alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
SERVED: MAY24, 2013

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF ALASKA AIRLINES, INC.
FAA DOCKETNO. [TO BEASSIGNED] (Civil Penalty Action)
FDMS NO. FAA-2013-0287

NOTICE OF ASSIGNMENT OF PROCEEDING This proceeding (heretofore designated as Case No. 2011NM020013) has been assigned to Administrative Law Judge Richard C. Goodwin. All future pleadings and
other communications regarding this proceeding shall be served onthe Judge, the FAA Hearing Docket, andthe otherpersons onthe attached Service List.

Attachment

- Service ListSERVICE LIST ORIGINAL & ONE COPY 

### Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2Wl000 1 

### TEL: 202-385-8229 FAX: 202-493-5142 ONE COPY 

### Geoffrey M. Grindeiand, Respondent's Counsel 

### Mills, Meyers, Swartling 1000 Second Avenue, 30thFloor Seattle, Washington 98104-1064 TEL: 206-812-7451 FAX: 206-207-6746 E-MAIL: ggrindeland@millsmeyers.com Bradley Tilde, President AlaskaAirlines, Inc., Respondent 

### P.O. Box 68900 Seattle, Washington 96168 Robert Spitzer, Complainant's Counsel 

### FAA Attorney, Office ofRegional Counsel Northwest Mountain Region, ANM-7 Federal Aviation Administration 1601 Lind Avenue, S.W. Renton, Washington 98057 TEL: 425-227-1417 FAX: 425-227-1007 E-MAIL: robert.spitzer@faa.gov FDMS No. FAA-2013-0287 (Civil Penalty Action)

The Honorable Richard C. Goodwin,Administrative LawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2139 Attorney-Advisor 202-366-5121 StaffAssistant FAX: 202-366-7536

1 Service was by U.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000,Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.


### -2-
##### 



Exhibit 23.1

KYLE L. TINGLE, CPA



|To Whom It May Concern: | July 14, 2002
|----------------------- | -------------

The firm of Kyle L. Tingle, CPA, LLC consents to the inclusion of his report of
July 14, 2002 accompanying the audited financial statements of Investment
Agents, Inc., as at May 31, 2002, in the Form 10QSB with the U.S. Securities
and Exchange Commission.

Very truly yours,

/s/ Kyle L. Tingle

Kyle L. Tingle, CPA, LLC

P.O. Box 50141, Henderson, Nevada 89016, Phone: (702) 434-8452, Fax: (702)
436-4218, e-mail: Ktingle@worldnet.att.
**Exhibit    23.1** **CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**     We hereby consent to the incorporation by reference in the    Registration Statement on    Form S-3(No. 333-85327,333-89489,333-54924,333-56068,333-63422,333-69812,333-97227    and    333-109431)    and    Form S-8(No. 033-70100,333-1438,333-31417,333-45799,333-71641,333-94619,333-46002,333-61166,333-69822,333-89590,333-109432    and    333-121988)    of Asyst Technologies, Inc. of our report dated June 13,    2006 relating to the financial statements, financial statement    schedule, management’s assessment of the effectiveness of    internal control over financial reporting and the effectiveness    of internal control over financial reporting, which appears in    this    Form 10-K.     /s/ PricewaterhouseCoopers LLP     San Jose, California     June 14, 2006
#### The People of the State of New York, Respondent, v Ronnie Earl Charleston, Appellant.

— Judgment unanimously affirmed. Memorandum: Defendant was convicted of grand larceny in the second degree for his role in masterminding and assisting in the theft of more than $300,000 from his employer’s van. The trial court did not abuse its discretion in permitting the People, as part of their direct case, to introduce evidence of prior uncharged crimes. The testimony of two witnesses regarding their involvement with defendant in prior unsuccessful attempts to commit the same crime was relevant, and the court properly concluded that the probative value of such evidence outweighed the risk of prejudice to defendant *(see, People v Kampshoff,*53 AD2d 325, 335, *cert denied*433 US 911). While the court erred in failing to conduct a *Ventimiglia*hearing *(see, People v Ventimiglia,*52 NY2d 350) prior to the testimony of the second witness and failed to provide a *603limiting instruction to the jury, these errors were harmless *(see, People v Cook,*42 NY2d 204, 207; *People v Crimmins,*36 NY2d 230, 242; *People v Rivera,*132 AD2d 956, 957).

