alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of the Claim of Eladio Arzuaga, Appellant. Thomas F. Hartnett, as Commissioner of Labor, Respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 22, 1990, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct and charged him with a recoverable overpayment of benefits.

The evidence established that upon claimant’s transfer to the employer’s warehouse, he demanded a raise; in response to the employer’s refusal and his being told that there was nothing else available for him and that there might be a possible raise in the future, claimant stated that the proposal was "not good enough” and left. Under the circumstances, the Unemployment Insurance Appeal Board could have properly found that claimant "without good cause refused a reasonable request of the employer and thus was guilty of misconduct” *(Matter of Flores [Levine],*50 AD2d 1006, 1007; *see, Matter of De Cherro [Ross],*83 AD2d 709, *lv denied*55 NY2d 603). To *1045the extent that claimant’s version of the facts differed from the employer’s, this presented a question of credibility which was within the exclusive province of the Board to resolve *(see, Matter of Padilla [Sephardic Home for the Aged—Roberts],*113 AD2d 997). In addition, the Board also properly held that the overpayments made to claimant were recoverable *(see, Matter of Barber [Roberts],*121 AD2d 767). Claimant’s remaining contentions have been considered and found to be lacking in merit.

Decision affirmed, without costs. Weiss, J. P., Yesawich, Jr., Levine, Mercure and Harvey, JJ., concur.
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                                            <C>
<PERIOD-TYPE>                                  YEAR
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-START>                                 JAN-1-1998
<PERIOD-END>                                   DEC-31-1998
<CASH>                                         21,751,057
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               21,751,057
<PP&E>                                         38,625,000
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 60,376,057
<CURRENT-LIABILITIES>                           4,164,168
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     56,211,889
<TOTAL-LIABILITY-AND-EQUITY>                   60,376,057
<SALES>                                        0
<TOTAL-REVENUES>                               0
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                0
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   0
<EPS-PRIMARY>                                  0
<EPS-DILUTED>                                  0
        


</TABLE>
TmE ATFORNEY GENERAL 

OF -XAS 

oonld c. mm AunTlN il. TlcxAm 

A-"*e QI*- mwoh 9, 1939 

Bomrabla Robert D. Pmn 

county Attosory 

hool, Tam 

Ihu Plei OPlnioa P 0-b 

DOM Artiolo rowlro 2/3?48 

r o ta in l ll o o untWy lQ r o d 

b o nd ll~tlolm? 

IQ nply to your roqwrt or Yarrh 3rd. far an 

0piIllon & thla Doprt4mlt 8ovorios the rozwIruotioa or 

rrtlrlr 752h or the Rovl~od Cl61 f%tuto. af 192& mad 

ti~0irlo~li~ eot~irrg sour qu00tloa whlab 18 8a sollow8: 

*Dow Artiole 752h roqulre 2/3Tdo vote in all 

ownty wide rwc JmIc olootlow?= 

Yo u o r e l dvlaod that ia our opinion, artlala 752h 

nqulroa 8 2/Jrdr n8jorlty vote Of the r08ldOst Pro Fty 

tex paylw, votua VotlaC, st rwh eleotloa to author r ze t& 

ls8uancl4 or road bond8 on tha i&h 4ad arodit or any 

oouoty or poUtlo ru~lVl8100 0T rod dl8trlat, l 8 t&O 

Oa6e WY k. 

iMAul 7128 to Artlolo 75 romrlboc; 

?iip 

the pauw 

and authority or sag oounty or ally po t Ml SUbofVi8loa of 

l oountp, or any mad-dlatrlrt that haa bna, or my &roart&r k ueeted by may gwtual or apaolal 1.n to lDew 

bonds forth ~p0800 0r 00~kwtin(5,~0~t0i~,~ 

0 UOt& BW4lbdWd~d, #@tOlOd m 

P 

voc roads or turnp km, or in sit than@. T&W &a ai Art&a wa8 

l meted br tho Thirty--nfnth LoGlelatun Pimt Called reb 

slon of 1.926, cnC at uhloh :ermlon Artfeloa 726 to 752 mere 

-It at euoh l lsotloa two-tblrdo OS tlu 

proputy tax poylac: rotora oest tholr ballotr 

In revoir 43s tha lasu~o oi bowls, th* oamlsalowr8* oourt ah6U, aa mea theroaiter 08 

prrotloeblb, lswe said benida on the i&th sod 

ordlt or rmld oounty, polltlorl rabdl~l8lm 

or tidind clztrlot, l 8 th o 01 ~8 sia yk io .~ 

:?e ttdak thue o en k no questloa but that tt w88 

th0 lnt~nticm or tb L4ei814tau0 t0 purmlt th0 l0mtaus# 

of boa08 oaly upon l two-thfrda ncrjorlty vote of tko qwlirid tax payia~ votora, voting therdn, remrdlcnr ob 

