alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Third District Court of Appeal

State of Florida

Opinion filed March 17, 2021.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D21-423

Lower Tribunal No. F00-25707

________________

Duane Walker,

Appellant,

vs.

The State of Florida,

Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from 

the Circuit Court for Miami-Dade County, Zachary James, Judge.

Duane Walker, in proper person.

Ashley Moody, Attorney General, for appellee.

Before EMAS, C.J., and FERNANDEZ and MILLER, JJ. 

PER CURIAM.
2

Affirmed. See Bradley v. State, 3 So. 3d 1168 (Fla. 2009) (holding that 

defect in the charging document, which omitted a required element for 

sentencing enhancement, was cured by defendant’s explicit waiver of such 

defect during plea colloquy); Fla. R. Crim. P. 3.850(h)(2) (providing: “A 

second or successive motion is an extraordinary pleading. Accordingly, a 

court may dismiss a second or successive motion if the court finds that it fails 

to allege new or different grounds for relief and the prior determination was 

on the merits or, if new and different grounds are alleged, the judge finds 

that the failure of the defendant or the attorney to assert those grounds in a 

prior motion constituted an abuse of the procedure or there was no good 

cause for the failure of the defendant or defendant's counsel to have 

asserted those grounds in a prior motion.”)
#### New Jersey Theatre Company, Appellant, vs. City of Milwaukee and others, Respondents.

*February 10*

March *7, 1933.*

For the appellant there were briefs by *Walter J. Matti-son,*attorney, and *Gold & McCann, Walter D. Corrigan, Sr.,*and *August C. Backus*of counsel, and oral argument by *Mr. Mattison, Mr. J. E. Porter, Mr. Corrigan, Mr. Walter L. Gold,*and *Mr. Backus,*all of Milwaukee.

For the respondents there was a brief by *Max Raskin,*city attorney, *William F. Quick,*first assistant city attorney, *Herbert C. Hirschboeck*and *H. A. Kovenock,*assistant city attorneys, and oral argument by *Mr. Quick, Mr. Hirsch-boeck,*and *Mr. Kovenock.*

Fowler, J.

This case was argued and submitted with the case of *Schlitz Realty Corporation v. City of Milwaukee, ante,*p. 62, 247 N. W. 459, and is ruled by the decision therein.

*By the Court.*— The judgment and orders of the circuit court are affirmed.
**Exhibit 32**

 

**CERTIFICATION**

 

Pursuant to****18 U.S.C.1350, the undersigned Chief Executive Officer and Chief Financial Officer,respectively, of Canterbury Park Holding Corporation (the “Company”) herbycertify that:

 

(1)          The accompanying quarterlyreport on Form 10-Q for the period September 30, 2010 fully complieswith the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

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

 
|                           | **CANTERBURY PARK HOLDING CORPORATION**      |
|--------------------------------|----------------------------------------------|
|                           |                                         |
| Dated:  November 15, 2010 | /s/  Randall D. Sampson                      |
|                           | Randall  D. Sampson,                         |
|                           | President,  and Chief Executive Officer      |
|                           |                                         |
| Dated:  November 15, 2010 | /s/  David C. Hansen                         |
|                           | David  C. Hansen,                            |
|                           | Vice  President, and Chief Financial Officer |

 

1

----
## ALJ Chief Judge Announces the Passing of Long Time Administrative Law Judge Sidney Goldstein

**Judge Sidney Goldstein**

Judge Sidney Goldstein, former Administrative Law Judge at the U.S. Occupational Safety and Health Review Commission, passed away on Friday, July 13th, 2012, agency Chief Administrative Law Judge Covette Rooney regretfully announced on July 17, 2012.

"Judge Goldstein was a highly respected member of OSHRC’s Office of Administrative Law Judges. All who knew him, regarded him with great admiration. During his many years here, he made many significant contributions to the mission of the office. We are all saddened by his passing, and our thoughts and prayers are with his family," said Chief Judge Rooney.

