alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Thomas James SAVAGE, Plaintiff-Appellant, v. The STATE of Colorado, DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, Defendant-Appellee.

No. 84CA0501.

Colorado Court of Appeals, Div. II.

June 20, 1985.

Bradley J. Yoder, Paul Snyder, Castle Rock, for plaintiff-appellant (on the briefs).

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Steven M. Bush, Asst. Atty. Gen., Denver, for defendant-appellee.

KELLY, Judge.

Plaintiff, Thomas James Savage, appeals from the trial court judgment affirming an order of the Colorado Department of Revenue, Motor Vehicle Division (the Department) which extended the period of suspension of his driver’s license. We affirm.

On February 23, 1983, plaintiff’s driving privileges were reinstated from a prior sus*329pension. On the same day, plaintiff received a speeding ticket which subsequently resulted in a conviction. At a hearing before the Department to determine whether the suspension of his license should be extended because of that conviction, plaintiff argued that the evidence failed to establish that the violation had occurred prior to the reinstatement and that it was therefore insufficient to support an extension of suspension.

The hearing officer ordered an extension of the suspension period, noting in his hearing report that he had reviewed a copy of the citation which showed that the violation occurred at 7:17 A.M. on February 23. He also noted that the Department did not open for the purpose of conducting business until 8:30 A.M. and that the violation therefore occurred prior to the reinstatement. The district court affirmed the hearing officer’s decision.

On appeal, plaintiff contends that the Department’s decision is not supported by substantial evidence because the records presented at his hearing did not establish that the violation occurred before the reinstatement. We disagree.

An agency is entitled to take notice of information which is contained in its records. *Aurora v. Civil Service Commission,*40 Colo.App. 98, 570 P.2d 253 (1977). Section 42-2-130(3), C.R.S. (1984 Repl. Vol. 17) authorizes the Department to examine its records to determine whether an offense has been committed during a period of suspension or revocation and to determine whether such period should be extended.

Here, it is undisputed that the citation which provided the basis for the Department’s decision was not presented at the hearing but was contained in the Department’s records. It is also undisputed that the citation was a matter of public record and was available to plaintiff upon his request. At the hearing, plaintiff was informed of the facts and information upon which the hearing officer relied and did not contest their accuracy.

Under these circumstances, we conclude that the hearing officer did not err in taking notice of the information contained in the citation.

Judgment affirmed.

SMITH and METZGER, JJ., concur.
Exhibit 31.1**CERTIFICATIONS**I, B.K. Gogia, certify that:1. I have reviewed this quarterly report on Form 10-QSB of InferX Corporation;2. Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by thisreport;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 of operationsand 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(s) and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the small business issuer and have:     (a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe small business issuer, including its consolidated subsidiaries, is made known to us by otherswithin 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 andprocedures and presented in this report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this report based on suchevaluation; and     (c) Disclosed in this report any change in the small business issuer’s internal control overfinancial 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 hasmaterially affected, or is reasonably likely to materially affect, the small business issuer’sinternal control over financial reporting; and5. The small business issuer’s other certifying officer(s) and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the small business issuer’sauditors and the audit committee of the small business issuer’s board of directors (or personsperforming the equivalent functions):     (a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affect the smallbusiness issuer’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 asignificant role in the small business issuer’s internal control over financial reporting.        Date: June 13, 2007/s/ B.K. Gogia   B.K. Gogia   Chief Executive Officer
#### The People of the State of New York, Respondent, v Michael Wilson, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Sherman, J.), rendered June 7, 1988, convicting him of reckless endangerment in the first degree, criminal possession of a weapon in the second degree, and criminal possession of a hypodermic instrument, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant argues that the trial court’s instructions on intent implied that the jury need not determine the question of intent with respect to that count of the indictment which charged him with criminal possession of a weapon in the *665second degree *(see,*Penal Law § 265.03). As the defendant acknowledges, however, his trial attorney took no exception to this portion of the court’s charge. The defendant’s contention is, therefore, beyond the scope of appellate review as a matter of law *(see,*CPL 470.05 [2]; *People v Bynum,*70 NY2d 858; *People v Colavito,*70 NY2d 996; *People v Dekle,*56 NY2d 835, 837; *People v Yankowitz,*169 AD2d 748; *People v McKinnon,*168 AD2d 691; *People v Larney,*162 AD2d 406; *People v Udzinski,*146 AD2d 245, 250-251). Considering all of the circumstances of this case, in light of the court’s charge in its entirety, we conclude that our review of the defendant’s contention in the interest of justice is not warranted.

