alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This memorandum opinion was not selected for pub lication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restricti ons on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations fr om the official paper version filed by the Court of Appeals and does not include the filing date. IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 1 JULIAN ARMENDARIZ, 2 Worker-Appellee, 3

v. NO. 32,888 4 BERNALILLO COUNTY DETENTION, 5 CENTER and NEW MEXICO COUNTY 6 INSURANCE AUTHORITY, 7 Employer/Insurer-Appellants. 8

APPEAL FROM THE WORKERS’ COMPENSATION ADMINISTRATION 9 Terry S. Kramer, Workers ’ Compensation Judge 10 Law Offices of Jeffrey C. Brown 11 Jeffrey C. Brown 12 Albuquerque, NM 13 for Appellee 14 Hoffman Kelley, LLP 15 Phyllis Savage Lynn 16 Keith D. Drennan 17 Albuquerque, NM 18 for Appellants 192 MEMORANDUM OPINION 1 GARCIA, Judge. 2
{1} Employer/Insurer appeals from the comp ensation order entered by the workers’ 3 compensation judge (WCJ). On appeal, Employer/Insurer contends that the WCJ erred 4 in concluding that Worker did not volunt arily remove himself from the workforce 5 when Worker was terminated from the Bernalillo County Detention Center, and 6 therefore also erred in concluding thatWorker was entitled to temporary total 7 disability benefits (TTD) and modifier benefits. This Court issued a calendar notice 8 proposing to reverse, and Worker filed a memorandum in opposition. While this case 9 was pending on the summary calendar, this Court issued its opinion in Hawkins v. 10 McDonald’s, ___ -NMCA-___, ___ P.3d ___ (No. 32,635, Dec. 17, 2013), cert. 11 denied , 2014-NMSC-002 (No. 34,511, Feb. 12, 2014). We therefore issued a second 12 calendar notice, this time relying on Hawkins , and proposed to affirm. 13 Employer/Insurer has filed a memorandum inopposition to this Court’s second notice 14 of proposed disposition. In its memorandum in opposition, Employer/Insurer concedes 15 that “[i]f the interpretation of law put forth in Hawkins adequately balances the 16 interests of the worker and the employer, Worker will be entitled to PPD and statute17 based modifier benefits.” [2dMIO 1] However, Employer/Insurer argues that Hawkins 18 “strikes an unfair balance against Employer[.]” [2dMIO 1] To the extent 193 Employer/Insurer is asking this Court to reconsider Hawkins , we decline to do so. 1 Given that Hawkins is the latest pronouncement from this Court on this issue, we 2 apply the holding in Hawkins and affirm for the reasons stated in our second notice 3 of proposed disposition. 4
{2} IT IS SO ORDERED. 5

6 TIMOTHY L. GARCIA, Judge 7

WE CONCUR: 8

9 JONATHAN B. SUTIN, Judge 10

11 M. MONICA ZAMORA, Judge 12
**Exhibit 32.1**

**CERTIFICATION**

Solely for the purposes of complying with 18 U.S.C. 1350, I, the undersignedPrincipal Executive Officer andPrincipal Financial Officer of McKenzie Bay International, Ltd.  (the "Company"),  hereby certify, based on my  knowledge,  that  the Quarterly  Report  on Form 10-QSB of the Company  for  the  quarter ended December 31, 2005  (the "Report") fully complies  with  the requirements of Section 13(a) of the Securities Exchange Act  of 1934 and  that  information contained  in  the Report fairly presents, in all material respects, the financial condition  and results of operations of the Company.

Date:March 3, 2006

/s/ Gregory N. Bakeman

____________________

Gregory N. Bakeman

Principal Executive Officer andPrincipal Financial Officer
**Exhibit 32.2**

**CERTIFICATION PURSUANT TO**

**SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,**

**AS ADOPTED PURSUANT TO**

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

Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, as principal financial officer of SMTC Corporation (the “Company”), does hereby certify that to the undersigned’s knowledge: 

1) the Company’s quarterly report on Form 10-Q for the quarter ended July 2, 2006 fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934; and 

2) the information contained in the Company’s quarterly report on Form 10-Q for thequarter ended July 2, 2006 fairly presents, in all material respects, the financial condition and results of operations of the Company. 