A native of Chicago, Illinois, Judge Goldstein earned his undergraduate degree from Crane College and his Juris Doctor at DePaul University. He served as an Administrative Law Judge with the Social Security Administration from 1958-1972 and acted as its Chicago Chief from 1962-1970.

Judge Goldstein retired in December of 2011, after serving as an Administrative Law Judge with the Review Commission since May of 1972. He returned to the Review Commission as a Senior Judge in the Denver office on a part-time basis and remained there until permanently retiring in the local Denver area.
# Official Journal C 378A/2019

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 378A |
| | |
| English edition | Information and Notices | Volume 627 November 2019 |

ISSN 1977-091X

Official Journal

of the European Union

C 378A

English edition

Information and Notices

Volume 627 November 2019

---

| Contents | page |
| --- | --- |
| | V   Announcements |
| | ADMINISTRATIVE PROCEDURES |
| | European Personnel Selection Office (EPSO) |
| 2019/C 378 A/01 | Notice of open competition — EPSO/AST-SC/09/19 –– Conference operators (SC 2) | 1 |

Contents

page

V   Announcements

ADMINISTRATIVE PROCEDURES

European Personnel Selection Office (EPSO)

2019/C 378 A/01

Notice of open competition — EPSO/AST-SC/09/19 –– Conference operators (SC 2)

1

---

| EN | |
| --- | --- |

EN
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASH I NGTON, D . C . 20460

Mr. Keith Stephens, Ph.D . Pow erSouth Energy Cooperative 2027 East Three Notch Street Andalusia , Ala bama 36421 Dear Mr. Stephens: 

### JUL 3 1 2 013 OFF I CE OF WA rER

The U.S. Environmental Protection Agency ( EPA) has received your request for plant- specific information , including estimated compliance costs and pollutant removals, related to the proposed revisions to the Effl uent L imitations Guidelines and S tandards for the Steam Electric Power Generating Point Source Ca tegory (Docket ID No . EPA-HQ - OW-2009-0819). I n respon se to your request , please find enclo sed a disc containing one file and six attachments for each plant for which costs/re movals are being provided. The file a nd attachments present the input va lues and the costs and p ollutant removals for the requ ested plants , as well as additional information regardi n g EPA 's estimation of th ese values . The EPA is providing costs and pollutant removals for the following p lant: • Charles R. Lowman Power Plant (06914). The information provided in the enclosed disc may contain information that was claimed by your company ' s p lant as confidential bus iness information (CBI) in response to the Questionnaire for the Steam Electric Power Gene rating Effluent Guidelines. The E PA is not re spo n s ible for the release of this CBI if you or others in your company provide these attachments to other partie s. If you have any questions re garding these estimates , please

**contac~** me at (202) 566-1755 or alicea.jezebele @ epa.gov. Thank you for your interest in the steam e lectric effluent guide lines rulemaking process.

Enclosure s

Internet Address (UR L ) • http : l/www. epa gov · Recycled/Recyclable • Pnnted w1th Vegetable Oil Based Inks on 100% Postconsumer Process Chlonne Free Recycled Paper
##### 



Exhibit 31.2 CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER
PURSUANT TO SECTION 302 OF SARBANES - OXLEY ACT OF 2002 I, Thomas E. Legro, certify that:  1.
    
    I have reviewed this report on Form 10-Q for the quarter ended March 31,
2004 of Indiantown Cogeneration, L.P.;2.
    
    Based on my knowledge, this report does not contain any untrue statement
of a material fact or omit to state material fact necessary to make the
statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this
report;3.
    
    Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material
respects the financial condition, results of operations and cash flows of
the co-registrant as of, and for, the periods presented in this report;4.
    
    The co-registrants other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as
defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the
co-registrant and have:  a.
    
    Designed such disclosure controls and procedures, or caused
such disclosure controls and procedures to be designed under our
supervision, to ensure that material information relating to the
co-registrant, including its consolidated subsidiaries, is made
known to us by others within those entities, particularly during the
period in which this report is being prepared;b.
    
    Evaluated the effectiveness of the co-registrant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 in this report based on such
evaluation; andc.
    
