alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 63, Number 105 (Tuesday, June 2, 1998)]
[Notices]
[Page 29974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14556]


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

COMMISSION ON CIVIL RIGHTS


Agenda and Notice of Public Meeting of the West Virginia Advisory 
Committee

    Notice is hereby given, pursuant to the provisions of the rules and 
regulations of the U.S. Commission on Civil Rights, that a meeting of 
the West Virginia Advisory Committee to the Commission will convene at 
12:45 p.m. and adjourn at 4:30 p.m. on June 17, 1998, at the Governor's 
Conference Room, State Capitol Building, 1900 Kanawha Boulevard East, 
Charleston, West Virginia 25305. The purpose of the meeting is to 
review a draft proposal, continue planning for a future series of 
statewide forums on selected civil rights topics in West Virginia, and 
discuss the Committee's presentation at the State civil rights summit 
in fall 1998.
    Persons desiring additional information, or planning a presentation 
to the Committee, should contact Committee Chairperson Gregory T. 
Hinton, 304-367-4244, or Ki-Taek Chun, Director of the Eastern Regional 
Office, 202-376-7533 (TDD 202-376-8116). Hearing-impaired persons who 
will attend the meeting and require the services of a sign language 
interpreter should contact the Regional Office at least ten (10) 
working days before the scheduled date of the meeting.
    The meeting will be conducted pursuant to the provisions of the 
rules and regulations of the Commission.

    Dated at Washington, DC, May 26, 1998.
Carol-Lee Hurley,
Chief, Regional Programs Coordination Unit.
[FR Doc. 98-14556 Filed 6-1-98; 8:45 am]
BILLING CODE 6335-01-P
#### Mulberry Development LLC, Respondent, v Peak Performance NYC, LLC, et al., Appellants.

[50 NYS3d 67]

Order, Supreme Court, New York County (Robert R. Reed, J.), entered November 18, 2016, which denied defendants’ motion for partial summary judgment discharging a mechanic’s lien as wilfully exaggerated, unanimously affirmed, without costs.

Defendants’ motion was properly denied since they failed to establish that the mechanic’s lien filed by plaintiff was willfully exaggerated *(see*Lien Law § 39-a; *On the Level Enters., Inc. v 49 E. Houston LLC,*104 AD3d 500 [1st Dept 2013]; *compare Strongback Corp. v N.E.D. Cambridge Ave. Dev. Corp.,*25 AD3d 392 [1st Dept 2006]). Inclusion of allegedly outstanding retainage fees was supported by the terms of the contract providing that 10 *%*of all invoices would be retained until completion of the job. Furthermore, although, after the lien was filed, defendants paid some subcontractors directly, that does not render the lien retroactively exaggerated. We decline to adopt defendants’ interpretation of Lien Law § 12-a as providing for an affirmative continuing duty on the part of the lienholder to amend the lien to reflect subsequent payments, or *584else be subject to a finding of willful exaggeration under Lien Law § 39-a.

We have considered defendants’ remaining contentions and find them unavailing.

Concur — Sweeny, J.P., Richter, Moskow-itz, Feinman and Gische, JJ.
**Exhibit 99.1**

 

**Certification of CEO Pursuant to**

**18 U.S.C. Section 1350,**

**As Adopted Pursuant to**

**Section 906 of the Sarbanes-Oxley Act of2002**

 

In connection with the Annual Report ofMetro-Goldwyn-Mayer Inc. (the “Company”) on Form 10-K for the year ended December 31, 2002 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Alex Yemenidjian, Chief Executive Officer ofthe Company, 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 my knowledge, that: 

 

(1)  The Report fully complies with the requirements of Section 13(a) of the Securities ExchangeAct of 1934; and 

 

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

 

February 7, 2003
```
[Federal Register Volume 63, Number 99 (Friday, May 22, 1998)]
[Notices]
[Page 28384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13761]

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

FEDERAL EMERGENCY MANAGEMENT AGENCY

[FEMA-1216-DR]

Kentucky; Amendment #2 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster for the 
State of Kentucky, (FEMA-1216-DR), dated April 29, 1998, and related 
determinations.

EFFECTIVE DATE: May 13, 1998.

FOR FURTHER INFORMATION CONTACT: Madge Dale, Response and Recovery 
Directorate, Federal Emergency Management Agency, Washington, DC 20472, 
(202) 646-3260.

SUPPLEMENTARY INFORMATION: The notice of a major disaster for the State 
of Kentucky, is hereby amended to include following areas among those 
determined to have been adversely affected by the catastrophe declared 
a major disaster by the President in his declaration of April 29, 1998:

    The counties of Breathitt, Johnson, Lee, Letcher, and Magoffin 
for Public Assistance.
    The county of Pike for Individual Assistance.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) 
are to be used for reporting and drawing funds: 83.537, Community 
Disaster Loans; 83.538, Cora Brown Fund Program; 83.539, Crisis 
Counseling; 83.540, Disaster Legal Services Program; 83.541, 
Disaster Unemployment Assistance (DUA); 83.542, Fire Suppression 
Assistance; 83.543, Individual and Family Grant (IFG) Program; 
83.544, Public Assistance Grants; 83.545, Disaster Housing Program; 
83.548, Hazard Mitigation Grant Program)
Dennis H. Kwiatkowski,
Deputy Associate Director, Response and Recovery Directorate.
[FR Doc. 98-13761 Filed 5-21-98; 8:45 am]
BILLING CODE 6718-02-P
```
No. 11-1545.

