alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v William J. Hayes, Appellant.

Judgment unanimously reversed on the law and new trial granted. Memorandum: It was error for the trial court, in the absence of a request by defendant, to charge the jury that no unfavorable inference should be drawn from the defendant’s failure to testify *(see,*CPL 300.10; *People v Koberstein,*66 NY2d 989, 990; *People v Vereen,*45 NY2d 856, 857). Furthermore, since the proof of defendant’s guilt was not overwhelming, harmless error analysis is not applicable *(see, People v Travis,*134 AD2d 868). The trial court also erred in admitting, over defense counsel’s objection, testimony from a witness regarding defendant’s involvement in a plot to kill the witness’s father. That testimony was admitted by the trial court to provide the jury with the contextual setting for defendant’s statement that he had previously killed a barmaid named "Sandra”. Although that unrelated testimony may have assisted the jury by providing the context for the statement, it was inadmissible because it was not necessary for the jury to comprehend the admissible statement *(see, People v Ely,*68 NY2d 520, 531; *People v Ward,*62 NY2d 816, 818). In view of our conclusions, defendant’s conviction must be reversed and a new trial granted.

We have reviewed defendant’s remaining contentions and find them to be without merit. (Appeal from judgment of Erie County Court, Drury, J.—murder, second degree.) Present— Doerr, J. P., Boomer, Pine, Balio and Lawton, JJ.
**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 ActiveCore Technologies, Inc. formerly
      IVP Technology Corporation (the “Company”) on Form 10-QSB for the period ending
      September 30, 2006 as filed with the Securities and Exchange Commission on
      the
      date hereof (the “Report”), each of the undersigned herby certifies,
      pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, in his capacity as an officer of the Company, that:




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 results of operation of the Company.


Date: December
              18, 2006
            By:
            */s/
              Peter J. Hamilton*Name:Peter
                J. HamiltonTitle:President
                and Chief Executive Officer





A
      signed
      original of this written statement required by Section 906, or other document
      authentications, acknowledging, or otherwise adopting the signature that appears
      in typed form within the electronic version of this written statement required
      by Section 906, has been provided to ActiveCore Technologies, Inc. formerly
      IVP
      Technology Corporation and will be retained by ActiveCore Technologies, Inc.
      and
      furnished to the Securities and Exchange Commission or its staff upon request.
#### JONES v. KING.

No. 7489.

United States Court of Appeals for the District' of Columbia.

Argued May 14, 1940.

Decided June 17, 1940.

J. Harry Welch and C. Booker Powell, both of Washington, D. C., for appellant.

William R. Lichtenberg, David A. Hart, and Joseph B. Danzansky, all of Washington, D. C., for appellee.

Before MILLER, EDGERTON, and VINSON, Associate Justices.

EDGERTON, Associate Justice.

Appellee has recovered damages for injury by appellant’s automobile. ' Appellant had a monthly storage and’ delivery contract with a garage, and at the time of the accident one of its employees was delivering the car to her, as she expected, in response to her telephone call. She did not select the driver. There was evidence that he was negligent. The sole question is whether the District Court was right in instructing the jury to find for appellee if he was free from contributory negligence and if his injury was caused by the negligence of the driver.

The instruction was plainly right. The Code of the District provides that “Whenever any motor vehicle * * * shall be operated * * * by any person other than the owner, with the consent of the owner, express or implied, the operator thereof shall,' in case of accident, be deemed to be the agent of the owner **** 1 As this statute dispenses with the common-law requirement of actual agency as a condition of the owner’s liability, Forrester v. Jerman, 67 App.D.C. 167, 90 F.2d 412, the common-law cases which appellant cites are not in point. It is immaterial that appellant’s consent was given indirectly, through the garage. 2 In order to perform its contract with her, it had to furnish a driver. It is also immaterial that consent was given for the owner’s own purposes and not, as in the Forrester case, for the accommodation of a friend.3

*523Appellant urges that there was a bailment here. This is true, but immaterial. Since the bailment was created by the owner’s consent, the statute covers it. Most consents to the operation of a car in the owner’s absence, including the loan in the Forrester case, involve bailments.

Affirmed.

1

 D.C.Code, Supp. V., Tit. 6, § 255b; 49 Stat. 166.

2

 Zuckerman v. Parton, 260 N.Y. 446, 184 N.E. 49.

3

 Zuckerman v. Parton, supra; Mistretta v. Docterman, 109 N.J.L. 498, 162 A. 658.
EXHIBIT 31.1



CERTIFICATIONS



I, Lynda L. Pitts, Chief Executive Officer of Regan Holding Corp., certify that:



1.

I have reviewed this annual report on Form 10-K of Regan Holding 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 report;



4.

The registrants other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:



a.

Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;



b.

Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our 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



c.

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



5.

The registrants other certifying officer and I have disclosed, based on our 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:  March 31, 2009

By: /s/ Lynda L. Pitts

Lynda L. Pitts

Chairman and Chief Executive Officer







---
#### COMMERCIAL STANDARD INS. CO. v. MARTINEZ.

