alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 99-6087

KEVIN TRACY,

Plaintiff - Appellant,

versus

NURSE MURPHY,

Defendant - Appellee.

Appeal from the United States District Court for the Western

District of Virginia, at Roanoke. James C. Turk, District Judge.

(CA-98-745-R)

Submitted: March 11, 1999 Decided: March 18, 1999

Before WIDENER and LUTTIG, Circuit Judges, and PHILLIPS, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Kevin Tracy, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Kevin Tracy, a Virginia inmate, appeals the district court’s

order denying relief on his 42 U.S.C. § 1983 (1994) complaint under

28 U.S.C.A. § 1915A (West Supp. 1998). We have reviewed the record

and the district court’s opinion and find that this appeal is

frivolous. Accordingly, we dismiss the appeal on the reasoning of

the district court. See Tracy v. Murphy, No. CA-98-745-R (W.D. Va.

Jan. 4. 1999). We 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.

DISMISSED
*November 7, 1939.*

#### La Frenier and another, Respondents, vs. Scandrett and others, Trustees, Appellants.

For the appellants: *Bender, Trump & McIntyre*of Milwaukee.

For the respondents : *O’Metía & Kaye*of Rhinelander.

*By the Court.*

Judgment affirmed.
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 Quarterly Report of Star Gas Partners, L.P. (the Partnership) and Star Gas Finance Company on Form 10-Q for the quarterly period ended
March 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Ami Trauber, Chief Financial Officer of the Partnership and Star Gas Finance Company, certify to my knowledge, 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 Partnership and Star Gas Finance Company.
| | --- |  | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|               |  |  |  |                                                                                     |  |                 |  |                                                                                     
|-------------- |  |  |  | ----------------------------------------------------------------------------------- |  | --------------- |  | ------------------------------------------------------------------------------------
|               |  |  |  | STAR GAS PARTNERS, L.P. STAR GAS FINANCE COMPANY By: STAR GAS LLC (General Partner)
|               |  |  | 
|April 29, 2004 |  |  |  | By:                                                                                 |  | /s/ Ami Trauber
|               |  |  |  |                                                                                     |  |                 |  | Ami Trauber Chief Financial Officer Star Gas Partners, L.P. Star Gas Finance Company
#### In the Matter of Joie Dawn R., a Person Alleged to be a Juvenile Delinquent, Appellant.

[631 NYS2d 678]

Order of dis*530position, Family Court, New York County (Ruth Zuckerman, J.), entered January 13, 1994, which adjudicated respondent a juvenile delinquent following a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Division for Youth for a period of up to 18 months in a limited secure facility, unanimously affirmed, without costs.

The testimony of the complainant and a witness that respondent struck the complainant several times in the face with a chain dog leash wrapped around her fist, resulting in bruising and pain for which the complainant sought medical treatment, and the inch and a half scar below the complainant’s eye of which the court took notice, established beyond a reasonable doubt that the complainant suffered a physical injury within the meaning of Penal Law § 10.00 (9) *(see, People v McBroom,*160 AD2d 620, *lv denied*76 NY2d 861) by means of a dangerous instrument. We agree with the Family Court that in view of respondent’s present need for close supervision and psychiatric treatment, placement in a limited secure facility for up to 18 months with no minimum period is the least restrictive available alternative disposition *(see, Matter of Katherine W.,*62 NY2d 947). We have considered respondent’s other arguments and find them to be without merit. Concur — Rosenberger, J. P., Rubin, Asch, Williams and Mazzarelli, JJ.
1 

