alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 65, Number 28 (Thursday, February 10, 2000)]
[Notices]
[Page 6633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3143]


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

DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Manufacturer of Controlled Substances; Notice of Registration

    By Notice dated October 1, 1999, and published in the Federal 
Register on October 13, 1999, (64 FR 55489), Chattem Chemicals, Inc., 
3801 St. Elmo Avenue, Building 18, Chatanooga, Tennessee 37409, made 
application by renewal to the Drug Enforcement Administration (DEA) to 
be registered as a bulk manufacturer of methamphetamine (1105), a basic 
class of controlled substance listed Schedule II.
    The firm plans to bulk manufacture methamphetamine to produce 
products for distribution to its customers.
    DEA has considered the factors in Title 21, United States Code, 
Section 823(a) and determined that the registration of Chattem 
Chemicals, Inc. to manufacture methamphetamine is consistent with the 
public interest at this time. DEA has investigated the firm on a 
regular basis to ensure that the company's continued registration is 
consistent with the public interest. These investigations have included 
inspection and testing of the company's physical security systems, 
verification of the company's compliance with state and local laws, and 
a review of the company's background and history. Therefore, pursuant 
to 21 U.S.C. 823 and 28 CFR Sec. 0.100 and 0.104, the Deputy Assistant 
Administrator, Office of Diversion Control, hereby orders that the 
application submitted by the above firm for registration as a bulk 
manufacturer of the basic class of controlled substance listed above is 
granted.

    Dated: January 24, 2000.
John H. King,
Deputy Assistant Administrator, Office of Diversion Control, Drug 
Enforcement Administration.
[FR Doc. 00-3143 Filed 2-9-00; 8:45 am]
BILLING CODE 4410-09-M
#### McDUFFIE v. STATE.

No. 16691.

Court of Criminal Appeals of Texas.

April 18, 1934.

Rehearing Denied May 16, 1934.

Parks E. MeMichael, of Linden, for appellant.

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

KRUEGER, Judge.

The appellant was tried and convicted of the offense of transporting intoxicating liquor, and his punishment assessed at confinement in the state penitentiary for a term of one year.

The record is before us without a statement of facts or bills of exception. No defect either in the'indictment or procedure has been pointed out or has been perceived. No question is presented for review.

The judgment is affirmed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the judges *272of the Court of Criminal Appeals and approved by the court.

On Motion for Rehearing.

MORROW, Presiding Judge.

The motion for rehearing is based upon the statement that appellant has not been financially able to obtain copies of the transcript, but that he can obtain the transcript by the 31st day of May, 1934; that is to say, he can have the statement of facts and bills of exception on file by that time. Unfortunately, the time has elapsed within which the bills of exception and statement of facts can be considered. The statute, article 760', O. C. P. 1925, provides that the statement of facts must be filed within ninety days after notice of appeal is given. Likewise, the bills of exception, if filed within the time sought by appellant, would be too late to authorize this court to consider them.

The motion for rehearing is overruled.
#### Belgo Asian Diamond Cy. et al., Appellants, v European American Bank & Trust Co., Respondent.

Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered October 19, 1989, which dismissed the claims of plaintiffs during trial, unanimously affirmed, with costs.

The plaintiffs, various diamond dealers, were allegedly induced to offer credit in diamond sales to Berbro International, based upon defendant’s representations that Berbro’s account was "satisfactory”, i.e., recommended for normal business. As is here relevant, the court dismissed all fraud and negligent misrepresentation claims raised by the plaintiffs.

In accordance with customary procedures, the requests for information were made by inquiring banks, as agents for plaintiffs, without identifying either the person requesting the information or the purpose of the request. Under these circumstances, there could be no specific intent to defraud. *(Black v Chittenden,*69 NY2d 665.) Furthermore, the alleged false misrepresentations of fact are more properly characterized as an expression of mere "opinion”, which is not actionable. *(Supra.)*

The negligent misrepresentation claims were also properly dismissed. As plaintiffs’ identity was not known by defendant, the relationship between the parties falls far short of the "functional equivalent of contractual privity” which is necessary to support such a claim. *(Ossining Union Free School Dist. v Anderson LaRocca Anderson,*73 NY2d 417, 419; *Credit Alliance Corp. v Andersen & Co.*65 NY2d 536.) Concur—Ross, J. P., Carro, Asch, Wallach and Smith, JJ.
EXHIBIT 31.2



CERTIFICATIONS



I, R. Preston Pitts, Principal Accounting and Financial Officer of Regan Holding Corp., certify that:



1.

I have reviewed this Amendment No. 1 on Form 10-K/A, which amends the annual report on Form 10-K of Regan Holding Corp. for the year ended December 31, 2008.



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.



