alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### SANFORD v. STATE.

No. 14739.

Court of Criminal Appeals of Texas.

Feb. 3, 1932.

*308Oscar Callaway, of *Comanche,,*Baker & Baker, of Coleman, and Callaway & Callaway, of Brownwood, for appellant.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

CHRISTIAN, J.

The offense is selling intoxicating liquor; the punishment, confinement in the penitentiary for two and one-half years.

A federal prohibition enforcement officer testified that he purchased some whisky from appellant. He said that a Mrs. Black accompanied him to appellant’s place of business. Mrs. Black gave testimony corroborating that of the officer. .Testifying in his own behalf,. appellant denied that he had any transaction with the officer -in which he sold him whisky.

Bill of exception No. 3 presents the following occurrence: Appellant asked Mrs. Black on cross-examination if she was not a common prostitute in the town of Brown-wood, and if she was not at the time running a house of prostitution. Upon the state’s objection, the court declined to permit the wit-^ ness to answer the question. It is certified in the bill of exception'’that the witness would have answered that she was a common prostitute and had conducted a public place for prostitution. In qualifying the bill of exception, the court states that he declined to permit the witness to answer the question. He says, however, that during the cross-examination of the witness she testified that her occupation for the past two or three years had been that of taking in washing. The court does not say that the witness would not have answered as certified in the bill of exception. It has long been the rule in this court that a witness may be asked on cross-examination if she is a common prostitute, and that the party asking the question is bound by the answer given, and cannot call other witnesses to impeach her testimony or disprove her answer. McCray v. State, 38 Tex. Cr. R. 609, 44 S. W. 170; Hall v. State, 43 Tex. Cr. R. 479, 66 S. W. 783; Yeager v. State, 96 Tex. Cr. R. 124, 256 S. W. 914; Mobley v. State, 89 Tex. Cr. R. 646, 232 S. W. 531; Brittain v. State, 47 Tex. Cr. R. 597, 85 S. W. 278; Campbell v. State, 89 Tex. Cr. R. 243, 230 S. W. 695; Hastings v. State (Tex. Cr. App.) 43 S.W.(2d) 113. The witness gave material testimony against appellant. According to the testimony of the pro hibition officer, appellant 'declined to make the sale' to him until Mrs. Black introduced him to appellant. Appellant denied that he made the sale. The testimony of Mrs. Black corroborated the officer that the sale was made, as detailed in the testimony of the officer. In the light of the record, the failure of the court to permit the impeachment of the *witness*by *proving by*her *that*she was a common prostitute, in our opinion, presents reversible error.

The judgment is reversed, and the cause remanded.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the court.
Customer Service Hotline: 1-800-438-2474

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

1650 Arch Street

Philadelphia, Pennsylvania 19103-2029

January 29, 2015

The Honorable David A. Costello

Acting Secretary, Maryland Department of the Environment

1800 Washington Boulevard

Baltimore, Maryland 21230

Dear Secretary Costello:

On January 15, 2015, the U.S. Environmental Protection Agency (EPA) received a 

revision to the Maryland State Implementation Plan (SIP), SIP revision #15-01, from the 

Maryland Department of the Environment (MDE). The SIP revision consists of new regulation 

COMAR 26.11.09.12 (Standards for Biomass Fuel-Burning Equipment equal to or greater than 

350,000 Btu/hr), and also includes amendments to regulations .01, .04, .06, .07, .09, and .10

under COMAR 26.11.09 – Control of Fuel-Burning Equipment, Stationary Internal Combustion 

Engines, and Certain Fuel-Burning Installations. EPA has determined that the submittal is 

administratively and technically complete, and is reviewing it to prepare a Notice of Proposed 

Rulemaking. 

If members of your staff have any questions, they may direct them to Ms. Irene Shandruk, 

at (215) 814-2166. She is the principal contact for this rulemaking. 

Sincerely,

 /s/

 David L. Arnold, Acting Director

 Air Protection Division 

cc: George S. Aburn, Director, MDE

Brian Hug, MDE
EXHIBIT 32.1





CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER PURSUANT TO RULE 13A-14(B) AND RULE 15D-14(B) OF THE SECURITIES EXCHANGE ACT OF 1934 AND 18 U.S.C. SECTION 1350





In connection with the Quarterly Report of Auxilio, Inc. (the “Company”) on Form 10-Q for the quarter ended March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), we, Joseph J. Flynn, Chief Executive Officer and Paul T. Anthony, 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 to the best of our knowledge:




(1)           The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and






(2)           The information contained in the Report fairly presents, in all material respects, the financial condition of the Company as of the dates presented and the results of operations of the Company for the periods presented.






