alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNI TED STAT ES COURT OF APPEALS
FOR THE FIF TH CIRCU IT

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Lyle W . Cayce
Clerk

Purs uant to 5 T H C I R

. R. 47.5

, the cour t has d ete rm ined t hat this op inion sho uld not *

be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t for th in 5 T H C I R

. R. 47.5 .4. Case: 10-60228 Document: 00511341780 Page: 1 Date Filed: 01/06/2011N o

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.

2 Case: 10-60228 Document: 00511341780 Page: 2 Date Filed: 01/06/2011
# L_2012263EN.01004201.xml

| 28.9.2012 | EN | Official Journal of the European Union | L 263/42 |
| --- | --- | --- | --- |

28.9.2012

EN

Official Journal of the European Union

L 263/42

---

COUNCIL DECISION

of 24 September 2012

appointing a German member and a German alternate member of the Committee of the Regions

(2012/525/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,

Having regard to the proposal of the German Government,

Whereas:

| (1) | On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015. |
| --- | --- |

(1)

On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

| (2) | A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Peter MÜLLER. |
| --- | --- |

(2)

A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Peter MÜLLER.

| (3) | An alternate member’s seat has become vacant following the end of the term of office of Mr Stephan TOSCANI, |
| --- | --- |

(3)

An alternate member’s seat has become vacant following the end of the term of office of Mr Stephan TOSCANI,

HAS ADOPTED THIS DECISION:

Article 1

The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

| (a) | as member:






  — | Ms Helma KUHN-THEIS, Bevollmächtigte für Europaangelegenheiten; |
| --- | --- | --- |

(a)

as member:

—

Ms Helma KUHN-THEIS, Bevollmächtigte für Europaangelegenheiten;

and

| (b) | as alternate member:






  — | Ms Isolde RIES, Vizepräsidentin des Landtages des Saarlandes. |
| --- | --- | --- |

(b)

as alternate member:

—

Ms Isolde RIES, Vizepräsidentin des Landtages des Saarlandes.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 24 September 2012.

For the Council

The President

A. D. MAVROYIANNIS

---

(1)  
  OJ L 348, 29.12.2009, p. 22.

1

(2)  
  OJ L 12, 19.1.2010, p. 11.

2

---
# Fourth Court of Appeals

San Antonio, Texas

March 17, 2021

No. 04

- 19

- 00882

- CV

VILLEJO ENTERPRISES, LLC D/B/A Good Guys Auto Group ("Good Guys"),

Appellant

v

.

C.R. COX, INC D/B/A AAMCO and Carl Cox,

Appellees

From the County Court at Law No. 3

, Bexar County, Texas

Trial Court No. 2019CV01289

Honorable David J. Rodriguez , Judge Presiding



### O R D E R

Sit ting : Rebeca C . Martinez, Chief Justice

Patricia O. Alvarez, Justice

L uz E l ena D. Chapa, Just ice

Irene Rios, Justice

Beth Watki ns, Justice

Liza A. Rodri guez, Justice

Lori I. Valenzuela, Justice

On February 4, 2021, appellant filed a “motion for rehearing en banc .” After

consideration, the motion is DENIED

.

_________________________________ Rebeca C. Martinez, Chief JusticeIN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 17th day of March, 2021

.

___________________________________ M ichael A. C ruz

, Clerk of Court
STATE OF DELAWARE 

DEPARTMENT OF NATURAL RESOURCES 

AND ENVIRONMENTAL CONTROL 

OFFICE OF THE 

SECRETARY 

Mr. Donald S. Welsh (3RAOO) 

Regional Adm in istrator 

U. S. Environmental Protection Agency 

Region III 

1650 Arch Street 

Philadelphia, PA 19103-2029 

Dear Mr. Welsh: 

89 KINGS HIGHWAY 

DOVER, D ELAWARE 19901 

September 25, 2008 

PHONE: (302) 739-9000 

FAX: (302) 739-6242 

I am pleased to submit the enclosed State of Delaware Visibility State Implementation Plan (SIP). 

The effective date of the SIP is September 25,2008 . 

This plan encompasses 1) monitoring strategies for evaluating visibility impacts, 2) baselines and 

trends, 3) long-tenn strategies (LTS), 4) how Delaware meets its fair share of the "reasonable progress 

goals" (RPG) towards reducing visibility impairment in Class I areas, and 5) Best Available Retrofit 

Technology (BART). This plan demonstrates that Delaware has met its BART, RPG and LTS obligations 

for 2018 visibility impairment. 

