alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1The Honorable Mary Ann L. Medler, United States Magistrate Judge for the

Eastern District of Missouri, to whom the case was referred for final disposition by

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 00-2059

___________

Craig E. Dudley; Bryant Ewell; *

Tolbert Pratt; Gene E. Dudley, *

*

Appellants, *

* Appeal from the United States

v. * District Court for the Eastern

* District of Missouri.

Hammond Sheet Metal Company, *

doing business as Hammond * [UNPUBLISHED]

Distributing Company, *

*

Appellee. *

___________

 Submitted: April 6, 2001

 Filed: April 23, 2001

___________

Before HANSEN, MORRIS SHEPPARD ARNOLD, and BYE, Circuit Judges.

___________

PER CURIAM.

In this action alleging discrimination and state law claims, Hammond Sheet

Metal Company moved to compel the enforcement of a settlement agreement that it

alleged it had reached with appellants. The district court1 held an evidentiary hearing.
consent of the parties pursuant to 28 U.S.C. § 636(c).

-2-

After listening to extensive testimony from Hammond’s attorney, the sole witness, and

receiving into the record documentary evidence submitted by both sides, the court

concluded that a settlement agreement existed and that appellants failed to disprove

their attorney’s authority to settle on their behalf. This appeal followed, and we affirm.

Upon a thorough review of the record before us, including the transcript of the

evidentiary hearing held below, we cannot say that the court clearly erred in finding that

a valid settlement agreement existed and that appellants had authorized their attorney

to settle according to the terms of the orally reached settlement agreement at issue. See

Mueller v. Guardian Life Ins. Co., 143 F.3d 414, 416 (8th Cir. 1998) (district court’s

finding that plaintiff had given his attorney express authority to settle case was not

clearly erroneous in light of court’s credibility determinations, evidence supporting its

findings, and reasonable inferences drawn from evidence); Turner v. Burlington N.

R.R. Co., 771 F.2d 341, 345-46 (8th Cir. 1985) (“Once it is shown that an attorney has

entered into an agreement to settle a case, a party who denies that the attorney was

authorized to enter into the settlement has the burden to prove that authorization was

not given.”); Worthy v. McKesson Corp., 756 F.2d 1370, 1371-73 (8th Cir. 1985) (per

curiam) (fact that parties left some details for counsel to work out during later

negotiations cannot be used to abrogate otherwise valid settlement agreement, which

was reached orally prior to preparation of formal settlement documents).

Accordingly, we affirm. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
EXHIBIT 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 J. C. Penney Funding Corporation (the Company) on Form 10-K for the period ending January 31, 2004 (the
Report), I, William J. Alcorn, Vice President and Controller 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



DATED this 8 day of April 2004.



/s/ W. J. AlcornWilliam J. AlcornVice President and ControllerJ. C. Penney Funding Corporation
# C_2022412EN.01001101.xml

| 27.10.2022 | EN | Official Journal of the European Union | C 412/11 |
| --- | --- | --- | --- |

27.10.2022

EN

Official Journal of the European Union

C 412/11

---

Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)

(Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006 (1)
  )

(Text with EEA relevance)

(2022/C 412/08)

Decision granting an authorisation

| Reference of the decision (2) | Date of decision | Substance name | Holder(s) of the authorisation | Authorisation number | Authorised use | Date of expiry of review period | Reasons for the decision |
| --- | --- | --- | --- | --- | --- | --- | --- |
| C(2022) 7411 | 20 October 2022 | 4-(1,1,3,3-Tetra methylbutyl)phenol, ethoxylated
  (4-tert-OPnEO)
  EC No: -, CAS No:- | Lonza Biologics Porriño SL, La Relba s/n, 36400 Porriño (Pontevedra), Spain | REACH/22/35/0 | Virus inactivation via solvent/detergent treatment in the manufacture of recombinant medicinal active pharmaceutical ingredients (APIs) from mammalian cell cultures | 4 January 2033 | In accordance with Article 60(4) of Regulation (EC) No 1907/2006, the socio-economic benefits outweigh the risk to human health and the environment from the uses of the substance and there are no suitable alternative substances or technologies. |

Reference of the decision (2)

Date of decision

Substance name

Holder(s) of the authorisation

Authorisation number

Authorised use

Date of expiry of review period

Reasons for the decision

C(2022) 7411

20 October 2022

4-(1,1,3,3-Tetra methylbutyl)phenol, ethoxylated

(4-tert-OPnEO)

EC No: -, CAS No:-

Lonza Biologics Porriño SL, La Relba s/n, 36400 Porriño (Pontevedra), Spain

REACH/22/35/0

Virus inactivation via solvent/detergent treatment in the manufacture of recombinant medicinal active pharmaceutical ingredients (APIs) from mammalian cell cultures

4 January 2033

In accordance with Article 60(4) of Regulation (EC) No 1907/2006, the socio-economic benefits outweigh the risk to human health and the environment from the uses of the substance and there are no suitable alternative substances or technologies.

