alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-12-00232-CV

In re Wayne Ernest Barker

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

M E M O R A N D U M O P I N I O N

Relator has filed a petition for writ of mandamus complaining about the alleged

failure of an administrative assistant in the Open Records section of the Texas Department of

Criminal Justice to comply with relator’s open records request. See Tex. R. App. P. 52.8. Having

reviewed the petition, which does not include a record or even an appendix, we deny the petition for

writ of mandamus.

__________________________________________

David Puryear, Justice

Before Justices Puryear, Henson and Goodwin

Filed: May 1, 2012
1

MEMORANDUM

DATE: September 16, 2014

SUBJECT: Revised Emissions Data Used in Residual Risk Modeling: Acrylic and 

Modacrylic Fibers, Amino/Phenolic Resins, and Polycarbonate Production

FROM: Nick Parsons, US EPA

TO: Docket ID No. EPA-HQ-OAR-2012-0133

1.0 Introduction and Background

The purpose of this memorandum is to provide supplemental information to the 

December 11, 2013, memorandum entitled, “Emissions Data and Acute Risk Factor Used in 

Residual Risk Modeling: Acrylic and Modacrylic Fibers, Amino/Phenolic Resins, and 

Polycarbonate Production.” This memorandum provides information on the Environmental 

Protection Agency (EPA) Risk and Technology Review (RTR) database used in estimating 

residual risk for the Acrylic and Modacrylic Fibers Production (AMF), Amino/Phenolic Resins 

Production (APR), and Polycarbonate Production (PC) Maximum Achievable Control 

Technology (MACT) source categories. These MACT standards cover only major sources.

Section 112 of the Clean Air Act (CAA) establishes a two-stage regulatory process to 

address emissions of hazardous air pollutants (HAPs) from stationary sources. In the first stage, 

section 112(d) requires the EPA to develop technology-based standards for categories of 

industrial sources. In the second stage, known as the residual risk stage, section 112(f)(2) 

requires EPA to assess the health and environmental risks that remain after sources come into 

compliance with the MACT standards. If additional risk reductions are necessary to protect 

public health with an ample margin of safety or to prevent adverse environmental effects, EPA 

must develop standards to address these remaining risks.

2.0 Revisions to the Data Set Used in Residual Risk Modeling

Since the January 9, 2014, proposed rulemaking covering the RTR for the AMF, APR, 

and PC MACT standards (79 FR 1676), the EPA has received additional information from 

commenters on these source categories. This additional information is described in further detail 

below.

2.1 AMF Source Category

The EPA did not receive any additional information on the emissions inventory used for 

the AMF source category. Therefore, the dataset for the AMF source category has not been 

revised from the version used for the proposal and a revised risk assessment was not conducted.
2

2.2 APR Source Category

The EPA has added one additional facility to the APR source category as a result of 

information received from commenters (OCC in Petrolia, PA). The commenter also provided 

emissions inventory data from 2011 for the EPA to use in risk modeling. The dataset for the APR 

source category was revised to reflect the addition of this facility, and this revised dataset was 

used in a revised risk assessment for the source category.

2.3 PC Source Category

The EPA did not receive any additional information on the emissions inventory used for 

the PC source category. Therefore, the dataset for the PC source category has not been revised 

from the version used for the proposal and a revised risk assessment was not conducted.
Exhibit 32
Certification 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)
     Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Subsections (a) and (b) of Section1350, Chapter 63 of Title 18, United States Code), each of the undersigned officers ofDaimlerChrysler Services North America LLC, as Servicer of DaimlerChrysler Master Owner Trust (the“Trust”), does hereby certify, to such officer’s knowledge, that:
     The Trust’s Annual Report on Form 10-K for the year ended December 31, 2004 (the “Form 10-K”)fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities ExchangeAct of 1934 and information contained in the Form 10-K fairly presents, in all material aspects,the financial condition and results of operations of the Trust.   Date: March 24, 2005 /s/ Klaus Entenmann   Klaus Entenmann President and Chief Executive Officer, DaimlerChrysler Services North America LLC, as Servicer of DaimlerChrysler Master Owner Trust   Date: March 24, 2005 /s/ Paul E. Knauss   Paul E. Knauss Vice President and Chief Financial Officer, DaimlerChrysler Services North America LLC, as Servicer of DaimlerChrysler Master Owner Trust
I 

