alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
44 Canal Center Plaza ▪ Suite 310 ▪ Alexandria, Virginia 22314 ▪ Tel: (703) 684

- 0084 ▪ Fax: (703) 684

- 0427

VIA E

- MAIL AND OVERNIGHT MAIL

September 19 , 201 3

Ms. Susan Fairchild

Sector Policies and Programs Division

Metals and Minerals Group (D243

- 02)

Office of Air Quality Planning and Standards

U.S. Environmental Protection Agency

4930 Old Page Road

Durham, NC 27703

RE: EPA’s Draft Work Practice Standards For HF and HCl Emissions From Wool

Fiberglass Melting Furnaces

Dear Ms. Fairchild:

NAIMA greatly appreciates the opportunity to provide comments on the attached “Draft Work

Practice Standards f

or HF and HCl Emissions f rom Wool Fiberglass Melting Furnaces.” The

attached document and accompanying redlined document convey NAIMA’s comments.

Thro ughout the document, NAIMA has eliminated the use of the word “e

- glass

, ” which in EPA’s

draft seems to have referenced glass from electronics. “E

- glass” is a n industry term of art used

to describe a specific glass type in the continuous filament fiber gla ss industry which was

originally developed for military uses, but e

- glass is not the type of glass used at facilities subject

to NNN in the production of wool fiber glass.

Please note that there are some instances where a small amount of fluoride is included in the

glass formulation used to produce wool fiber glass. Test results on melters using fluoride in the

glass chemistry at locations subject to NNN were similar for HF to results for other HF tests in

the ICR process, and in no event exceeded a 0.25 ton per year emission rate.

In addition, the rolling average referenced in the revised work practice needs to be a flexible

average simply because the companies do not test monthly. Th e average referenced in the work

practice will likely be based in multiple tests, but not monthly tests.

Please contact me if you have any questions.

Sincerely,

Angus E. Crane

Executive Vice President, General Counsel

AttachmentsMs . Susan Fairchild

September 19 , 2013

Page 2

cc: Mr. Keith W. Barnett

Group Leader, Office of Air Quality and Planning Standards

Sector Policies and Programs Division, Mineral and Manufacturing Group

U.S. Environmental Protection Agency

4930 Old Page Road

Durham, NC 27703
#### People v Diaz

2d Dept: 139 AD3d 871 (Queens)

denied 8/2/16 (Abdus-Salaam, J.)
103D CONGRESS

2D SESSION S. 2466

AN ACT

To amend the Energy Policy and Conservation Act

effectively, and for other purposes.to manage the Strategic Petroleum Reserve more
103D CONGRESS

2D SESSION S. 2466

AN ACT

To amend the Energy Policy and Conservation Act to manage the Strategic Petroleum Reserve more effectively,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That this Act may be cited as the ‘‘Energy Policy and

4 Conservation Act Amendments Act of 1994’’.
2

S 2466 ES

1 TITLE I—ENERGY POLICY AND

2 CONSERVATION

3 SEC. 101. SHORT TITLE.

4 This title may be cited as the ‘‘Energy Policy and

5 Conservation Act Amendments of 1994’’.

6 SEC. 102. TITLE I AMENDMENTS.

7 Part D of title I of the Energy Policy and Conserva8 tion Act is amended in section 181 (42 U.S.C. 6251), by

9 striking ‘‘September 30, 1994’’ each time it appears and

10 inserting ‘‘June 30, 1996’’.

11 SEC. 103. TITLE II AMENDMENTS.

12 Part D of title II of the Energy Policy and Conserva13 tion Act is amended in section 281 (42 U.S.C. 6285), by

14 striking ‘‘September 30, 1994’’ each time it appears and

15 inserting ‘‘June 30, 1996’’.

Passed the Senate September 30 (legislative day,

September 12), 1994.

Attest:

Secretary.
# DLA acquisition director encourages Philly workforce to be resilient

/ Published June 16, 2016
PHILADELPHIA, 
The Defense Logistics Agency’s senior acquisition executive declared in Philadelphia June 10 that procurement is a team sport and it takes the whole acquisition workforce to meet warfighters’ needs.

DLA Acquisition Director Matthew Beebe spoke to the DLA Troop Support acquisition workforce during a town hall about his expectations of them to provide support solutions. He said it was important for them to continue to align their work with Better Buying Power and the DLA Strategic Plan.

