alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Alvy COLEMAN, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Oct. 14, 1955.

Charles E. Lowe, Pikeville, for appellant.

J. D. Buckman, Jr., Atty. Gen., George B. Akin, Asst. Atty. Gen., for appellee.

WADDILL, Commissioner.

The appellant, Alvy Coleman, was convicted of child desertion and sentenced to prison for 18 months. KRS 435.240. As grounds for reversal of the judgment he urges that (1) the court erred in failing to direct a verdict of acquittal, and (2) he was convicted under erroneous and prejudicial instructions.

Appellant first insists that the Commonwealth failed to prove that he violated the provisions of KRS 435.240, because it was not shown that he “abandoned his infant children, * * * leaving them in destitute circumstances.”

There was sufficient evidence to authorize the court to submit the question of appellant’s guilt to the jury. Prosecutrix, Queenie Coleman, testified that she is the mother of eight children, five of whom were fathered by the appellant. Prior to her marriage to appellant, prosecutrix stated, she attempted to support her children on aid she received from the State Welfare Department. During this period it was established that the appellant and prosecutrix continued to frequently indulge in sexual intercourse.

In 1954 prosecutrix and appellant were married, and lived together at the home of appellant’s parents for a few days, after which time she was forced to return to her former home. The reason for this action appears to be that while appellant agreed to take the three youngest children into his parents’ home, he refused to take the other children. Since that time the children have not had adequate food or clothing and have existed largely through help from neighbors. The appellant has been unemployed since 1952 and has not attempted to obtain employment. He claims he is physically unable to work; however, this is substantially contradicted. This evidence tends to establish that appellant abandoned his children who were under the age of 16, leaving them in destitute or indigent circumstances. The question of appellant’s guilt was properly submitted to the jury. Carr v. Commonwealth, 307 Ky. 207, 210 S.W.2d 778; Cox v. Commonwealth, 280 Ky. 94, 132 S.W.2d 739, 131 A.L.R. 478, and West v. Commonwealth, 194 Ky. 536, 240 S.W. 52.

Appellant contends that the instructions were erroneous and prejudicial in that *170they authorized a conviction for failure to provide for the “education of the children,” although it was shown that three of the children were under school age. Similar instructions were approved by this Court in Gee v. Commonwealth, 263 Ky. 808, 94 S.W.2d 17, where one of the children involved was'five years old: In view of the Gee case, and the further fact that two of the children here involved were of school age, we conclude that the instructions were not prejudicial.

. Judgment affirmed.
Exhibit








EXHIBIT 10.24




SECOND AMENDMENT TO JULY 1, 2014 EMPLOYMENT AGREEMENT
FAIRPOINT COMMUNICATIONS, INC.




WHEREAS, FairPoint Communications, Inc. (the “Company”) has heretofore entered into an Employment Agreement dated July 1, 2014 (the “Agreement”), amended by a First Amendment to July 1, 2014 Employment Agreement dated August 14, 2015 (“First Amendment”), by and between John J. Lunny (the “Executive”) and the Company and the parties thereto desire to amend the Agreement in the manner set forth below. 


NOW, THEREFORE, the undersigned parties to the Agreement agree that the Agreement shall be amended as follows, and that there is mutual, adequate and lawful consideration the receipt of which each acknowledges through execution of this Second Amendment. 


		
	1.
	The Term of Employment as defined in Section 2 of the Agreement, and as amended in Paragraph 1 of the First Amendment, shall continue through December 31, 2019, unless terminated sooner or renewed as provided in the Agreement. 




		
	2.
	The last sentence of subsection 3(b) of the Agreement shall be deleted in its entirety and replace with the following:




Executive’s principal place of employment shall be in South Burlington, Vermont, although Executive understands and agrees that he may be required to travel from time to time for business reasons.


		
	3.
	Except as specifically provided above, all terms and conditions of the Agreement shall remain in full force and effect.




Wherefore, the parties hereto agree to this Second Amendment, with the foregoing changes being effective as of November 21, 2016.


FAIRPOINT COMMUNICATIONS, INC.




