alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
From: Nizich.Sharon@epamail.epa.gov

To: Higgins, Cortney

Cc: Barnett.Keith@epamail.epa.gov ; Gillis.Thomas@epamail.epa.gov ; Silverman.Steven@epamail.epa.gov ; Laney, Michael N.

Date: Wed 12/12/2012 2:45 PM

Subject: RE: TSD Appendices

Courtney

I forgot to attach the TSD appendices when I sent you the earlier files. I'm sorry about the oversight.



### (See attached file: Final TSD Appendix.xlsx)

Sharon V. Nizich

Minerals and Manufacturing Group (MMG)

Sector Policies and Programs Division

OAQPS

- US EPA

RTP NC 27711

919/541

- 2825

"Higgins, Cortney"

--- 12/11/2012 03:28:33 PM

--- T hanks! Can you also send the following documents?

From: "Higgins, Cortney" < Cortney_Higgins@omb.eop.gov >

To: Sharon Nizich/RTP/USEPA/US@EPA

Cc: Keith Barnett/RTP/USEPA/US@EPA, Thomas Gillis/DC/USEPA/US@EPA

Date: 12/11/2012 03:28 PM

Subject: RE: Correlation curves for PM and CEMS

Thanks!

Can you also send the following documents?



### • Portland Cement Reconsideration Technical Support Document

– the final

December 2012 version

o If possible, can you send a redline comparison to the June 2012

document?

• meeting notes, PCA November 28 2012

• response to comments document

– if there are any responses that are

not contained in the preamble, the full document or those responses

• S. Johnson, memo to docket, Nov ember 2012

Thanks,

Cortney
#### In the Matter of IMI, INC., Debtor. John F. WALDSCHMIDT, Trustee, Plaintiff, v. George P. GILLY, Defendant.

Bankruptcy No. 81-00171.

Adv. No. 81-0442.

United States Bankruptcy Court, E.D. Wisconsin.

Nov. 5, 1982.

John F. Waldschmidt, DeStefanis & Waldschmidt, Milwaukee, Wis., for trustee.

Keith R. Varner, Milwaukee, Wis., for defendant.

*443MEMORANDUM DECISION

C.N. CLEVERT, Bankruptcy Judge.

In the case at bar, the court was required to determine the applicability of the common law rule enunciated in *Hinz v. VanDusen,*95 Wis. 503, 70 N.W. 657 (1897). The essential facts showed that just prior to bankruptcy, IMI, Inc., the debtor, repaid an $11,250 loan to Melva Lorenz, one of its officers and directors, and that the payments constituted a voidable preference under 11 U.S.C. § 547(b) as well as conversion of a trust fund created in equity imposed for the benefit of IMI’s general unsecured creditors. (See, *Waldschmidt, Trustee*v. *George P. Gilly and Melva Lorenz,*17 B.R. 784 (Bkrtcy.E.D.Wis.1982) After the payments were made, Gilly, who was also one of the debtor’s officers and directors, and Lorenz pooled their money — Gilly contributed $300 and Lorenz contributed the $11,250 paid by the debtor — and flew to Las Vegas, where they spent and gambled away all but $150.

The trustee urged the court to apply the *Hinz*rule and require Gilly to repay the debtor’s estate an unspecified portion of the $11,250.

Under the *Hinz*rule,

> ... when the corporation ceases to be a going institution, and its business is in such shape that its directors know, or ought to know, that suspension is impending, that its assets in the hands of such directors become, by equitable conversion, a trust fund for the benefit of its general creditors, so that, if such directors prefer themselves over such general creditors, such action constitutes a fraud in law, and equity will compel them to make restitution of all property thereby diverted for their personal benefit to the prejudice of such creditors. Id.95 Wis. at 508-509, 70 N.W. at p. 659.