*4th~ w m it MS •~ 4i00tiorrrrf00ti88 li 0om a8 l 

whole, a derlmd road dlstrlot, or 8 polltloal au bd v181oa. 
Boa. noborb D. I'man, ltnrsh 9, 1939, - a 

~,r~ah aa 8 rdarlomm preolr~ot or 8 Jootloo 

oah bo%ag tho oaae them mn k llttlo doubt ?z 

that ; &anty rldm road boldl rlootlon rould riquln, l e 

i 

ority vote or two-thirds of t& votorr to rutborlte tb 

5-e or bonba.
* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED
February 27, 2006
Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-41444 Summary Calendar

UNITED STATES OF AMERICA,
Plaintiff-Appellee,

versus

ANGEL ARELLANO-RAMIREZ,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 7:04-CR-346-ALL

-------------------- Before SMITH, GARZA, and PRADO, Circuit Judges:

PER CURIAM: *

Angel Arellano-Ramirez appeals his guilty-plea conviction and

sentence for be ing unlawfully present in the United States

following deportation. He argues that the district court committed

reversible error under Unit ed States v. Booker , 543 U.S. 220

(2005), by sentencing him pur suant to a mandatory application of

the guidelines. As the Government concedes, Arellano preserved

this issue for review by raising an objection based upon Blakely v.
Washington
, 542 U.S. 296 (2004), in the district court. S ee UnitedNo. 04-41444 -2-

States v. Walters
, 418 F.3d 461, 462-63 (5th Cir. 2005).

Accordingly, the question before us “is whether the government has

met its burden to show harmless error beyond a reasonable doubt.”

Id. at 464.

The district court erred by sentencing Arel lano under the

mistaken belief that the guidelines were mandatory. S ee United

States v. Valenzuela-Quevedo , 407 F.3d 728, 732 (5th Cir.), cert.

d enied , 126 S. Ct. 267 (2005). While the district court denied

Arellano’s request fo r a downward departure, it sentenced him at

the low end of the guidelines range and did not state what sentence
it would impose if the guidelines were held unconstitutional. In

these circu mstances, the Government has not met its “arduous

burden” of showing that the error was harmless. United States v.

Garza , 429 F.3d 165, 170 (5th Cir. 2005) (internal quotation marks

omitted). Accordingly, we vacate Arellano’s sentence and remand to

the district court for resentencing.

Arellano’s constitutional challenge is foreclosed by

Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998).

Although Arellano contends that Almendarez-Torres was incorrectly

decided and that a majority of the Supreme Court would overrule

Almendarez-Torres in light of Apprendi v. New Jersey , 530 U.S. 466

(2000), we have repeatedly rejected such arguments on the basis

that Almendarez-Torres remains binding. S ee United States v.

Garza-Lopez , 410 F.3d 268, 276 (5th Cir.), cert. denied
, 126 S. Ct.

298 (2005 ). Arellano properly concedes that his argument isNo. 04-41444 -3-

foreclosed in light of Almendarez-Torres and circuit precedent, but

he raises it here to preserve it for further review.

CONVICTION AFFIRMED; SENTENCE VACATED; REMANDED FOR

RESENTENCING.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Securities and Exchange Commission

Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94-409, that the Securities and Exchange Commission will hold a Closed Meeting on Thursday, March 8, 2012 at 2 p.m.

Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the Closed Meeting. Certain staff members who have an interest in the matters also may be present.

The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR 200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the scheduled matters at the Closed Meeting.

Commissioner Walter, as duty officer, voted to consider the items listed for the Closed Meeting in a closed session.

The subject matter of the Closed Meeting scheduled for Thursday, March 8, 2012 will be:

Institution and settlement of injunctive actions;

Institution and settlement of administrative proceedings;

A litigation matter;

An adjudicatory matter; and

Other matters relating to enforcement proceedings.

At times, changes in Commission priorities require alterations in the scheduling of meeting items.

For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at (202) 551-5400.

 Dated: March 1, 2012.

Elizabeth M. Murphy, 

Secretary.

[FR Doc. 2012-5469 Filed 3-2-12; 11:15 am]

BILLING CODE 8011-01-P
## Before the United States Department of Transportation 

## Washington, DC September 21,2012

Essential AirService at DICKINSON, NORTH DAKOTA Docket OST-1995-697 under49 U.S.C. 41731 

### et.seq.

This document contains Great Lakes Aviation, Ltd.'s response to Order Requesting Proposals 2012-8-37. 1.:
..)**~~--···**j '**~:**

·::....