The requirements of the CAA Section 110(a)(2)(A) have been met through the normal public 

hearing process established by the State of De laware with proper notification (30 days) prior to the 

convening of the public hearing, as well as the requisite "60-day Review" by federal land managers. A 

public hearing was held on September 23, 2008. Attachments A and B are copies of affidavits as proof of 

proper notification. It is the position of the State of Delaware that all minimum requirements set forth in 

the 1990 Clean Air Act Amendments have been met. 

We look forward to continuing the cooperative effort between Delaware and EPA in this 

important work. As always, fe el free to contact me or Ali Mirzakhalili, Administrator, (302) 739-9402, if 

you have any questions concerning the enclosed documents. 

Enclosures 

ec: Judy Katz, EPA wlenel. 

James Werner, Director, DA WM 

Ali Mirzakhalili 

d:cA/V 

/ John A. Hughes 

U Secretary
# Delegation of Authority Under Section 506(a)(3) of the Foreign Assistance Act of 1961

# Memorandum for the Secretary of State

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 621 of the Foreign Assistance Act of 1961 (FAA), I hereby delegate to the Secretary of State the authority under section 506(a)(3) of the FAA to direct the drawdown of up to $567 million in defense articles and services of the Department of Defense, and military education and training, to provide assistance to Taiwan.

                    You are authorized and directed to publish this memorandum in the                     *Federal Register*.                

[FR Doc. 2024-24319

Billing code 4710-10-P
file:///J|/INITENG/P11%20cases/p110487.eng.txt[5/1/2013 1:47:35 PM] INITIAL REVIEW ENGINEERING REPORT PMN: 11-0487 Focus Ready Draft 7/28/2011 ENGINEER: Avcin \ AG PV (kg/yr):file:///J|/INITENG/P11%20cases/p110487.eng.txt[5/1/2013 1:47:35 PM] SAT (concerns) (07/19/2011): Migration to groundwater: PMN: slow // Deg Pdt: rapid PBT rating: P3B3T2 PMN: Health: 1-2; Eco: 1 // Pdt: Health: 2; Eco: 3 // // PMN: P3B1T1 // Deg Pdt: P3B3T2 Health: 2 Dermal, Drinking Water, Inhalation Eco: 3 Water (All releases to water with a CC = 1000 ppb) OCCUPATIONAL EXPOSURE RATING: 2-3D NOTES & KEY ASSUMPTIONS: Generated by the 06/07/2005 version of ChemSTEER.file:///J|/INITENG/P11%20cases/p110487.eng.txt[5/1/2013 1:47:35 PM] POLLUTION PREVENTION CONSIDERATIONS: P

EXPOSURE-BASED REVIEW: No INITIAL REVIEW ENGINEERING REPORT PMN: 11-0487file:///J|/INITENG/P11%20cases/p110487.eng.txt[5/1/2013 1:47:35 PM]file:///J|/INITENG/P11%20cases/p110487.eng.txt[5/1/2013 1:47:35 PM] INITIAL REVIEW ENGINEERING REPORT PMN: 11-0487file:///J|/INITENG/P11%20cases/p110487.eng.txt[5/1/2013 1:47:35 PM]file:///J|/INITENG/P11%20cases/p110487.eng.txt[5/1/2013 1:47:35 PM] INITIAL REVIEW ENGINEERING REPORT PMN: 11-0487file:///J|/INITENG/P11%20cases/p110487.eng.txt[5/1/2013 1:47:35 PM]file:///J|/INITENG/P11%20cases/p110487.eng.txt[5/1/2013 1:47:35 PM] rangefile:///J|/INITENG/P11%20cases/p110487.eng.txt[5/1/2013 1:47:35 PM]
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 Annual Report of Gouverneur Bancorp Inc. (the
"Company") on Form 10-KSB for the period ending September 30, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Richard F. Bennett, Chief Executive 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 as of and for the period covered by the Report.


December 18, 2002                      By: /s/ RICHARD F. BENNETT
                                           -------------------------------------
                                           Richard F. Bennett
                                           President and Chief Executive Officer
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 this quarterly report on Form 10-Q of Marvin’s Place, Inc. (the
“Company”) for the quarter ended March 31, 2009, as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), I, Georgette Mathers,
Chief Executive Officer of the Company, do hereby 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; and





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




By:
                
                /s/Georgette MathersGeorgette
      MathersChief
      Executive OfficerChief
      Financial Officer




Dated:
May 15, 2009





This
certification accompanies this report on Form 10-Q pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by
such Act, be deemed filed by the Company for purpose of Section 18 of the
Securities Exchange Act of 1934, as amended.