 

Date: August 16, 2006 

A signed original of this written statement required by Section 906 has been provided to SMTC Corporation and will be retained by SMTC Corporation and furnished tothe Securities and Exchange Commission or its staff upon request.
II

104TH CONGRESS

1ST SESSION S. 297

To amend the Internal Revenue Code of 1986 to clarify the exclusion from

gross income for veterans’ benefits.

IN THE SENATE OF THE UNITED STATES

JANUARY 30, 1995

Mr. ROCKEFELLER (for himself, Mr. DASCHLE, Mr. GRAHAM, Mr. AKAKA,

Mr. CAMPBELL, Mr. JEFFORDS, Mr. LEAHY, and Mr. BINGMAN) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend the Internal Revenue Code of 1986 to clarify

the exclusion from gross income for veterans’ benefits.

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 ‘‘Veterans’ Tax Fairness

5 Act of 1995’’.
2

•S 297 IS

1 SEC. 2. CLARIFICATION OF TREATMENT OF VETERANS’

2 BENEFITS.

3 (a) IN GENERAL.—Subsection (a) of section 134 of

4 the Internal Revenue Code of 1986 (relating to certain

5 military benefits) is amended to read as follows:

6 ‘‘(a) GENERAL RULE.—Gross income shall not in7 clude—

8 ‘‘(1) any qualified military benefit, and

9 ‘‘(2) any allowance or benefit administered by

10 the Secretary of Veterans Affairs which is received

11 by a veteran (as defined in section 101 of title 38,

12 United States Code) or a dependent or survivor of

13 a veteran.’’

14 (b) TECHNICAL AMENDMENT.—Paragraph (3) of

15 section 137(a) of such Code is amended to read as follows:

16 ‘‘(3) Benefits under laws administered by the

17 Secretary of Veterans Affairs, see section 5301 of

18 title 38, United States Code.’’

19 (c) EFFECTIVE DATE.—The amendment made by

20 subsection (a) shall apply to taxable years beginning after

21 December 31, 1984.

Æ
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• I
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7880

In Re: GEORGE BOYD STONE, Petitioner.
On Petition for Writ of Mandamus. (CR-93-3) Submitted: January 19, 2005 Decided: February 2, 2005 Before WILLIAMS, MICHAEL, and MOTZ, Circuit Judges. Petition denied by unpublished per curiam opinion. George Boyd Stone, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: On December 1, 2003, George Boyd Stone filed a petition for writ of mandamus, seeking an order from this court requiring the district court to rule on Stone’s September 11, 2002 motion to preserve evidence in his criminal case. The motion was denied on June 12, 2003, rendering Stone’s petition moot. Thus, Stone requests that his petition be construed as a notice of appeal from the district court’s June 12 order. However, even if we construed the petition as Stone requests, the notice of appeal would be untimely. See Fed. R. App. P. 4(b)(1). Moreover, although Stone contends that he did not receive timely notice of the denial of his motion, we are without jurisdiction to extend the time to appeal. See United States v. Little , 2004 WL 2955027, *7 (4th Cir. Dec. 22, 2004). Accordingly, we grant Stone’s motion to proceed in forma pauperis, deny Stone’s petition for writ of mandamus, and deny his request to construe the petition as a notice of appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

PETITION DENIED
#### J & R COAL COMPANY et al., Appellants, v. Lawrence Ray CARTER et al., Appellees.

Court of Appeals of Kentucky.

Oct. 2, 1964.

Clore & Swinford, Kelly Clore, Pineville, for appellants.

Julian H. Golden, Pineville, for appellee Lawrence Ray Carter.