No. 11-1547.

#### City of Arlington, Texas, et al. *v.*Federal Communications Commission et al.; and Cable, Telecommunications, and Technology Committee of the New Orleans City Council *v.*Federal Communications Commission et al.

C. A. 5th Cir. [Certiorari granted, *ante,*p. 936.] Motion of respondent Célico Partnership, dba Verizon Wireless, for divided argument denied. Motion of petitioner Cable, Telecommunications, and Technology Committee of the New Orleans City Council for divided argument denied.
Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Elizabeth A. Weaver

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway, Justices

I, Corbin R. Davis, 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. 

 _________________________________________ 

 Clerk

June 3, 2010 

d0526 

Order 

 

June 3, 2010 

140065 

CAROLE LEE VYLETEL-RIVARD, 

Plaintiff-Appellee, 

v SC: 140065 

 COA: 285210 

Wayne CC: 05-534743-DM 

GREGORY T. RIVARD, 

Defendant-Appellant. 

_________________________________________/ 

 On order of the Court, the application for leave to appeal the October 15, 2009 

judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall 

address whether the Court of Appeals correctly held that: (1) MCL 600.5078(1) and (3) 

contemplate no more than two arbitration awards (the initial written award and any 

modified award following a motion to correct errors and omissions); (2) MCL 

600.5078(3) does not permit the filing of more than one motion to correct errors and 

omissions; and (3) the defendant’s motion to vacate the December 7, 2007 award was 

untimely. 

 The Family Law Section of the State Bar of Michigan and the Michigan Chapter 

of the American Academy of Matrimonial Lawyers are invited to file briefs amicus 

curiae. Other persons or groups interested in the determination of the issues presented in 

this case may move the Court for permission to file briefs amicus curiae.
#### Oorah, Inc., Doing Business as Cucumber Communications, Appellant, v Covista Communications, Inc., Respondent.

[52 NYS3d 347]

Judgment, Supreme Court, New York County (Eileen Bransten, J.), entered September 1, 2016, awarding a sum of money to defendant, unanimously reversed, on the law, with costs, defendant’s motion for summary judgment on its breach of contract counterclaim denied, and plaintiff’s motion for sum*553mary judgment dismissing the counterclaim granted. Appeal from order, same court and Justice, entered on or about August 23, 2016, deciding the parties’ motions, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Defendant counterclaimed for breach of the provision of the parties’ “Reseller Agreement” that required plaintiff, as reseller of defendant’s telecommunications services, to purchase a minimum amount of services from defendant each month or pay for the shortfall. Contrary to the motion court’s determination, we conclude that the Reseller Agreement, executed in 2001, was superseded by the parties’ 2004 “Independent Authorized Master Agent Agreement” (Agent Agreement), which covers the same subject matter and contains a provision that conflicts with the provision in the Reseller Agreement that defendant claims was breached. Therefore, the counterclaim must be dismissed.

The merger clause in the Agent Agreement provides, in pertinent part, “This Agreement . . . constitutes the entire agreement between the parties relating to the subject matter hereunder, and supersedes any and all oral and/or written statements, discussions, representations and agreements made by either party to the other.” While the agreements differ as to the nature of the relationship between the parties, i.e., plaintiff went from being a reseller of defendant’s services to defendant’s agent, the subject matter of both agreements is the telecommunications services provided by defendant, specifically, those available through the Simplicity 2001 product offering.

Both agreements provide for plaintiff to be compensated through commissions. However, there are differences in the pertinent provisions. Under the Reseller Agreement, commissions are based on the difference between plaintiff’s “buy” prices and end-user retail pricing; as indicated, plaintiff is required to purchase a minimum amount of services each month or pay defendant for the shortfall. Under the Agent Agreement, commissions are calculated as a percentage of the retail rate; plaintiff is not required to make a minimum purchase, but defendant has the right to terminate the contract if the customers that plaintiff introduces to it do not purchase certain minimums, and the Agreement expressly states that it does not matter whether those customers were introduced under the Reseller Agreement. Given these conflicting provisions, those in the Reseller Agreement were replaced when the Agent Agreement, with its unambiguous merger clause, was executed.