    Disclosed in this report any change in the co-registrants
internal control over financial reporting that occurred during the
co-registrants most recent fiscal quarter (the co-registrants
fourth fiscal quarter in the case of an annual report) that has
materially affected, or is reasonably likely to materially affect,
the co-registrants internal control over financial reporting; and  5.
    
    The co-registrants other certifying officer and I have disclosed, based
on our most recent evaluation of internal control over financial
reporting, to the co-registrants auditors and the audit committee of the
co-registrants board of directors (or persons performing the equivalent
functions):  a.
    
    All significant deficiencies and material weaknesses in the
design or operation of internal control over financial reporting are
reasonably likely to adversely affect the co-registrants ability to
record, process, summarize and report financial information; andb.
    
    Any fraud, whether or not material, that involves management
or other employees who have a significant role in the
co-registrants internal control over financial reporting. Date: May 11, 2004 /s/ THOMAS E. LEGROThomas E. LegroVice President, Controller and Chief AccountingOfficerIndiantown Cogeneration, L.P.
Exhibit 21 

**SUBSIDIARIES OF THE COMPANY**

***Direct subsidiaries of CECOEnvironmental Corp.***

CECO Group, Inc., a Delaware corporation 

Flextor Inc., a Quebec company 

***Direct subsidiaries of CECO Group, Inc.***

CECOFilters, Inc., a Delaware corporation 

CECO Abatement Systems, Inc., a Delaware corporation 

H.M. White, Inc. (f/k/a CECO Energy, Inc.), a Delaware corporation 

(d/b/a Kirk & Blum H.M. White Sub in Michigan) 

CECOaire, Inc., a Delaware corporation 

The Kirk & Blum Manufacturing Company, an Ohio corporation 

kbd/Technic, Inc., an Indiana corporation 

Effox, Inc., a Delaware corporation 

GMD Environmental Technologies, Inc., a Delaware corporation 

(f/k/a GMD Acquisition Corp.) 

Fisher-Klosterman, Inc., a Delaware corporation 

(f/k/a FKIAcquisition Corp.) 

CECO Mexico Holdings LLC, a Delaware limited liability company 

***Direct subsidiaries of CECO Filters, Inc.***

CECO Filters India Pvt. Ltd., an Indian company 

New Busch Co., Inc., a Delaware corporation 

***Direct subsidiaries of Fisher-Klosterman, Inc.***

FKI,LLC, a Delaware limited liability company 

Fisher-Klosterman-Buell Shanghai Co., Ltd., a China company

(f/k/a Kentucky Fabrication (Shanghai Co., Ltd.)) 

AVC, Inc., a Delaware corporation 

***Direct subsidiaries of H.M. White, Inc.***

CECOEnvironmental Mexico S. de R.L. de C.V., a Monterrey, Mexico company 

CECO Environmental Services S. de R.L. deC.V. , a Monterrey, Mexico company 

***Direct subsidiaries of Flextor Inc.***

Flextor Chile S.A., a Chile company 

Flextor do Brasil Importacao e Exportacao Ltda., a Brazil company
**Exhibit 32(b)**

 

 

 

**CERTIFICATION**

**18 U.S.C. SECTION 1350**

**AS ADOPTED PURSUANT TO SECTION 906 OF THE**

**SARBANES-OXLEY ACT OF 2002**

 

In connection with the accompanying Annual Report on Form 10-K of Alabama Power Company for the year ended December 31, 2007, we, the undersigned, hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of our individual knowledge and belief, that:

 

| (1)    | such Annual Report on Form 10-K of Alabama Power Company for the year ended December 31, 2007, which this statement accompanies, 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 such Annual Report on Form 10-K of Alabama Power Company for the year ended December 31, 2007, fairly presents, in all material respects, the financial condition and results of operations of Alabama Power Company. |

 

 

|   | /s/Charles D. McCrary

Charles D. McCrary

President and Chief Executive Officer

 

 

  |
|--------|----------------------------------------------------------------------------------------------------------|
|   | /s/Art P. Beattie

Art P. Beattie

Executive Vice President,

Chief Financial Officer and Treasurer      |

 

 

Date:  February 25, 2008
EXHIBIT 32.1

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

      I, Dr. John J. McGrath, certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the
Annual Report of EVCI Career Colleges Holding Corp. on Form 10-KSB for the year
ended December 31, 2004 fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 and that information contained in
such report fairly presents in all material respects the financial condition and
results of operations of EVCI Career Colleges Holding Corp.


