alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

                                  ARTICLES OF MERGER
                                          OF
                      PHYSIO-CONTROL INTERNATIONAL CORPORATION
                                    WITH AND INTO
                                NEW PHYSIO CORPORATION


    Pursuant to Section 23B.11.050 of the Washington Business Corporation Act 
(the "ACT"), New Physio Corporation, a Washington corporation (the "SURVIVING 
CORPORATION"), submits these Articles of Merger for filing:

         1.   The Agreement and Plan of Merger is attached hereto and made a
    part as though fully set forth herein.
    
         2.   The approval of the shareholders of Physio-Control International 
    Corporation, a Delaware corporation, was obtained pursuant to Section 252 
    of the General Corporation Law of the State of Delaware.  The approval of 
    the shareholders of Surviving Corporation was obtained pursuant to 
    Section 23B.11.030 of the WBCA.

         3.   The Effective Date, as provided in the Agreement and Plan of
    Merger, for such Merger shall be May 30, 1997.

    Dated: May 20, 1997.

                        NEW PHYSIO CORPORATION
                        a Washington Corporation

                             /s/ V. Marc Droppert
                        By______________________________
                             V. Marc Droppert
                             Secretary
#### Luise S. CRISTIANI, Appellant, v. Daviso R. CRISTIANI, also known as Ruggero D. Cristiani, et al., Appellees.

No. 21481.

United States Court of Appeals Fifth Circuit.

May 7, 1965.

Owen Rice, Jr., William Reece Smith, Jr., Carlton, Fields, Ward Emmanuel, Smith & Cutler, Tampa, Fla., for appel-lees.

Before JONES and WISDOM, Circuit Judges, and BREWSTER, District Judge.

PER CURIAM:

The appellant seeks reversal of an order dismissing her complaint for want of Federal jurisdiction, and. urges that the district court was in error in deciding that Federal jurisdiction was absent and in refusing to allow an amendment. We agree with the district court that the complaint showed an absence of Federal jurisdiction and that the allowance of proposed amendment would not have aided in establishing jurisdiction. Therefore, the judgment of the district court is

Affirmed.
Electronically Filed 

Supreme Court 

SCPW-12-0000128 

26-APR-2012 

11:50 AM 

NO. SCPW-12-0000128
 

IN THE SUPREME COURT OF THE STATE OF HAWAI'I
 

CHRIS GRINDLING, Petitioner,
 

vs.
 

THE HONORABLE JOSEPH E. CARDOZA, JUDGE OF THE CIRCUIT


COURT OF THE SECOND CIRCUIT, STATE OF HAWAI'I, Respondent. 

ORIGINAL PROCEEDING
 

ORDER
 

(By: Recktenwald, C.J., Nakayama, Acoba, Duffy, and McKenna, JJ.)
 

Upon consideration of the motion for reconsideration of
 

the March 30, 2012 order denying the petition for a writ of
 

mandamus,
 

IT IS HEREBY ORDERED that the motion for
 

reconsideration is denied.
 

DATED: Honolulu, Hawai'i, April 26, 2012. 

/s/ Mark E. Recktenwald 

/s/ Paula A. Nakayama 

/s/ Simeon R. Acoba, Jr. 

/s/ James E. Duffy, Jr. 

/s/ Sabrina S. McKenna
```
**Exhibit 32

                           CERTIFICATIONS 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 filing of the Quarterly Report of Headwaters Incorporated
(the "Company") on Form 10-Q for the quarter ended June 30, 2006 (the "Report"),
we, Kirk A. Benson, Chief Executive Officer of the Company, and Scott K.
Sorensen, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002,
that:

         (i)      The Report fully complies with the requirements of section
                  13(a) of the Securities Exchange Act of 1934; and
         (ii)     The information contained in the Report fairly presents, in
                  all material respects, the financial condition and results of
                  operations of the Company.

/s/ Kirk A. Benson    
Kirk A. Benson
Chief Executive Officer
July 27, 2006

/s/ Scott K. Sorensen 
Scott K. Sorensen
Chief Financial Officer
July 27, 2006
```
**Exhibit 32.1**

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

Inconnection with the quarterly report of Pharmaceutical Product Development, Inc. (“PPD”) on Form 10-Q for the period ended September 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the“Report”), I, Fredric N. Eshelman, Chief Executive Officer of PPD, hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge: 

1. The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities 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 PPD as of, andfor, the periods presented in the Report. 