A signed
original of this written statement required by Section 906, another 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 Marvin’s Place, Inc. and will be retained
and furnished to the Securities and Exchange Commission or its staff upon
request.
**Consent
      of Independent Registered Public Accounting Firm**








We
      consent to the incorporation by reference in the following Registration
      Statements:


(1)  Registration
      Statement (Form S-8 No. 333-68163) of Clark, Inc.,


(2)  Registration
      Statement (Form S-8 No. 333-68982) of Clark, Inc.,


(3)  Registration
      Statement (Form S-3 No. 333-46104) of Clark, Inc.,


(4)  Registration
      Statement (Form S-8 No. 333-106538) of Clark, Inc., and


(5)  Registration
      Statement (Form S-3 No. 333-72232) of Clark, Inc.


of
      our
      reports dated February 27, 2006, with respect to the consolidated financial
      statements of Clark, Inc., Clark, Inc. management's assessment of the
      effectiveness of internal control over financial reporting, and the
      effectiveness of internal control over financial reporting of Clark, Inc.
      included in this Annual Report (Form 10-K) of Clark, Inc. for the year ended
      December 31, 2005.


/s/
      Ernst
      and Young LLP





Chicago,
      Illinois


February
      27, 2006
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 AI Document Services, Inc. (the Company) on Form 10-Q for the period ended March 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Mark Cohen, Chief Executive and 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 to my knowledge:  1. The Report fully complies with 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.  /s/ Mark Cohen Mark Cohen Title: President and Chief Financial Officer    May 17, 2011
**THE SUPREME COURT OF TEXAS**

**Post Office Box 12248**

**Austin, Texas 78711**

**(512) 463-1312**

May 28, 2004

Mr. Dewey E. Helmcamp III

Assistant Attorney General

P.O. Box 12548

Austin, TX 78711-2548

Ms. Phyllis B. Schunck

Clark Thomas & Winters

P. O. Box 1148

Austin, TX 78767

Ms. Jennifer S. Riggs

Riggs & Aleshire, P.C.

700 Lavaca Street, Suite 920

Austin, TX 78701

RE:Case Number:  02-0804

Court of Appeals Number:  03-01-00215-CV

Trial Court Number:  96-03744

Style:THE TEXAS WORKERS COMPENSATION COMMISSION

v.

PATIENT ADVOCATES OF TEXAS AND ALLEN J. MERIL, M.D.

Dear Counsel:

Today the Supreme Court of Texas delivered the enclosed opinions and judgment in the above referenced cause.  

Encl.

Sincerely,

Andrew Weber, Clerk

by Nancy J. Vega, Chief Deputy Clerk

**Case No. 02-0804Page 2**
10K.Exhibit 10(b) 06.30.2014 Q4 10K






Exhibit 10(b)
	
					
	DISCRETIONARY COMPENSATION




Because special situations occur where individual achievement may not be adequately recognized under a single incentive plan, the Compensation and Governance Committee (the "Committee"), at the beginning of each fiscal year, grants authority to the Chairman of the Board ("Chairman") and/or the President/Chief Executive Officer to distribute additional discretionary cash and/or stock compensation up to an aggregate maximum amount to eligible participants for each particular fiscal year. For fiscal year 2015, the aggregate amount of cash compensation approved by the Committee was $500,000, and the maximum number of shares approved by the Committee was 600,000 shares of Class A or Class B Common Stock. The stock compensation may be in the form of performance share award opportunities and/or outright grants of shares of Common Stock, all to be awarded under the Company's Amended and Restated 2003 Stock Option and Incentive Plan.  Discretionary compensation is awarded based upon individual effort and is paid in amounts and at such times as the Chairman and/or President/Chief Executive Officer determine, in their sole discretion. No employee has a guaranteed right to discretionary compensation in the event that performance targets are not met.
Eligible participants include any employee of the Company, excluding the Chairman and President/Chief Executive Officer for cash or stock compensation, and excluding executive officers of the Company for stock compensation, except where approved by the Committee.
Exhibit 10.32

REVOLVING NOTE

|$5,000,000 |  | Edina, Minnesota
July 26, 2002
|---------- |  | ------------------------------

FOR
VALUE RECEIVED, AUGUST TECHNOLOGY CORPORATION, a Minnesota corporation (the "Borrower") promises to pay to the order of EXCEL BANK
MINNESOTA, a Minnesota state banking corporation (the "Bank") at its office in Edina, Minnesota or at such other place as may be designated from time to
time by the holder hereof, in lawful money of the United States of America, the principal sum of Five Million Dollars ($5,000,000) or so much thereof as has been advanced by the Bank to or for the
benefit of the Borrower pursuant to that certain Revolving Credit Agreement, dated as of the date hereof, as amended from time to time, between the Borrower and the Bank (the
"Agreement") and remains unpaid, together with interest on the unpaid principal balance hereof from the date hereof until this Note is fully paid, at an
annual rate of interest, calculated on the basis of actual number of days elapsed in a 360 day year, that shall at all times be equal to the Revolving Interest Rate, as provided in the
Agreement, each change in the interest rate herein to become effective on the day the corresponding change in the Revolving Interest Rate becomes effective.

