alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 05-7094

UNITED STATES OF AMERICA, Plaintiff - Appellee,
versus HERBERT WAKEFIELD, III, Defendant - Appellant.
Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., District Judge. (CR-96-710) Submitted: September 29, 2006 Decided: October 31, 2006 Before WILLIAMS, KING, and DUNCAN, Circuit Judges. Vacated and remanded by unpublished per curiam opinion. Herbert Wakefield, III, Appellant Pro Se. Isaac Louis Johnson, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Herbert Wakefield, III, appeals the district court’s order denying his motion filed under Fed. R. Crim. P. 41(g), seeking the return of currency that was seized from him during his arrest. Wakefield asserts that he is entitled to the return of the property and he was never notified of any proposed forfeiture of the money. We review the denial of a motion for the return of seized property for abuse of discretion. United States v. Chambers , 192 F.3d 374, 376 (3d Cir. 1999). A district court abuses its discretion if it fails or refuses to exercise its discretion, fails “adequately to take into account judicially recognized factors constraining its exercise” of discretion, or exercises its discretion based upon “erroneous factual or legal premises.” James v. Jacobson , 6 F.3d 233, 239 (4th Cir. 1993). In the present case, the record contains only Wakefield’s motion, a notation on the docket sheet of the district court’s oral order denying that motion, Wakefield’s request for a statement of reasons for the decision, a docket sheet entry of the court’s oral order denying that request, and the notice of appeal. The district court’s orders do not express the reason for the denial of the motion for return of property. Because we cannot discern a basis for the decision on the sparse record before us, we are unable to determine whether the district court appropriately exercised its discretion. Accordingly, we vacate the district court’s order and- 3 - remand for further proceedings. We deny Wakefield’s motion for appointment of counsel and dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

VACATED AND REMANDED
John A. Sobel 

Joan Robinson-McMillen 

Mark B. McCracken 

County Commissioners 

July 20,2010 

Kim C. Kesner 

County Solicitor 

Lisa McFadden 

Chief Clerk 

ClecufCelc^Cotuvty 

Court Houie/ 

230 ^cut Market Street 

Suite^lOl 

Clearfi£lci PA 16830 

Phone 814-765-2641 

FAX 814-765-2640 

Dennis Devaney 

Essential Air Service Division, X-53 

8* Floor West 

Officer of Aviation Analysis 

Department of Transportation 

1200 New Jersey Avenue S.E. 

Washington, D.C. 20590 

c5 

Re: DuBois Regional Airport 

Dear Mr. Devany; 

Please accept this correspondence as a letter of support for the request of the DuBois Regional 

Airport that Gulfstream International Airlines provide their Option One Proposal to the Airport. 

This request was made in their letter to you of July 19, 2010. 

We agree that the growing Marcellus Shale gas industry would strain the ability of the Airport to 

serve its customers under any other option. Option One would also support Clearfield and 

Jefferson Counties' efforts to capitalize on that same industry as a source of wealth and 

employment to the region. 

Thank you for your time and consideration. If you have any questions, please do not hesitate to 

contact us. 

Sohfil, ^airm&i v ^ * 

in Robinson McMillen, Commissioner 

lark B. McCracken, Commissioner 

Cc: Robert Shaffer
II

106TH CONGRESS

1ST SESSION S. 424

To preserve and protect the free choice of individuals and employees to

form, join, or assist labor organizations, or to refrain from such activities.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 11, 1999

Mr. COVERDELL (for himself, Mr. THURMOND, Mr. SMITH of New Hampshire,

Mr. GRASSLEY, and Mr. HELMS) introduced the following bill; which was

read twice and referred to the Committee on Health, Education, Labor,

and Pensions

A BILL

To preserve and protect the free choice of individuals and

employees to form, join, or assist labor organizations,

or to refrain from such activities.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. AMENDMENTS TO THE NATIONAL LABOR RELA4 TIONS ACT.