---

(1)  OJ L 396, 30.12.2006 , p. 1.

(2)  The decision is available on the European Commission website at: Authorisation (europa.eu).

---
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1998
<PERIOD-START>                              APR-1-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                           6,062
<SECURITIES>                                     9,603
<RECEIVABLES>                                    7,298
<ALLOWANCES>                                       300
<INVENTORY>                                          0
<CURRENT-ASSETS>                                24,670
<PP&E>                                           7,381
<DEPRECIATION>                                   4,253
<TOTAL-ASSETS>                                  29,777
<CURRENT-LIABILITIES>                            9,773
<BONDS>                                              0
<PREFERRED-MANDATORY>                               90
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      19,594
<TOTAL-LIABILITY-AND-EQUITY>                    29,777
<SALES>                                          7,940
<TOTAL-REVENUES>                                 7,940
<CGS>                                            2,486
<TOTAL-COSTS>                                    7,248
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                    845
<INCOME-TAX>                                       338
<INCOME-CONTINUING>                                507
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       507
<EPS-PRIMARY>                                     0.06
<EPS-DILUTED>                                     0.06
        

</TABLE>
#### BARKER v. STATE.

No. 18740.

Court of Criminal Appeals of Texas.

March 10, 1937.

Pippen & Salmon, of Linden, for appellant.

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

KRUEGER, Judge.

Appellant was convicted of the offense of selling malt liquor in dry territory, and his punishment was assessed at a fine of $100.

*156Appellant’s main contention is that the court erred in declining to sustain his motion to quash the information. Omitting the formal parts thereof, it charges: “that Don Barker on or about the 4th day of June, A. D., 1936, and before the making and filing of this information, in the county of Cass, State of Texas, did then and there unlawfully sell to C. K. Barton, malt liquor, to-wit: beer, a liquor containing alcohol in excess of one-half of one per centum per volume, the sale of such liquor in said county having been theretofore and was then prohibited in said county by the laws of this state.” The averment is not sufficient to charge an offense under the laws of this state. See Whitmire v. State (Tex.Cr.App.) 94 S.W.(2d) 742; Brooks v. State (Tex.Cr.App.) 98 S.W.(2d) 999; Greenway v. State (Tex.Cr.App.) 98 S.W.(2d) 1000.

Because of the insufficiency of the aver-ments in the information to charge the offense, the judgment of the trial court is reversed, and the prosecution ordered dismissed.

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.
Exhibit 32.2
                                  ------------



               Commodore Applied Technologies, Inc. & Subsidiaries
                    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 Commodore Applied Technologies, Inc.
(the "Company") on form 10-Q for the three-month period ended March 31, 2004,
James DeAngelis hereby certifies, 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
his knowledge:

         (1)  The annual 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 annual report fairly presents, in
              all  material  respects,  the  financial  condition  and result of
              operations of the Company.

Date:    May 17, 2004


/s/ James M. DeAngelis
----------------------
James M. DeAngelis
Sr. Vice President and
Chief Financial Officer
February 11 , 2016

Debra Suzuki
, Air Planning Unit Manager U.S. Environmental Protection Agency, Region X 1200 Sixth Avenue , AWT

- 107 Seattle WA 98101 Re: Oakridge Extension Request Follow

- up Dear D ebra :

The Lane Regional Air Protection Agency , City of Oakridge, and Oregon Department of Environmental Quality submitted a request for a one

- year extension to the attainment date for the Oakridge PM 2.5 Moderate N onattainment A rea on December 14, 2015

. This letter provides the promised follow

- up information to that extensi on request: 1) Final quality

- assured air quality data through December 31, 2015; and 2) Documentation of the field work this winter to fully implement the 2012 Oakridge attainment plan.