Date: November 7, 2007
# L_2015246EN.01001001.xml

| 23.9.2015 | EN | Official Journal of the European Union | L 246/10 |
| --- | --- | --- | --- |

23.9.2015

EN

Official Journal of the European Union

L 246/10

---

COUNCIL DECISION (EU) 2015/1581

of 18 September 2015

appointing a Danish alternate member of the Committee of the Regions

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal of the Danish Government,

Whereas:

| (1) | On 26 January, on 5 February and on 23 June 2015, the Council adopted Decisions (EU) 2015/116/EU (1), 2015/190/EU (2) and 2015/994/EU (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020. |
| --- | --- |

(1)

On 26 January, on 5 February and on 23 June 2015, the Council adopted Decisions (EU) 2015/116/EU (1), 2015/190/EU (2) and 2015/994/EU (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

| (2) | An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Ms Lotte CEDERSKJOLD ENGSIG-KARUP, |
| --- | --- |

(2)

An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Ms Lotte CEDERSKJOLD ENGSIG-KARUP,

HAS ADOPTED THIS DECISION:

Article 1

The following is hereby appointed as alternate member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

| — | Mr Steen BORDING ANDERSEN, Aarhus City Council Member |
| --- | --- |

—

Mr Steen BORDING ANDERSEN, Aarhus City Council Member

Article 2

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

Done at Brussels, 18 September 2015.

For the Council

The President

C. DIESCHBOURG

---

(1)  
  OJ L 20, 27.1.2015, p. 42.

1

(2)  
  OJ L 31, 7.2.2015, p. 25.

2

(3)  
  OJ L 159, 25.6.2015, p. 70.

3

---
CERTIFICATION PURSUANT TO

     18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT 0F 2002

     In connection with the Annual Report of Valde Connections, Inc. (the "Company") on Form 10-KSB for the period ending December 31, 2002, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Stephen W. Carnes, President, Director and Principal Accounting Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1)

The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(2)

The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.

\s\          Stephen W. CarnesStephen W. CarnesPresident

March 27, 2003

----
#### State ex rel. National Cheese Producers Federation, Petitioner, vs. Foley, Circuit Judge, Respondent.

*October 14*

November *9, 1932.*

For the petitioner there was a brief by *Gilbert, Ela, Heil-man & Raeder*of Madison, and oral argument by *E. Bttr-gess Ela.*

For the respondent the cause was submitted on the brief of *W. T. Boar*of New Richmond.

Fowler, J.

The governing facts in this case are identical with those involved in *State ex rel. National Cheese Producers Federation v. W. R. Foley,*judge of the circuit court for Polk county, decided herewith *(ante,*p. 471, 245 N. W. 107). For the reasons stated in the opinion in that case the petition is dismissed.
On respondent’s petition for attorney fee filed June 29,

attorney fee allowed September 14, 1983

#### In the Matter of the Compensation of Terry L. Bond, Claimant. STATE ACCIDENT INSURANCE FUND CORPORATION, Petitioner, *v.*BOND, *Respondent.*

(81-01288 and 81-04848; CA A27713)

669 P2d 332

Paul J. Lipscomb, P.C., Salem, appeared for the petition.

Darrell E. Bewley, Appellate Counsel, State Accident Insurance Fund Corporation, Salem, appeared contra.

Before Warden, Presiding Judge, and Van Hoomissen and Young, Judges.

PER CURIAM

*506PER CURIAM

After insurer appealed the decision of the Workers’ Compensation Board in this case, insurer failed timely to file a brief. Thereafter, on insurer’s motion, we dismissed the appeal. Claimant seeks award of an attorney fee for his attorney’s services before the appeal was dismissed.

