alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

NO. CAAP-21-0000045

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

LARRY CARD, Plaintiff-Appellant, v. PIILANI HOMEOWNERS

ASSOCIATION; KIAKONA KAPONO; PORTER McQUIRE KIAKONA AND

CHOW; JACK NAIDITCH; CHRISTOPHER WILLIAMS; KIA JOHNSON

CHANNEL; CHAD NEWMAN; ANGELINA CAMPOS; UNKNOWN SQUATERS

UPSTAIRS AT 214 LUAKAHA CIRCLE, Defendants-Appellees

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT

(CASE NO. 2CCV-20-0000314)

ORDER GRANTING DISMISSAL OF APPEAL

(By: Ginoza, Chief Judge, and Leonard and Wadsworth, JJ.)

Upon consideration of the "Notice of Larry Card's

Withdrawal of Appeal Due to Severe Health Problems" filed on

January 19, 2022, by self-represented Plaintiff-Appellant Larry

Card (Appellant), the record, and there being no opposition, we

construe Appellant's notice to be a motion to dismiss the appeal

pursuant to Hawai#i Rules of Appellate Procedure Rule 42(b). 

Therefore,

IT IS HEREBY ORDERED that the motion is granted and the

appeal is dismissed.

DATED: Honolulu, Hawai#i, February 16, 2022.

/s/ Lisa M. Ginoza

Chief Judge

/s/ Katherine G. Leonard

Associate Judge

/s/ Clyde J. Wadsworth

Associate Judge

Electronically Filed

Intermediate Court of Appeals

CAAP-21-0000045

16-FEB-2022

08:04 AM

Dkt. 70 OGMD
# p<pcW V a^U'^t^ ^
Adams , Kevi n (OST) 

# T F •-\mm \ Jennife rSlaight-Hanse n [jennifer.slaight-hansen@aberdee(i,:S<;f.ia^il/'; j ^-^, ^ Friday , Decembe r16 , 201 1 11:4 0 A M • • v,. vJr n \ Tp, i Devany , Denni s (OST ) - ' ^ ' " ' •'"•' "^' ' Adams , Kevi n (OST ) Aberdeen , S D EA S Selectio n From : Sent : To : Cc : Subject : 

### 3 1

Hell o Mr

. DeVany , I' mwritin g toda y t o urg e you r promp t selectio n of

SkyWes t airline s a s th e Essentia l Ai r Servic e provide r

for Aberdee n Regiona l Airport

. I' mhearin g frequentl y fro mconstituent s wh o ar e concerne dabou t Delta's decisio n t o reduc e ou r

weeken dservic e t o on e flight pe r day

. Som e migh t

fee l that weeken dflight s aren' t

suc h ahug e concern becaus e mos t busines s trave l occur s durin g th e week

. However , I' mtol dthat peopl e ar e havin g troubl e bookin g vacatio n flights

. Her e i n th e uppe r Midwest , w e frequentl y pla n vacation s t o warme r climate s durin g th e dea dof winter

. So , reducin g flight option s durin g thi s seaso n i s of

specia l concern t o man y citizens

. Therefore , you r

expedienc y i n processin g thi s decisio n woul db e muc h appreciated

. Than k you , Jennife r Slaight-Hanse n Councilo r - Northwes t

Distric t Aberdeen , SouthDakot a
<PAGE>

                                                                    Exhibit 99.1

                            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 BarPoint.com, Inc. (the
"Company") on Form 10-Q for the period ending June 30, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Jeffrey
W. Sass, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
(S)1350, as adopted pursuant to (S)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 result of operations of the
Company.

Dated: August 14, 2002


                                                      /s/ Jeffrey W. Sass
                                                      --------------------------
                                                      Jeffrey W. Sass
                                                      Chief Executive Officer
,~I:"'.' ~.