### Sutton, Lisa

From: Maietta, Anthony

Sent: Friday, May 22, 2015 4:32 PM

To: Sutton, Lisa; Brachtl, Megan

Cc: Portanova, Mary; Blakley, Pamela

Subject: FW: Minnesota: Final SIP Call: Startup, Shutdown, Malfunction

Attachments: McCabe letter to air directors final SSM SIP call 05-22-15.pdf

Anthony Maietta

EPA Region 5

maietta.anthony@epa.gov

(312) 353

‐ 8777

From: Czerniak, George

Sent: Friday, May 22, 2015 3:30 PM

To: Portanova, Mary; Maietta, Anthony

Subject: FW: Minnesota: Final SIP Call: Startup, Shutdown, Malfunction

From: Czerniak, George

Sent: Friday, May 22, 2015 1:18 PM

To: 'Thornton, J. David (MPCA)'

Subject: Minnesota: Final SIP Call: Startup, Shutdown, Malfunction

David:

This message is a follow

‐ up to my recent phone call notifying you about the final action the EPA Administrator signed

today to ensure States have in place air pollution rules that apply to sources at all times, including when the source is

operating during periods of startup, shutdown, or malfunction (SSM).

This action responds to a Petition for Rulemaking filed by the Sierra Club and WildEarth Guardians concerning the

treatment of excess emissions at industrial facilities during SSM operations, specifically how those emissions are

treated in State Implementation Plan (SIP) provisions that the EPA previously approved. Also, as part of this action,

EPA has revised and clarified its policy concerning SSM provisions consistent with the Clean Air Act.

The EPA is calling for 36 States, including Minnesota, to make changes to their SIPs, to protect public health and ensure

consistency with the Clean Air Act and the EPA’s current SSM Policy. You will have 18 months to submit revisions of

your State plan to EPA. Your revised SIP is due to EPA by November 22, 2016.

As part of our notification to your State about this final SIP call, I have attached to this email a letter from the EPA’s

Acting Assistant Administrator for Air and Radiation, Janet McCabe. To inform you of the details on the final action,

including the specific SIP provisions your State needs to address, we have posted a pre

‐ publication version of the

action on our website at: http://www.epa.gov/airquality/ur banair/sipstatus/emissions.html

.

The EPA will continue to work closely with you to ensure the SIP revision process is as efficient as possible. If you or

your staff have questions, please contact Mary Portanova, portanova.mary@epa.gov

, (312) 353

‐ 5954.2 George

Attachment
---

AMENDMENT AGREEMENT

****    
**THIS AMENDMENT AGREEMENT** (the Agreement) made as of the 1st
day of October, 2007.

BETWEEN:

Albert Friesen, (hereinafter called the
Consultant),

OF THE FIRST PART,

A.D. Friesen Enterprises Ltd., (hereinafter called
Enterprises),

OF THE SECOND PART.

- and -

Medicure Inc., (hereinafter called the
Corporation),

OF THE THIRD PART.

****    
**WHEREAS** the Consultant, Enterprises and the Corporation have
entered into a Consulting Services Agreement (the Consulting Agreement) made
as of the 1st day of October, 2001 and subsequently amended on the
1st day of October, 2003, 1st day of October, 2005, and
1st day of October, 2006;

****    
NOW THEREFORE THIS INDENTURE WITNESSETH that for the sum of $1.00 and
other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged by the parties hereto, the Consultant, Enterprises and the
Corporation covenant and agree with each other as follows:

1. ****
All parties to the Consulting Agreement namely the Consultant, Enterprises and
the Corporation agree to amend section 4 of the Consulting Agreement such that,
effective October 1, 2007, the Corporation shall pay to Enterprises a fee of
$22,916.67 per month plus applicable goods and services tax for services
provided by the Consultant. The Consultant shall also be eligible to receive a
performance bonus based on a calendar year period of up to 30 percent of his
annual salary. This agreement is subject to a term ending on December 31, 2008.
This agreement will automatically renew

---

for a period of one year unless termination notice is given in
writing to the other party at least 30 days prior to expiration.

2. ****
Other than as amended herein all other terms and conditions of the Consulting
Agreement continue in full force and effect.

3. ****
This Agreement shall enure to the benefit of and shall be binding on the parties
hereto and their respective successors and assigns.