Dated: March 23, 2005                      /s/ Dr. John J. McGrath
                                           -------------------------------------
                                           Dr. John J. McGrath
                                           Chief Executive Officer and President
III 

114TH CONGRESS 

2D SESSION S. RES. 597 

Designating September 2016 as ‘‘National Kinship Care Month’’. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2016 

Mr. WYDEN (for himself, Mr. HATCH, Ms. BALDWIN, Mr. GRASSLEY, and Mr. 

BOOKER) submitted the following resolution; which was referred to the 

Committee on the Judiciary 

RESOLUTION 

Designating September 2016 as ‘‘National Kinship Care 

Month’’. 

Whereas in September 2016, ‘‘National Kinship Care Month’’ 

is observed; 

Whereas nationally 2,500,000 children are living in kinship 

care with grandparents or other relatives; 

Whereas grandparents and relatives residing in urban, rural, 

and suburban households in every county of the United 

States have stepped forward out of love and loyalty to 

care for children during times in which biological parents 

are unable to do so; 

Whereas kinship caregivers provide safety, promote wellbeing, and establish stable households for vulnerable children; 


emcdonald on DSK9F6TC42PROD with BILLS
2 

•SRES 597 IS 

Whereas kinship care enables a child— 

(1) to maintain family relationships and cultural 

heritage; and 

(2) to remain in the community of the child; 

Whereas kinship care is a national resource that provides loving homes for children at risk; 

Whereas kinship caregivers face daunting challenges to keep 

countless children from entering foster care; 

Whereas the Senate is proud to recognize the many kinship 

care families in which a child is raised by grandparents 

or other relatives; 

Whereas the Senate wishes to honor the many kinship caregivers who throughout the history of the United States 

have provided loving homes for parentless children; 

Whereas National Kinship Care Month provides an opportunity to urge people in every State to join in recognizing 

and celebrating kinship caregiving families and the tradition of families in the United States to help raise children; and 

Whereas much remains to be done to ensure that all children 

have a safe, loving, nurturing, and permanent family, regardless of age or special needs: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) designates September 2016 as ‘‘National 

3 Kinship Care Month’’; 

4 (2) encourages Congress to implement policies 

5 to improve the lives of vulnerable children and fami6 lies; 


emcdonald on DSK9F6TC42PROD with BILLS
3 

•SRES 597 IS 

1 (3) honors the commitment and dedication of 

2 kinship caregivers and the advocates and allies who 

3 work tirelessly to provide assistance and services to 

4 kinship caregiving families; and 

5 (4) reaffirms the need to continue working to 

6 improve the outcomes of all vulnerable children 

7 through parts B and E of title IV of the Social Se8 curity Act (42 U.S.C. 601 et seq.), and other pro9 grams designed— 

10 (A) to support vulnerable families; 

11 (B) to invest in prevention and reunifica12 tion services; and 

13 (C) to ensure that extended family mem14 bers who take on the role of kinship caregivers 

15 receive the necessary support. 

Æ 


emcdonald on DSK9F6TC42PROD with BILLS
Exhibit 10.1


 


THIRD AMENDMENT


TO


REGISTRATION RIGHTS AGREEMENT


 


THIS THIRD AMENDMENT TO
REGISTRATION RIGHTS AGREEMENT (this
“Amendment”) is made and entered into as of October 5, 2010 by and among
TECHNISCAN, INC., (the “Issuer”),
BIOTEX PHARMA INVESTMENTS, LLC (the “Lead
Investor”).