113TH CONGRESS 

1ST SESSION H. R. 273 

To eliminate the 2013 statutory pay adjustment for Federal employees. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 15, 2013 

Mr. DESANTIS (for himself, Mr. ISSA, Mr. FARENTHOLD, Mr. MICA, Mr. 

DUNCAN of Tennessee, Mr. JORDAN, Mr. COLLINS of Georgia, Mr. 

MEADOWS, Mr. YOHO, Mr. MASSIE, Mr. HUDSON, Mr. WOODALL, Mr. 

RADEL, Mr. WILLIAMS, Mr. LANKFORD, Mr. CRAMER, Mr. RICE of South 

Carolina, Mr. MULLIN, Mr. WENSTRUP, Mr. GRAVES of Georgia, Mr. 

LABRADOR, Mr. CHAFFETZ, Mr. STEWART, Mr. SALMON, Mr. 

BENTIVOLIO, Mr. ROTHFUS, Mr. HALL, Mr. COTTON, and Mr. GOWDY) 

introduced the following bill; which was referred to the Committee on 

Oversight and Government Reform 

A BILL 

To eliminate the 2013 statutory pay adjustment for Federal 

employees. 

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

3 SECTION 1. ELIMINATION OF 2013 PAY ADJUSTMENT. 

4 (a) IN GENERAL.—Section 147 of the Continuing 

5 Appropriations Act, 2011 (Public Law 111–242; 5 U.S.C. 

6 5303 note), as amended by section 114(a) of the ConVerDate Mar 15 2010 19:13 Jan 17, 2013 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H273.IH H273

TKELLEY on DSK3SPTVN1PROD with 
2 

•HR 273 IH

1 tinuing Appropriations Resolution, 2013 (Public Law 

2 112–175; 126 Stat. 1316), is amended— 

3 (1) in subsection (b)(1), by striking the matter 

4 after ‘‘ending on’’ and before ‘‘shall be made’’ and 

5 inserting ‘‘December 31, 2013,’’; and 

6 (2) in subsection (c), by striking the matter 

7 after ‘‘ending on’’ and before ‘‘no senior executive’’ 

8 and inserting ‘‘December 31, 2013,’’. 

9 (b) ELIMINATION OF DELAYED ADJUSTMENT.—Sec10 tion 114(b) of the Continuing Appropriations Resolution, 

11 2013 is repealed. 

Æ 


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#### In the Matter of Darrell Williams, Respondent, v Michele Harris, Respondent, and Yvonne Harris, Appellant.

Order, Family Court, New York County (Elrich A. Eastman, J.), entered December 8, 1988, which, *inter alia,*granted petitioner custody of his daughter, is unanimously affirmed, without costs.

After successfully obtaining an order of filiation, petitioner sought custody of his child, as against both the mother and the maternal grandmother, the respondent-appellant herein. At the hearing, testimony was taken from petitioner, his sister, the mother, the grandmother, the petitioner father’s social worker, and a friend of petitioner who worked as a counselor in the child’s day care center. Expert testimony was given by two psychologists of the Mental Health Services.