J. C. Helton, Pineville, for appellee Coal Operators Casualty Co.

J. W. Craft, Frankfort, for appellee Workmen’s Compensation Board.

WILLIAMS, Judge.

The appellee, Lawrence Ray Carter, was found by the Workmen’s Compensation Board to be totally disabled from silicosis. On appeal to the circuit court the Board’s *876finding was sustained and from a judgment entered thereon this appeal is taken.

The only issue is whether the appellee’s last injurious exposure to a hazard which would cause silicosis occurred during his employment with the appellant J & R Coal Company. He had worked many years in the mines of appellant until his employment was terminated in January 1962. X-rays taken soon thereafter showed he had silicosis.

The appellant introduced evidence that the appellee had worked inside various mines after his employment with them. Their theory is the appellee was exposed to a hazard which would cause silicosis following the termination of his employment with them. Their testimony was that ap-pellee worked inside his own mine and inside a mine belonging to Steve Sullivan and a mine belonging to the Barton Brothers after January 1962. It is contended that the proof of his working in those mines is conclusive and uncontradicted.

Had appellant’s testimony been the only proof taken concerning appellee’s activity after his employment was terminated, it would have been conclusive. But the appel-lee categorically denied each allegation that he had worked inside a mine after January 1962. He was asked:

> “Q. Did you work any place for Barton Brothers?

> *“A.*I helped build a coal bin and runway outside.

> "Q. Do you know Steve Sullivan?

> “A. Yes.

> “Q. Did you work in the mines for him?

> “A. Never a day in my life.

> “Q. Did you operate a mine of your own since you have been cut off from J & R Coal Company?

> “A. No.”

Appellee was also asked if he had worked in various other mines, and he replied that he had not.

There is a direct conflict in the evidence which has been resolved by the Workmen’s Compensation Board. The sole function of a court in reviewing factual determinations in Workmen’s Compensation cases is to determine if the evidence upon which an order is based is relevant and substantial. Savage v. Claussner Hosiery Co., Ky., 379 S.W.2d 473. The weight given to such evidence is a matter solely for the Board. The Mengel Co. v. Lehman, Ky., 259 S.W.2d 19. There is relevant and substantial evidence that the appellee last suffered injurious exposure to the hazards of silicosis while employed by the appellant J & R Coal Company.

The judgment is affirmed.
MEMORANDUM

TO: Heavy Duty GHG Docket

FROM: Steven Silverman, Attorney

RE: Meeting with EPA staff and representatives of various environmental advocacy groups Jan. 6, 2011

On January 6, 2011, various members of EPA staff met with representatives of major 

environmental groups (ICCT, NRDC, EDF, UCC among them) to discuss these groups’ concerns and 

prospective comments on the proposed rules establishing greenhouse gas standards for heavy duty 

vehicles and engines. A sign up sheet of attendees is attached to this memorandum. Also attached is 

the paper presented to EPA at the meeting summarizing these groups’ concerns with aspects of the 

proposal. There was some substantive discussion of the issues presented, centering on timing of 

standards to redesign cycles (for standards for 2b/3 vehicles) and accommodating the diversity of 

vehicles within a segment (standards for vocational vehicles).
V

104TH CONGRESS

1ST SESSION S. 450

For the relief of Foad Miahi-Neysi and his wife, Haiedeh Miahi-Neysi.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 16 (legislative day, JANUARY 30), 1995

Mr. GRASSLEY introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

A BILL

For the relief of Foad Miahi-Neysi and his wife, Haiedeh

Miahi-Neysi.