Date: April 30, 2009

By: /s/ R. Preston Pitts

R. Preston Pitts

Principal Accounting and Financial Officer
<PAGE>

Exhibit 32.2

              Certification of Chief Financial Officer Pursuant to
                             18 U.S.C. Section 1350,
                             As Adopted Pursuant to
                  Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Quarterly Report of Packeteer, Inc. (the "Company") on
Form 10-Q for the quarterly period ended September 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, David
Yntema, as Chief Financial Officer of the Company, hereby certify, pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that:

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

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

Date: October 30, 2003             /s/   DAVID YNTEMA
                                         ---------------------------------------
                                         David Yntema
                                         Chief Financial Officer

A signed original of this written statement required by Section 906, or other
document authenticating, 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 the Company and will be retained
by the Company and furnished to the Securities and Exchange Commission or its
staff upon request.
Exhibit 32.1





CERTIFICATION OF CHIEF EXECUTIVE AND CHIEF FINANCIAL OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Annual Report of USCorp (the Company) on Form 10-KSB for the period ending September 30, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Robert Dultz, Chief Executive and acting Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:



(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 operations of the Company.





/s/ Robert Dultz

Robert Dultz

Chief Executive and acting Chief Financial

Officer

Date: December 24, 2003
Exhibit 99.1


      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
                                   PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, J. Patrick Tinley,  certify,  pursuant to 18 U.S.C.  Section 1350, as adopted
pursuant  to  Section  906 of the  Sarbanes-Oxley  Act of 2002,  that the Annual
Report of Ross  Systems,  Inc.  on Form 10-K for the fiscal  year ended June 30,
2002 fully  complies  with the  requirements  of  Section  13(a) or 15(d) of the
Securities  Exchange Act of 1934 and that  information  contained in such Annual
Report on Form 10-K  fairly  presents in all  material  respects  the  financial
condition and results of operations of Ross Systems, Inc.


                                                By:    /s/ J. Patrick Tinley
                                                       ------------------------
                                                Name:  J. Patrick Tinley
                                                Title: Chief Executive Officer


I, Verome M. Johnston,  certify,  pursuant to 18 U.S.C. Section 1350, as adopted
pursuant  to  Section  906 of the  Sarbanes-Oxley  Act of 2002,  that the Annual
Report of Ross  Systems,  Inc.  on Form 10-K for the fiscal  year ended June 30,
2002 fully  complies  with the  requirements  of  Section  13(a) or 15(d) of the
Securities  Exchange Act of 1934 and that  information  contained in such Annual
Report on Form 10-K  fairly  presents in all  material  respects  the  financial
condition and results of operations of Ross Systems, Inc.


                                                By:    /s/ Verome M. Johnston
                                                       -----------------------
                                                Name:  Verome M. Johnston
                                                Title: Chief Financial Officer
I 

111TH CONGRESS 

1ST SESSION H. R. 1430 

To amend title XVIII of the Social Security Act to permit physical therapy 

services to be furnished under the Medicare Program to individuals 

under the care of a dentist. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 11, 2009 

Mr. PASCRELL (for himself and Mr. CANTOR) introduced the following bill; 

which was referred to the Committee on Energy and Commerce, and in 

addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title XVIII of the Social Security Act to permit 

physical therapy services to be furnished under the Medicare Program to individuals under the care of a dentist. 

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 ‘‘Medicare Oral Health 

5 Rehabilitative Enhancement Act of 2009’’. 


jbell on PROD1PC69 with BILLS
2 

•HR 1430 IH

1 SEC. 2. PERMITTING PHYSICAL THERAPY TO BE FUR2 NISHED UNDER THE MEDICARE PROGRAM 

3 UNDER THE CARE OF A DENTIST. 

4 (a) IN GENERAL.—Section 1861(p)(1) of the Social 

5 Security Act (42 U.S.C. 1395w(p)(1)) is amended by in6 serting ‘‘(2),’’ after ‘‘(1),’’. 

7 (b) EFFECTIVE DATE.—The amendment made by 

8 subsection (a) shall apply to items and services furnished 

9 on or after the date of the enactment of this Act. 

Æ 


jbell on PROD1PC69 with BILLS
<PAGE>
                                                                 EXHIBIT 10.16.3

                            EMERGENCE BONUS AGREEMENT

     This Emergence Bonus Agreement, effective as of February 17, 2005, is
entered into between Leonard C. Stephens ("Executive") and Cricket
Communications, Inc. ("Cricket).

Recitals

     A. On April 13, 2003, Cricket, Leap Wireless International, Inc. ("Leap"),
and substantially all of their respective subsidiaries filed voluntary petitions
for relief under Chapter 11 of the United States Bankruptcy Code.

     B. Cricket, Leap and their respective debtor subsidiaries emerged from
bankruptcy on August 16, 2004 when the Amended and Restated Joint Plan of
Reorganization of Leap, Cricket and other debtors party thereto became
effective.

     C. Executive served as an executive officer of Leap and Cricket for all or
substantially all of the time that these two corporations were in bankruptcy.