No. 10834.

Court of Civil Appeals of Texas. San Antonio.

March 20, 1940.

Johnson & Rogers, of San Antonio, for appellant.

Raymond, Algee & Alvarado, of Laredo, and Chas. J. Lieck, of San Antonio, far appellee.

*600SMITH, Chief Justice.

The parties appellant and appellee have filed a joint motion that the judgment appealed from in this cause be reformed in accordance with an agreement of the parties, and as so reformed the judgment be affirmed.

In connection with the motion the parties have filed their joint agreement, as stated, and in pursuance of that agreement the judgment of the district court in favor of appellee and against appellant, for the sum of $6,007.80, with interest thereon at the rate of 6% per annum from November 13, 1939, will be reformed so as to provide that appellee recover of appellant the sum only of $4,000, with interest as aforesaid, together with the costs of the litigation, and as so reformed said judgment will be affirmed.

Reformed and affirmed.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S QUARTERLY REPORT ON FORM 10-QSB FOR THE NINE MONTHS ENDED
SEPTEMBER 30, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                         147,301
<SECURITIES>                                         0
<RECEIVABLES>                                8,961,643
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            10,987,385
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              10,987,385
<CURRENT-LIABILITIES>                          164,417
<BONDS>                                     13,196,141
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,000
<OTHER-SE>                                      39,000
<TOTAL-LIABILITY-AND-EQUITY>                10,987,385
<SALES>                                      1,784,509
<TOTAL-REVENUES>                             1,794,066
<CGS>                                          891,819
<TOTAL-COSTS>                                  891,819
<OTHER-EXPENSES>                               420,323
<LOSS-PROVISION>                               276,902
<INTEREST-EXPENSE>                           1,176,175
<INCOME-PRETAX>                              (971,153)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (971,153)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
----

----

|   | (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. |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   |   | True      Product ID, Inc.                                               |   |
|--------|--------|--------------------------------------------------------------------------|--------|
|   |   |                                                                     |   |
|   |   | By:  /s/  Charles A.      RufaiCharles      A. Rufai |   |
|   |   | Chief      Accounting Officer                                            |   |

----
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.                  

###### Department of Commerce

###### Foreign-Trade Zones Board 

          - [Order No. 1121] 

Pursuant to its authority under the Foreign-Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board (the Board) adopts the following Order: 

*Whereas,*                     the Foreign-Trade Zones Act provides for “* * * the establishment * * * of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and                           ( print page 76218)                        for other purposes,” and authorizes the Foreign-Trade Zones Board to grant to qualified corporations the privilege of establishing foreign-trade zones in or adjacent to U.S. Customs ports of entry;                 

*Whereas,*                     the Board of Park Commissioners, Decatur Park District (the Grantee), has made application to the Board (FTZ Docket 36-99, filed July 14, 1999), requesting the establishment of a foreign-trade zone in Decatur, Illinois, adjacent to the Peoria Customs port of entry;                 

*Whereas,*                     notice inviting public comment has been given in the                     **Federal Register**                     (64 FR 39483, July 22, 1999); and                

*Whereas,*                     the Board adopts the findings and recommendations of the examiner's report, and finds that the requirements of the FTZ Act and the Board's regulations are satisfied, and that approval of the application is in the public interest;                 

*Now, Therefore,*                     the Board hereby grants to the Grantee the privilege of establishing a foreign-trade zone, designated on the records of the Board as Foreign-Trade Zone No. 245, at the site described in the application and serving the area described in the application record, subject to the Act and the Board's regulations, including § 400.28.                 

Signed at Washington, DC, this 21st day of November 2000. 

Foreign-Trade Zones Board. 

Norman Y. Mineta,

Secretary of Commerce, Chairman and Executive Officer. 

[FR Doc. 00-31107 Filed 12-5-00; 8:45 am] 

BILLING CODE 3510-DS-P
[Federal Register Volume 65, Number 237 (Friday, December 8, 2000)]
[Notices]
[Pages 77045-77046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31267]


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

NATIONAL SCIENCE FOUNDATION


Special Emphasis Panel in Civil and Mechanical Systems; Notice of 
Meeting

    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 Civil and Mechanical Systems 
(1205).
    Date and Time: January 24, 2001, 8 a.m. to 5 p.m.