The foregoing language would have required this court to make the following findings before the trustee could successfully invoke the *Hinz*rule:

1) that IMI repaid a debt to Gilly;

2) that the payment preferred Gilly over IMI’s general unsecured creditors;

3) that IMI was about to suspend operations at the time of the payment; and

4) that Gilly knew or should have known that IMI’s operations were about to be suspended.

However, the evidence would not support those findings. There was no evidence to show that IMI repaid a debt to Gilly. Furthermore, there was no evidence to suggest that the funds “repaid” to Lorenz were part of a sham transaction designed to benefit Gilly; nor was there evidence that Lorenz did not convert the funds she from the debtor received prior to the Las Vegas trip. Consequently, the court has concluded that the trustee has urged an unwarranted and indefensible extension of a narrow common law rule. Therefore,

IT IS ORDERED, ADJUDGED AND DECREED that judgment be and the same hereby is entered for the defendant. The complaint is dismissed without further cost to either party.
1

The Honorable Howard F. Sachs, United States District Judge

for the Western District of Missouri.

___________

No. 95-2850

___________

United States of America, *

 *

Appellee, *

 *

v. * Appeal from the United States

 * District Court for the

Jeffrey Terrell Thomas, also * Western District of Missouri.

known as Donald J. Walker, also *

known as Xavier Jackson, also * [UNPUBLISHED]

known as Charles Leeper, *

 *

Appellant. *

___________

 Submitted: December 29, 1995

 Filed: January 4, 1996 ___________

Before BOWMAN, BEAM, and MURPHY, Circuit Judges. ___________

PER CURIAM.

Jeffrey Terrell Thomas, an African-American, appeals the 120-

month sentence imposed by the district court1 after he pleaded

guilty to conspiring to distribute cocaine base (crack), in

violation of 21 U.S.C. §§ 841(a)(1) and 846. We affirm.

We reject Thomas's argument that 21 U.S.C. § 841(b) is

ambiguous and irrational, and has a discriminatory impact on

African-Americans. See United States v. Jackson, 67 F.3d 1359,

1367 (8th Cir. 1995). Thomas urges us to reconsider our decisions

in United States v. Clary, 34 F.3d 709 (8th Cir. 1994), cert.
-2-

denied, 115 S. Ct. 1172 (1995), and United States v. Buckner, 894

F.2d 975 (8th Cir. 1990), but only the court en banc can overturn

the decision of another panel of the court, United States v.

Polanco, 53 F.3d 893, 896 (8th Cir. 1995), pet. for cert. filed,

No. 95-5022 (U.S. June 29, 1995). We have consistently rejected

the claim that any disparate impact occasioned by the distinction

between the penalties for crack and powder cocaine violates the

Equal Protection Clause, see, e.g., United States v. Delaney, 52

F.3d 182, 189 (8th Cir.), cert. denied, 116 S. Ct. 209 (1995); and

we recently refused to reconsider Clary, United States v. Thompson,

51 F.3d 122, 127 (8th Cir. 1995).

We also conclude Thomas's Eighth Amendment argument--that the

"vastly disproportionate penalty" for crack "offends constitutional

principles of proportionality"--is foreclosed by our decisions in

Thompson, 51 F.3d at 127; United States v. Wesley, 990 F.2d 360,

367 (8th Cir. 1993); and United States v. Winfrey, 900 F.2d 1225,

1227 (8th Cir. 1990).

Accordingly, the judgment of the district court is affirmed.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
EXHIBIT 15





AWARENESS LETTER OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM








MidAmerican Energy Company


Des Moines, Iowa





We have reviewed, in accordance with the standards of the Public Company Accounting Oversight Board (United States), the unaudited consolidated interim financial information of MidAmerican Energy Company and subsidiary for the periods ended June 30, 2009 and 2008, as indicated in our report dated August 7, 2009; because we did not
perform an audit, we expressed no opinion on that information.





We are aware that our report referred to above, which is included in your Quarterly Report on Form 10-Q for the quarter ended June 30, 2009, is incorporated by reference in Registration Statement No. 333-153777 on Form S-3.