There is no merit to defendant’s contentions that the trial court erred in refusing to charge that one of the witnesses, Ricky Cloud, was an accomplice as a matter of law *(see, People v Kampshoff,*53 AD2d 325, 333, *supra)*or that defendant’s sentence was harsh and excessive. Defendant, by failing to submit a timely written application, waived his challenge to the composition of the pool of prospective jurors *(see,*CPL 270.10 [2]). Lastly, the prosecutor offered race neutral explanations for excusing one black prospective juror, and the trial court properly denied defendant’s challenge to the prosecutor’s use of the peremptory challenge *(see, Batson v Kentucky,*476 US 79, 97; *People v Scott,*159 AD2d 975). (Appeal from Judgment of Supreme Court, Monroe County, Doyle, J.— Grand Larceny, 2nd Degree.) Present — Dillon, P. J., Boomer, Balio and Davis, JJ.
___________ No. 96-2410

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. Gerald Adolphus Wroten, * * [UNPUBLISHED] Appellant. *

___________ Submitted: December 10, 1996 Filed: December 13, 1996

___________ Before FAGG, FLOYD R. GIBSON, and LOKEN, Circuit Judges.

___________ PER CURIAM. Having reviewed the record and the parties' briefs, we reject Wroten's contention that the district court improperly assessed a two-level enhancement for obstruction of justice. The district court's sentence was correct and further discussion is not warranted. We affirm. See 8th Cir. R. 47B. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
I 

115TH CONGRESS 

1ST SESSION H. R. 4670 

To amend title 38, United States Code, to provide authority for certain 

members of the Armed Forces to transfer entitlement to Post-9/11 Educational Assistance to their dependents. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 18, 2017 

Mr. CONNOLLY (for himself and Mr. KATKO) introduced the following bill; 

which was referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to provide authority 

for certain members of the Armed Forces to transfer 

entitlement to Post-9/11 Educational Assistance to their 

dependents. 

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 ‘‘Education Assistance 

5 to Realign New Eligibilities for Dependents Act of 2017’’ 

6 or the ‘‘EARNED Act of 2017’’. 


lotter on DSKBCFDHB2PROD with BILLS
2 

•HR 4670 IH

1 SEC. 2. AUTHORITY OF CERTAIN MEMBERS OF THE ARMED 

2 FORCES WHO HAVE SERVED 20 YEARS ON AC3 TIVE DUTY TO TRANSFER ENTITLEMENT TO 

4 POST-9/11 EDUCATIONAL ASSISTANCE TO 

5 THEIR DEPENDENTS. 

6 (a) TRANSFER AUTHORIZED.—Section 3319 of title 

7 38, United States Code, is amended— 

8 (1) by striking subsection (b) and inserting the 

9 following new subsection (b): 

10 ‘‘(b) ELIGIBLE INDIVIDUALS.—An individual re11 ferred to in subsection (a)— 

12 ‘‘(1) is any member of the uniformed services 

13 who, at the time of the approval of the individual’s 

14 request to transfer entitlement to educational assist15 ance under this section, has completed at least— 

16 ‘‘(A) six years of service in the Armed 

17 Forces and enters into an agreement to serve at 

18 least four more years as a member of the uni19 formed services; or 

20 ‘‘(B) the years of service as determined in 

21 regulations pursuant to subsection (j); or 

22 ‘‘(2) any member of the uniformed services, or 

23 retired member of the uniformed services, who, at 

24 the time of the approval of the individual’s request 

25 to transfer entitlement to educational assistance 

26 under this section has completed at least 20 years 


lotter on DSKBCFDHB2PROD with BILLS
3 

•HR 4670 IH

1 of active duty service in the Armed Forces, including 

2 at least 90 days of such service after September 10, 

3 2001.’’; and 

4 (2) in subsection (f)(1), by inserting ‘‘described 

5 in subsection (b)(1) who is’’ after ‘‘an individual’’. 

6 (b) EFFECTIVE DATE.—The amendments made by 

7 this Act shall take effect as if included in the enactment 

8 of the Post-9/11 Veterans Educational Assistance Act of 

9 2008 (title V of Public Law 110–252). 

Æ 


lotter on DSKBCFDHB2PROD with BILLS
Exhibit 32.1



Certification of CEO 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 report of Wild Oats Markets, Inc. (the
"Company") on Form 10-K/A for the period ended January 1, 2005 as filed with the
Securities and Exchange Commission on the date hereof, Perry D. Odak hereby certifies,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, to the best of his knowledge, that:



| | (1) | The report fully complies
    with the requirements of Section 13(a) 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 Company.











|/s/ Perry D. Odak | 
|----------------- | 
|Perry D. Odak     | 
|April 4, 2005     | 







This certification accompanies this report pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes
of Section 18 of the Securities Exchange Act of 1934, as amended or otherwise subject to
liability pursuant to that section. The certification shall not be deemed to be
incorporated by reference into any filing under the Securities Act or the Exchange Act,
except to the extent that the Company specifically incorporates it by reference.