5 (a) RIGHT TO ORGANIZE.—Section 7 of the National

6 Labor Relations Act (29 U.S.C. 157) is amended by strik7 ing ‘‘except to’’ and all that follows through ‘‘authorized

8 in section 8(a)(3)’’.
2

•S 424 IS

1 (b) UNFAIR LABOR PRACTICES BY EMPLOYERS.—

2 Section 8(a)(3) of the National Labor Relations Act (29

3 U.S.C. 158(a)(3)) is amended by striking ‘‘: Provided,

4 That’’ and all that follows through ‘‘retaining member5 ship’’.

6 (c) UNFAIR LABOR PRACTICES BY LABOR ORGANIZA7 TIONS.—Section 8(b) of the National Labor Relations Act

8 (29 U.S.C. 158(b)) is amended—

9 (1) in paragraph (2), by striking ‘‘or to dis10 criminate’’ and all that follows through ‘‘retaining

11 membership’’; and

12 (2) in paragraph (5), by striking ‘‘covered by

13 an agreement authorized under subsection (a)(3)’’.

14 (d) BUILDING AND CONSTRUCTION INDUSTRY.—Sec15 tion 8(f) of the National Labor Relations Act (29 U.S.C.

16 158(f)) is amended—

17 (1) by striking paragraph (2); and

18 (2) by redesignating paragraphs (3) and (4) as

19 paragraphs (2) and (3), respectively.

20 SEC. 2. AMENDMENTS TO THE RAILWAY LABOR ACT.

21 Section 2 of the Railway Labor Act (45 U.S.C. 152)

22 is amended by striking the Eleventh paragraph.

Æ
**EXHIBIT 10.FF.1****AMENDMENT NO. 1 TO AMENDED AND RESTATED CREDIT AGREEMENT**     AMENDMENT dated as of January 19, 2007 to the Amended and Restated Credit Agreement dated asof July 31, 2006 (the “**Credit Agreement**”) among **EL PASO CORPORATION, COLORADO INTERSTATE GASCOMPANY**, **EL PASO NATURAL GAS COMPANY**, **TENNESSEE GAS PIPELINE COMPANY**, the several banks and otherfinancial institutions from time to time parties thereto, and **JPMORGAN CHASE BANK, N.A.**, asadministrative agent and as collateral agent.     The parties hereto agree as follows:     SECTION 1 *.**Defined Terms; References**.*Unless otherwise specificallydefined herein, each term used herein that is defined in the Credit Agreement has the meaningassigned to such term in the Credit Agreement. Each reference to “hereof”, “hereunder”, “herein”and “hereby” and each other similar reference and each reference to “this Agreement” and each othersimilar reference contained in the Credit Agreement shall, after this Amendment becomes effective,refer to the Credit Agreement as amended hereby.     SECTION 2 *. Amendment*. The definition of “Consolidated EBITDA” in Section 1.01 of the CreditAgreement is amended by adding the following new clause (x) immediately before the proviso thereto:          *plus*(x) any charges taken during such period in connection with the payment,repayment, redemption, defeasance, early retirement or refinancing of any debt;     SECTION 3 *. Representations of Borrowers**.*The Borrowers represent and warrant that(i) the representations and warranties of the Borrowers set forth in Article 4 of the CreditAgreement will be true on and as of the Amendment Effective Date (as defined below) and (ii) noDefault will have occurred and be continuing on such date.     SECTION 4 *.**Governing Law**.*This Amendment shall be governed by andconstrued in accordance with the laws of the State of New York.     SECTION 5 *.**Counterparts**.*This Amendment may be signed in any number ofcounterparts, each of which shall be an original, with the same effect as if the signatures theretoand hereto were upon the same instrument.     SECTION 6 *.**Effectiveness**.*This Amendment shall become effective on thedate (the “**Amendment Effective Date**”) when the Administrative Agent shall have received from eachof the Borrowers and Lenders comprising the Majority Lenders a counterpart hereof signed by suchparty or facsimile or other written confirmation (in form satisfactory to the Administrative Agent)that such party has signed a counterpart hereof.
1

 
     IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed as ofthe date first above written.      **EL PASO CORPORATION**
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Small Business Administration

          - [Disaster Declaration #20757 and #20758; VIRGINIA Disaster Number VA-20013]

# AGENCY:

U.S. Small Business Administration.

# ACTION:

Amendment 2.

      ( print page 88103)    

# SUMMARY:

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the Commonwealth of Virginia (FEMA-4831-DR), dated October 10, 2024.

*Incident:*                         Tropical Storm Helene.                    

# DATES:

Issued on October 25, 2024.

*Incident Period:*                         September 25, 2024 through October 3, 2024.                    

*Physical Loan Application Deadline Date:*                         December 9, 2024.                    

*Economic Injury (EIDL) Loan Application Deadline Date:*                         July 10, 2025.                    