We also are aware that the aforementioned report, pursuant to Rule 436(c) under the Securities Act of 1933, is not considered a part of the Registration Statement prepared or certified by an accountant or a report prepared or certified by an accountant within the meaning of Sections 7 and 11 of that Act.








/s/ Deloitte & Touche LLP





Des Moines, Iowa


August 7, 2009
Exhibit 31.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO
SECURITIES EXCHANGE ACT RULES 13a-14(a) AND 15d-14(a), AS ADOPTED PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, Peter J. Minihane, certify that:

1.     I
have reviewed this annual report on Form 10-K of Acme Packet, Inc.;

2.     Based
on my knowledge, this 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 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 registrant as of, and for, the periods presented in this report;

4.     The
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)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f))
for the registrant and have:



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



|                     |  |                                                                              
|-------------------- |  | -----------------------------------------------------------------------------
|Date: March 13, 2009 |  | /s/ PETER J. MINIHANE Peter J. Minihane Chief Financial Officer and Treasurer

---



QuickLinks
Exhibit 10.3


 


Motion
Acquisition Corp. 


c/o
Graubard Miller


405
Lexington Ave, 11th Floor


New
York, New York 10174


 


October
14, 2020


 


Graubard
Miller


405
Lexington Ave, 11th Floor


New
York, New York 10174


 


Ladies
and Gentlemen:


 


This
letter will confirm our agreement that, commencing on the effective date (the “Effective Date”) of the
registration statement (the “Registration Statement”) for the initial public offering (the “IPO”)
of securities of Motion Acquisition Corp. (the “Company”) and continuing until the earlier of (i) the
consummation by the Company of an initial business combination or (ii) the Company’s liquidation (in each case as described
in the Registration Statement) (such earlier date hereinafter referred to as the “Termination Date”),
Graubard Miller shall make available to the Company certain office space and administrative and support services as may be required
by the Company from time to time, situated at 405 Lexington Avenue, 11th Floor, New York, New York 10174 (or any successor
location) free of charge.


 


[Signature
Page Follows]


 




     


     


    


  





 


	 	Very
truly yours,
	 	 
	 	MOTION
ACQUISITION CORP.
	 	 	 
	 	By:	/s/ Michael Burdiek
	 	Name:	Michael Burdiek
	 	Title:	Chief Executive Officer




 


AGREED
TO AND ACCEPTED BY:


 


GRAUBARD
MILLER


 


	By:	/s/ Jeffrey M. Gallant	 
	Name:	Jeffrey M. Gallant	 
	Title:	Partner	 




 


[Signature
Page to Administrative Services Agreement]
Exhibit 10.25


  





NLS
Pharmaceutics Ltd.


Alter
Postplatz 2


CH-6370
Stans


 


___
October 2020


  


Addendum
Number 3 to Promissory Note (“Addendum”)


 


 


 _________ Schützenstrasse 12, 8702 Zollikon
(the “Lender”), granted to NLS Pharmaceutics Ltd. (formerly NLS-1 Pharma AG), a Swiss stock
corporation with its registered office at Alter Postplatz 2, 6370 Stans, Switzerland, and company no. CHE-447.067.367 (the
“Borrower”), based on the promissory note dated _________ 2019, as amended on _________ 2019 and on
_________ 2020 (the “Promissory Note”) the principal sum of CHF 125,000.00 (the “Principal
Amount”), together with interest at 10.0% p.a. (the “Interest”) thereon accruing on and from the
date of payment until the entire Principal Amount is repaid (the Interest and the Principal Amount hereinafter jointly
referred to as the “Loan”).


 


The
Principle Amount was paid to the Borrower on _________ 2019 (the “Date of Payment”). The full amount of
the Loan, including accrued Interest, is outstanding as of the date of this Addendum.