     D. To help assure its continued operations and the retention of its
employees during its financial restructuring, Cricket instituted various
retention and bonus compensation programs in 2003 and 2004, including a program
referred to as the Key Employee Retention Program ("KERP") which provided
employees who were selected to participate in the program with bonus payments in
October 2004 and February 2005. No executive officer of Leap or Cricket
participated in the KERP.

     E. In recognition of the services that Executive rendered to Leap and
Cricket, including the services that Executive rendered to Leap and Cricket
during the pendency of these corporations' bankruptcies, the Compensation
Committee of the Board of Directors of Leap authorized the payment of a cash
emergence bonus to Executive. For good and valuable consideration, the receipt
of which is hereby acknowledged, Cricket has agreed to pay to Executive the
portion of such bonus that remains to be paid as set forth below.

Agreement

     1. Cricket shall pay Executive a bonus in an amount equal to $87,500 on (or
promptly after) the earliest to occur of the following events:

          (a) September 30, 2005, provided Executive is still employed by
     Cricket on such date;

          (b) the date on which Executive ceases to be employed by Cricket,
     unless such cessation of employment occurs as a result of a termination for
     Cause.

<PAGE>

As used in this agreement, the terms "Cause" shall have the meaning ascribed to
such term in the standard form of Stock Option Grant Notice and Non-Qualified
Stock Option Agreement filed as Exhibit 10.2 to Leap's Current Report on From
8-K, filed with the Securities and Exchange Commission on January 5, 2005.

IN WITNESS WHEREOF, the undersigned have executed this Agreement effective as of
the date first written above.

EXECUTIVE                               CRICKET COMMUNICATIONS, INC.


                                        By:
-------------------------------------       ------------------------------------
                                        Name: S.D. Hutcheson
                                        Title: President, CFO
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<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Statement of Financial Condition at June 30, 1998 (Unaudited) and the
Statement of Income for the six months ended June 30, 1998 (Unaudited)
and is qualified in its entirety by reference to such financial statements.
</LEGEND>
       
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</TABLE>
#### IRVIN v. STATE.

No. 17152.

Court of Criminal Appeals of Texas.

March 27, 1935.

Bowell & Bowell, of Jefferson, for appellant.

I/loyd W. Davidson, State’s Atty., of Austin, for the State.

DATTIMOBE, Judge.

Conviction for burglary; punishment, two years in the penitentiary.

There is no question but that Mrs. Gra-bangh’s smokehouse was burglarized on the night of February 6, 1934, and a quantity of meat, syrup, and canned fruits taken. One Buddy Davis was used as a witness by the state, who admits that he, in company with appellant and others, committed the burglary. The only question in the case is the sufficiency of the testimony to legally corroborate Buddy Davis. We have carefully examined the testimony of every witness. Aside from Mrs. Grubaugh, who testified to the fact of the burglary, 'and that appellant was the only living person, except the members of her family, who knew where the meat was in the smokehouse, there is nothing in her testimony to indicate or individuate appellant as the burglar. Mr. Taylor, the sheriff, testified that on the morning after the burglary he went out in the woods where appellant was cutting cross-ties and talked to him, and in a fashion accused him. Appellant denied his guilt, and offered to go with the sheriff down to the scene and put his foot in any of the tracks that were made by the alleged burglars, and the sheriff declined appellant’s proposition. Eater and after appellant was arrested, and at a date seemingly some two weeks after the alleged burglary, Mr. Taylor found a small piece of meat in appellant’s possession. This he took back to Mrs. Grubaugh and she said it looked just exactly like her meat. Appellant introduced a. number of witnesses who testified to an alibi, and the woman who kept house for him denied the presence at her house at any time of any of the alleged stolen property. She testified that the piece of meat taken by Sheriff Taylor was meat that had been bought by appellant from a merchant with relief money. Aside from the partial identification of the meat by Mrs. Grubaugh, we find nothing in the record appearing to corroborate the witness Buddy Davis. In our opinion the testimony referred to is not sufficient. The piece of meat taken from appellant’s possession was a piece of middling without any marks upon it of any kind that would seemingly enable Mrs. Grubaugh to reliably identify it. We would be unwilling to let a citizen of the state, though colored, be confined in the penitentiary without stronger corroborating evidence than here appears.

Believing the evidence insufficient to corroborate the accomplice, the judgment is reversed and the cause remanded.
**Exhibits
      No. 32.2**





CERTIFICATION
      PURSUANT TO


18
      U.S.C.
      SECTION 1350,


AS
      ADOPTED PURSUANT TO


SECTION
      906 OF THE


SARBANES-OXLEY
      ACT OF 2002





In
      connection with the Annual Report of Advanced Photonix, Inc. (the “ Company ” )
      on Form
      10-K for the period ending March 31, 2007 as filed with the Securities and
      Exchange Commission on the date hereof (the “ Report ” ),
      I,
      Robin Risser, Chief Financial Officer of the Company, certify, pursuant to
      18
      U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
      Act of 2002, that:





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





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




Date:
      June 29, 2007


________________________
              Robin
                Risser
              Chief
                Financial Officer
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