OKLAHOMA

OEPA~TMENT Of ENVIRONMENTM QUALITY

STEVEN A. THOMPSON

Executive Director

November 14,2011

Dr. Alfredo Armendariz, Regional Administrator

U.S. Environmental Protection Agency - Region VI (6 PD-L)

1445 Ross Avenue, Suite 1200

Dallas TX 75202-2733

MARY FALLIN

Governor

Subject: Negative declaration for existing Sewage Sludge Incinerator units constructed on or

before October 14, 2010 in accordance with 40 CFR 60.5010 subpart MMMM

Dear Dr. Armendariz:

Under Section 11I(d) of the Clean Air Act, the Environmental Protection Agency (EPA)

published regulations in 40 CFR Part 60, subpart MMMM, which requires states to submit plans

in order to control emissions of designated pollutants from designated facilities. In the event that

a state does not have a particular designated facility located within its boundaries, EPA requires

that a negative declaration be submitted in lieu' of a control plan. Therefore, the Oklahoma

Department of Environmental Quality is submitting this letter to certify that, in accordance with

40 CFR Part 60.5010, subpart MMMM, there are no existing Sewage Sludge Incinerator units

constructed on or before October 14,2010 in operation under the jurisdiction of the State of

Oklahoma.

If you have questions or require additional information, please contact Cheryl Bradley,

Environmental Programs Manager, at (405) 702-4100.

Sine ely, -

die Terrill, Division Director Air Quality

CC: Steve Thompson, Executive Director, Department ofEnvironmental Quality

VUuy Donaldson, Section Chief, Air Planning Section, EPA Region VI (6PD-L)

Kenneth Boyce, Environmental Protection Specialist, Air Planning Section (6PD-L)

707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA (I!Y, OKlAHOMA 73101-1677

printed on recycled paper with soy ink.

.~.
Risk Document for the Bin 1 package - Printing and Publishing; Marine Tank 

Vessel Loading Operations ; Pharmaceuticals Production ; and Polymers and 

Resins 1

Elaine Manning to: Higgins, Cortney 03/08/2011 02:54 PM

Cc:

Mary Kissell, Ken Hustvedt, Penny Lassiter, Ann Johnson, Mike 

Thrift, Jan Tierney, Stan Durkee, Sarah Mazur, Steve Shedd, Nick 

Parsons, Dave Salman, Dave Guinnup

Here's the risk document for the Bin 1 group. We tried to make it consistent with language changes for 

the last risk documents (Shipbuilding and Wood Furniture). The analyses are the same as the proposal 

except for Marine Tank Vessels where we received some additional emissions information. I'll send the 

appendices in the next email. Let us know if you have any questions.

Thanks,

Elaine

OAQPS, HEID, ATAG

919 541-5499

 Bin 1- 7

source

categories

Risk

document

promulgation

OMB

_3_8_11_.doc

 Bin 1- 7

source

categories

Risk

document

promulgation

OMB

_3_8_11_.doc
# C_2022183EN.01000301.xml

| 5.5.2022 | EN | Official Journal of the European Union | C 183/3 |
| --- | --- | --- | --- |

5.5.2022

EN

Official Journal of the European Union

C 183/3

---

Commission information notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community

Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations

(Text with EEA relevance)

(2022/C 183/03)

| Member State | France |
| --- | --- |
| Route concerned | Le Puy-en-Velay – Paris (Orly) |
| Period of validity of the contract | From 14 January 2023 to 13 January 2027 |
| Deadline for submission of tenders | 8 July 2022 (17.00, Paris time) |
| Address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the public service obligations can be obtained | For further information please contact:





  Syndicat Mixte de Gestion de l’Aérodrome Départemental Le Puy/Loudes |
| La Reilhade |
| 43320 Chaspuzac |
| FRANCE |

Member State

France

Route concerned

Le Puy-en-Velay – Paris (Orly)

Period of validity of the contract

From 14 January 2023 to 13 January 2027

Deadline for submission of tenders

8 July 2022 (17.00, Paris time)

Address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the public service obligations can be obtained

For further information please contact:

Syndicat Mixte de Gestion de l’Aérodrome Départemental Le Puy/Loudes

La Reilhade

43320 Chaspuzac

FRANCE

Tel. +33 471086576

Email: direction@aerolepuy.fr

Buyer profile (website): https://marchespublics.cdg43.fr

---
#### FORTNER v. STATE.