“If you read the DLA Strategic Plan, it’s based on Better Buying Power,” Beebe said. “If you look at what the federal government is trying to achieve, it’s very consistent with how we apply our principles to supply chain management.”

One of the challenges in managing supply chains is to understand market influences that are unpredictable, such as how mergers and acquisitions in the private sector affect DLA’s ability to secure sources of materiel, particularly for older weapons systems, Beebe said.

He commended the workforce for the depth and strength of knowledge they have of their respective supply chains to meet those challenges. He also said it was critical to retain their skills and talent.

“We all know the warfighter is going to need us for a long time and we better make sure that we’re doing things as far as developing the workforce for the future,” Beebe said. 

Fortifying workforce resiliency to preserve those strengths is a priority for DLA Director Air Force Lt. Gen. Andy Busch and himself, Beebe said.

“There are great messages in there with the four (resiliency) pillars. And I hope everyone is familiar with it,” Beebe said. “We have to get over those hurdles, those tough times and recover.”

Beebe also touted performance based logistics as a strategic improvement to warfighter support.

“We are moving towards looking for outcome solutions rather than supply solutions,” Beebe said.

The PBL approach focuses on delivering a specific result, whether it’s repaired vehicles or sheltered troops. For the Subsistence supply chain, that means providing meals and keeping warfighters fed rather than simply acquiring food items.

“That’s an example of looking towards the outcome that’s desired rather than just providing supplies for someone else to achieve the outcome,” Beebe said.

Abubacar Corneh, a material planner with Industrial Hardware, said the town hall helped him to understand how his work fit into the whole organization and how PBLs pull everybody onto the same team."I think having this type of forum helps to see things from a bigger picture," Corneh said.Beebe last visited DLA Troop Support in November 2015. He meets with the head of contracting activity at each DLA primary level field activity twice a year for program oversight and to gain greater awareness of their strategic initiatives and the condition of the acquisition workforce.
Exhibit 32.2

 

**                                                THE MONARCH CEMENT COMPANY                                                   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 The Monarch Cement Company (the"Company") on Form 10-Qfor the quarter ended March 31, 2006, as filed with theSecurities and Exchange Commission on the datehereof (the "Report"), theundersigned, in the capacity and on the date indicated below, hereby certifiespursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of2002, that:

(1)   The Report fully complies with the requirements of Section 13(a) or15(d) of theSecurities Exchange Act of 1934; and

(2)   The information contained in the Report fairly presents, in allmaterial respects,the financial condition and results of operations of theCompany.

A signed original of this written statement required by Section 906 has beenprovided to The MonarchCement Company and will be retained by The MonarchCement Company and furnished to the Securitiesand Exchange Commission or itsstaff upon request.

 

Dated:  May 15, 2006

                                                                                              /s/ Debra P. Roe                                                                                                                      Debra P. Roe, CPA                                                                                            Chief Financial Officer and                                                                                            Assistant Secretary-Treasurer
STATE OF LOUISIANA 

COURT OF APPEAL, FIRST CIRCUIT 

DONNA KING MICHELLI AND 

EUGENE J. MICHELLI, JR. 

VERSUS 

CLEVE DUNN, JR. AND STACY P. 

DUNN 

NO. 2024 CW 0163 

MAY 14, 2024 

In Re: Donna King Michelli and Eugene J. Michelli, Jr., 

applying for supervisory writs, 19th Judicial District 

Court, Parish of East Baton Rouge, No. 713823. 

BEFORE: GUIDRY, C.J., CHUTZ, PENZATO, LANIER AND HESTER, JJ. 

WRIT GRANTED. The trial court's January 23, 2024 Order, 

which granted the (third) Motion to Recuse Judge Beau 

Higginbotham from Further Presiding Over the Above-Captioned 

Matter filed by defendants, Cleve Dunn, Jr. and Stacy P. Dunn, 

is reversed. A party desiring to recuse a judge of a district 

court shall file a written motion therefor assigning the ground 

for recusal under Article 151. La. Code Ci v. P. art. 154 (A) . 