The trial record established that petitioner, although previously incarcerated, had at the time of the hearing been employed for three years, completed a parenting class, main*115tained close contact with his daughter and established suitable living arrangements. The record demonstrated that the mother had been and most likely remained a drug abuser and that the maternal grandmother was in reality the primary caretaker of the child. The grandmother, it was determined, had been for many years a cocaine and heroin user and was often seen under the influence of alcohol. Although the grandmother denied current drug use, her treatment program records belied those protestations and she admitted having deceived both psychologists that had examined her and who had recommended that custody remain with the grandmother. While in the grandmother’s custody, the child had a school attendance record of 59 latenesses, 18 full absences and eight half-days absences in 1987 which the grandmother attributed to her need to assist her other daughter with her newborn child. Despite the child’s in camera examination wherein she expressed a desire to remain with her grandmother, the court awarded custody to the father with liberal visitation rights to both the mother and grandmother. We agree.

The best interest of the child mandates that she be placed in the custody of her father. The record supports the court’s finding that the father had overcome his problems and has established a stable environment for his daughter, and in view of her young age the child’s preference is in no way binding *(see, Obey v Degling,*37 NY2d 768). We find that in the circumstances the disclosure of appellant’s medical records was necessary and material.

Finally, there is no evidence that appellant was provided with ineffective assistance of counsel *(see, People v Baldi,*54 NY2d 137). Concur—Murphy, P. J., Carro, Rosenberger and Smith, JJ.
**Exhibit 31.2**

 

 

**CERTIFICATIONS**

 

I, Stephen E. Tremblay, certify that: 

 

1. I have reviewed this annual report on Form 10-K of Vertis,Inc.;

 

2. Based on my knowledge, this report does notcontain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

 

3. Based on my knowledge, the financial statements,and other financial information included in this report, fairly present in allmaterial respects the financial condition, results of operations and cash flowsof the registrant as of, and for, the periods presented in this report; 

 

4. The registrant’s other certifying officer(s) andI are responsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and have:

 

(a) Designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to be designedunder our supervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which thisreport is being prepared;

 

(b) [Omitted in accordance with the guidance of SECRelease No. 33-8238]

 

(c) Evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures, as of theend of the period covered by this report based on such evaluation; and

 

(d) Disclosed in this report any change in theregistrant’s internal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarterin the case of an annual report) that has materially affected, or is reasonablylikely to materially affect, the registrant’s internal control over financial reporting;and

 

5. The registrant’s other certifying officer(s) andI have disclosed, based on our most recent evaluation of internal control overfinancial reporting, to the registrant’s auditors and the audit committee ofregistrant’s board of directors (or persons performing the equivalentfunctions):

 

(a) All significant deficiencies and materialweaknesses in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; and

 

(b) Any fraud, whether or not material, thatinvolves management or other employees who have a significant role in theregistrant’s internal control over financial reporting.

 

 
|   |                                              |
|--------|---------------------------------------------------|
|   | /s/ STEPHEN E. TREMBLAY                           |   |
|   | **Name: Stephen E. Tremblay**                |
|   | Title: President and Chief Financial Officer |

 

Date: March 27, 2006

 

----
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.                  

###### National Science Foundation

In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation announces the following meeting.

*Name:*                         Special Emphasis Panel in Bioengineering and Environmental Systems (1189).                    

*Date and Time:*                         November 8, 2000, 8 a.m.-5 p.m.                    

National Science Foundation, 4201 Wilson Boulevard, Room 380, Arlington, VA.

*Type of Meeting:*                         Closed.                    

*Contact Person:*                         A. Frederick Thompson and Nicholas L. Clesceri, Program Directors, Division of Bioengineering and Environmental Systems, National Science Foundation; 4201 Wilson Boulevard, Arlington, Virginia 22230; Telephone: (703) 292-8320.                    

*Purpose of Meeting:*                         To provide advice and recommendations concerning proposals submitted to NSF for financial support.                    

*Agenda:*                         To review and evaluate Environmental Engineering 2001 CAREER Proposals as part of the selection process for awards.                    

*Reason for Closing:*                         The proposals being reviewed include information of a proprietary or confidential nature, including technical information; financial data, such as salaries; and personal information concerning individuals associated with the proposals. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act.                     