No. 15630.

Court of Criminal Appeals of Texas.

March 8, 1933.

Rehearing Denied April 26, 1933.

W. L. McConnell, of Panhandle, for appellant.

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

CALHOUN, Judge.

The offense, possessing intoxicating liquor for the purpose of sale; the punishment, one year in the penitentiary.

The record fails to show that any notice of appeal was given. Without proper notice of appeal, this court is without jurisdiction. Article 827, C. C. P. 1925; Hollifield v. State, 111 Tex. Cr. R. 93, 10 S.W.(2d) 101; Sandoval v. State, 106 Tex. Cr. R. 468, 293 S. W. 168.

The appeal is 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.

On Motion to Reinstate Appeal.

MORROW, Presiding Judge.

On March 8, 1933, a dismissal was ordered for want of jurisdiction, there appearing in the record no noti6e of appeal. A motion to reinstate the appeal was filed, accompanied by a copy from the judge’s trial docket stating that notice of appeal was given as indicated in the original opinion. The matter is controlled by article 827, C. C. P. 1925, in which it is said in substance that if notice of appeal is given but not entered of record, then by making proof of such fact, the judge trying the case shall cause the notice to be entered in the minutes of the court, and “said entry when so made shall bear date as of date when notice of appeal was actually given in open court.” By following the.direction in the statute, the appellant would be entitled to have'notice of appeal entered. See Vernon’s Ann. Tex. C. C. P. 1925, vol. 3, p. 197; Bryson v. State (Tex. Cr. App.) 20 S.W.(2d) 1047. Copy of docket entry in record on appeal has been declared insufficient notice of appeal. See Casey v. State. 116 Tex. Cr. R. 111, 32 S.W.(2d) 461; Ex parte Maple, 116 Tex. Cr. R. 383, 33 S.W.(2d) 734; Wheeler v. State, 118 Tex. Cr. R. 358, 42 S.W.(2d) 69. This court is without jurisdiction in the absence of proper notice of appeal. See Stewart v. State, 113 Tex. Cr. R. 182, 18 S.W.(2d) 629; Bales v. State (Tex. Cr. App.) 18 S.W.(2d) 1086.

The motion to reinstate the appeal is overruled.
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

February 18, 2004

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-51064

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

SERGIO ZAPATA-AGUILAR,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. DR-03-CR-267-1-WWJ

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

Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.

PER CURIAM:*

 Sergio Zapata-Aguilar appeals the sentence imposed following

his guilty plea conviction of being found in the United States

after deportation/removal in violation of 8 U.S.C. § 1326. 

Zapata-Aguilar contends that 8 U.S.C. § 1326(a) and 8 U.S.C.

§ 1326(b) define separate offenses. He argues that the prior

conviction that resulted in his increased sentence is an element

of a separate offense under 8 U.S.C. § 1326(b) that should have

been alleged in his indictment. Zapata-Aguilar maintains that he
No. 03-51064

-2-

pleaded guilty to an indictment which charged only simple reentry

under 8 U.S.C. § 1326(a). He argues that his sentence exceeds

the two-year maximum term of imprisonment which may be imposed

for that offense. 

In Almendarez-Torres v. United States, 523 U.S. 224, 235

(1998), the Supreme Court held that the enhanced penalties in

8 U.S.C. § 1326(b) are sentencing provisions, not elements of

separate offenses. The Court further held that the sentencing

provisions do not violate the Due Process Clause. Id. at 239-47. 

Zapata-Aguilar acknowledges that his arguments are foreclosed by

Almendarez-Torres, but asserts that the decision has been cast

into doubt by Apprendi v. New Jersey, 530 U.S. 466, 490 (2000). 

He seeks to preserve his arguments for further review. 

Apprendi did not overrule Almendarez-Torres. See Apprendi,

530 U.S. at 489-90; United States v. Dabeit, 231 F.3d 979, 984

(5th Cir. 2000). This court must follow Almendarez-Torres

“unless and until the Supreme Court itself determines to overrule

it.” Dabeit, 231 F.3d at 984 (internal quotation marks and

citation omitted). The judgment of the district court is

AFFIRMED.

