alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 4.1


 


THE BANK OF NEW YORK MELLON


NEW YORK’S FIRST BANK-FOUNDED 1784 BY ALEXANDER HAMILTON


 


 


2 HANSON PLACE, 12TH FLOOR, BROOKLYN,
N.Y. 11217


 


 


 


January 10, 2017


 


Hennion & Walsh, Inc.


2001 Route 46, Waterview Plaza


Parsippany, New Jersey 07054


 


Smart Trust 288


 


Dear Sirs:


The Bank of New York
Mellon is acting as trustee for the series of Smart Trust set forth above (the “Trust”). We enclosed a list
of the Securities to be deposited in the Trust on the date hereof. The prices indicated therein reflect our evaluation of such
Securities as of close of business on January 9, 2017, in accordance with the valuation method set forth in the Standard Terms
and Conditions of Trust and Trust Agreement. We consent to the reference to The Bank of New York Mellon as the party performing
the evaluations of the Trust Securities in the Registration Statement (No. 333-214677) filed with the Securities and Exchange Commission
with respect to the registration of the sale of the Trust Units and to the filing of this consent as an exhibit thereto.


 


 


Very truly yours,


 


/s/ GERARDO CIPRIANO                       


Gerardo Cipriano


Vice President
19523

#### State v. Guillermo

Affirmed
Exhibit 23.01




CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING
FIRM




The Board of Directors Williams Controls,
Inc.:




We consent to the incorporation
by reference in the registration statements (Nos. 333-42232, 333-43006, 333-59397, and 333-90565, on Form S-3 and No. 333-56591 on Form S-8) of
Williams Controls, Inc. of our report dated November 16, 2005, with respect to the consolidated balance sheets of Williams Controls, Inc. as of
September 30, 2005 and 2004, and the related consolidated statements of operations, stockholders equity (deficit), cash flows, and comprehensive
income (loss) for each of the years in the three-year period ended September 30, 2005, which report appears in the September 30, 2005 annual report on
Form 10-K of Williams Controls, Inc.




In fiscal year 2003, the Company
adopted Statement of Financial Accounting Standard No. 150, as discussed in Note 14 to the consolidated financial statements.




/s/ KPMG LLP Portland, Oregon December 7,
2005


---
EXHIBIT 32.2

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

I, Brad E. Herr, Chief Financial Officer of Temporary Financial Services, Inc.
(the "Company") do hereby certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my
knowledge:

This Quarterly Report on Form 10-QSB of the Company for the fiscal quarter ended
March 31, 2005, as filed with the Securities and Exchange Commission (the
"report"), fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and

The information contained in the report fairly presents, in all material
respects, the financial condition and results of operations of the Company.

Date: May 11, 2005


/s/Brad E. Herr
-----------------------
Brad E. Herr
Chief Financial Officer
# C_2009297EN.01001301.xml

| 5.12.2009 | EN | Official Journal of the European Union | C 297/13 |
| --- | --- | --- | --- |

5.12.2009

EN

Official Journal of the European Union

C 297/13

---

Judgment of the Court (Fourth Chamber) of 15 October 2009 — Commission of the European Communities v Federal Republic of Germany

(Case C-275/08) (1)

1

(Failure of a Member State to fulfil obligations - Directive 93/36/EEC - Public supply contracts - Supply of software designed for motor vehicle registration - Negotiated procedure without prior publication of a contract notice)

2009/C 297/13

Language of the case: German

Parties

Parties

Applicant: Commission of the European Communities (represented by: G. Wilms and D. Kukovec, Agents)

Applicant:

Defendant: Federal Republic of Germany (represented by: M. Lumma and N. Graf Vitzthum, Agents)

Defendant:

Re:

Re:

Failure of a Member State to fulfil obligations — Breach of Article 6, in conjunction with Article 9, of Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts (OJ 1993 L 199, p. 1) — Contract for the supply of a software application designed for motor vehicle registration concluded without contracting procedures between two bodies governed by public law responsible for data-processing on behalf of local authorities

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that, by reason of the fact that the Datenzentrale Baden-Württemberg (Central Data Office of Baden-Württemberg) awarded a contract for the supply of software designed for motor vehicle registration by a negotiated procedure without publication of a contract notice, the Federal Republic of Germany has failed to fulfil its obligations under Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts; |
| --- | --- |

1.