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

3 SECTION 1. PERMANENT RESIDENCE.

4 Notwithstanding any provision of the Immigration

5 and Nationality Act, for the purposes of such Act, Foad

6 Miahi-Neysi and his wife, Haiedeh Miahi-Neysi, shall be

7 held and considered to have been lawfully admitted to the

8 United States for permanent residence as of the date of

9 the enactment of this Act, upon payment of the required

10 visa fees.
2

•S 450 IS

1 SEC. 2. REDUCTION OF THE NUMBER OF AVAILABLE VISAS.

2 Upon the granting of permanent residence to the in3 dividuals named in section 1, the Secretary of State shall

4 instruct the proper officer to reduce by the proper number,

5 during the current or the next fiscal year—

6 (1) the total number of immigrant visas avail7 able to natives of the country of the aliens’ birth

8 under section 203(a) of the Immigration and Na9 tionality Act (8 U.S.C. 1153(a)); or

10 (2) if applicable, the total number of immigrant

11 visas available to natives of the country of the aliens’

12 birth under section 202(e) of the Act (8 U.S.C.

13 1152(e)).

Æ
EXHIBIT 32.1

                                Certification of
                            American River Bankshares
            pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
          regarding Quarterly Report on Form 10-Q for the quarter ended
                               September 30, 2008


         Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections
(a) and (b) of section 1350, chapter 63 of title 18, United States Code), each
of the undersigned officers of American River Bankshares, a California
corporation (the "Company"), does hereby certify that:

         1.       The Company's Quarterly Report on Form 10-Q for the quarter
                  ended September 30, 2008 (the "Form 10-Q") fully complies with
                  the requirements of Section 13(a) or 15(d) of the Securities
                  Exchange Act of 1934, as amended; and

         2.       Information contained in the Form 10-Q fairly presents, in all
                  material respects, the financial condition and results of
                  operations of the Company.


Dated: November 5, 2008                By: /s/ DAVID T. TABER
                                           -------------------------------------
                                           David T. Taber
                                           President and Chief Executive Officer


Dated: November 5, 2008                By: /s/ MITCHELL A. DERENZO
                                           -------------------------------------
                                           Mitchell A. Derenzo
                                           Executive Vice President and
                                           Chief Financial Officer



         A signed original of this written statement required by Section 906 has
been provided to American River Bankshares and will be retained by American
River Bankshares and furnished to the Securities and Exchange Commission or its
staff upon request.


                                       45
##### 



Exhibit 3.5

Form of Amendment to Article Fourth to the

Companys Certificate of Incorporation

CERTIFICATE OF AMENDMENT

OF
CERTIFICATE OF INCORPORATION
OF
XYBERNAUT CORPORATION

It is hereby certified that:

1. The name of the corporation is Xybernaut Corporation (hereinafter
called the Corporation).

2. The Certificate of Incorporation of the Corporation (the Certificate
of Incorporation) is hereby amended by deleting section A of Article FOURTH
thereof in its entirety and by substituting in lieu of said section the
following new section A:



| | A. The aggregate number of shares which the Corporation shall have authority
to issue is 206,000,000 of which 6,000,000 shares with a par value of $.01 shall be designated Preferred Shares and
200,000,000 shares with a par value of $.01 shall be designated
Common Shares.
| | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

3. The amendment of the Certificate of Incorporation herein certified has
been duly adopted in accordance with the provisions of Section 242 of the
General Corporation Law of the State of Delaware.

Dated:           , 2002

| |                                                        
| | -------------------------------------------------------
| | __________________________________________
Name:
Title:
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 369 Referred in House (RFH)]

104th CONGRESS
  1st Session
                                 S. 369

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 6, 1995

     Referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 AN ACT

 
    To designate the Federal Courthouse in Decatur, Alabama, as the 
   ``Seybourn H. Lynne Federal Courthouse'', and for other purposes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. DESIGNATION.

    The Federal Courthouse in Decatur, Alabama, is designated as the 
``Seybourn H. Lynne Federal Courthouse''.

SEC. 2. LEGAL REFERENCES.

    Any reference in any law, regulation, document, record, map, or 
other paper of the United States to the building referred to in section 
1 is deemed to be a reference to the Seybourn H. Lynne Federal 
Courthouse.
            Passed the Senate August 9 (legislative day, July 10), 
      1995.