A signed original of this written statement required by Section 906 has
been provided to Wild Oats Markets, Inc. and will be retained by Wild Oats Markets, Inc.
and furnished to the Securities and Exchange Commission or its staff upon request.
#### Patricia F. Baker, Individually and as Executrix of Edward C. Baker, Deceased, Respondent-Appellant, v Sport-service Corporation, Appellant-Respondent.

(Appeal No. 1.)

Judgment unanimously affirmed without costs. Memorandum: The issues of defendant’s negligent maintenance of a loading dock and proximate cause were properly submitted to the jury *(see, Baker v Sportservice Corp.,*142 AD2d 991). Upon our review of the record, we conclude that the evidence was sufficient to support the verdict and that the verdict is not against the weight of the evidence. We further conclude that the award of damages for wrongful death is not excessive. The jury was not bound by the testimony of plaintiff’s economist and could have determined that plaintiff’s decedent would have continued to work after he was 65 years old, or that the value of his services at home, which included carpentry, plumbing, and auto mechanics, was worth more than the economist’s conservative estimate of $5 per hour. We decline to disturb the discretion of the trial court in setting aside the jury verdict of $500,000 for conscious pain and suffering as excessive. In our view, any award in excess of $50,000 for conscious pain and suffering would deviate materially from what would be reasonable compensation (CPLR 5501 [c]).

The court did not err by failing to admit a police report prepared by two officers who did not testify at trial. The personal observations of the officers on the scene contained in the report were cumulative to other evidence already before the jury, and the conclusions drawn by the officers about causation, to the extent that they were based upon conjecture and not personal observation, were not admissible *(cf., Stevens v Kirby,*86 AD2d 391, 395). The court properly refused defendant’s request to offer evidence of plaintiff’s remarriage, because the remarriage of a widow may not be taken into consideration when computing damages in a wrongful death action *(see, Rodak v Fury,*31 AD2d 816, 817). Although some of the comments made by plaintiff’s counsel on summation were improper, they did not deprive defendant of a fair trial. The remaining issues raised by defendant were not preserved for appellate review. (Appeals from Judgment of Supreme Court, Erie County, Fudeman, J. — Negligence.) Present — Callahan, J. P., Doerr, Green, Pine and Lowery, JJ.
<TABLE> <S> <C>

<ARTICLE> 5
<RESTATED>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                          48,416
<SECURITIES>                                    65,779
<RECEIVABLES>                                   24,823
<ALLOWANCES>                                       935
<INVENTORY>                                     26,149
<CURRENT-ASSETS>                               178,089
<PP&E>                                          18,511
<DEPRECIATION>                                   8,121
<TOTAL-ASSETS>                                 195,004
<CURRENT-LIABILITIES>                           37,408
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            33
<OTHER-SE>                                     157,563
<TOTAL-LIABILITY-AND-EQUITY>                   195,004
<SALES>                                        205,408
<TOTAL-REVENUES>                               205,505
<CGS>                                          106,518
<TOTAL-COSTS>                                  106,518
<OTHER-EXPENSES>                                47,461
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              (3,698)
<INCOME-PRETAX>                                 57,724
<INCOME-TAX>                                    22,816
<INCOME-CONTINUING>                             34,908
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    34,908
<EPS-PRIMARY>                                     0.54
<EPS-DILUTED>                                     0.47


</TABLE>
Consent of Independent Accountants

The Board of Directors

Henry's Marketplace, Inc.:

We consent to incorporation by reference in the registration statement on Form S-3 (No. 333-31292, No. 333-88011, No. 333-62175, and No. 333-52747) and in the registration statements on Form S-8 (No. 333-66347 and No. 333-20539) of Wild Oats Markets, Inc. of our report dated February 5, 1999, with respect to the statements of earnings, stockholders' equity, and cash flows of Henry's Marketplace, Inc. for the fifty-two weeks ended December 27, 1998, which report appears in the December 30, 2000, annual report on Form 10-K/A of Wild Oats Markets, Inc.