Insurer contends that attorney fees are not authorized because in an insurer-initiated appeal claimant is entitled to fees only when the fact-finder finds that the compensation should not be disallowed or reduced. ORS 656.382(2). Insurer argues that because the appeal was dismissed, this court made no finding to that effect.

Generally, the Workers’ Compensation Act should be interpreted in a light most favorable to the worker. *Coombs v. SAIF,*39 Or App 293, 300, 592 P2d 242 (1979). One of the objectives of the Workers’ Compensation Act is:

> “To provide a fair and just administrative system for delivery of medical and financial benefits to injured workers that reduces litigation and eliminates the adversary nature of the compensation proceedings, to the greatest extent practicable.” ORS 656.012(2) (b).

In determining legislative intent, a literal reading of a statute should be avoided when to do so would do violence to an obvious legislative purpose. *See Coombs v. SAIF, supra.*

In interpreting ORS 656.382(2), we look to the history and purpose of the statute, *Teel v. Weyerhaeuser Co.,*294 Or 588, 591, 660 P2d 155 (1983), *i.e.,*to discourage harassing or wearing down a claimant through overzealous use of the appeals process. *See Bracke v. Baza’r,*294 Or 483, 658 Pd 1158 (1983). As claimant correctly observes, an insurer could appeal, file a brief and argue the case, forcing the claimant to defend an award, and then have its appeal dismissed before we had an opportunity to “find” that compensation should not be reduced or disallowed.

It is implicit in our granting of a motion to dismiss an insurer-initiated appeal that claimant’s compensation should not be reduced or disallowed. We hold that, in enacting ORS 656.382(2), the legislature intended that a claimant receive a *507reasonable attorney’s fee paid by the employer or insurer when claimant prevails, whether on the merits or because the appeal is dismissed, because the result is the same. Our holding comports with the legislative purpose stated in ORS 656.012(2) (b).

$290 attorney fee allowed.
HomeNRC LibraryDocument CollectionsNUREG-Series PublicationsPublications Prepared by NRC Contractors

# Field Studies for Estimating Uncertainties in Ground-Water Recharge Using Near-Continuous Peizometer Data (NUREG/CR-6729)

On this page:
        - Publication Information
        - Abstract

Download complete document
        - NUREG/CR-6729 (PDF 4.07 MB)

## Publication Information

**Manuscript Completed:** June 2001**Date Published:** July 2001

**Prepared by:** D. Timlin, J. Starr, USDA R. Cady, T. Nicholson, NRC

U.S. Department of Agriculture Agricultural Research Service Beltsville Agricultural Research Center Beltsville, MD 20705-2350

T.J. Nicholson, NRC Project Manager

**Prepared for:** Division of Systems Analysis and Regulatory Effectiveness Office of Nuclear Regulatory Research U.S. Nuclear Regulatory Commission****Washington, DC 20555-0001

NRC Job Code K6892

Availability Notice

## Abstract

This study investigated uncertainties in ground-water recharge estimates using real-time, near-continuous piezometer data [six piezometers instrumented with automated pressure transducers at 10-minute measurement intervals]. Analytical and numerical methods were used to compare ground-water recharge estimates. These methods included: (1) time-series analyses of hydrographs, (2) steady-state estimates using meteorological data only, and (3) the PNNL water budget model. The time-series analysis methods included: (1) *sum of positive changes in piezometric heads*; (2) *piezometric head changes corrected for hydrograph recession*; and (3) *variations in rainfall input*. The density of the data allowed for several estimates of recession coefficients and specific yields for each piezometer location. Higher estimates of ground-water recharge were obtained using realtime, near-continuous piezometer data than estimates derived strictly from meteorological data. This observation was also true for comparison with the water-balance method (PNNL model). Taking into account errors introduced by estimating the recession coefficients, the *sum of positive changes in head* is the most appropriate approach for estimating recharge at this site. For all the time-series methods, the variation in specific yield contributes to the uncertainty of ground-water recharge estimates on the order of 10 to 100%. The spatial variability in ground-water recharge was also a large contributor to uncertainty. The real-time, near-continuous piezometer data showed a very rapid response (e.g. < 20 minutes) in the shallow water table to rainfall events over short time intervals, and verified the occurrence of significant episodic recharge. Uncertainty in characterizing site behavior can be reduced by utilizing a network of measuring devices to capture the spatial variability inherent in this dynamic process.