            Attest:

                                             KELLY D. JOHNSTON,

                                                             Secretary.
```
SECURITIES AND EXCHANGE COMMISSION



	Washington, D.C. 20549



	Form 11-K


	ANNUAL REPORT




	Pursuant to Section 15 (d) of the
	Securities Exchange Act of 1934



	For the Fiscal Year Ended December 31, 1996





	PREMIER FINANCIAL SERVICES, INC.
	EMPLOYEE SAVINGS AND STOCK PLAN AND TRUST
	(Full title of the plan)






	GRAND PREMIER FINANCIAL, INC.
	486 WEST LIBERTY ST.
	WAUCONDA, IL 60084



	(Name of issuer of the Securities held pursuant to the Plan and
 the address of principal executive offices, including Zip Code)







	Required Information




Financial Statements

The following financial statements are filed as part of this report:

	(a)   Financial Statements of the Plan which are included in the        
	annual report of the Plan to its Participants for the year ended        
	December 31, 1996 as follows:


	Independent Auditors' Report
	Statements of Net Assets Available for Plan Benefits for the two        
	years ended December 31, 1996
	Statements of Changes in Net Assets Available for Plan Benefits         
	for the two years ended December 31, 1996
	Notes to Financial Statements
	Schedule I - Assets Held for Investment Purposes
	Schedule II - Reportable Transactions


	(b)    Exhibit

		  23. Consents of Experts and Counsel






	Signatures

Pursuant to the requirements of the Securities Exchange Act of 1934, the 
trustees have duly caused this annual report to be signed on its behalf 
by the undersigned hereunto duly authorized.


					 Premier Financial Services, Inc.
					 Employeee Savings and Stock Plan
					 and Trust

    March 25, 1997                 By: /s/s David L Murray          
					 David L. Murray, Executive
					 Vice President, Chief Financial
					 Officer and Director
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 2198 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
104th CONGRESS
  2d Session
                                S. 2198

_______________________________________________________________________

                                 AN ACT

 
 To provide for the Advisory Commission on Intergovernmental Relations 
           to continue in existence, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
    Section 1. (a) Notwithstanding the provision under the heading 
``advisory commission on intergovernmental relations'' under title IV 
of the Treasury, Postal Service, and General Government Appropriations 
Act, 1996 (Public Law 104-52; 109 Stat. 480), the Advisory Commission 
on Intergovernmental Relations may continue in existence solely for the 
purpose of performing any contract entered into under section 7(a) of 
the National Gambling Impact Study Commission Act (Public Law 104-169; 
110 Stat. 1487). The Advisory Commission on Intergovernmental Relations 
shall terminate on the date of the completion of such contract.
    (b) The Advisory Commission on Intergovernmental Relations and 
employees of the Commission who are considered to be Federal employees 
under section 6(e) of Public Law 96-380 (42 U.S.C. 4276(e)) shall make 
contributions to and participate in Federal health insurance, life 
insurance, and retirement programs to the same extent and in the same 
manner as before the date of enactment of this section. The Commission 
shall make any such contributions from funds received through 
contracts.
    Sec. 2. Section 615 of the Departments of Commerce, Justice, and 
State, the Judiciary, and Related Agencies Appropriations Act, 1997 
(contained in Pub. L. No. 104-208) is amended by deleting ``and 
Community Oriented Policing Services Program'' and by deleting ``and 
part Q of title I of the Omnibus Crime Control and Safe Streets Act of 
1968''. The amendments made by this section shall take effect upon 
enactment.

            Passed the Senate October 3, 1996.

            Attest:

                                                             Secretary.
104th CONGRESS

  2d Session

                                S. 2198

_______________________________________________________________________

                                 AN ACT

 To provide for the Advisory Commission on Intergovernmental Relations 
           to continue in existence, and for other purposes.
```