/J co

Great LakesAviation, Ltd. is pleased to inform the Department ofTransportation that based on recent increases in passengertraffic and the associated revenue, it will cease to require subsidy at Dickinson, ND effective February 1, 2013. Great Lakes will continue to provide scheduled air service subisdy free beyond that date. Questions and comments may be referred to:
Michael 

### 0. Matthews Vice President & Chief Financial Officer Great Lakes Aviation, Ltd. 1022 Airport Parkway Cheyenne, VVY 82001 (307) 432-7000
**Exhibit 32.1**

**CERTIFICATION PURSUANT TO**

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

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the Quarterly Report of CBRE Realty Finance, Inc.(the “Company”) on Form 10-Q for the period ending June 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the “ Report”), I, Keith Gollenberg, President and Chief Executive Officerof the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that: 

1. The Report fully complies with the requirements of section 13(a) 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 result ofoperations of the Company. 

 

November 9, 2006
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF LS POWER FUNDING CORPORATION AS OF AND FOR THE YEAR
ENDED DECEMBER 31, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                               1
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     1
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 338,473
<CURRENT-LIABILITIES>                                0
<BONDS>                                        332,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           1
<TOTAL-LIABILITY-AND-EQUITY>                   338,473
<SALES>                                              0
<TOTAL-REVENUES>                                25,886
<CGS>                                                0
<TOTAL-COSTS>                                   25,886
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         0
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
[Federal Register Volume 77, Number 46 (Thursday, March 8, 2012)]
[Notices]
[Page 14046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5599]


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

DEPARTMENT OF JUSTICE

Antitrust Division


Amended Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--ASTM International Standards

    Notice is hereby given that, on February 10, 2012, pursuant to 
Section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act''), ASTM International 
Standards (``ASTM'') has filed written notifications simultaneously 
with the Attorney General and the Federal Trade Commission disclosing 
additions or changes to its standards development activities. The 
notifications were filed for the purpose of extending the Act's 
provisions limiting the recovery of antitrust plaintiffs to actual 
damages under specified circumstances. Specifically, ASTM has provided 
an updated list of current, ongoing ASTM standards activities 
originating between December 2011 and February 2012 designated as Work 
Items. A complete listing of ASTM Work Items, along with a brief 
description of each, is available at http://www.astm.org.
    On September 15, 2004, ASTM filed its original notification 
pursuant to Section 6(a) of the Act. The Department of Justice 
published a notice in the Federal Register pursuant to Section 6(b) of 
the Act on November 10, 2004 (69 FR 65226).
    The last notification was filed with the Department on December 5, 
2011. A notice was published in the Federal Register pursuant to 
Section 6(b) of the Act on January 9, 2012 (77 FR 1085).

Patricia A. Brink,
Director of Civil Enforcement, Antitrust Division.
[FR Doc. 2012-5599 Filed 3-7-12; 8:45 am]
BILLING CODE;P
exv10w27



 





Exhibit 10.27




Amendment to Stock Option Agreement and Notice




     This
Amendment to Stock Option Agreement is made on the 27th day of December, 2006 by and
between Cyberonics, Inc., a Delaware corporation (the “Company”) and Stanley Appel, M.D.
(“Optionee”).



     Whereas, the Company and Optionee entered into a Stock Option Agreement having a grant date of
December 12, 1996, which agreement includes a Notice of Stock Option Grant (collectively, the
“Agreement”); and



     Whereas, the Company and Optionee now desire to amend the Agreement to extend the period for
Optionee to exercise the option granted under the Agreement to December 31, 2006;



     Now, Therefore, for a good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:



     1. The paragraph entitled, “Termination Period,” under “Notice of Stock Option Grant” is
deleted in its entirety, and the following is substituted therefor: “The Option may be exercised
on or prior to December 31, 2006.”



     2. Except as expressly amended herein, the terms of the Agreement remain unchanged.



     IN WITNESS WHEREOF, the undersigned parties have executed this Amendment voluntarily and of
their own free will.



	 	 	 	 	 	 	 
	OPTIONEE

	 	 	 	 	 	CYBERONICS, INC.
	 
	 	 	 	 	 	 
	/s/
Stanley Appel

	 	 	 	By:	 	 /s/ John A. Riccardi
	 

	 	 	 	 	 	 
	Stanley Appel, M.D.

	 	 	 	 	 	John A. Riccardi
	 

	 	 	 	 	 	Chief Financial Officer
**EXHIBIT 31.1****CERTIFICATIONS**I, Frank C. Spencer, certify that:1. I have reviewed this quarterly report on Form 10-Q of Cogdell Spencer Inc.; 2. Based on my knowledge, this quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, in lightof the circumstances under which such statements were made, not misleading with respect to theperiod covered by this quarterly report; 3. Based on my knowledge, the financial statements, and other financial information included inthis quarterly 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 presentedin this quarterly report; 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 quarterly report is being prepared;  (b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this quarterly report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of the periodcovered by this quarterly report based on such evaluation; and  (c) Disclosed in this quarterly report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’s most recentfiscal 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, theregistrant’s internal 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 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 reasonably 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: December 9, 2005 By: /s/ Frank C. Spencer       Name: Frank C. Spencer  Title: Chief Executive Officer