Dated: October 16, 2000.

Karen J. York,

Committee Management Officer.

[FR Doc. 00-26979  Filed 10-19-00; 8:45 am]

BILLING CODE 7555-01-M
Seventh Amendment of the Sky Financial Group Profit Sharing, 401(K) and ESOP



 Exhibit 10.32 
  
 SEVENTH
AMENDMENT 
 OF THE 
 SKY FINANCIAL GROUP, INC. PROFIT SHARING, 401(K)
AND ESOP PLAN 
 (As Amended and Restated Effective January 1, 2004) 
  
 WHEREAS,
Sky Financial Group, Inc. (the “Company”) maintains the Sky Financial Group, Inc. Profit Sharing, 401(k) and ESOP Plan (the “Plan”); and 
  
 WHEREAS, the Company has delegated authority to amend the Plan to the Sky Financial
Group, Inc. Benefit Plans Committee (the “Committee”), and the Committee has determined that amendment of the Plan is necessary and desirable. 
  
 NOW, THEREFORE, pursuant to the power reserved to the Company by Section 10.01 of the Plan, and by
virtue of the authority delegated to the Committee, the Plan, as previously amended, is hereby further amended, effective as of January 1, 2005, by adding the following to the end of the second paragraph of Section 13.14 of the Plan: 
  
 “Notwithstanding the foregoing or the
provisions of Section 2.01, no Employee of Meyer & Eckenrode Investments, Inc. will be eligible to receive Profit Sharing Contributions provided for under Section 3.04 of the Plan, unless such Employee is scheduled to become an Employee of Sky
Trust, N.A. on or around January 1, 2006.” 
  
 *        *        * 
  
 IN WITNESS WHEREOF, on behalf of the Committee, the undersigned Committee member has
executed this amendment this 30th day of December 2005. 
  

			
	 SKY FINANCIAL GROUP, INC.

	 BENEFIT PLANS COMMITTEE

		
	 By:
	 	 /s/ Thomas A. Sciorilli


	 Its:
	 	 Chief Human Resources Officer
#### The People of the State of New York, Respondent, v Edward B. Taylor, Appellant.

Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered October 30, 1987, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.

County Court properly found that the informant’s statement, which was based on his personal observations of defendant’s conduct and was verified by the form notice authorized by Penal Law § 210.45, provided the requisite probable cause to bring defendant into custody (see, *People v Sullivan,*56 NY2d 378; *People v Webster,*161 AD2d 960). As to defendant’s claim that he was coerced into confessing out of fear for his family, an examination of the totality of the circumstances surrounding his confession *(see, People v Anderson,*42 NY2d 35, 37-38)—a five-hour interrogation during which he was allowed to personally speak to his wife and have something to eat or drink—amply supports County Court’s conclusion that the confession was voluntary.

Judgment affirmed. Mahoney, P. J., Casey, Weiss, Levine and Mercure, JJ., concur.
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2805 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2805

To amend title 18, United States Code, to clarify the range of conduct 
          punished as sex trafficking, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 24, 2013

Mr. Poe of Texas (for himself, Mrs. Carolyn B. Maloney of New York, Ms. 
   Granger, and Mr. Nolan) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To amend title 18, United States Code, to clarify the range of conduct 
          punished as sex trafficking, 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. SHORT TITLE.

    This Act may be cited as the ``End Sex Trafficking Act of 2013''.

SEC. 2. FIGHTING DEMAND FOR SEX TRAFFICKING.

    (a) In General.--Section 1591 of title 18, United States Code, is 
amended--
            (1) in subsection (a)(1), by striking ``or maintains'' and 
        inserting ``maintains, patronizes, or solicits'';
            (2) in subsection (b)(1), by striking ``or obtained'' and 
        inserting ``obtained, patronized, or solicited'';
            (3) in subsection (b)(2), by striking ``or obtained'' and 
        inserting ``obtained, patronized, or solicited''; and
            (4) in subsection (c), by striking ``or maintained'' and 
        inserting ``, maintained, patronized, or solicited''.
    (b) Definition Amended.--Section 103(10) of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7102(10)) is amended by striking ``or 
obtaining'' and inserting ``obtaining, patronizing, or soliciting''.