We have examined the defendant’s remaining contentions, including those advanced in his supplemental *pro se*brief, and find them to be without merit. Bracken, J. P., Sullivan, Miller and Ritter, JJ., concur.
#### J.J. Flannery, Inc., Respondent, v Kerby Saunders, Inc., Appellant, et al., Defendants.

Order, Supreme Court, New York County (Irma Vidal Santaella, J.), entered September 13, 1990, which, *inter alia,*denied that branch of defendant Kerby Saunders, Inc.’s CPLR 3212 motion seeking partial summary judgment dismissing the complaint’s fourth and fifth causes of action, unanimously affirmed, without costs.

In this action brought by plaintiff subcontractor, J.J. Flannery, Inc., for breach of a sheet metal subcontract, Kerby, a heating ventilation and air conditioning contractor, argues that plaintiff’s papers in opposition to its partial summary judgment motion failed to raise a triable issue of fact. The subcontract includes a "no damage for delay” clause, and the complaint’s fourth and fifth causes of action seek damages and *quantum meruit*relief, respectively, as a consequence of defendant Kerby’s alleged delays.

In view of the 25 month delay involved here, we find triable issues of fact exist warranting a trial, including whether the no-delay clause was intended by the parties to immunize defendant from its own alleged delay causing acts, where, as here, the aggregate delay period complained of was 25 months *(Corinno Civetta Constr. Corp. v City of New York,*67 NY2d *416297). Concur—Sullivan, J. P., Milonas, Wallach, Ross and Kassal, JJ.
# U ni te d S ta te s Co ur t of A pp ea ls For the Eig hth Circu it

__ __ __ __ __ __ __ __ __ __ __ __ __ _
No. 1 8- 14 38

__ __ __ __ __ __ __ __ __ __ __ __ __ _
Uni te d S ta te s o f Am eri ca,

ll ll ll ll ll ll ll ll ll ll l Pla in ti

ff - App el le e ,

v.

Ja y se n Lan e Hey er,

ll ll ll ll ll ll ll ll ll ll l Defe nd

an t - Ap pe ll an t

.

__ __ __ __ __ __ App eal fro m

Uni te d S ta te s Di st ric t Co ur t fo r th e Dis tri ct of M in ne so ta - St. Pa ul

__ __ __ __ __ __
Su bm it te d: Nov em

be r 12 , 20 18 Fi le d: Nov em

be r 16 , 20 18 [Un pu bl is he d]

__ __ __ __ __ __
Befo re COLLOTON, GRUEND ER, an d S HEPHERD, Circ ui t J ud ge s.

__ __ __ __ __ __

PER CURI AM.

Ja y se n Hey er ap pe al s th e se nt en ce th e di st ric t co ur t 1 im po se d aft er he pl ead ed

gu il ty, pu rs ua nt to a writ te n pl ea ag reem en t, t o a d r u g o f f en se

. His co un se l ha s

1 The Hon or a b l e Su sa n Ri ch ard Nels on , Uni te d St at es Dis tri ct Ju dg e fo r th e Dis tri ct of M in ne so ta

.m ov ed to wit hd raw an d ha s fil e d a br ie f un de r And er s v. Ca li fo rn ia , 38 6 U.S. 73 8 (1 96 7)
, ch al le ng in g th e se nt en ce as su bs ta nt iv el y un reas on ab le

. In a pr o se br ie f, Hey er arg ue s th at he di d no t un de rs ta nd th e co ns eq ue nc es of hi s gu il ty pl ea, th at th e pl ea ag reem en t was br each ed
, an d th at he rece iv ed in effe ct iv e as si st an ce of co un se l.