Declares that, by reason of the fact that the Datenzentrale Baden-Württemberg (Central Data Office of Baden-Württemberg) awarded a contract for the supply of software designed for motor vehicle registration by a negotiated procedure without publication of a contract notice, the Federal Republic of Germany has failed to fulfil its obligations under Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts;

| 2. | orders the Federal Republic of Germany to pay the costs. |
| --- | --- |

2.

orders the Federal Republic of Germany to pay the costs.

---

(1)  OJ C 223, 30.08.2008.

1

---
# C_2010346EN.01000601.xml

| 18.12.2010 | EN | Official Journal of the European Union | C 346/6 |
| --- | --- | --- | --- |

18.12.2010

EN

Official Journal of the European Union

C 346/6

---

Judgment of the Court (Grand Chamber) of 26 October 2010 — United Kingdom of Great Britain and Northern Ireland v Council of the European Union

(Case C-482/08) (1)

1

(Action for annulment - Decision 2008/633/JHA - Access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by the European Police Office (Europol) for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences - Development of provisions of the Schengen acquis - Exclusion of the United Kingdom from the procedure for adopting the decision - Validity)

2010/C 346/09

Language of the case: English

Parties

Parties

Applicant: United Kingdom of Great Britain and Northern Ireland (represented by: V. Jackson and I. Rao, Agents and by T. Ward, barrister)

Applicant:

Defendant: Council of the European Union (represented by: J. Schutte and R. Szostak, Agents)

Defendant:

Interveners in support of the defendant: Kingdom of Spain (represented by J.M. Rodríguez Cárcamo, Agent), European Commission (represented by M. Wilderspin and B.D. Simon, Agents)

Interveners in support of the defendant:

Re:

Re:

Article 35(6) EU — Annulment of Council Decision 2008/633/JHA of 23 June 2008 concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences (OJ 2008 L 218, p. 129) — Exclusion of the United Kingdom from the procedure for adopting that decision — Infringement of essential procedural requirement

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs; |
| --- | --- |

2.

Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs;

| 3. | Orders the Kingdom of Spain and the European Commission to bear their own costs. |
| --- | --- |

3.

Orders the Kingdom of Spain and the European Commission to bear their own costs.

---

(1)  OJ C 32, 7.2.2009.

1

---
[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Notices]
[Pages 89003-89004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28318]


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

SURFACE TRANSPORTATION BOARD

[Docket No. EP 290 (Sub-No. 5) (2024-1)]


Quarterly Rail Cost Adjustment Factor

AGENCY: Surface Transportation Board.

ACTION: Approval of rail cost adjustment factor.

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

SUMMARY: The Surface Transportation Board has adopted the first quarter 
2024 Rail Cost Adjustment Factor and cost index filed by the 
Association of American Railroads.

DATES: Applicability Date: January 1, 2024.

FOR FURTHER INFORMATION CONTACT: Pedro Ramirez, (202) 245-0333. If you 
require an accommodation under the Americans with Disabilities Act, 
please call (202) 245-0245.

SUPPLEMENTARY INFORMATION: The rail cost adjustment factor (RCAF) is an 
index formulated to represent changes in railroad costs incurred by the 
nation's largest railroads over a specified period of time. Under 49 
U.S.C. 10708, the Surface Transportation Board (Board) is required to 
publish the RCAF on at least a quarterly basis. Each quarter, the 
Association of American Railroads computes three types of RCAF figures 
and submits those figures to the Board for approval. The Board has 
reviewed the submission and adopts the RCAF figures for the first 
quarter of 2024. The first quarter 2024 RCAF (Unadjusted) is 0.974. The 
first quarter 2024 RCAF (Adjusted) is 0.383. The first quarter

[[Page 89004]]

2024 RCAF-5 is 0.367. Additional information is contained in the 
Board's decision, which is available at www.stb.gov.

    Decided: December 19, 2023.