4. ****
This Agreement shall be construed in accordance with the laws of Manitoba.

5. ****
The preamble hereto forms an integral part of this Agreement.

6.****
This Agreement may be executed in any number of counterparts, and all such
counterparts shall for all purposes constitute one instrument binding on the
parties hereto even though all the parties are not signatories to the same
counterpart.

IN WITNESS WHEREOF this Agreement has been
executed by the Consultant,

Enterprises and the Corporation as of the day and the year
first above written.

Albert Friesen



Per:
  /s/ Albert Friesen

A.D. Friesen Enterprises Ltd.



Per: /s/ Albert Friesen

Medicure Inc.



Per: /s/ Derek Reimer

Per: /s/ Dawson Reimer

2

---
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.                  

###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

# DATES:

*Date of required notice:*                         November 29, 2024.                    

# FOR FURTHER INFORMATION CONTACT:

Sean C. Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on November 20, 2024, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground Advantage® Contract 767 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2025-461, K2025-458.                

Sean C. Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2024-27925 Filed 11-27-24; 8:45 am]

BILLING CODE 7710-12-P
#### State, Respondent, vs. Onsgard, Appellant.

*February 7*

March *4, 1930.*

The cause was submitted for the appellant on the briefs of *Edward H. Ryan*of Janesville, and for the respondent on that of *George S. Geffs,*special assistant district attorney for Rock county, the *Attorney General,*and /. *E. Messerschmidt,*assistant attorney general.

Stevens, J.

The proof warrants the finding that defendant had forty-eight bottles of beer in his home; that during his absence from the house the son of defendant’s housekeeper sold two bottles of beer to. men who were friends of the defendant who called and asked for beer. Defendant testified that he made this beer for his own use. Both defendant and the boy testified that the defendant had instructed the boy to leave the beer alone.

In order to constitute the offense charged it is not enough to prove possession alone. There must be evidence that will *214establish beyond a reasonable doubt that such possession was for the purpose of sale. The mere fact that" the boy sold beer, contrary to the orders of the defendant, is not sufficient to establish that possession was for the purpose of sale. There is no other proof that is sufficient to meet the burden of establishing that the beer was in defendant’s possession for the purpose of sale.

*By the Court.*— Judgment reversed, and cause remanded for further proceedings.
HomeNRC LibraryDocument CollectionsInspection ManualChange Notices1996

# Change Notice 96-026

IM001

NRC INSPECTION MANUAL PIPB

TRAINING: No special training requirements have been identified for any documents issued with this change notice.

REMARKS: 

**IMC 2630** (Gaseous Diffusion Plant Operational Safety and Safeguards Inspection Program) is issued to support the safety and safeguards inspections at the Gaseous Diffusion Plants.

**TI 2630/001** (Tracking and Closeout of GDP Compliance Plan Issues) is issued to coordinate the activities of the region and headquarters staff in order to ensure that all CP action items are completed at the Gaseous Diffusion Plants in a technically acceptable and timely manner.

**IP 88100** (Plant Operations) is issued to ensure that the certificant's management controls are effective in achieving continued safe operation of the facility.

**IP 88101** (Configuration Control) is issued to conduct performance-based reviews focusing on configuration changes involving dominant risk systems and components.

**IP 88102** (Surveillance Observations) is issued to ascertain by direct observation whether surveillance of safety significant systems and components are being conducted in accordance with TSRs, NCSE/As, and other requirements.

**IP 88103** (Maintenance Observations) is issued to verify that maintenance activities for Q, AQ, and other safety significant structures, systems, and components are being conducted in a manner that results in reliable safe operation of the plant and plant equipment.

**IP 88105** (Management Organization and Controls) is issued to provide guidance in inspecting facility organization, procedure controls, internal reviews and audits, safety committees, and quality assurance programs for gaseous diffusion plants.