The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that an appellee’s brief not be required. The motion is GRANTED. 

AFFIRMED; MOTION GRANTED.
Form of Option Agreement


 Exhibit 10.1 
  
 Stock Option Grant Agreement 
  

			
	Granted To:	 	                    Grant Date:
		
	 Number of Shares:
             5,000
	 	                    Option Price:

  
 This agreement confirms the terms of
the stock option (the “Option”) granted by Scientific-Atlanta, Inc. (the “Company”) to the undersigned under the Non-Employee Directors Stock Option Plan (the “Plan”). The Option is subject to all of the terms and
provisions of the Plan, which is incorporated herein by reference. 
  
 The Option
becomes exercisable at the rate of 25% per year commencing on the first anniversary of the date of grant. Another 25% will become exercisable on the second, third, and fourth anniversaries, respectively. The number of shares subject to the Option,
and the exercise price, are subject to adjustment as provided in the Plan. 
  
 You
may exercise the Option by paying the exercise price (number of shares exercised multiplied by the share option price) in cash, by transferring Shares of the Company’s stock you already own, or by any combination of cash and stock. Each
election to exercise the Option must be in writing, signed by you and delivered to the Office of the Secretary of the Company, and must be accompanied by payment in full for the shares being purchased. 
  
 In the event the Company determines that it is required to withhold federal or state income
tax as a result of the exercise of this Option, you must as a condition of exercising the Option, make arrangements satisfactory to the Company to enable the Company to satisfy such withholding requirements. 
  
 Brian C. Koenig 
  
 Sr. Vice President, Human Resources 
  

 5
Exhibit 32.1





Statement of Chief Executive Officer



Pursuant to 18 U.S.C. Sec 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned Chief Executive Officer of Sempra Energy (the "Company") certifies that:



(i)

the Annual Report on Form 10-K of the Company filed with the Securities and Exchange Commission for the year ended December 31, 2008 (the "Annual Report") fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and



(ii)

the information contained in the Annual Report fairly presents, in all material respects, the financial condition and results of operations of the Company.







February 24, 2009



/S/  Donald E. FelsingerDonald E. FelsingerChief Executive Officer
# C_2023131EN.01000901.xml

| 14.4.2023 | EN | Official Journal of the European Union | C 131/9 |
| --- | --- | --- | --- |

14.4.2023

EN

Official Journal of the European Union

C 131/9

---

Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union

Cases where the Commission raises no objections

SA.103069

(Text with EEA relevance)

(2023/C 131/08)

| Date of adoption of the decision | 21.12.2022 |
| --- | --- |
| Aid number | SA.103069 |
| Member State | Germany |
| Region | |
| Title (title and/or name of the beneficiary) | Zweites Gesetz zur Änderung des Windenergie-auf-See-Gesetzes und anderer Vorschriften vom 20. Juli 2022 (im Folgenden: WindSeeG 2023) |
| Legal basis | Zweites Gesetz zur Änderung des Windenergie-auf-See-Gesetzes und anderer Vorschriften vom 20. Juli 2022 |
| Type of measure | Scheme |
| Objective | Renewable energy, Environmental protection |
| Form of aid | Other |
| Budget | Overall budget: 1 500 000 000 EUR |
| Intensity | |
| Duration | 1.1.2023 — 31.12.2026 |
| Economic sectors | Production of electricity |
| Name and address of the granting authority | Bundesministerium für Wirtschaft und Klimaschutz |
| Scharnhorststraße 34-37, 10115 Berlin, Deutschland |

Date of adoption of the decision

21.12.2022

Aid number

SA.103069

Member State

Germany

Region

Title (title and/or name of the beneficiary)

Zweites Gesetz zur Änderung des Windenergie-auf-See-Gesetzes und anderer Vorschriften vom 20. Juli 2022 (im Folgenden: WindSeeG 2023)

Legal basis

Zweites Gesetz zur Änderung des Windenergie-auf-See-Gesetzes und anderer Vorschriften vom 20. Juli 2022