Date: May 16, 2011




By:
/s/ Joseph J. FlynnJoseph Flynn,

President and Chief Executive Officer





By:
/s/ Paul T. AnthonyPaul Anthony,

Chief Financial Officer








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





This certification accompanies the Quarterly Report pursuant to Rule 13a-14(b) or Rule 15d-14(b) under the Securities Exchange Act of 1934 and 18 U.S.C. Section 1350 and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934.
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1055 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1055

  To direct the Secretary of Defense to issue a commendation to each 
individual exposed to mustard agents during World War II, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 23, 1993

Mr. Goss (for himself, Mr. Frank of Massachusetts, Mr. Browder, and Mr. 
  Bilirakis) introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
  To direct the Secretary of Defense to issue a commendation to each 
individual exposed to mustard agents during World War II, 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. ISSUANCE OF COMMENDATION TO INDIVIDUALS EXPOSED TO MUSTARD 
              AGENTS DURING WORLD WAR II.

    (a) In General.--The Secretary of Defense shall issue to each 
individual described in subsection (b) a commendation in honorary 
recognition of the individual's special service, loyalty, and 
contribution to the United States.
    (b) Covered Individuals.--An individual referred to in subsection 
(a) is an individual who, as a member of the armed forces or an 
employee of the Department of War, was exposed to mustard agents in 
connection with testing performed by the Department of War during World 
War II.

SEC. 2. NOTIFICATION OF EXPOSURE.

    The Secretary of Defense shall notify each individual described in 
section 1 of the exposure described in such section, the possible 
health effects of the exposure, and the likely options available to the 
individual for medical treatment for health effects resulting from the 
exposure.

SEC. 3. AVAILABILITY OF INFORMATION.

    The Secretary of Defense shall make available to the Secretary of 
Veterans Affairs any information of the Department of Defense regarding 
the exposure described in section 1, including the names of the 
individuals subjected to the exposure.