# ADDRESSES:

*Visit the MySBA Loan Portal at https://lending.sba.gov*                         to apply for a disaster assistance loan.                    

# FOR FURTHER INFORMATION CONTACT:

Alan Escobar, Office of Disaster Recovery & Resilience, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205-6734.

# SUPPLEMENTARY INFORMATION:

The notice of the President's major disaster declaration for Private Non-Profit organizations in the Commonwealth of Virginia, dated October 10, 2024, is hereby amended to include the following areas as adversely affected by the disaster.

*Primary Counties:*                     Albemarle, Appomattox, Botetourt, Buckingham, Charlotte, Floyd, Greene, Madison, Nelson, Patrick, and the Independent City of Roanoke.                

All other information in the original declaration remains unchanged.

(Catalog of Federal Domestic Assistance Number 59008)

Alejandro Contreras,

Acting Deputy Associate Administrator, Office of Disaster Recovery & Resilience.

[FR Doc. 2024-25760 Filed 11-5-24; 8:45 am]

BILLING CODE 8026-09-P
---

**EXHIBIT 12.2**

**SECTION 302 CERTIFICATION**

I, Martin Tutschek, certify that:

I have reviewed this annual report on Form 20-F/A of Forum
National Investments Ltd.;

Based on my knowledge, this annual 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
annual report;

Based on my knowledge, the financial statements, and other
financial information included in this annual report, fairly present in all
material respects the financial condition, results of operations and cash flows
of the registrant as of, and for, the periods presented in this annual
report;

The company's other certifying officers and I am responsible
for establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and we have:

Designed such disclosure controls and procedures to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this annual report is being prepared;

Evaluated the effectiveness of the company's disclosure
controls and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this annual report based on such evaluations; and

Disclosed in this report any change in the companys internal
control over financial reporting that occurred during the period covered by the
annual report that has materially affected, or is reasonably likely to
materially affect, the companys internal control over financial reporting:
and

The company's other certifying officers and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the company's auditors and the audit committee of the company's
board of directors (or persons performing the equivalent function):

All significant deficiencies and material weakness in the
design or operation of internal control of financial reporting which are
reasonably likely to affect the registrant's ability to record, process,
summarize and report financial information; and

Any fraud, whether or not material, that involves management or
other employees who have a significant role in the registrant's internal
controls over financial reporting.



|Date: June 19, 2009 | /s/
      Martin Tutschek                                  
|------------------- | -----------------------------------------------------------
|                    | Martin Tutschek, Chief Financial Officer and
      Director

---
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 780 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
                                 S. 780

 To amend the Omnibus Parks and Public Lands Management Act of 1996 to 
 provide for the participation of the Secretary of the Interior in the 
  America's Agricultural Heritage Partnership, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 13, 1999

  Mr. Harkin (for himself and Mr. Grassley) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To amend the Omnibus Parks and Public Lands Management Act of 1996 to 
 provide for the participation of the Secretary of the Interior in the 
  America's Agricultural Heritage Partnership, 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. SHORT TITLE.

    This Act may be cited as the ``America's Agricultural Heritage 
Partnership Act Amendments of 1999''.

SEC. 2. PARTICIPATION OF THE SECRETARY OF THE INTERIOR.