    By the Board, Board Members Fuchs, Hedlund, Oberman, Primus, and 
Schultz.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2023-28318 Filed 12-22-23; 8:45 am]
BILLING CODE 4915-01-P
December 14, 1999

21801

#### Island Ins. Co., Ltd. v. Crabbe

Affirmed
### Uni t coa l consumption ton s coal yr x 2,00 0 lb ton x 0.45 4 kg lb x trac e elemen t ppm w ( b y Stat e o f coa l origin ) 1,000,000

x coa l cleanin g facto r  k g trac e element yr

Uni t coa l consumption ton s coal yr x 2,00 0 lb ton x 0.45 4 kg lb x trac e elemen t ppm w ( b y Stat e o f coa l origin ) 1,000,000  k g trac e element yr

Uni t oi l consumption bbl s oil yr x 4 2 gal bbl x 8. 2 lb gal x 0.45 4 Kg lb x trac e elemen t ppmw 1,000,000  k g trac e element yr

Uni t ga s consumption cf yr x trac e elemen t ppmv 1,000,000 x 1 at m x l b mol e x  R 0.730 2 c f x atm x 1 (46 0 68)  R x trac e elemen t molecula r weigh t ( lb ) l b mole

x 0.45 4 kg lb  k g trac e element yrD-13 

### Table D-2. Computer Calculations (Inorganic HAPs)

Feed rate of trace elements to the boiler For bituminous coal: Equation 1

For lignite and subbituminous coal: Equation 2

For oil: Equation 3

For natural gas: Equation 4State Coal type Compound Concentration, ppmw



### D-32 WY Subbituminous ANTIMONY 0.73 ARSENIC 0.69 BERYLLIUM 0.18 CADMIUM 0.13 CHROMIUM 2.82 COBALT 0.87 CHLORINE 118.30 FLUORINE 43.70 LEAD 2.07 MANGANESE 5.65 MERCURY 0.08 NICKEL 2.17 SELENIUM 0.51



### Table D-8b. Trace Element Concentrations in Fuel Oil (for 1994 estimates)

Trace Element Concentration in Oil, ppmw Arsenic 0.306 Beryllium 0.027 Cadmium 0.020 Chromium 0.31 Cobalt 1.63 Chlorine 131 Fluorine 17.5 Lead 1.41 Manganese 0.35 Mercury 0.0092 Nickel 26 Selenium 0.095



### Table D-8c. Trace Element Concentrations in Gas

Trace Element Concentration in gas ppmv Arsenic 0.000963 Cobalt 0.100 Lead 0.100 Mercury 0.0000024 Nickel 0.0500
#### The People of the State of New York, Respondent, v Sammy Walker, Appellant.

— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Browne, J.), rendered October 12, 1988, convicting him of rape in the first degree, sodomy in the first degree (two counts), and endangering the welfare of a child, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant claims that the court’s verdict was against the weight of the evidence. Moreover, he claims that the verdict, convicting him of some of the statutory rape and sodomy charges, but acquitting him of all of the "forcible compulsion” rape and sodomy charges was repugnant. For the first time on appeal, the defendant also complains that the court erred when it allowed the People’s medical expert, the pediatrician who had examined the infant complainant, to testify to matters outside his expertise.

*147In weighing the evidence, particularly in reviewing the credibility of witnesses, this court must accord deference to the findings of the trier-of-fact because of its unique "opportunity to view the witnesses, hear the testimony and observe demeanor” *(People v Bleakley,*69 NY2d 490, 495). Unless these findings are "manifestly erroneous” or "so plainly unjustified by the evidence that the interests of justice necessitate their nullification” *(People v Garafolo,*44 AD2d 86, 88), they will not be disturbed on appeal *(see, People v Gaimari,*176 NY 84). This rule is equally applicable where the trier-of-fact is a Trial Judge. The trial court, in a nonjury trial, is presumed, absent a showing of prejudice, to have considered only the competent evidence adduced at trial in reaching its verdict *(see, People v Sims,*127 AD2d 805, 806; *People v McKinley,*124 AD2d 752). Here, the testimony of the People’s witnesses was not incredible or unbelievable. Upon the exercise of our factual review power we are satisfied that the verdict was not against the weight of the evidence *(see,*CPL 470.15 [5]).