DISTRIBUTION: Standard

END

Page Last Reviewed/Updated Thursday, July 02, 2015
**Exhibit31.2**

**CERTIFICATION**

I, John E. Baker, certifythat:

1.             I have reviewed this Amendment No. 1 toAnnual Report on Form 10-KSB of GeM Solutions, Inc. (the “company”);

2.             Based on my knowledge, this report does notcontain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

3.             Based on my knowledge, the financialstatements, and other financial information included in this report, fairlypresent in all material respects the financial condition, results of operationsand cash flows of the company as of, and for, the periods presented in thisreport;

4.             As the company’s sole certifying officer, I amresponsible for establishing and maintaining disclosure controls and procedures(as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the company andhave:

(a)           Designed suchdisclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under my supervision, to ensure that materialinformation relating to the company, including its consolidated subsidiaries,is made known to me by others within those entities, particularly during theperiod in which this report is being prepared;

(b)           Evaluated theeffectiveness of the company’s disclosure controls and procedures and presentedin this report my conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this reportbased on such evaluation; and

(c)           Disclosed in this report any change in thecompany’s internal control over financial reporting that occurred during thecompany’s most recent fiscal quarter (the company’s fourth fiscal quarter inthe case of an annual report) that has materially affected, or is reasonablylikely to materially affect, the company’s internal control over financialreporting.

5.             As the company’s sole certifying officer, Ihave disclosed, based on my most recent evaluation of internal control overfinancial reporting, to the company’s auditors and the audit committee of thecompany’s board of directors (or persons performing the equivalent functions):

(a)           All significant deficiencies and materialweaknesses in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the company’s abilityto record, process, summarize and report financial information; and

(b)           Any fraud, whether or not material, thatinvolves management or other employees who have a significant role in thecompany’s internal control over financial reporting.

 
| Date: February 16, 2007 |
|-------------------------|
|                    |
|                    | /s/ John E.  Baker |   |
|                    | John E. Baker |
|                    | Chief Financial  Officer |

 

----
No. 85-5190.

#### Nurse et al. *v.*Illinois.

App. Ct. Ill., 1st Dist. Motion of petitioners for leave to proceed *in forma paupe-ris*and certiorari granted. Judgment vacated and case remanded for further consideration in light of *Griffith*v. *Kentucky, ante,*p. 314.
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  Annual  report  of  Winsted  Holdings, Inc. (the
"Company")  on  Form 10-KSB for the period ended December 31, 2004 as filed with
the  Securities  and  Exchange  Commission on the date hereof (the "Report"), I,
Mark  Ellis,  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) 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.

     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.

                                  /s/  Mark  Ellis
                                  ----------------------------------------------
                                  Mark Ellis, President, Chief Financial Officer
                                  and Chief Executive Officer
                                  Date:  April 18, 2005


<PAGE>
#### In the Matter of Niagara Mohawk Power Corporation, Appellant, v Town of Tonawanda Assessor et al., Respondents.

[632 NYS2d 53]

Motion to vacate dismissal of appeal denied. Memorandum: No appeal lies from a vacated judgment or order *(see,*10 Carmody-Wait 2d, NY Prac § 70:31, at 50-51). Present — Pine, J. P., Lawton, Wesley, Davis and Boehm, JJ.
<PAGE>

EXHIBIT 32

                            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 BAM! Entertainment, Inc. (the "Company")
on Form 10-K for the year ended June 30, 2003, as filed with the Securities and
Exchange Commission, each of the undersigned, in the capacities and on the date
indicated below, hereby certifies, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his
knowledge:

         (1) The report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934;

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

/s/  Raymond C. Musci
---------------------------
Raymond C. Musci
Chief Executive Officer
(Principal Executive Officer)
September 29, 2003

/s/  Stephen M. Ambler
---------------------------
Stephen M. Ambler
Chief Financial Officer
(Principal Financial and Accounting Officer)
September 29, 2003

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.