLAImages

# DLA Images

Search

Search

                                  - All Images 
                                  - Other 

                                  - Upload Date
                                  - Photo Date
                                  - Title

Share

----

Download Image: Small ()Medium ()Full Size (0.14 MB)

Tags:Darryl Ball 

Photo by:VIRIN: 

Photo Gallery
<TABLE> <S> <C>

<ARTICLE>               9
<LEGEND>
This schedule contains summary financial information extracted from the March
31, 2000 financial statement and is qualified in its entirety by reference to
such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          MAR-31-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                       2,131,302
<INT-BEARING-DEPOSITS>                          97,426
<FED-FUNDS-SOLD>                             5,385,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                  7,138,482
<INVESTMENTS-CARRYING>                         200,000
<INVESTMENTS-MARKET>                           185,445
<LOANS>                                     62,360,994
<ALLOWANCE>                                    482,359
<TOTAL-ASSETS>                              82,464,022
<DEPOSITS>                                  59,633,433
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                            488,926
<LONG-TERM>                                 16,715,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       753,570
<OTHER-SE>                                   4,873,093
<TOTAL-LIABILITIES-AND-EQUITY>              82,464,022
<INTEREST-LOAN>                              4,946,955
<INTEREST-INVEST>                              452,352
<INTEREST-OTHER>                               224,191
<INTEREST-TOTAL>                             5,623,498
<INTEREST-DEPOSIT>                           2,135,265
<INTEREST-EXPENSE>                           2,871,099
<INTEREST-INCOME-NET>                        2,752,399
<LOAN-LOSSES>                                   78,000
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                              2,437,508
<INCOME-PRETAX>                                713,519
<INCOME-PRE-EXTRAORDINARY>                           0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   463,188
<EPS-BASIC>                                       0.62
<EPS-DILUTED>                                     0.62
<YIELD-ACTUAL>                                    3.90
<LOANS-NON>                                    118,365
<LOANS-PAST>                                    13,222
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                275,867
<ALLOWANCE-OPEN>                               404,385
<CHARGE-OFFS>                                    4,986
<RECOVERIES>                                     4,960
<ALLOWANCE-CLOSE>                              482,359
<ALLOWANCE-DOMESTIC>                           482,359
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
Exhibit 10.(b)


 


CONSENT OF
INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


 


We hereby consent to the
use in this Registration Statement on Form N-4 (File No. 333-115212)
of our report dated March 31, 2010, relating to the consolidated financial
statements and financial statement schedules of Protective Life Insurance
Company and subsidiaries, which appears in such Registration Statement.  We also consent to the use in this
Registration Statement on Form N-4 (File No. 333-115212) of our
report dated April 23, 2010, relating to the financial statements of
Protective Variable Annuity Separate Account, which appears in such
Registration Statement.  We also consent
to the reference to us under the heading “Experts” in such Registration
Statement.


 


 


/s/ PricewaterhouseCoopers
LLP


 


PricewaterhouseCoopers
LLP


Birmingham, Alabama


April 27, 2010