The Oakridge air quality data for calendar year has been quality

- assured by both the Lane Regional Air Protection Agency and Oregon Department of Environmental Quality
, and is now entered into the Air Quality System (AQS) of the U.S. Environmental Protection A gency. The 2015 annual Oakridge 98 th percentile PM 2.5 concentration (28.9 ug/m3) and the 2013

- 2015 three

- year average concentration (37 ug/m3) are the lowest PM concentrations recorded since Oakridge monitoring began 25 years ago. The first attachment summ arizes the LRAPA PM 2.5 monitoring data for the past decade.

Documentation of the field work this winter to fully implement the 2012 Oakridge attainment plan is included in the second and third attachment s

. Thus far this winter, from November 9, 2015 to February 4, 2016, there have been 107 household contacts in Oakridge. This includes smoke reading, opacity observations, person

- to

- person contact s , leaving information, leaving warnings, and citations.

Ple ase call us if you have any questions or need additional information. We greatly appreciate your assistance on this important matter.

Sincerely,

Merlyn L. Hough, P

. E

. , BC EE Director Lane Regional Air Protection Agency

c c: City of Oakridge Mayor James Coey and City Administrator Louis Gomez Oregon Department of Environmental Quality, Air Planning Manager David Collier

Attachments (3 ) 1010 Main Street Springfield, OR 97477

Phone: (541) 736

- 1056 Fax (541) 726

- 1205 1

- 877

- 285

- 7272 www.lrapa.org E

- mail: lrapa@lrapa.org
<PAGE>

                                                                   EXHIBIT 10.28

                    FURTHER AMENDMENT TO EMPLOYMENT AGREEMENT

          This FURTHER AMENDMENT TO EMPLOYMENT AGREEMENT (the "Further
Amendment") is made as of July 15, 2002, between Channell Commercial
Corporation, a Delaware corporation (the "Company"), and William H. Channell,
Jr. ("Executive") with reference to the employment agreement between the parties
hereto dated as of July 8, 1996 (the "Employment Agreement") and any prior
amendments thereto. Except otherwise defined in this Further Amendment,
capitalized terms used herein have the same meanings given in the Employment
Agreement.

          NOW, THEREFORE, based on the mutual covenants contained herein and in
the Employment Agreement, the parties hereto agree as follows:

          1.   Further Amendment to Employment Agreement. Section 5.2.2
(Termination Without Cause) of the Employment Agreement is hereby amended to
provide as follows:

          "If the Company terminates Executive other than for Cause during the
          period July 15, 2002, through July 15, 2003, then in addition to
          amounts that Executive is entitled to receive under Section 5.3.1,
          Executive shall be entitled to receive as a severance benefit (i) one
          times Executive's Base Salary, payment of which shall be accelerated
          and paid in one lump sum within 30 days of termination, and (ii)
          accelerated vesting of any options or restricted stock granted to
          Executive.

          This Further Amendment shall become non-operative if, at any time
          prior to July 15, 2003, there is a change in control of the Company.
          `Change in Control' shall mean either (i) a merger or consolidation of
          the Company, or a sale by the Company's shareholders, as a result of
          which securities possessing more than fifty percent (50%) of the total
          combined voting power of the Company's outstanding securities are no
          longer held by the persons holding those securities immediately prior
          to such transaction and/or by affiliates of such persons, or (ii) the
          sale, transfer or other disposition of all or substantially all of the
          Company's assets in complete liquidation or dissolution of the
          Company.

          2.   Except as provided in this Further Amendment, the Employment
Agreement shall remain in full force and effect in accordance with its terms and
shall apply to this Further Amendment, including without limitation the
provisions of Section 7.1 of the Employment Agreement entitled "Arbitration".

<PAGE>

          IN WITNESS WHEREOF, the parties hereto have executed this Further
Amendment as of the first date set forth above.


                                           CHANNELL COMMERCIAL CORPORATION


/s/ William H. Channell, Jr.               By: /s/ William H. Channell, Sr.
---------------------------------             -------------------------------
William H. Channell, Jr.                      Its:         CEO
                                                   --------------------------
**EXHIBIT31.1**

** **

**CERTIFICATION**

** **

I,Gregory Young, certify that:

 

1.                   I have reviewed this Annual Report on Form 10-K/Aof The Penn Traffic Company;

 

2.                   Based on my knowledge, this report doesnot contain 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;

 

 
|   | May 8, 2008 |                                               | By:    |   /s/  Gregory J. Young |
|--------|------------------|----------------------------------------------------|--------|-----------------------------------|
|   | Date             |                                               |   |   Gregory  J. Young     |
|   |             |   President  and Chief Executive Officer |

 