This motion shall be filed no later than thirty days after 

discovery of the facts constituting the ground upon which the 

motion is based, but in all cases prior to the scheduling of the 

matter for trial. Id. In the event that the facts cons ti tu ting 

the ground upon which the motion to recuse is based occur after 

the matter is scheduled for trial or the party moving for 

recusal could not, in the exercise of due diligence, have 

discovered such facts, the motion to recuse shall be filed 

immediately after such facts occur or are discovered. Id. The 

facts constituting the ground upon which the (third) Motion to 

Recuse was based, i.e. the filing of a lawsuit by Cleve Dunn, 

Jr. naming of Judge Higginbotham as a defendant, occurred on 

September 5, 2023, which was after the trial of this matter. 

Because the (third) Motion to Recuse was not filed until 

November 20, 2023, it was untimely, under the facts and 

circumstances presented in this case, and is denied. 

WRC 

AHP 

WIL 

CHH 

Guidry, C.J., dissents and would deny the writ application. 

COURT OF APPEAL, FIRST CIRCUIT 

<A.s,J) DEPUTY CLERK OF COURT 

FOR THE COURT
#### Com. v. Isler

11/04/2015

242 WAL (2015)

Denied

Pa.Super., 122 A.3d 1123
#### Iris Melendez, Respondent, v City of New York, Appellant.

[768 NYS2d 461]

Judgment, Supreme Court, Bronx County (Alan Saks, J.), entered October 24, 2002, upon a jury verdict, which awarded plaintiff damages, unanimously reversed, on the law, the facts and in the exercise of discretion, the answer reinstated, and the matter remanded for a new trial. Appeal from judgment, same court (Stanley Green, J.), entered July 6, 2001, unanimously dismissed, without costs, as superseded by the appeal from the subsequent judgment.

The trial court’s striking of defendant’s answer and finding it negligent as a matter of law for not repairing a broken step, imposed as a sanction for spoliation of inspection and repair records, was an improvident exercise of discretion, in light of the facts that plaintiff did not move for sanctions until well into the *171trial, that the apparent loss of the documents was not willful, and that the absence of the documents was not fatal to plaintiffs ability to present her case *(see Freeman v Kirkland,*184 AD2d 331 [1992]; *Holliday v “John Jones,”*297 AD2d 471 [2002]). The testimony adduced at trial could have allowed a jury to find that the defective condition that allegedly caused the accident existed long enough to provide defendant with constructive notice, and thus the loss of the inspection and repair reports for the building did not preclude plaintiff from making a prima facie case of negligence *(see Detres v New York City Hous. Auth.,*271 AD2d 309, 310-311 [2000]). A more appropriate sanction for the apparent loss of the documents would have been a missing document charge, permitting the jurors to draw an inference against defendant on the issue of notice *(see Bin Xin Tan v St. Vincent’s Hosp. & Med. Ctr.,*294 AD2d 122 [2002]). Concur—Buckley, P.J., Nardelli, Sullivan, Williams and Lerner, JJ.
# C_2015178EN.01001202.xml

| 1.6.2015 | EN | Official Journal of the European Union | C 178/12 |
| --- | --- | --- | --- |

1.6.2015

EN

Official Journal of the European Union

C 178/12

---

Order of the General Court of 30 March 2015 — Square v OHIM — Caisse régionale de crédit agricole mutuel Pyrénées Gascogne (SQUARE)

(Case T-213/13) (1)

1

((Community trade mark - Opposition proceedings - Withdrawal of the application for registration - No need to adjudicate))

(2015/C 178/14)

Language of the case: French

Parties

Parties

Applicant: Square, Inc. (San Fransisco, United States) (represented by: M. Graf, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, acting as Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Caisse régionale de crédit agricole mutuel Pyrénées Gascogne (Tarbes, France) (represented by: A. Lecomte and R. Zeineh, lawyers)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court:

Re:

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 31 January 2013 (Case R 775/2012-1) concerning opposition proceedings between Caisse régionale de crédit agricole mutuel Pyrénées Gascogne and Square, Inc.

Operative part of the order

Operative part of the order

| 1. | There is no longer any need to adjudicate in the action. |
| --- | --- |

1.

There is no longer any need to adjudicate in the action.

| 2. | The applicant shall pay the costs. |
| --- | --- |

2.

The applicant shall pay the costs.

---

(1)  OJ C 207, 20.7.2013.