    Section 702(5) of division II of the Public Law 104-333 (110 Stat. 
4265) is amended by striking ``Secretary of Agriculture'' and inserting 
in lieu thereof, ``Secretary of the Interior''.
                                 <all>
```
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM CONDENSED
CONSOLIDATED BALANCE SHEETS AS OF OCTOBER 25, 1998 AND APRIL 26, 1998
(UNAUDITED) AND CONDENSED CONSOLIDATED STATEMENT OF OPERATIONS FOR THE THIRTEEN
WEEKS ENDED OCTOBER 25, 1998 AND OCTOBER 26, 1997 (UNAUDITED) AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000926295
<NAME> BOSTON RESTAURANT ASSOCIATES, INC.
<MULTIPLIER> 1
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          APR-25-1999
<PERIOD-START>                             JUL-27-1998
<PERIOD-END>                               OCT-25-1998
<EXCHANGE-RATE>                                   1.00
<CASH>                                       1,696,273
<SECURITIES>                                         0
<RECEIVABLES>                                   44,587
<ALLOWANCES>                                         0
<INVENTORY>                                    218,860
<CURRENT-ASSETS>                             2,036,274
<PP&E>                                       5,740,825
<DEPRECIATION>                               2,349,744
<TOTAL-ASSETS>                               6,765,992
<CURRENT-LIABILITIES>                        1,029,700
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        70,242
<OTHER-SE>                                   3,371,785
<TOTAL-LIABILITY-AND-EQUITY>                 6,765,992
<SALES>                                      3,105,983
<TOTAL-REVENUES>                             3,107,457
<CGS>                                          658,681
<TOTAL-COSTS>                                2,968,510
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              75,796
<INCOME-PRETAX>                                 85,493
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    85,493
<EPS-PRIMARY>                                      .01
<EPS-DILUTED>                                      .01
        

</TABLE>
Amendment No. 2
                                       to
                              Employment Agreement


     This Amendment No. 2 dated as of July 1, 1998 to the  Employment  Agreement
(the  "Employment  Agreement")  dated  as  of  July  1,  1994  between  Aeroflex
Incorporated,  a Delaware  corporation,  with its principal office located at 35
South Service Road,  Plainview,  NY 11803 (the "Company") and Leonard Borow, who
resides at 125 Rodeo Drive, Oyster Bay Cove, NY 11791 (the "Executive").

     WHEREAS,  the  Company  and  the  Executive  entered  into  the  Employment
Agreement and now desire to modify certain of the terms and provisions thereof;

     NOW, THEREFORE, it is agreed as follows:

     1. The Employment Agreement is hereby amended as follows:

     (a) Section 3(a) of the Employment Agreement is hereby amended and restated
as follows:

           "(a)The  Executive  shall receive from the Company an initial  annual
           Base Salary, payable in accordance with the regular payroll practices
           of the  Company,  of  $350,000.  During the Term of  Employment,  the
           Compensation  Committee  shall  review the Base  Salary no less often
           than  annually for increase as of each July 1 beginning  with July 1,
           1998;  provided,  however,  that increases shall not be less than the
           increases  in  the  Consumer   Price  Index  for  the  New  York  and
           Northeastern  New Jersey  Region,  as published by the United  States
           Department of Labor,  Bureau of Labor  Statistics  using June 1998 as
           the  basedate,  determined  and payable as  provided in Section  3(b)
           below."

     2. All capitalized terms used herein,  unless otherwise defined herein, are
used herein as defined in the Employment Agreement. Except as expressly provided
herein,  all terms and  provisions of the Employment  Agreement  shall remain in
full force and effect.

     IN WITNESS WHEREOF, the undersigned have hereunto set their hands as of the
date first above written.

                                     AEROFLEX INCORPORATED

                                         By: /s/ Charles Badlato
                                         ---------------------------    
                                            Name:  Charles Badlato
                                            Title: Treasurer 

                                        /s/ Leonard Borow
                                       -----------------------------   
                                            Leonard Borow
---

**EXHIBIT 12.2**

**SECTION 302 CERTIFICATION**

I, Martin Tutschek, certify that:

I have reviewed this annual report on Form 20-F/A of Forum
National Investments Ltd.;

Based on my knowledge, this annual 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
annual report;

Based on my knowledge, the financial statements, and other
financial information included in this annual report, fairly present in all
material respects the financial condition, results of operations and cash flows
of the registrant as of, and for, the periods presented in this annual
report;

The company's other certifying officers and I am responsible
for establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and we have:

Designed such disclosure controls and procedures to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this annual report is being prepared;

Evaluated the effectiveness of the company's disclosure
controls and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this annual report based on such evaluations; and

Disclosed in this report any change in the companys internal
control over financial reporting that occurred during the period covered by the
annual report that has materially affected, or is reasonably likely to
materially affect, the companys internal control over financial reporting:
and

The company's other certifying officers and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the company's auditors and the audit committee of the company's
board of directors (or persons performing the equivalent function):

All significant deficiencies and material weakness in the
design or operation of internal control of financial reporting which are
reasonably likely to affect the registrant's ability to record, process,
summarize and report financial information; and

Any fraud, whether or not material, that involves management or
other employees who have a significant role in the registrant's internal
controls over financial reporting.



|Date: January 14, 2010 | /s/
      Martin Tutschek                                  
|---------------------- | -----------------------------------------------------------
|                       | Martin Tutschek, Chief Financial Officer and
      Director

---