/s/ Paul H. Sunu                        
By:    Paul H. Sunu
Title:    Chief Executive Officer


EXECUTIVE




/s/ John J. Lunny                        
John J. Lunny
EXHIBIT 12

FIRST REPUBLIC PREFERRED CAPITAL CORPORATION

(A Wholly Owned Subsidiary of Merrill Lynch
Bank & Trust Co., FSB)

STATEMENT OF COMPUTATION OF

RATIOS OF EARNINGS TO FIXED CHARGES



|                 |  |                                                   |  |                   |               |   |  |   |       |  
|---------------- |  | ------------------------------------------------- |  | ----------------- | ------------- | - |  | - | ----- | -
|                 |  |                                                   |  | Three MonthsEnded |              
|($ in thousands) |  | March 31,2009                                     |  |                   | March 28,2008 |  
|I.               |  | Earnings:                                         |  |                   |               |   |  |   |       |  
|                 |  | Net income                                        |  | $                 | 3,969         |   |  | $ | 4,575 |  
|                 |  | Fixed charges excluding preferred stock dividends |  |                   |              |   |  |   |      |  
|                 |  |                                                   |  |                   |               |   |  |   |       |  
|                 |  | Earnings before fixed charges                     |  | $                 | 3,969         |   |  | $ | 4,575 |  
|                 |  |                                                   |  |                   |               |   |  |   |       |  
|II.              |  | Fixed charges:                                    |  |                   |               |   |  |   |       |  
|                 |  | Preferred stock dividends                         |  | $                 | 2,588         |   |  | $ | 2,555 |  
|                 |  |                                                   |  |                   |               |   |  |   |       |  
|                 |  |                                                   | 
|III.             |  | Ratios of earnings to fixed charges               |  |                   | 1.53          | x |  |   | 1.79  | x
|                 |  |                                                   |  |                   |               |   |  |   |       |
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.                  

###### Pension Benefit Guaranty Corporation

# AGENCY:

Pension Benefit Guaranty Corporation.

# ACTION:

Notice.

# SUMMARY:

The Pension Benefit Guaranty Corporation (PBGC) announces the appointment of members of the PBGC Performance Review Board.

# SUPPLEMENTARY INFORMATION:

In accordance with 5 U.S.C. 4314(c)(4), made applicable by PBGC's Senior Level Performance Management System, PBGC announces the appointment of those individuals who have been selected to serve as members of PBGC's Performance Review Board. The Performance Review Board is responsible for making recommendations on each senior level (SL) professional's annual summary rating, performance-based adjustment, and performance award to the appointing authority.

The following individuals have been designated as members of PBGC's 2023 Performance Review Board: 

1. Gordon Hartogensis, Director

2. Kristin Chapman, Chief of Staff

3. David Foley, Chief of Benefits Administration

4. Patricia Kelly, Chief Financial Officer

5. Alice Maroni, Chief Management Officer

      ( print page 4634)    
Issued in Washington, DC, by

Gordon Hartogensis,

Director, Pension Benefit Guaranty Corporation.

[FR Doc. 2024-01361 Filed 1-23-24; 8:45 am]

BILLING CODE 7709-02-P
32.1 SECTION 1350 CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
 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 Commonwealth Income & Growth Fund IV, (the “Company”) on Form 10-Q for the quarter ended June 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Kimberly A. Springsteen-Abbott, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:
 
 (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 of operations of the Company.
 