This
Note is payable as follows: (i) interest accruing on this Note shall be due and payable on the last day of each month commencing July 31, 2002, and at maturity or
earlier prepayment in full; and (ii) the principal of this Note and all accrued interest shall be due and payable on April 30, 2004. The Borrower may prepay at any time and from time to
time, all or any portion of the balance from time to time remaining on this Note, without penalty or premium. Payments hereunder shall be applied first to the payment of accrued interest and then to
the reduction of principal.

This
Note is secured by the Security Agreement, and other Loan Documents, referred to in the Agreement, and is issued pursuant to and is subject to the Agreement which, among other
things provides for acceleration of the maturity hereof upon the occurrence of an Event of Default, as defined in the Agreement.

The
Borrower agrees to pay all costs of collection, including attorneys' fees, in the event this Note is not paid when due. This Note is being delivered in, and shall be governed by, the
laws of the State of Minnesota. Presentment or other demand for payment, notice of dishonor and protest are expressly waived.

| |  | AUGUST TECHNOLOGY CORPORATION
| |  | -----------------------------
| |  | By:                          
| |  | Its:                         

---

QuickLinks
#### La Duke and another, Appellants, vs. Northern States Power Company, Respondent.

*October 12, 1949*

February *7, 1950.*

*289For the appellants there was a brief by *Hansen, Kaiser & Steinbring*and *Frank L. Morrow,*attorneys, all of Eau Claire, and *Bendinger, Hayes & Kluwin*of counsel of Milwaukee, and oral argument by *John A. Kluwin.*

For the respondent there was a brief by *Ramsdell & King*and *George M. Carroll,*all of Eau Claire, and oral argument by *Mr. Bailey E. Ramsdell*and *Mr. Carroll.*

Hughes, J.

It appears from the record that the plaintiff sought to establish his case upon the theory that the safe-place statute applied.

We are of the opinion the trial court correctly held that the safe-place statute did not apply. The place of plaintiff’s employment was the Aluminum Company and the duty to maintain it according to the statutory standards rested upon the Aluminum Company.

We conclude, however, that the trial court was in error in holding that the plaintiff was a trespasser upon the defendant Power Company’s poles. As a workman on the Aluminum Company property he was an invitee with permission to go wherever his tasks led. The Power Company, being apparently a licensee of the Aluminum Company, cannot claim that plaintiff was a trespasser and therefore a wrongdoer in coming in contact with its poles which rested on Aluminum Company property where plaintiff had a right to be.

In *Meyer v. Menominee & Marinette L. & T. Co.*(1912), 151 Wis. 279, 285, 138 N. W. 1008, a boy of fourteen was killed when he touched wires while, with other boys, atop a lumber pile over which defendant’s wires ran. The company contended that the boy was a trespasser to whom it owed *290no duty. This court, in sustaining a judgment in favor of plaintiff, said:

> “But whether deceased in the instant case was a bare licensee or invitee when upon the lumber pile, if defendant knew or ought to have known that boys of his age were accustomed to be there, it was chargeable with due care in the management of its poles, wires, and current so as to protect children and others who might be expected to be there from injury, and was bound to anticipate that some injury might result to some one in consequence of the location and condition of the wires.”

The same may be said of the defendant here with even more force. Whether it placed its transformers after the Aluminum Company erected its raceway or whether the raceway was erected subsequently, the defendant must have had knowledge of their close proximity and should have anticipated that the Aluminum Company might engage workmen in the maintenance of its electrical conduits who might come in contact with the Power Company equipment. It was its duty to maintain its equipment in a safe condition. *Dansbery v. Northern States Power Co.*(1926), 188 Wis. 586, 206 N. W. 882; *Erikson v. Wisconsin Hydro-Electric Co.*(1934), 214 Wis. 614, 254 N. W. 106.

The questions of whether the ground wire was detached and the relative negligence of the plaintiff and the defendant are for the jury.

*By the Court.*— Judgment reversed and cause remanded for a new trial.

Broadfoot, J., took no part.