[[Page 77046]]

    Place: NSF, 4201 Wilson Boulevard, Room 530, Arlington, VA.
    Type of Meeting: Closed.
    Contact Person: Dr. Alison Flatau, Program Director, Dynamic 
Systems and Control, Sensor Technologies for Civil and Mechanical 
Systems, National Science Foundation, 4201 Wilson Blvd., Room 545, 
Arlington, VA 22230. Telephone: (703) 292-8360.
    Purpose of Meeting: To provide advice and recommendations 
concerning proposals submitted to NSF for financial support.
    Agenda: To review and evaluate nominations for the FY'01 Dynamic 
Systems and Control Individual Investigator Award (IIA) Review Panel 
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: December 1, 2000.
Karen J. York,
Committee Management Officer.
[FR Doc. 00-31267 Filed 12-7-00; 8:45 am]
BILLING CODE 7555-01-M
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Statement of Financial Condition at September 30, 1997 (Unaudited) and
the Statement of Income for the Nine Months ended September 30, 1997
(Unaudited) and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               SEP-30-1997
<CASH>                                           1,768
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 1,768
<PP&E>                                          79,624
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  81,391
<CURRENT-LIABILITIES>                           90,400
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         8,980
<OTHER-SE>                                     (9,009)
<TOTAL-LIABILITY-AND-EQUITY>                    81,391
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                66,331
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (81,168)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (81,168)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (81,168)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
**EXHIBIT 21**

 

**Subsidiaries of Numerex Corp**.

 
| Broadband  Networks, Inc.           |   | (Tier  1) |
|-------------------------------------|--------|-----------|
| DCX  Systems, Inc.                  |   | (Tier  1) |
| Digilog,  Inc.                      |   | (Tier  1) |
| Numerex  Investment Corp.           |   | (Tier  1) |
| BNI Solutions LLC                   |   | (Tier  2) |
| Bronzetech Limited                  |   | (Tier  2) |
| DCX Systems                         |   | (Tier  2) |
| DCX Systems (Australia) Pty Limited |   | (Tier  2) |
| Numerex Solutions LLC               |   | (Tier  2) |
| Cellemetry  LLC(1)                  |   |      |
| Uplink Security, Inc.               |   | (Tier  2) |

 

----

(1)  Company owns 60%. BellSouthWireless LLC owns the remaining 40%.

 

E-20

----
EX-10(CC)



 






Exhibit 10(CC)




THIRD AMENDMENT
TO

THE O.M. SCOTT & SONS COMPANY


EXCESS BENEFIT PLAN




     WHEREAS, The Scotts Company (“Scotts”) sponsors The O.M. Scott & Sons Company Excess Benefit
Plan (the “Plan”); and



     WHEREAS, on March 18, 2005 (the “Effective Time”), Scotts consummated the restructuring
of Scotts’ corporate structure into a holding company structure by merging Scotts into a
wholly-owned second-tier Ohio limited liability company subsidiary, The Scotts Company LLC (the
“Company”), pursuant to the Agreement and Plan of Merger, dated as of December 13, 2004 (the
“Merger Agreement”), by and among Scotts, The Scotts Miracle-Gro Company (“Scotts Miracle-Gro”) and
the Company; and



     WHEREAS, in connection with and as a result of the merger of Scotts into the Company, the
Company assumed, as of the Effective Time, the Plan and all obligations and liabilities of Scotts
thereunder; and



     WHEREAS, Section 6.1 of the Plan provides that the Company may amend the Plan;




     NOW, THEREFORE, effective as of March 18, 2005, the Plan is amended as follows to reflect the
Company’s assumption of the Plan:



          1. The title of the Plan is amended to be “The Scotts Company LLC Excess Benefit Plan.”




          2. Section 1, the definition of “Base Plan” is amended and restated to read, in its
entirety, as follows: “Base Plan” means The Scotts Company LLC Associates’ Pension Plan.



          3. Section 1, the definition of “Company” is amended and restated to read, in its entirety,
as follows: “Company” means The Scotts Company LLC, an Ohio limited liability company.



          4. Section 1, the definition of “Plan” is amended and restated to read, in its entirety, as
follows: “Plan” means The Scotts Company LLC Excess Benefit Plan.



     IN
WITNESS WHEREOF, the Company has caused this Amendment to be
executed on this 6th day of
May, 2005, to be effective as of March 18, 2005.


	 	 	 	 
	

	 	THE SCOTTS COMPANY LLC


	

	 	By: /s/ Christopher L. Nagel


Print Name: Christopher L. Nagel


Title: EVP and Chief Financial Officer
exv10w1






Exhibit 10.1




AMENDMENT NO. 1 TO

CARBO CERAMICS INC.

DIRECTOR DEFERRED FEE PLAN



Effective as of October 31, 2008, Paragraph 11 of the CARBO Ceramics Director Deferred Fee Plan is
hereby amended and restated in its entirety as follows:



“11. Effective Date. This Plan shall become effective on December 19, 2005. The Board may
amend, suspend or terminate the Plan at any time; provided that no such amendment, suspension or
termination shall adversely affect the amounts in any then-existing Common Stock Account. Upon
termination of the Plan, the Company shall pay to each Eligible Director in shares of Common Stock
the amount in any then-existing Common Stock Account in accordance with the applicable provisions
of Section 6 and elsewhere in the Plan that would otherwise apply had the Plan not been
terminated (collectively, the “Applicable Payment Provisions”). For the avoidance of doubt, the
Applicable Payment Provisions shall survive any termination of the Plan.





1