 


The
following is a statement of the amended terms and conditions of the Promissory Note:


 


	1
                                         – Extension Maturity Date

         
	According
                                         to section 2 of the Promissory Note, the Loan shall be repaid in full on the Maturity
                                         Date and therefore the repayment of the Loan was agreed to take place no later than 30
                                         September 2020.

         

        According
        to section 2 of the Promissory Note, the Lender may unilaterally extend the repayment term and set a new Maturity Date.

         

        The
        Lender hereby extends the Maturity Date of the Loan, replacing the existing maturity date, until 31 December 2020 and,
        thus, the Loan shall be due for repayment no later than 31 December 2020. The Borrower hereby acknowledges and agrees
        with the extension. References to the Maturity Date in the Promissory Note shall be to 31 December 2020.

         

	2
    – Governing Law	This
Addendum shall be governed by and construed in accordance with the substantive laws of Switzerland, without reference to principles
of conflict of laws or choice of laws.

	 	 
	3
    – Jurisdiction	All
disputes arising out of or in connection with this Addendum, including disputes regarding its conclusion, validity, binding effect,
amendment, breach, termination or rescission shall be subject to the exclusive jurisdiction of the ordinary courts of Stans (NW).



 


 





	The Lender	 	The Borrower	 	 
	 	 	NLS Pharmaceutics Ltd


	 
	 	 	 	 	 
	 	 	 	 	 
	Lender



	 	Alexander Zwyer



	 	Ronald Hafner




		 	Chief Executive Officer



	 	Chairman of the Board of Directors
EXHIBIT 32.2

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

The undersigned, the Chief Financial Officer of China Ivy School, Inc. (the
"Company"), does hereby certify under the standards set forth and solely for the
purposes of 18 U.S.C. 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that this Amended Annual Report on Form 10-K of the
Company for the year ended December 31, 2008 fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and information contained in that Form 10-K fairly presents, in all material
respects, the financial condition and results of operations of the Company.

Dated: May 5, 2009


/s/ Jian Xue
---------------------------
Jian Xue
Chief Financial Officer

A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 22-6764

UNITED STATES OF AMERICA, 

Plaintiff - Appellee, 

v. 

LARRY RAY WARD, a/k/a Red, 

Defendant - Appellant. 

Appeal from the United States District Court for the Eastern District of North Carolina, at 

Raleigh. James C. Dever, III, District Judge. (5:11-cr-00286-D-1) 

Submitted: February 17, 2023 Decided: February 24, 2023

Before AGEE and WYNN, Circuit Judges, and KEENAN, Senior Circuit Judge. 

Affirmed by unpublished per curiam opinion. 

ON BRIEF: G. Alan Dubois, Federal Public Defender, Eric Joseph Brignac, OFFICE OF 

THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellant. Michael 

F. Easley, Jr., United States Attorney, Neal I. Fowler, Assistant United States Attorney, 

OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. 

Unpublished opinions are not binding precedent in this circuit. 

USCA4 Appeal: 22-6764 Doc: 24 Filed: 02/24/2023 Pg: 1 of 2
2

PER CURIAM: 

Larry Ray Ward appeals the district court’s order denying his 18 U.S.C. 

§ 3582(c)(1)(A)(i) motion for compassionate release. After review of the record, we 

conclude that the district court did not abuse its discretion in determining that such release 

was not warranted in light of relevant 18 U.S.C. § 3553(a) factors after balancing those 

factors against Ward’s health conditions, his age, a post-sentencing change in the law 

affecting the career offender classification under the Sentencing Guidelines, Ward’s release 

plan, his post-sentencing rehabilitation efforts and conduct in prison, his exposure to 

COVID-19 and risk of a severe outcome, and steps taken in the Bureau of Prisons to 

address the disease. See United States v. Bethea, 54 F.4th 826, 831, 834 (4th Cir. 2022) 

(noting standard of review, conclusions district court must draw to grant motion, and 

guideposts for determining whether court has abused its discretion in considering 18 U.S.C. 