----
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                         846,359
<SECURITIES>                                         0
<RECEIVABLES>                               39,102,574
<ALLOWANCES>                                         0
<INVENTORY>                                 47,979,744
<CURRENT-ASSETS>                            94,544,457
<PP&E>                                      10,636,938
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                             107,923,941
<CURRENT-LIABILITIES>                       53,209,957
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    37,195,642
<OTHER-SE>                                  14,408,879
<TOTAL-LIABILITY-AND-EQUITY>               107,923,941
<SALES>                                    122,755,313
<TOTAL-REVENUES>                           122,755,313
<CGS>                                      106,207,897
<TOTAL-COSTS>                               12,928,666
<OTHER-EXPENSES>                               388,721
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              3,230,029
<INCOME-TAX>                                 1,164,426
<INCOME-CONTINUING>                          2,065,603
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,065,603
<EPS-PRIMARY>                                     0.16
<EPS-DILUTED>                                     0.16
        

</TABLE>
Exhibit 23(c)



[MILLER AND LENTS, LTD. LETTERHEAD]



CONSENT OF MILLER AND LENTS, LTD.

As oil and gas consultants, we hereby consent to the use of our name and our report dated October 24, 2003, in this Form 10-K, incorporated in reference into Peoples Energy Corporation's Registration Statement File Nos. 2-82760, 33-6369, 333-17701, 333-84594, 333-70702, and 333-62070.

| | MILLER AND LENTS, LTD. 
| | -----------------------
| |                        
| | By /s/ Gregory W. Armes
| | Gregory W. Armes       
| | President              

Houston, Texas
December 9, 2003
#### WATSON v. STATE.

No. 19852.

Court of Criminal Appeals of Texas.

June 8, 1938.

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

GRAVES, Judge.

The appellant was convicted for removing mortgaged property, his punishment being assessed at two years’ confinement in the penitentiary.

The record before us contains neither a statement of facts nor bills of exception. The indictment seems to be in proper form. All matters of procedure appearing regular, the judgment will be affirmed.
BEFOR E TH E DEPARTMEN TO F TRANSPORTATIO N

WASHINGTON , D.C

.

Agreement s Adopte d b yth e Traffi c Conference s o f th e Internationa l Ai r Transport Associatio n 

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APPLICATIO N FO R APPROVA L O F AGREEMENT S B YTH E INTERNATIONA L AI R TRANSPOR TASSOCIATIO N
lAT AAGREEMEN T APPROVE D & IMMUNIZE D 

### DOCKET0S,l-^ 9 - 03^ 7 ACTiO M DAT EJuAj^^J^ r

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o f antitrus t immunity I s subject , wiiere applicable , t o condition s previousl y imposed ; Thi s actio n i s effectiv e after 7 day s unles s apetitio n i s file dunde r 1 4 CF R385.3 0 o r

arevie w i s undertake n o n th e Department' s own motion

. I n vie w o f th e agreement' s noncontroversia l natur e andth e availabtlii y o f th e abov e pro5sdtye , th e 21-da^>j»^pjod^jj^W/2F R303.4 2 i s vraivcd

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. Suit e 30 0 - Nort h Buildin g Washingto n D C 2000 4
EXHIBIT 25


         POWER OF ATTORNEY CONCERNING FORM 10-K FISCAL DECEMBER 31, 2001



Each person whose signature appears below constitutes and appoints CURTIS R.
JACKELS his true and lawful attorney-in-fact and agent, with full power of
substitution and resubstitution, for him and in his name, place, and stead, in
any and all capacities to sign the Annual Report on Form 10-K for the fiscal
year ended December 31, 2001, and any or all amendments to such Annual Report on
other documents in connection therewith, with the Securities and Exchange
Commission, granting unto said attorney-in-fact and agent full power and
authority to do and perform each and every act and thing requisite and necessary
to be done in and about the premises, as fully to all intents and purposes as he
might or could do in person, ratifying and confirming all that said
attorney-in-fact and agent, or his substitute or substitutes, may lawfully do or
cause to be done by virtue thereof.

Signature                                               Date
---------                                               ----

/s/ Curtis R. Jackels, Chief Executive Officer,         March 8, 2002
President and Director


/s/ John R. Helmen, Chairman                            March 8, 2002


/s/ James R. Loomis, Director                           March 8, 2002


/s/ Richard P. Kiphart, Director                        March 8, 2002


/s/ Scott S. Meyers, Director                           March 8, 2002


/s/ John McMillan, Director                             March 8, 2002


                                       32