The defendant’s argument regarding the alleged repugnancy of the verdict was not preserved for appellate review by his application pursuant to CPL 330.30 to set aside the verdict *(see, People v Alfaro,*66 NY2d 985, 987). In any event, a repugnant verdict exists only where the charged crimes contain identical elements, which is not the case here *(see, People v Tucker,*55 NY2d 1, 6; *see also, People v Goodfriend,*64 NY2d 695, 697).

The defendant also failed to preserve for appellate review his claim that the People’s medical expert was permitted to testify about matters outside his area of expertise *(see,*CPL 470.05 [2]) and we decline to reach the issue in the interest of justice.

We have examined the defendant’s remaining contentions, including those raised in his supplemental *pro se*brief, and find them to be either unpreserved for appellate review or without merit. Mangano, P. J., Hooper, Rosenblatt and O’Brien, JJ., concur.
```

[Congressional Record Volume 158, Number 116 (Wednesday, August 1, 2012)]
[House]
[Page H5552]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the Chair 
will postpone further proceedings today on motions to suspend the rules 
on which a recorded vote or the yeas and nays are ordered, or on which 
the vote incurs objection under clause 6 of rule XX.
  Record votes on postponed questions will be taken later.

                          ____________________
```
# C_2008327EN.01000701.xml

| 20.12.2008 | EN | Official Journal of the European Union | C 327/7 |
| --- | --- | --- | --- |

20.12.2008

EN

Official Journal of the European Union

C 327/7

---

Reference for a preliminary ruling from the Tribunale di Treviso (Italy) lodged on 18 August 2008 — Criminal proceedings against Luigi Pontini, Emanuele Rech, Dino Bonora, Giovanni Forato, Laura Forato, Adele Adami, Ivo Colomberotto

(Case C-375/08)

(2008/C 327/11)

Language of the case: Italian

Referring court

Tribunale di Treviso

Parties to the main proceedings

Luigi Pontini, Emanuele Rech, Dino Bonora, Giovanni Forato, Laura Forato, Adele Adami, Ivo Colomberotto

Question referred

The Tribunale makes a reference to the Court of Justice in order that the latter may make clear what the conditions are for eligibility for premiums for male bovine animals and, in particular, whether the requirement of use of forage areas is sufficient, irrespective of the existence of any valid legal title to make that use lawful (1).

1

---

(1)  OJ L 160, p. 21.

1

---
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM DECEMBER 31,
1999 SIX MONTH FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-START>                                 JUL-01-1999
<PERIOD-END>                                   DEC-31-1999
<CASH>                                             798,855
<SECURITIES>                                             0
<RECEIVABLES>                                    1,139,059
<ALLOWANCES>                                             0
<INVENTORY>                                        224,988
<CURRENT-ASSETS>                                 2,178,256
<PP&E>                                             131,559
<DEPRECIATION>                                           0
<TOTAL-ASSETS>                                   4,139,809
<CURRENT-LIABILITIES>                            2,041,669
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                      1,877,625
<COMMON>                                            23,071
<OTHER-SE>                                               0
<TOTAL-LIABILITY-AND-EQUITY>                     4,139,809
<SALES>                                            342,985
<TOTAL-REVENUES>                                   342,985
<CGS>                                               96,997
<TOTAL-COSTS>                                    4,871,911
<OTHER-EXPENSES>                                   (88,334)
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                 (10,325)
<INCOME-PRETAX>                                 (4,724,502)
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                             (4,724,502)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                    (5,670,345)
<EPS-BASIC>                                           (.37)
<EPS-DILUTED>                                         (.37)


</TABLE>
```

[Congressional Record Volume 158, Number 116 (Wednesday, August 1, 2012)]
[House]
[Page H5629]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

           By Mr. JOHNSON of Georgia:
       H.R. 6246.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 4, Clause 1 of the United States 
     Constitution. This provision permits Congress to make or 
     alter the regulations pertaining to Federal elections.
```
**Exhibit32.1**

 

**CertificationPursuant to 18 U.S.C. Section 1350, As Adopted**

**Pursuantto Section 906 of the Sarbanes-Oxley Act of 2002**

 