Afte r care fu l rev ie w, we co nc lu de th at th e di st ric t co ur t di d no t i mp o s e an

un reas on ab le se nt en ce. The se nt en ce was be lo w th e ad vi so ry Gui de li ne ran ge

. The

co ur t pr op erl y co ns id ered th e fact or s se t fo rth in 18 U.S.C. § 35 53 (a), an d th ere is no in di cat io n th at th e co ur t co m m it te d a cl ear erro r of j ud gm en t in weig hi ng rel ev an t fact or s. Se e Uni te d St at es v. Sa la za r- Alema n , 7 4 1 F

. 3 d 87 8, 88 1 (8 th Ci r. 20 13 ) (s ta nd ard of rev ie w); se e al so Uni te d St at es v. To rr es -Oje da
, 82 9 F.3 d 10 27
, 10 30 (8 th Ci r. 20 16 ). W e fu rth er co nc lu de th at Hey er’s cl ai m s th at he di d no t un de rs ta nd
th e co ns eq ue nc es of hi s gu il ty pl ea an d th at th e se nt en ce con st it ut ed a br each of hi s pl ea ag reem en t ar e ref

ut ed by his tes ti m on y

at th e pl ea he ari ng an d t he ter m s o f th e pl ea ag reem en t. Se e Ng uy en v. Uni te d St at es , 11 4 F.3 d 69 9, 70 3 (8 th Ci r. 19 97 ); se e al so Uni te d St at es v. Bah en a , 22 3 F.3 d 79 7, 80 6- 07 (8 th Ci r. 20 00 ). Add it io na ll y , we de cl in e to co ns id er Hey er’s clai m s of ine ffec ti ve as si st an ce of cou ns el in th is di rect
ap pe al

. Se e Uni te d S ta te s v. Her na nd ez , 28 1 F .3d 74 6, 7 49 (8t h C ir. 2 00 2)

.

Hav in g in de pe nd en tl y rev ie wed th e reco rd un de r Pen so n v. Ohi o , 48 8 U.S. 75 (1 98 8)
, we fin d no no nf

riv ol ou s is su es fo r ap pe al

. Acco rd in gl y , we gr an t co un se l’s

m ot io n a nd affi rm

.

__ __ __ __ __ __ __ __ __ __ __ __ __ __ __

-2

-
# Read Across America Day, 2012

From infancy through adulthood, reading enriches the human experience and illuminates the path to learning, opportunity, and success. By sharing the beauty and power of books with our children, we make a vital investment not only in their future, but also in an America that leads the world in educating its people. As we celebrate Read Across America Day in our homes, schools, and libraries, let us recommit to empowering every child with a strong start and a passion for the written word.

The journey to literacy begins early and continues throughout childhood. Parents and caregivers can play an essential role in developing fundamental skills by reading aloud regularly, helping children explore new words and concepts, and instilling enthusiasm for language and storytelling. These first lessons help pave the way for a love of reading that can last a lifetime. As children move from the living room to the classroom, teachers, librarians, and families use books to reinforce reading proficiency and build critical thinking skills that provide the foundation for a world-class education. By working together to give our sons and daughters the tools for achievement, we lay the groundwork for growth and prosperity that will stand the test of time.

On Read Across America Day, we also celebrate the birthday of Theodor Seuss Geisel—an author whose fanciful wordplay and whimsical tales continue to delight young readers around the world. Dr. Seuss’s stories evoke the unlimited potential for imagination and inspiration on the printed page, and they remind us of the countless ways reading enhances our lives. Today, we reaffirm our commitment to raising a generation of avid learners and bringing an outstanding education within reach for every child.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim March 2, 2012, as Read Across America Day. I call upon children, families, educators, librarians, public officials, and all the people of the United States to observe this day with appropriate programs, ceremonies, and activities.

IN WITNESS WHEREOF, I have hereunto set my hand this second day of March, in the year of our Lord two thousand twelve, and of the Independence of the United States of America the two hundred and thirty-sixth.