Page Last Reviewed/Updated Wednesday, March 24, 2021
---

April 28, 2003



Dear Mr. Dubé:

Re: Amendment of Consulting Services Agreement (the Agreement)

This letter, once executed, will constitute an amendment to the Agreement
  dated March 28, 2002. The original wording of Section 3.2 and 3.3 of the Agreement
  is hereby replaced with the following:

> "In consideration of the Consultant providing the services required of it
>     under the terms of this Agreement, the Corporation shall pay to the Consultant
>     a fee of $3,000 per month (the "Fee") together with GST payable thereon. In
>     addition, the Corporation will allow the Consultant to retain the existing
>     140,000 stock options that have been granted subject to the terms of a stock
>     option agreement. No additional options will be granted during the Term. The
>     Fee shall be paid on the last day of each month during the Term hereof.

All other terms, covenants and conditions remain in force in accordance with the original agreement as dated March 28, 2002

Upon execution of the agreement, please return one original to our office and retain the other for your files.

Best Regards,

_______________________________
  Albert D. Friesen 
  President






---
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 01-7020

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

OBED HOYTE,

Defendant - Appellant.

Appeal from the United States District Court for the Western

District of Virginia, at Charlottesville. Henry C. Morgan, Jr.,

District Judge, sitting by designation. (CR-93-10)

Submitted: November 8, 2001 Decided: November 16, 2001

Before WILKINS, MICHAEL, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Obed Hoyte, Appellant Pro Se. Ruth Elizabeth Plagenhoef, Assistant

United States Attorney, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
* In his informal brief, Hoyte states he filed an amendment to

his § 2255 motion prior to the district court’s decision in this

matter which was not considered by the district judge rendering the

decision on the original § 2255 motion, but rather by a different

judge who construed it as a new § 2255 motion and dismissed it as

untimely. Because it is clear that the additional claims Hoyte

sought to raise by way of amendment were, like the claims raised in

the original motion, clearly barred by the one-year statute of

limitations in the Antiterrorism and Effective Death Penalty Act of

1996, Pub. L. No. 104-132, § § 105, 110 Stat. 1214, 1220 (amending

28 U.S.C. § 2255), the fact the judge in this matter failed to

consider those claims as part of this matter does not constitute

error.

2

PER CURIAM:

Obed Hoyte seeks to appeal the district court’s order denying

his motion filed under 28 U.S.C.A. § 2255 (West Supp. 2001). We

have reviewed the record and the district court’s opinion and find

no reversible error.* Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district

court. United States v. Hoyte, No. CR-93-10 (W.D. Va. May 21,

2001). 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
In the Senate of the United States, 

November 28, 2017. 

Resolved, That the bill from the House of Representatives (H.R. 1892) entitled ‘‘An Act to amend title 4, United 

States Code, to provide for the flying of the flag at half-staff 

in the event of the death of a first responder in the line of 

duty.’’, do pass with the following 

AMENDMENT: 

On page 3, line 6 through 8, strike ø‘‘section 1204 

of the Omnibus Crime Control and Safe Streets Act of 

1968 (42 U.S.C. 3796b)’’¿ and insert ‘‘section 1204 of 

title I of the Omnibus Crime Control and Safe Streets Act 

of 1968 (34 U.S.C. 10284)’’. 