                                 <all>
```
§ 152.15 Pesticide products required to be registered. 

 top

No person may distribute or sell any pesticide product that is not registered under the Act, except as 

provided in §§152.20, 152.25, and 152.30. A pesticide is any substance (or mixture of substances) 

intended for a pesticidal purpose, i.e. , use for the purpose of preventing, destroying, repelling, or 

mitigating any pest or use as a plant regulator, defoliant, or desiccant. A substance is considered to be 

intended for a pesticidal purpose, and thus to be a pesticide requiring registration, if: 

(a) The person who distributes or sells the substance claims, states, or implies (by labeling or 

otherwise): 

(1) That the substance (either by itself or in combination with any other substance) can or should be 

used as a pesticide; or 

(2) That the substance consists of or contains an active ingredient and that it can be used to 

manufacture a pesticide; or 

(b) The substance consists of or contains one or more active ingredients and has no significant 

commercially valuable use as distributed or sold other than (1) use for pesticidal purpose (by itself or in 

combination with any other substance), (2) use for manufacture of a pesticide; or 

(c) The person who distributes or sells the substance has actual or constructive knowledge that the 

substance will be used, or is intended to be used, for a pesticidal purpose. 

Electronic Code of Federal Regulations: Page 1 of 1

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?type=simple;c=ecfr;cc=ecfr;idno=40;region=... 11/17/2011
ex10_42.htm


    
      

    

    EXHIBIT
10.42

     

    
      FIRST
AMENDMENT TO

      


      CONSULTING
AND INDEPENDENT CONTRACTOR AND SERVICES AGREEMENT

      


      AND
WORK ORDERS

       

      THIS
FIRST AMENDMENT TO CONSULTING AND INDEPENDENT CONTRACTOR AND SERVICES AGREEMENT
AND WORK ORDERS (this “Amendment”) is dated as of October 21, 2008, is by and
between Symyx Technologies, Inc. (“Symyx”) and David C. Hill (“Consultant”), and
amends both that certain Consulting and Independent Contractor and Services
Agreement executed by such parties on February 6 and February 8, 2008,
respectively (the “Agreement”), and Work Orders #1 and #2 entered into under the
Agreement, pursuant to Section 10.7 of the Agreement.  Other than as
expressly set out in this Amendment, all of the Agreement, and the
above-referenced Work Order #1 and Work Order #2 remain unchanged and in full
force and effect.

      


      1. Work
Order #1 under the Agreement is terminated immediately, and no further fees or
expense reimbursements are due to Consultant under Work Order #1.

      


      2. The
body of Paragraph I. of Work Order #2 under the Agreement is hereby deleted in
its entirety and replaced with the following:

      


      “Consultant
shall provide consulting and general advice on Symyx Research projects as
requested, including as a non-exclusive example advice to and leadership of
Symyx Biorenewables, Inc.”

      


      3. The
first sentence in the body of Paragraph III. of such Work Order #2 is hereby
deleted and replaced with:

      


      “Monthly
fees: $16,667/month in fees (reduced to $14,000 for the month of December 2008),
subject to the aggregate $120,000 cap set out below.”

      


      4. The
third sentence in the body of Paragraph III. of such Work Order #2 is hereby
deleted and replaced with:

      


      “Maximum
cost of Consultant under Work Order #1 and this Work Order #2 in the aggregate
shall not exceed $120,000”.

      


      
        
          
            
              
                	
                        CONSULTANT

                      	
                        SYMYX
      TECHNOLOGIES, INC.

                      
	 
      	 
      
	 
      	 
      
	 
      	 
      
	
                        /s/
      David C. Hill

                      	
                        /s/
      Rex S. Jackson

                      
	 
      	 
      
	
                        David
      C. Hill

                      	
                        Rex
      S. Jackson

                      
	 
      	 
      
	 
      	
                        Executive
      VP and Chief Financial
Officer
**Exhibit 31.2**

 

**RULE 13a-14(a)/15d-14(a) CERTIFICATION**

 

I, Gary W. Qualmann, certifythat:

 

1.     I have reviewed this Quarterly Report on Form10-Q of AirNet Systems, Inc. for the quarterly period ended March 31,2004;

 

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 financialstatements, and other financial information included in this report, fairlypresent in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in thisreport;

 

4.     The registrant’s other certifying officer 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) Designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

 

(b) Evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

 

(c) Disclosedin this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter thathas materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

 

5.     The registrant’s other certifying officer and Ihave disclosed, based on our most recent evaluation of internal control overfinancial reporting, to the registrant’s auditors and the audit committee ofthe registrant’s board of directors:

 

(a) Allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and

 

(b) Any fraud,whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.

 

 
| Date: May 14, 2004 |                            |
|--------------------|---------------------------------|
|               | /s/ Gary W.  Qualmann           |   |
|               | Printed  Name: Gary W. Qualmann |
|               | Title:                          | Chief  Financial Officer, Treasurer  and Secretary  (Principal Financial Officer) |
|                    |                                 |  |  |  |

 

1

----