In connection with the Advanced Cell Technology, Inc. (the “Company”) AmendmentNo. 1 to Quarterly Report on Form 10-QSB/A for the period ending March 31,2005, as filed with the Securities and Exchange Commission on the date hereof(the “Report”), I, William M. Caldwell, IV, Chief Executive Officer of theCompany, certify pursuant to 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of myknowledge:

 

(1)          The Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of1934, as amended; and

 

(2)          The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

A signed original of this written statement required by Section 906has been provided to Advanced Cell Technology, Inc. and will be retained by AdvancedCell Technology, Inc. and furnished to the Securities and Exchange Commissionor its staff upon request.

 
| Date: September 7, 2005 |
|------------------------------|
|                         |
| /s/ William M. Caldwell, IV  |   |
| William M. Caldwell, IV      |
| Chief Executive Officer      |

 

----
I 

115TH CONGRESS 

1ST SESSION H. R. 4321 

To amend title 38, United States Code, to establish a presumption of serviceconnection of disabilities relating to blast exposures with respect to 

disability compensation payments by the Secretary of Veterans Affairs. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 9, 2017 

Ms. VELA ́ZQUEZ (for herself, Mr. LOBIONDO, Mr. MEEKS, Mr. JEFFRIES, Ms. 

CLARKE of New York, Mr. LANCE, Mr. PASCRELL, Mr. KING of New 

York, Mr. SMITH of New Jersey, Mr. SERRANO, Mr. SEAN PATRICK

MALONEY of New York, Miss GONZA ́LEZ-COLO ́N of Puerto Rico, Mr. 

PALLONE, Mr. KHANNA, Mr. SOTO, Mr. EVANS, Ms. NORTON, Ms. JACKSON LEE, Ms. WILSON of Florida, Mrs. RADEWAGEN, Mr. JONES, Mr. 

SIRES, Mr. PEARCE, Mr. LOEBSACK, Mr. QUIGLEY, Mr. CROWLEY, Mr. 

CARSON of Indiana, Mr. ENGEL, and Mr. MCEACHIN) introduced the following bill; which was referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to establish a presumption of service-connection of disabilities relating to 

blast exposures with respect to disability compensation 

payments by the Secretary of Veterans Affairs. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Blast Exposure Protec5 tion Act of 2017’’. 


lotter on DSKBCFDHB2PROD with BILLS
2 

•HR 4321 IH

1 SEC. 2. PRESUMPTION OF SERVICE-CONNECTION OF DIS2 ABILITIES RELATING TO BLAST EXPOSURE. 

3 Section 1112 of title 38, United States Code, is 

4 amended by adding at the end the following new sub5 section: 

6 ‘‘(d) For the purposes of section 1110 of this title, 

7 and subject to the provisions of section 1113 of this title, 

8 an injury or illness of a veteran that is associated with 

9 a blast exposure by the veteran during active military, 

10 naval, or air service shall be considered to have been in11 curred in or aggravated during such active military, naval, 

12 or air service, notwithstanding that there is no record of 

13 evidence of such injury or illness during a period of such 

14 service.’’. 

Æ 


lotter on DSKBCFDHB2PROD with BILLS
```

[Congressional Record Volume 158, Number 115 (Tuesday, July 31, 2012)]
[Senate]
[Pages S5691-S5692]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

         MEASURES PLACED ON THE CALENDAR--S. 3457 AND H.R. 4078

  Mr. REID. I am told there are two bills at the desk due for a second 
reading.
  The ACTING PRESIDENT pro tempore. The Senator is correct. The clerk 
will report the bills by title for the second time.
  The legislative clerk read as follows:

       A bill (S. 3457) to require the Secretary of Veterans 
     Affairs to establish a veterans job corps, and for other 
     purposes.
       A bill (H.R. 4078) to provide that no agency may take any 
     significant regulatory action until the unemployment rate is 
     equal to or less than 6.0 percent.

  Mr. REID. Mr. President, I object to any further proceedings with 
regard to these bills at this time.
  The ACTING PRESIDENT pro tempore. Objection is heard. The bills will 
be placed on the calendar.

[[Page S5692]]

                          ____________________
```