 KPMG LLP

San Diego, California
# Scioto - Appalachian Regional Commission

- Ohio Valley Regional Development Commission Executive Director John Hemmings Email jhemming&#115;&#64;&#111;&#118;&#114;&#100;&#99;&#46;&#111;&#114;&#x67;The post Ohio Valley Regional Development Commission appeared first on Appalachian Regional Commission.
#### Geo. T. GERLINGER, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

No. 9317.

Circuit Court of Appeals, Ninth Circuit

Nov. 13, 1939.

Charles E. McCulloch, of Portland, Or., for petitioner.

Samuel O. Clark, Jr., Asst. U. S. Atty. Gen., for respondent.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.

PER CURIAM.

Upon consideration of stipulation of counsel for respective parties, and by direction of the court, ordered that this cause be remanded to the said United States Board of Tax Appeals for further proceedings by it in view of, and in accordance with, the provisions, particularly in Section 214, of the Revenue Act of 1939, 26 U.S.C.A. § 214.
# THE STATE OF TEXAS

M A N D A T E

*********************************************
TO THE 114TH DISTRIC T COURT OF SMITH COU NTY, GREETING: Before our Court of Appeals for the 12th Court of Appeals District of Texas, on the 18th day of March, 2015 , the cause upon appeal to revise or reverse your judgment between

GUY SPARKMAN , Appellant

NO. 12

- 13

- 00272

- CV; Trial Court No. 12

- 1560

- B

Opinion by James T. Worthen, Chief Justice.

KAREN PHILLIPS, INDI VIDUALLY & IN HER OF FICIAL CAPACITY, STA NLEY SPRINGERLY, INDIVI DUALLY & IN HIS OFFI CIAL CAPACITY & AMY GILBREATH IN HER OFF ICIAL CAPACITY AS DE PUTY CIVIL CLERK OF

COUNTY COURT AT LAW #2, Appellees

was determined; and therein our said Court made its order in these words:

“THIS CAUSE came to be heard on the appellat e record and the briefs filed herein, and the same being considered, it is the opinion of this court that there was no error in the
order of the court below.

It is therefore ORDERED, ADJUDGED and DECREED that the dismissal order
of the court below be in all things affirmed , and that all costs of this appeal are hereby adjudged against the Appellant, GUY SPARKMAN , for which execution may issue, and that this
decision be certified to the court below for observance.”

WHEREAS, WE COMMAND YOU to observe the order of our said Court of Appeals for the Twelfth Court of Appeals District of Texas in this behalf, and in all things have it duly recognized, obeyed, and executed.

WITNESS, THE HONORABLE JAMES T. WORTHEN , Chief Justice of our Court of Ap peals for the Twelfth Court of Appeals District, with the Seal thereof affixed, at the City of Tyler, this the 20 th day of July , 2015.

CATHY S. LUSK, CLERK

By:

_______________________________ Chief Deputy Clerk
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 447 Engrossed in House (EH)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
115th CONGRESS
  1st Session
                                H. R. 447

_______________________________________________________________________

                                 AN ACT

 
     To extend the deadline for commencement of construction of a 
                         hydroelectric project.

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

SECTION 1. EXTENSION.

    (a) In General.--Notwithstanding the time period specified in 
section 13 of the Federal Power Act (16 U.S.C. 806) that would 
otherwise apply to the Federal Energy Regulatory Commission project 
numbered 12740, the Commission may, at the request of the licensee for 
the project, and after reasonable notice, in accordance with the good 
faith, due diligence, and public interest requirements of that section 
and the Commission's procedures under that section, extend the time 
period during which the licensee is required to commence the 
construction of the project for up to 3 consecutive 2-year periods from 
the date of the expiration of the extension originally issued by the 
Commission.
    (b) Reinstatement of Expired License.--If the period required for 
commencement of construction of the project described in subsection (a) 
has expired prior to the date of the enactment of this Act, the 
Commission may reinstate the license for the project effective as of 
the date of its expiration and the first extension authorized under 
subsection (a) shall take effect on the date of such expiration.

            Passed the House of Representatives June 12, 2017.

            Attest:

                                                                 Clerk.
115th CONGRESS

  1st Session

                               H. R. 447

_______________________________________________________________________

                                 AN ACT

     To extend the deadline for commencement of construction of a 
                         hydroelectric project.
```
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 IVI Communications, Inc. (the "Company")
on Form 10-Q for the quarter ended September 30, 2008 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Kurt
Jensen, Chief Executive Officer and Chief Financial Officer of the Company,
certify, pursuant to 18 U.S.C. 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 result 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.








November 14,
      2008
            /s/ Kurt
      Jensen
              Kurt
      Jensen
              Chief
      Executive Officer& Chief Financial
Officer