**Exhibit 32****SECTION 1350 CERTIFICATION***     In connection with the Quarterly Report of AirNet Systems, Inc. (the “Corporation”) on Form10-Q for the quarterly period ended March 31, 2007, as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), the undersigned Bruce D. Parker, Chairman of theBoard, Chief Executive Officer and President, and Gary W. Qualmann, Chief Financial Officer,Treasurer and Secretary, certify, pursuant to Section 1350 of Chapter 63 of Title 18 of the UnitedStates Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to thebest of their knowledge: (1) The Report fully complies with the requirements of Section 13(a) of theSecurities Exchange Act of 1934; and  (2) The information contained in the Report fairly presents, in allmaterial respects, the consolidated financial condition and results ofoperations of the Corporation and its subsidiaries.            /s/ Bruce D. Parker Bruce D. Parker        /s/ Gary W. Qualmann Gary W. Qualmann   Chairman of the Board, Chief   Chief Financial Officer, Treasurer and  Executive Officer and President   Secretary         Dated: May 11, 2007   Dated: May 11, 2007  * This certification is being furnished as required by Rule 13a-14(b) under the SecuritiesExchange Act of 1934, as amended (the “Exchange Act”), and Section 1350 of Chapter 63 of Title18 of the United States Code, and shall not be deemed “filed” for purposes of Section 18 ofthe Exchange Act or otherwise subject to the liability of that Section. This certificationshall not be deemed to be incorporated by reference into any filing under the Securities Actof 1933, as amended, or the Exchange Act, except to the extent that the Corporationspecifically incorporates this certification by reference into any such filing.
28
#### VALDEZ v. STATE.

No. 20027.

Court of Criminal Appeals of Texas.

Dec. 14, 1938.

Wm. E. Davenport, of San Angelo, for appellant.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

*304HAWKINS, Judge.

Appellant entered a plea of guilty to a charge of burglary and requested the court to submit the issue of suspended sentence. The jury returned a verdict of guilty upon appellant’s plea and fixed his punishment at confinement in the penitentiary , for two years, but failed to recommend that his sentence be suspended.

The record is before this court without bills of exception or statement of facts. The indictment being in proper form there is nothing before this court for review.

The judgment is affirmed.
exh10-2_093008.htm


    Exhibit
10.2

    


    SECOND
AMENDMENT

    TO
THE

    PNM
RESOURCES, INC.

    EXECUTIVE
SPENDING ACCOUNT PLAN

    


    


    Effective
as of January 1, 1980, Public Service Company of New Mexico (“PNM”) adopted
the Amended and Restated Medical Reimbursement Plan of Public Service Company of
New Mexico (the “MERP”).  Sponsorship of the MERP was subsequently
transferred from PNM to PNM Resources, Inc. (the “Company”) on November 30,
2002.  Effective January 1, 2002, the Company established the
Executive Spending Account (the “ESA”).  Effective December 1, 2002,
the Company merged the MERP with and into the ESA and named the combined program
the “PNM Resources, Inc. Executive Spending Account Plan” (the
“Plan”).  The Plan has been amended and restated on two occasions,
with the most recent restatement being effective, generally, as of
January 1, 2004.  The Plan was subsequently amended on one
occasion.  By this instrument, the Company now desires to modify the
Plan to provide for the reimbursement of Covered Expenses for same-sex
Spouses.

     

    1. This
Third Amendment shall be effective as of January 1, 2009.

     

    2. This
Third Amendment amends only the provisions of the Plan as set forth herein, and
those provisions not expressly amended by this Third Amendment shall continue in
full force and effect.

    3. The
definition of “Dependent” in Article 2 (Defined Terms) of the
Plan is hereby amended by adding the following to the end thereof:

     

         Effective
January 1, 2009, a Participant’s “Dependents” shall additionally include a
Participant’s same-sex Spouse.

     

    
      
        
        

      

      
        
        

        
          

        

      

      
        
        

      

    

    4. The
definition of “Spouse” is added to Article 2 (Defined Terms) of the
Plan immediately following the definition of “Qualifying Event” as
follows:

     

    Spouse:                    An
individual of the opposite or same sex who is legally married to theParticipant
under the laws of the jurisdiction in which the marriage wasperformed or
occurred.

    


    5. Each
place the word “spouse” is used in the Plan shall be replaced with the word
“Spouse” to reflect the new definition.

    IN WITNESS WHEREOF, the Company has
caused this Second Amendment to be executed as of this 28th day of August,
2008.

     

    PNM
RESOURCES, INC.

    


    


    By:           /s/ Alice A.
Cobb                                           

    


       Its:
SVP, Chief
Administrative Officer


    
      
         


      

      
        2
exv10w3



 






Exhibit 10.3




Description of Non-Employee Director Compensation




      Pursuant to the Company’s pre-existing policies, non-employee directors receive $25,000 per
year for serving on the Company’s Board (their “Annual Retainer”). Committee Chairmen receive an
additional $5,000 per year. Non-employee directors receive $2,000 for each regular director meeting
attended and $1,000 for each special meeting or committee meeting attended. On May 25, 2004, the
Company adopted the Affirmative Insurance Holdings, Inc. 2004 Stock Incentive Plan (the “Stock
Incentive Plan”). Under the Stock Incentive Plan, each non-employee director will receive annually,
on January 31, an option to purchase 5,000 shares of the Company’s common stock at a price equal to
the closing price on the last day of trading in January of that year with a vesting period of one
year from the date of grant.



      On February 22, 2005, the Compensation Committee recommended and on February 23, 2005, the
Board approved, that in addition to the forgoing, the non-employee directors would receive an
annual grant of 1,000 shares of restricted stock and that members of the audit committee would
receive an annual grant of an additional 500 shares of restricted stock. This restricted stock will
vest on the first anniversary of the grant date, provided however, that the non-employee director
must fulfill his or her term for which the restricted shares were granted in order for the
restrictions to be lifted.
Summary of Analytical Results(662 - April 2011)Sample ID662-GRAB 662-GRAB 662-GRAB 662-GRABDate4/4/11 4/11/11 4/18/11 4/25/11Top (ft)0000Total (T)/Bottom (ft)0000Analyteunits Diss. (D) Duplicate #1111PFOA ug/L T 7.49 7.25 5.61 7.24Samples were analyzed by Critical Path Services. Reported resultscollected on 4/11/11 represents the average of duplicate results.PFOA = Perfluorooctanoic Acidug/L = micrograms per Literrepresent a single analysis, except for the sample collected on 4/11/11.Aceptable precision was obtained and the reported result for the sample< and ND = Non detect at stated reporting limitPage 1 of 1cwk 662 grab results_apr11.xls:Sheet18/22/2011 2:25 PM