Type of measure

Scheme

Objective

Renewable energy, Environmental protection

Form of aid

Other

Budget

Overall budget: 1 500 000 000 EUR

Intensity

Duration

1.1.2023 — 31.12.2026

Economic sectors

Production of electricity

Name and address of the granting authority

Bundesministerium für Wirtschaft und Klimaschutz

Scharnhorststraße 34-37, 10115 Berlin, Deutschland

Other information

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

https://ec.europa.eu/competition/elojade/isef/index.cfm

---
**EXHIBIT 31(b)****RULE 13a — 14(a)/15d — 14(a) CERTIFICATION OF CHIEF FINANCIAL OFFICER**I, Richard L. Travis, Jr., Chief Financial Officer of Peerless Mfg. Co., certify that:1. I have reviewed this annual report on Form 10-K of Peerless Mfg. Co.; 2. Based on my knowledge, this report does not contain any untrue statement ofa material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by thisreport; 3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flows ofthe registrant as of, and for, the periods presented in this report; 4.  The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as definedin Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: (a) Designed such disclosure controlsand procedures, or caused suchdisclosure controls and proceduresto be designed under oursupervision, to ensure thatmaterial information relating tothe registrant, including itsconsolidated subsidiaries, is madeknown to us by others within thoseentities, particularly during theperiod in which this report isbeing prepared;  (b) Evaluated the effectiveness of theregistrant’s disclosure controlsand procedures and presented inthis report our conclusions aboutthe effectiveness of thedisclosure controls andprocedures, as of the end of theperiod covered by this reportbased on such evaluation; and  (c) Disclosed in this report anychange in the registrant’sinternal control over financialreporting that occurred during theregistrant’s most recent fiscalquarter that has materiallyaffected, or is reasonably likelyto materially affect, theregistrant’s internal control overfinancial reporting.5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditorsand the audit committee of the registrant’s board of directors (or persons performingthe equivalent functions): (a) All significant deficiencies andmaterial weaknesses in the designor operation of internal controlover financial reporting which arereasonably likely to adverselyaffect the registrant’s ability torecord, process, summarize andreport financial information; and  (b) Any fraud, whether or notmaterial, that involves managementor other employees who have asignificant role in theregistrant’s internal controlsover financial reporting.                                                       /s/   Richard L. Travis, Jr.   Richard L. Travis, Jr.   Chief Financial Officer
# C_2022231EN.01002001.xml

| 15.6.2022 | EN | Official Journal of the European Union | C 231/20 |
| --- | --- | --- | --- |

15.6.2022

EN

Official Journal of the European Union

C 231/20

---

Commission information notice pursuant to Article 17(5) of Regulation (EC) 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community

Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations

(Text with EEA relevance)

(2022/C 231/10)

| Member State | Italy |
| --- | --- |
| Routes concerned | Pantelleria - Trapani and vice versa
  Pantelleria - Palermo and vice versa
  Pantelleria - Catania and vice versa
  Lampedusa - Palermo and vice versa
  Lampedusa - Catania and vice versa |
| Period of validity of the contract | From: the day after 6 months have lapsed from the date of publication of the present notice
  Until: 31 October 2025 |
| Deadline for submission of tenders | 2 months after the day of publication of the present notice |
| Address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the public service obligations can be obtained | ENAC |
| Air Transport and Licensing Development Department |
| Viale Castro Pretorio, n. 118 |
| 00185 Roma |
| ITALIA |

Member State

Italy

Routes concerned

Pantelleria - Trapani and vice versa

Pantelleria - Palermo and vice versa

Pantelleria - Catania and vice versa

Lampedusa - Palermo and vice versa

Lampedusa - Catania and vice versa

Period of validity of the contract

From: the day after 6 months have lapsed from the date of publication of the present notice

Until: 31 October 2025

Deadline for submission of tenders

2 months after the day of publication of the present notice

Address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the public service obligations can be obtained

ENAC

Air Transport and Licensing Development Department

Viale Castro Pretorio, n. 118

00185 Roma

ITALIA

Tel. +39 0644596515

Email: osp@enac.gov.it

Internet: http://www.mit.gov.it

http://www.enac.gov.it

---