 /s/Kimberly A. Springsteen-AbbottKimberly A. Springsteen-AbbottChief Executive OfficerAugust 16, 2010
**Exhibit 23.1****Consent of Independent Registered Public Accounting Firm**We consent to the incorporation by reference in the following Registration Statements:(1) Registration Statement (Form S-8 No. 333-105623) pertaining to the registration of 2,178,205shares of common stock pursuant to the Amended and Restated Employee Stock Purchase Plan; (2) Registration Statement (Form S-8 No. 333-86268) pertaining to 1,087,541 shares of commonstock related to certain Stock Option Grants outside of a plan; (3) Registration Statement (Form S-8 No. 333-74076) pertaining to 6,000,000 shares of commonstock pursuant to the 2001 Stock Incentive Plan; (4) Registration Statement (Form S-8 No. 333-41090) pertaining to 5,687,318 shares of commonstock pursuant to the 1992 Stock Incentive Plan, the 1999 Stock Incentive Plan and theEmployee Stock Purchase Plan; (5) Registration Statement (Form S-8 No. 333-136182) pertaining to 6,000,000 shares of the 2006Performance-Based Stock Incentive Plan; and (6) Registration Statement (Form S-3 No. 333-142362) pertaining to $175,000,000 of 2.50%Convertible Subordinated Notes due 2012 and 7,277,567 shares of common stock;of our report dated March 6, 2008, with respect to the consolidated financial statements of NewportCorporation, our report dated March 6, 2008 with respect to the effectiveness of internal controlover financial reporting of Newport Corporation, and our report with respect to the financialstatement schedule of Newport Corporation included in this Annual Report (Form 10-K) of NewportCorporation for the year ended December 29, 2007./s/ Ernst & Young LLPOrange County, California
```

[Federal Register Volume 89, Number 14 (Monday, January 22, 2024)]
[Notices]
[Page 3933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01047]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health

National Institute on Aging; Notice of Closed Meeting

    Pursuant to section 1009 of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Aging Special Emphasis 
Panel; PK/PD of mTOR Inhibitors in Aging.
    Date: March 5, 2024.
    Time: 12:30 p.m. to 5:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institute on Aging, Gateway Building, 7201 
Wisconsin Avenue, Bethesda, MD 20892 (Virtual Meeting).
    Contact Person: Mariel Jais, PharmD, Scientific Review Officer, 
Scientific Review Branch, National Institute on Aging, 7201 
Wisconsin Avenue, Gateway Bldg., Suite 2E400, Bethesda, MD 20892, 
(301) 594-2614, [email protected].

(Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging 
Research, National Institutes of Health, HHS)

    Dated: January 16, 2024.
Miguelina Perez,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2024-01047 Filed 1-19-24; 8:45 am]
BILLING CODE 4140-01-P
```
<PAGE>   1
                                                                    Exhibit 23.2





                          INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in Registration Statement Nos.
333-45879, 333-13033, 333-13035, and 333-16901 of US Diagnostic Inc. on Form S-8
and Registration Statement Nos. 333-05395 and 333-67959 of US Diagnostic Inc. on
Form S-3 of our report dated March 23, 1999, appearing in this Annual Report on
Form 10-K of US Diagnostic Inc. for the year ended December 31, 1998.


DELOITTE & TOUCHE LLP

Miami, Florida
March 23, 1999
I

104TH CONGRESS

2D SESSION S. 2153

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 28, 1996

Referred to the Committee on Government Reform and Oversight

AN ACT

To designate the United States Post Office building located

in Brewer, Maine, as the ‘‘Joshua Lawrence Chamberlain

Post Office Building’’, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

S 2153 RFH

1 SECTION 1. DESIGNATION OF JOSHUA LAWRENCE CHAM2 BERLAIN POST OFFICE BUILDING.

3 The United States Post Office building located at 22

4 Parkway South, Brewer, Maine, shall be known and des5 ignated as the ‘‘Joshua Lawrence Chamberlain Post Office

6 Building’’.

7 SEC. 2. REFERENCES.

8 Any reference in a law, map, regulation, document,

9 record, or other paper of the United States to the United

10 States Post Office building referred to in section 1 shall

11 be deemed to be a reference to the ‘‘Joshua Lawrence

12 Chamberlain Post Office Building’’.

Passed the Senate September 28, 1996.

Attest: KELLY D. JOHNSTON,

Secretary.
Exhibit 32.1

Certification under Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the quarterly report on Form 10-Q
of Hampton Roads Bankshares, Inc. (the Company) for the period ended March 31, 2007 to be filed with the Securities and Exchange Commission (Report), we, Jack W. Gibson, Chief Executive Officer, and Donald W. Fulton,
Jr., Chief Financial Officer, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that to the best of our knowledge:

(a) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(b) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