§ 3553(a) factors). Ward’s appellate arguments challenging the district court’s denial 

decision as insufficiently explained and substantively unreasonable and challenging the 

district court’s weighing of the factors before it are without merit. Accordingly, we affirm 

the court’s order. United States v. Ward, No. 5:11-cr-00286-D-1 (E.D.N.C. June 28, 2022). 

We dispense with oral argument because the facts and legal contentions are adequately 

presented in the materials before this court and argument would not aid the decisional 

process. 

AFFIRMED

USCA4 Appeal: 22-6764 Doc: 24 Filed: 02/24/2023 Pg: 2 of 2
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Home : Media : News : News Article View

# Curtis Wilbur Completes Basic Phase

By Mass Communication Specialist Codie L. SouleCommander Task Force 70 Public Affairs

**                    SHARE                

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More News
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack

, Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

December 22, 2020

s1214 

# Order

Clerk December 22, 2020

160268

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 160268

COA: 343987

Saginaw CC: 99

- 017628

- FC

JAMES WASHINGTON, III,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the July 25, 2019 judgment

of the Court of Appeals is considered, and it is DENIED, because we are not persuaded

that the questions presented should be reviewed by this Court.
**Exhibit
32.1**
 
   
 
 
 **CERTIFICATION
PURSUANT TO SECTION 906**
 **OF
THE SARBANES-OXLEY ACT OF 2002,**
 **18
U.S.C. SECTION 1350**
 
 In
connection with the Annual Report on Form 10-K/A of Teton Petroleum Company (the
“Company”) for the period ended December 31, 2004 to be filed with the
Securities and Exchange Commission on or about the date hereof (the “Report”), I, Karl
F. Arleth, the Chief Executive Officer of the Company, certify, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350,
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.
 
 It is not
intended that this statement be deemed to be filed for purposes of the
Securities Exchange Act of 1934.
 
 Dated: May
      19, 2005
    By:
    /s/
      Karl F. ArlethName: Karl F. ArlethTitle: Chief Executive
      Officer
 ****
#### In re NASHVILLE HOTEL PARTNERS, LTD., Debtor-in-Possession. George B. CLARK and Robert W. Leonard, Trustees for Shareholders of Altair Corporation, Appellants, v. NASHVILLE HOTEL PARTNERS, LTD., Appellee.

No. 387-0600.

United States District Court, M.D. Tennessee, Nashville Division.

Nov. 22, 1987.

William H. Tate, Gracey, Ruth, Howard, Tate & Sowell, Nashville, Tenn., and Clive W. Bare, Heiskell, Donelson, Bearman, Adams, Williams & Kirsch, Knoxville, Tenn., for George B. Clark and Robert W. Leonard, trustees for shareholders of Altair Corp.

William R. O’Bryan, Jr. and Anita L. Whisnant, Nashville, Tenn., for Nashville Hotel Partners, Ltd.

AGREED ORDER DISMISSING APPEAL

NEESE, Senior District Judge.

It appears to the Court from the signatures below of the attorneys for the appellant and appellee that the appeal from the Order of the Bankruptcy Court, entered on June 11, 1987, by George B. Clark and Robert W. Leonard, Trustees in liquidation for shareholders of Altair Corporation (“Trustees”), should be dismissed. The parties have entered into a compromise and settlement agreement of all pending claims. The compromise has been approved by the Bankruptcy Court.

It is accordingly ORDERED that the Trustees’ appeal from the June 11, 1987 judgment shall be and hereby is dismissed.
Exhibit 32.2    CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002   In connection with the Amended Annual Report of Desert Mining, Inc. a Nevada corporation (the Company), on Form 10-KSB/A for the annual period ending December 31, 2006 as filed with the Securities and Exchange Commission (the Report), I, Peter K. Nelson, Chief Financial Officer of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350), that to my knowledge:  (1) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); 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/Peter K. Nelson Peter K. Nelson Chief Financial Officer Date: May 21, 2007