Attest: 

Secretary. 
115TH CONGRESS 

1ST SESSION H.R. 1892 

AMENDMENT
[Federal Register Volume 80, Number 18 (Wednesday, January 28, 2015)]
[Notices]
[Page 4574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01543]


-----------------------------------------------------------------------

FEDERAL RESERVE SYSTEM


Change in Bank Control Notices; Acquisitions of Shares of a Bank 
or Bank Holding Company

    The notificants listed below have applied under the Change in Bank 
Control Act (12 U.S.C. 1817(j)) and Sec.  225.41 of the Board's 
Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank 
holding company. The factors that are considered in acting on the 
notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).
    The notices are available for immediate inspection at the Federal 
Reserve Bank indicated. The notices also will be available for 
inspection at the offices of the Board of Governors. Interested persons 
may express their views in writing to the Reserve Bank indicated for 
that notice or to the offices of the Board of Governors. Comments must 
be received not later than February 12, 2015.
    A. Federal Reserve Bank of Richmond (Adam M. Drimer, Assistant Vice 
President) 701 East Byrd Street, Richmond, Virginia 23261-4528:
    1. Richard T. Spurzem, Charlottesville, Virginia; to acquire voting 
shares of Blue Ridge Bankshares, Inc., and thereby indirectly acquire 
voting shares of Blue Ridge Bank, Inc., both in Luray, Virginia.
    B. Federal Reserve Bank of St. Louis (Yvonne Sparks, Community 
Development Officer) P.O. Box 442, St. Louis, Missouri 63166-2034:
    1. SABCO Irrevocable Stock Ownership Trust, with Guy Richard Smith 
and Raymond Tracy Fox as co-trustees, all of Hot Springs Arkansas; to 
acquire voting shares of Smith Associated Banking Corporation, Hot 
Springs, Arkansas, and thereby indirectly acquire voting shares of Bank 
of Salem, Salem, Arkansas, and Security Bank, Stephens, Arkansas.
    C. Federal Reserve Bank of Kansas City (Dennis Denney, Assistant 
Vice President) 1 Memorial Drive, Kansas City, Missouri 64198-0001:
    1. John Creighton, Longmont, Colorado, individually and as trustee 
of High Plains Banking Group, Inc. KSOP; T. Rick Newton and Frederick 
Newton, both of Snowmass, Colorado; Landon Newton, Somerville, 
Massachusetts; and Betty Mickey, Fort Collins, Colorado; all to become 
members of the Creighton Family Group acting in concert, to acquire 
voting shares of High Plains Banking Group, Inc., and thereby 
indirectly acquire voting shares of High Plains Bank, both in Flagler, 
Colorado.

    Board of Governors of the Federal Reserve System, January 23, 
2015.
Margaret McCloskey Shanks,
Deputy Secretary of the Board.
[FR Doc. 2015-01543 Filed 1-27-15; 8:45 am]
BILLING CODE 6210-01-P
<TABLE> <S> <C>

<ARTICLE>                     5
       
<S>                           <C>
<PERIOD-TYPE>                  9-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-END>                                   SEP-30-1997
<CASH>                                           9,322,000
<SECURITIES>                                             0
<RECEIVABLES>                                    2,360,000
<ALLOWANCES>                                       100,000
<INVENTORY>                                     10,165,000
<CURRENT-ASSETS>                                21,917,000
<PP&E>                                           1,839,000
<DEPRECIATION>                                     825,000
<TOTAL-ASSETS>                                  25,069,000
<CURRENT-LIABILITIES>                            2,681,000
<BONDS>                                         18,779,000
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                           342,000
<OTHER-SE>                                       3,267,000
<TOTAL-LIABILITY-AND-EQUITY>                    25,069,000
<SALES>                                          8,444,000
<TOTAL-REVENUES>                                 8,444,000
<CGS>                                            5,136,000
<TOTAL-COSTS>                                    5,136,000
<OTHER-EXPENSES>                                 2,428,000
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                               1,249,000
<INCOME-PRETAX>                                   (369,000)
<INCOME-TAX>                                         7,000
<INCOME-CONTINUING>                               (376,000)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                      (376,000)
<EPS-PRIMARY>                                         (.18)
<EPS-DILUTED>                                         (.18)
        

</TABLE>