/s/ Jack W. GibsonJack W. GibsonChief Executive OfficerDate: May 9, 2007/s/ Donald W. Fulton, Jr.Donald W. Fulton, Jr.Chief Financial OfficerDate: May 9, 2007
EXHIBIT 31.1 CERTIFICATION  I, Keith Berman, certify that:  1. I have reviewed this report on Form 10-Q of Decision Diagnostics Corp. (f/k/a instaCare Corp.);  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 registrant as of, and for, the periods presented in this annual report;  4. I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the registrant and have:  a. Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under my supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to me by others within those entities, particularly during the period in which this report is being prepared;  b. Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under my supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;  c. Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report my 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  d. Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants fourth fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and  5. I have disclosed, based on my most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrant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 control over financial reporting.  Date: May 20, 2013  /s/ Keith Berman Keith Berman Principal Executive Officer and Principal Financial Officer
Exhibit 24.2RESOLUTION OF THE BOARD OF DIRECTORS OFSOUTHERN CALIFORNIA EDISON COMPANYAdopted: December 13, 2007RE: FORMS 10-K, 10-Q, AND 8-K     WHEREAS, the Securities Exchange Act of 1934, as amended, and regulations thereunder, requirethat Annual, Quarterly, and Current Reports be filed with the Securities and Exchange Commission(“Commission”), and it is desirable to effect such filings over the signatures ofattorneys-in-fact;     NOW, THEREFORE, BE IT RESOLVED, that each of the officers of this corporation ishereby authorized to file or cause to be filed with the Commission the Annual Report on Form 10-Kof this corporation for the fiscal year ended December 31, 2007, Quarterly Reports on Form 10-Q foreach of the first three quarters of fiscal year 2008, Current Reports on Form 8-K from time to timeduring 2008 through December 11, 2008, or in the event this Board of Directors does not meet onDecember 11, 2008, through the next succeeding date on which this Board holds a regular meeting,and any required or appropriate supplements or amendments to such reports, all in such forms as theofficer acting or counsel for this corporation considers appropriate.     BE IT FURTHER RESOLVED, that each of the officers of this corporation is hereby authorized toexecute and deliver on behalf of this corporation a power or powers of attorney appointing StephenE. Pickett, Thomas M. Noonan, Polly L. Gault, Barbara E. Mathews, Linda G. Sullivan,Robert C. Boada,

 
 George T. Tabata, Paige W. R. White, Michael A. Henry, KeithJ. Larson, Kathleen Brennan de Jesus, Jeffery D. Duran, Darla F. Forte, Bonita J. Smith, Marga Rosso, and Sarah C. Perez, and each of them, to actseverally as attorney-in-fact in their respective names, places and steads, and on behalf of thiscorporation, for the purpose of executing and filing with the Commission the above-describedreports and any amendments and supplements thereto.APPROVED:   /s/ Alan J. Fohrer Chairman of the Board     /s/ Stephen E. Pickett Senior Vice President and General Counsel     ADOPTED:     /s/ Barbara E. Mathews Corporate Secretary
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 20
- 0082 CITY OF BILLINGS,

Plaintiff and Appellee, v. KATRINA LYNN HOFMAN,

Defendant and Appellant
.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including July 27 , 20 20 , within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

June 19 2020

06/19/2020

Case Number: DA 20-0082
EXHIBIT 32.2

D&E Communications, Inc. and Subsidiaries

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 Annual Report on Form 10-K for the year ended December 31, 2005 of D&E Communications, Inc. (the Company) as
filed with the Securities and Exchange Commission on the date hereof (the Report), I, Thomas E. Morell, Chief Financial Officer of 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 Section 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 Company.



/s/ Thomas E. MorellName: Thomas E. MorellTitle:   Chief Financial OfficerDate:   March 14, 2006
|   | (a)    | the quarterly report on Form 10-Q of Immunovative, Inc. for the period ended September 30, 2012 fully complies with the requirements of Section 13(a) or 15(d) of the  Securities Exchange Act of 1934 ; and |
|--------|--------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                                                                              |
|   | (b)    | information contained in the quarterly report on Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of Immunovative, Inc.                                     |

| Date: November 16, 2012  |   |
|--------------------------|--------|
|                     |   |
| /s/ Bruce Harmon         |   |
| Bruce Harmon             |   |
| Chief Accounting Officer |   |