[FR Doc. 2012-5611

Billing code 3295-F2-P
Memorandum UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460

Subject: Summary ofStakeholder Meetings From: John Bradfield OFFICE OF AIR AND RADIATION

To: Dockets EPA-HQ-OAR-2013-6002, EPA-HQ-OAR-2013-0603, and EPA-HQ-OAR-2013-0495 This memorandum summarizes meetings held with stakeholders in the month of November, 2014 On November3, Air Quality Analysis Division Associate DirectorJuan Santiago and Sector Policy and Programs Division Associate Director Kevin Culligan metwith Jeremy Tarr ofthe Duke University Nicholas Institute. Meeting handouts are attached. EPA generally answered basic questions aboutthe clean power plan proposal for existing sources. On November 13, Clean Air Markets Division Director Reid Harvey and Sector Policy and Programs Division Associate Director Kevin Culligan metwith Conrad Schneider ofthe Clean AirTask Force (CATF). EPA generally answered basic questions aboutthe clean power plan proposal for existing sources. On November 18, Sector Policy and Programs Division Associate Director Kevin Culligan metwith Katherine Stainken Solar Energy IndustryAssociation. Mr. Culligan generally answered basic questions aboutthe clean power plan proposal for existing sources. On November21, Clean Air Markets Division Director Reid Harvey and Sector Policy and Programs Division Associate Director Kevin Culligan metwith Robert Manning ofthe Florida Electric Power Coordinating Group (FCG). EPA generally answered basic questions aboutthe clean power plan proposal for existing sources.

InternetAddress (URL) • http://www

.epa.gov Recycled/Recyclable • Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper
EXHIBIT 32.1





AULTRA GOLD INC.





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 Aultra Gold Inc. (the Company) on Form 10-Q for the period ended September 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Robert Vivian, President, Chief Executive Officer and Interim Financial Officerof the Company, certify, pursuant to 18 U.S.C. ss.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, as amended; and
 
 (2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
 
 A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.





Date: November 22, 2010
/s/ Robert VivianName:  Robert VivianTitle:  President and Chief Executive Officer and Interim Financial Officer(Principal Executive and  Accounting Officer)
EXHIBIT 32.2




Certification
of Principal Financial Officer


Pursuant
to 18 U.S.C. § 1350,


As
Adopted Pursuant to


Section
906 of the Sarbanes-Oxley Act of 2002





In
connection with the Quarterly Report of Reef Global Energy VI, L.P. (the
“Partnership”) on Form 10-Q for the quarter ended March 31, 2010 as filed with
the Securities and Exchange Commission on the date hereof (the “Report”), I,
Daniel C. Sibley, principal financial officer of the Partnership, certify,
pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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
      Partnership.




Date:  May
      12, 2010
              /s/ Daniel C.
      SibleyDaniel C. Sibley
                Chief Financial Officer and General Counsel
      of
                Reef Exploration, L.P.
                (principal
      financial and accounting
officer)


This
certification accompanies the Report pursuant to § 906 of the Sarbanes-Oxley Act
of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act
of 2002, be deemed filed by the Partnership for purposes of § 18 of the
Securities Exchange Act of 1934, as amended.





A signed
original of this written statement has been provided to the Partnership and will
be retained by the Partnership and furnished to the Securities and Exchange
Commission or its staff upon request.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE UN-
AUDITED CONSOLIDATED FINANCIAL STATEMENTS OF PERSONNEL GROUP OF AMERICA, INC.
FOR THE NINE MONTH PERIODS ENDED SEPTEMBER 29, 1996 AND SEPTEMBER 29, 1997 AND
THE CONSOLIDATED FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED DECEMBER 29,
1996, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<RESTATED>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-28-1997
<PERIOD-START>                             DEC-30-1996
<PERIOD-END>                               SEP-26-1997
<CASH>                                            (654)
<SECURITIES>                                         0
<RECEIVABLES>                                   74,846
<ALLOWANCES>                                    (1,102)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                76,336
<PP&E>                                          12,324
<DEPRECIATION>                                  (3,824)
<TOTAL-ASSETS>                                 906,214
<CURRENT-LIABILITIES>                           45,106
<BONDS>                                        161,200
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           121
<OTHER-SE>                                     198,306
<TOTAL-LIABILITY-AND-EQUITY>                   406,214
<SALES>                                        336,360
<TOTAL-REVENUES>                               336,360
<CGS>                                          248,409
<TOTAL-COSTS>                                  304,780
<OTHER-EXPENSES>                                 6,388
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               4,834
<INCOME-PRETAX>                                 20,358
<INCOME-TAX>                                     8,602
<INCOME-CONTINUING>                             11,756
<DISCONTINUED>                                   1,921
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    13,677
<EPS-PRIMARY>                                     0.56
<EPS-DILUTED>                                     0.55


</TABLE>