 


R  E  C  I  T  A
L  S:


 


WHEREAS,
the Issuer and the Lead Investor desire to revise that certain Registration
Rights Agreement dated March 30, 2010 entered into by and among the Issuer, the
Lead Investor, and the other holders listed on Schedule I thereto, as amended
pursuant to that certain Amendment to Registration Rights Agreement dated as of
May 10, 2010 and that certain Second Amendment to Registration Rights Agreement
dated as of September 30, 2010 (collectively, the “Agreement”).


 


NOW, THEREFORE, in consideration of the foregoing and the mutual benefits
to be derived from this Amendment, the parties hereto hereby agree as follows:


 


1.            Amendment
of the Agreement.  (a)  Pursuant to Section 10 of the Agreement, in
Section 1 the definition for “Effectiveness Deadline”
shall be revised as follows:


 


Each reference to number 192 in clause (i)
of such definition shall be deleted and replaced with the number 198.


 


(b) 
The reference to “Schedule I” in the first paragraph of the Agreement is
replaced by a reference to “the signature pages.”


 


2.            Continued
Effect of the Agreement.  All
provisions of the Agreement, except as modified by this Amendment, shall remain
in full force and effect and are reaffirmed. 
Other than as stated in this Amendment, this Amendment shall not operate
as a waiver of any condition or obligation imposed on the parties under the
Agreement.


 


3.            Interpretation
of Amendment.  In the event of any
conflict, inconsistency, or incongruity between any provision of this Amendment
and any provision of the Agreement, the provisions of this Amendment shall
govern and control.


 


4.             Counterparts.  This Amendment may be executed in any number
of counterparts, each of which shall be deemed an original, and all of which
together shall constitute one and the same agreement.  A facsimile or e-mailed “.pdf” data file copy
of an original written signature shall be deemed to have the same effect as an
original written signature.


 


IN WITNESS
WHEREOF, the parties hereto have
executed this Amendment to Registration Rights Agreement as of the date first
set forth above.


 


	
  TECHNISCAN, INC.

  	
   

  	
  BIOTEX PHARMA INVESTMENTS, LLC

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  By:

  	
  /s/ David C. Robinson

  	
   

  	
   

  	
  By:

  	
  /s/ Robert Kessler

  
	
  David C. Robinson

  	
   

  	
   

  	
  Robert Kessler

  
	
  Chief Executive Officer

  	
   

  	
   

  	
  Member
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 384 Agreed to Senate (ATS)]

<DOC>

114th CONGRESS
  2d Session
S. RES. 384

       Designating March 2, 2016, as ``Read Across America Day''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 2, 2016

Ms. Collins (for herself, Mr. Reed, Mr. Cochran, Mr. Kaine, Mr. Durbin, 
    and Mrs. Capito) submitted the following resolution; which was 
                        considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
       Designating March 2, 2016, as ``Read Across America Day''.

Whereas reading is a basic requirement for quality education and professional 
        success and is a source of pleasure throughout life;
Whereas the people of the United States must be able to read if the United 
        States is to remain competitive in the global economy;
Whereas Congress has placed great emphasis on reading intervention and providing 
        additional resources for reading assistance, including through the 
        programs authorized by the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 6301 et seq.) and through annual appropriations for 
        library and literacy programs; and
Whereas more than 50 national organizations concerned about reading and 
        education have joined with the National Education Association to 
        designate March 2, the anniversary of the birth of Theodor Geisel 
        (commonly known as ``Dr. Seuss''), as a day to celebrate reading: Now, 
        therefore, be it
    Resolved, That the Senate--
            (1) designates March 2, 2016, as ``Read Across America 
        Day'';
            (2) honors Theodor Geisel (commonly known as ``Dr. Seuss'') 
        for his success in encouraging children to discover the joy of 
        reading;
            (3) celebrates the 19th anniversary of Read Across America 
        Day;
            (4) encourages parents to read with their children for at 
        least 30 minutes on Read Across America Day in honor of the 
        commitment of the Senate to building a country of readers; and
            (5) encourages the people of the United States to observe 
        Read Across America Day with appropriate ceremonies and 
        activities.
                                 <all>
```