Concur — Friedman, J.R, Renwick, Moskowitz, Fein-*554man and Kapnick, JJ.
# National Disability Awareness Month Spotlight: Angie Shannon

/ Published Oct. 18, 2019
Fort Belvoir, Virginia, 
*Editor’s Note: The Defense Logistics Agency recognizes National Disability Awareness Month throughout October. To honor the contributions of employees with disabilities, DLA is highlighting those who work daily to support the agency’s global mission.*

**My name is:** Angie Shannon

**I am:** A visual information specialist at the DLA Installation Management’s Multimedia Division at Fort Belvoir, Virginia

**Describe your job in a sentence:** I design materials such as posters, programs, brochures, pamphlets and exhibit displays to support events and programs for DLA and tenant agencies located in the McNamara Headquarters Complex.

**How long have you worked at DLA?** 28 years

**What is your favorite thing about working for DLA?**DLA promotes a diverse and inclusive workplace where I have the potential and support to thrive. Accommodations such as American Sign Language interpreters and videophones are provided by DLA, plus a wellness plan to help employees balance work and home.

**How do you make a difference?** At DLA, I try to make a difference in my artwork and to meet all the needs required by DLA customers so they can succeed too. This year, I participated in a new partnership between DLA and Gallaudet University that commits, builds and sustains Defense Department leadership support to hiring disabled employees. The partnership also increases marketing, outreach and awareness activities.

**Why is it important to you we celebrate Disability Awareness Month?**The awareness month helps to break social barriers to allow a better, wholesome approach to inclusion of people with disabilities in our workforce.
No. 12-7950.

#### White *v.*Ohio.

Sup. Ct. Ohio. Certiorari denied.
Dear Mr

. Justen :

This letter is to inform you that the following information is missing fro m your petition (Docket No. FAA−2015

− 4788 )

. This information is necessary for the Federal Aviation Administration (FAA) to process your petition.

 Describe the aircraft make (s) , model (s) , and type(s)(i.e. , fixed

- wing, rotorcraft, lighter

- than

- air) for the proposed UAS operation. The description (s) should include the maximum weight ( including payload)

. This information can be located in the aircraft manual(s).
Please submit the additional information (non

- proprietary) to y our docket at www.regulations.gov

. Once your information has been submitted, p lease also send a copy of the requested information (and any proprietary information ), as well as your comment tracking number from regulations.gov via e

- mail to 333exemptions@faa.gov

. If you want us to process your request any further, we must receive the information described above by 1/4/16 . I f we do not receive the information , we will close the dock et without notifying you further. If you have any questions, please feel free to contact me at (202) 267

– 4549

. Sincerely, /S/ Michael J. Cameron Pr ogram Analyst
No. 12-7119.

#### Mendoza *v.*United States.

C. A. 9th Cir. Certiorari denied.
2017-1579.

#### State v. Braden.

Franklin App. No. 17AP-48, 2017-0hio-7903. On review of an order certifying a conflict. The court determines that a conflict exists. The parties are ordered to brief the issue stated at paragraph 4 of the court of appeals’ entry filed November 2, 2017: “Does a trial court have jurisdiction, pursuant to the current version of R.C. 2947.23(C), to waive, modify or suspend court costs for those cases in which the defendant’s conviction and sentence became final prior to the enactment of R.C. 2947.23(C)?”

The conflict cases are *State v. Powell,*2d Dist. Montgomery No. 24433, 2014-Ohio-3842, *State v.*
      *1524
      *Chase,*2d Dist. Montgomery No. 26238, 2015-Ohio-545, *State v. Price,*8th Dist. Cuyahoga No. 102987, 2015-Ohio-4592, and *State v. Bacote,*8th Dist. Cuyahoga No. 102991, 2015-Ohio-5268.

The clerk shall issue an order for the transmittal of the record from the Court of Appeals for Franklin County.

Sua sponte, cause consolidated with 2017-1609, State *v. Braden,*and briefing in Nos. 2017-1579 and 2017-1609 shall be consolidated. The parties shall file two originals of each of the briefs permitted under S.Ct.Prac.R. 16.02 through 16.04 and include both case numbers on the cover page of the briefs. The parties shall otherwise comply with the requirements of S.Ct.Prac.R. 16.01 through 16.04.

O’Donnell and O’Neill, JJ., not participating.
2017-0228.