SEC. 3. TARGETING OFFENDERS WHO EXPLOIT CHILDREN.

    Not later than 180 days after the date of enactment of this Act, 
the Attorney General shall ensure that all task forces and working 
groups within the Innocence Lost National Initiative engage in 
activities, programs, or operations to increase the investigative 
capabilities of State and local law enforcement officers in the 
detection, investigation, and prosecution of persons who patronize, or 
solicit children for sex.
                                 <all>
```
Exhibit 10.9(b)

OPTION SURRENDER

September 25,
2003

TO
J.CREW GROUP, INC.:

I
hereby surrender to J. Crew Group, Inc. (the "Company") the following portions of the option to purchase shares of common stock
of the Company that were granted to me under the Company's 2003 Equity Incentive Plan (the "Plan") pursuant to the Stock Option Grant Agreement, dated
as of February 12, 2003, between the Company and me (the "Stock Option Agreement"): (1) the Premium Option Tranche 1 (as defined in the
Stock Option Agreement) to purchase 836,889 shares of common stock and (2) the Premium Option Tranche 2 (as defined in the Stock Option Agreement) to purchase 836,889 shares of common stock.
This surrender does not affect any other option or restricted stock award that may have been made to me at any other time. I hereby further acknowledge and agree that I will have no rights to or
interest in the surrendered options effective as of the date hereof.

In
consideration of the surrender of these options, the Company hereby agrees to grant to me on the date six months plus one day from the date hereof: (1) an option to purchase
836,889 shares of common stock at an exercise price that is not less than fair market value on the date of grant and (2) an option to purchase 836,889 shares of common stock at an exercise
price that is not less than fair market value on the date of grant, each to vest in equal annual installments on the second, third, fourth and fifth anniversaries of my commencement date of
employment, provided that the Service Period (as defined in the Services Agreement, dated as of January 24, 2003, between the Company, J.Crew Operating Corp., me and Millard S.
Drexler, Inc. (the "Services Agreement")) has not terminated as of each such applicable vesting date. Notwithstanding the foregoing,
(i) in the event that the Company terminates the Services without Cause (as each term is defined in the Services Agreement) or I terminate the Services
for Good Reason (as defined in the Services Agreement) prior to the consummation of a Change in Control (as defined in the Plan), that portion of each option that would have become vested and
exercisable on the next succeeding vesting date shall vest and become immediately exercisable and any remaining portion of each option that has not become vested and exercisable shall immediately
expire and be forfeited, (ii) in the event that, within the two-year period following the consummation of a Change in Control, the Company terminates the Services without Cause or I
terminate the Services for Good Reason, all or any portion of each option that has not yet become exercisable shall vest and become immediately exercisable, or (iii) if the Service Period
terminates for any other reason, any portion of each option which has not become exercisable on the date of termination of the Services shall immediately expire and be forfeited.

|                           |  | Very truly yours, 
|-------------------------- |  | ------------------
|                           |  | Millard S. Drexler
|AGREED:
J.CREW GROUP, INC. |  |                   
|                           |  |                   

---



QuickLinks
#### CUDDY v. STATE.

No. 24725.

Court of Criminal Appeals of Texas.

March 29, 1950.

None on appeal for appellant.

George P. Blackburn, State’s Atty., of Austin, for the State.

DAVIDSON, Judge.

The offense is burglary; the punishment, three years in the penitentiary.

The record is before us without bills of exception or a statement of facts. Nothing is presented for review.

The judgment of the trial court is affirmed.

Opinion approved by the Court.