#### Scaglione v. Cuyahoga Cty. Bd. of Revision.

Board of Tax Appeals, Nos. 2016-532, 2016-533, 2016-536, 2016-1331, and 2016-1335. This case is returned to the regular docket under S.Ct.Prac.R. 19.01. The appellant shall file a brief within 40 days, and the parties shall otherwise proceed in accordance with S.Ct.Prac.R. 16.02 through 16.07. As provided in S.Ct.Prac.R. 16.07, the court may dismiss the case or take other action if the parties fail to timely file merit briefs.
EXHIBIT 32.2



CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350



In connection with the accompanying Form 10-K of IMPAC Medical Systems, Inc. for the fiscal year ended September 30, 2003 (the Report), I, Kendra A. Borrego, Chief Financial Officer of IMPAC Medical
Systems, Inc., hereby certify pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:



|(1) | such 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 such Report fairly presents, in all material respects, the financial condition and results of operations of IMPAC Medical Systems, Inc.
|--- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------



This written statement is being furnished to the Securities and
Exchange commission as an exhibit to such Form 10-K.





|November 21, 2003 |  |  |  | /s/    KENDRA A.
BORREGO
|----------------- |  |  |  | ------------------------
|                  |  |  |  |                         
|                  |  |  |  |
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial  information extracted from JWH "Global
Trust for the year ended  December 31, 1999 and is qualified in its entirety by"
reference to such 10-Q.
</LEGEND>
<CIK>  0001027099
<NAME> JWH Global Trust

<S>                             <C>
<PERIOD-TYPE>                   12-mos
<FISCAL-YEAR-END>                              Dec-31-1999
<PERIOD-END>                                   Dec-31-1999
<CASH>                                         88915899
<SECURITIES>                                   0
<RECEIVABLES>                                  696453
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               89612352
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 89612352
<CURRENT-LIABILITIES>                          4442486
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     85169866
<TOTAL-LIABILITY-AND-EQUITY>                   89612352
<SALES>                                        0
<TOTAL-REVENUES>                               2338977
<CGS>                                          0
<TOTAL-COSTS>                                  115610069
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                (9222092)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (9222092)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (9222092)
<EPS-BASIC>                                    (10.89)
<EPS-DILUTED>                                  (10.89)



</TABLE>
# Hispanic Heritage Month Spotlight: Raul Garcia

/ Published Oct. 10, 2019

*Editor’s Note: Defense Logistics Agency Energy recognizes Hispanic Heritage Month Sept. 15 through Oct. 15. In honor of Hispanics’ contributions to the agency’s global mission, DLA Energy Public Affairs is highlighting Hispanic Americans who work daily to provide logistics support to America’s Warfighters.*

**My name is:** Raul Garcia

**I am**: A customer account specialist at DLA Energy Americas East.

**Describe your job in a sentence**: My job entails helping the Warfighter obtain fuel for their missions in a timely manner. This is the best job I’ve ever had.

**How long have you worked at DLA Energy?** I have been working at DLA Energy for nearly eight years.

**What is your favorite thing about working for DLA?** My favorite thing is being part of an organization with such a large footprint making positive, impactful contributions for our Warfighters.

**What are your best memories of working here?** My best memory is being part of the humanitarian effort supporting Puerto Rico during the 2017 Hurricane Season. I’m originally from Puerto Rico and currently have family there. Being part of the FEMA/DLA Mission to assist my family, friends and community made it that much more satisfying. 

**What is one thing you'd like others to know about your heritage?** Hispanics have made remarkable contributions in building and defending this nation. As of September 2018, 136,000 Hispanic Soldiers serve in the U.S. Army, composing 13.8% of its force.

**Why is it important to you that we celebrate Hispanic Heritage Month?** We need to educate and enlighten the public about all the amazing contributions Hispanic/Latinos have made to this country!
* Pursuant to 5TH CIR. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

October 25, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-40863

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

VICTOR DANIEL HERNANDEZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 2:93-CR-212-2

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

Before JOLLY, DeMOSS, and STEWART, Circuit Judges. 

PER CURIAM:*

Counsel appointed to represent Victor Daniel Hernandez on

appeal from the revocation of his term of supervised release has

moved for leave to withdraw and has filed a brief as is required

by Anders v. California, 386 U.S. 738 (1967). Hernandez has not

responded to counsel’s motion.

Our independent review of the brief filed by counsel and of

the record discloses no nonfrivolous issue for appeal. Counsel’s

motion for leave to withdraw is GRANTED, counsel is excused
No. 04-40863

-2-

from further responsibilities, and the appeal is DISMISSED. 

See 5TH CIR. R. 42.2.
<PAGE>

                                                                    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

I, Rose Frawert, Principal Financial and Accounting Officer of Mid-State
Raceway, Inc. and Subsidiary (the "Company"), certify, pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

(1) the Quarterly Report on Form 10-Q of the Company for the quarter ended June
30, 2002 (the "Report") fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934, as amended (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 results of operations of the Company.


Date: January 10, 2004
/s/ Rose Frawert
Rose Frawert
Principal Financial and Accounting Officer