1

---
EXHIBIT 32.2

CERTIFICATION OF CHIEF
FINANCIAL OFFICERPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

I,
William R. Walker, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of hi/fn, inc. on
Form 10-Q/A for the three months ended December 31, 2004 fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that
information contained in such Quarterly Report on Form 10-Q/A fairly presents in all
material respects the financial condition and results of operations of hi/fn, inc.

|Date: March 2, 2005 |  | By: /s/ William R. Walker
Name:  William R. WalkerTitle:  Chief Financial Officer
|------------------- |  | -----------------------------------------------------------------------------------------------
# Properly preparing Disposition Services for responding to an emergency

/ Published April 27, 2022
BATTLE CREEK, Mich., 
Does each Defense Logistics Agency employee know what to do in the event of a fire? Is each staff member aware of the proper actions to take in the event of an active shooter in their facility? 

DLA’s emergency managers work to prepare the agency workforce for these scenarios and more. Throughout the agency they work to ensure proper procedures are in place to mitigate the negative effects of events such as natural disasters and other emergency situations.

“We are multi-domain operations,” said Franklin Cornielle, the Hart-Dole-Inouye Federal Center’s emergency manager. “We [are responsible for] physical security, anti-terrorism and we have emergency management as well.”                 First responders and military personnel discuss the details of an exercise within the Hart-Dole-Inouye Federal Center in Battle Creek, Michigan.                            Emergency management discussion                            First responders and military personnel discuss the details of an exercise within the Hart-Dole-Inouye Federal Center in Battle Creek, Michigan.            SHARE IMAGE:Download ImageImage DetailsPhoto By: DLA Disposition ServicesVIRIN: 220426-D-AU600-203

The role this team plays within the agency is important, but Cornielle says it can sometimes go unseen until an emergency occurs.

“Emergency management is a position that nobody looks for until it's needed,” Cornielle said. “I really think that a big part of my job is to make those ‘what ifs’ a reality through exercises and making those exercises as real-world as possible. My job is to make sure that you know where all of the resources are and that you know what to do in case of emergency situations.”

Currently, the Hart-Dole-Inouye Federal Center emergency management team is working with local first responders and military personnel in preparation for a large-scale exercise. This exercise will test each unit’s ability to respond to an emergency event and coordinate information to the community.

Coordination for this exercise is still in the beginning phases and participants recently held a planning session during April’s National Preparedness Month. As the date approaches closer to the execution of this exercise, HDIFC’s team of emergency managers encourage everyone to familiarize themselves with safety protocols and to actively participate in the safety roles offered within the facility. 

Those currently stationed within the HDIFC can volunteer as part of the medical response teams or to become fire wardens. In conjunction with these roles, employees are trained on CPR and given a basic understanding of automated external defibrillators in order to fulfill their duties.
EXHIBIT 32.1












CERTIFICATION OF CHIEF EXECUTIVE OFFICER
 
 Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. ss. 1350)
 
 Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. ss. 1350), the undersigned, Corey M. Horowitz, Chief Executive Officer and Chairman of Network-1 Security Solutions, Inc., a Delaware corporation (the "Company"), does hereby certify to his knowledge, that:
 
 The Quarterly Report of Form 10-Q for the quarter ended June 30, 2012 of the Company (the "Report") fully complies with the requirements of Section 13(a) or 15(d) of the Securities Act of 1934, and the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
    /s/ Corey M. Horowitz
 ------------------------------------
 Chief Executive Officer and Chairman
 August 14, 2012
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-50021

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

PAULO ZAPATA-IBARRA,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. DR-03-CR-445-1-WWJ

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

Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges.

PER CURIAM:*

Paulo Zapata-Ibarra appeals the sentence imposed following

his guilty plea conviction of being found in the United States

after deportation/removal in violation of 8 U.S.C. § 1326. 

Zapata-Ibarra contends that 8 U.S.C. § 1326(a) and 8 U.S.C.

§ 1326(b) define separate offenses. He argues that the prior

conviction that resulted in his increased sentence is an element

of a separate offense under 8 U.S.C. § 1326(b) that should have

been alleged in his indictment. Zapata-Ibarra maintains that he

United States Court of Appeals

Fifth Circuit

F I L E D

June 23, 2004

Charles R. Fulbruge III

Clerk
No. 04-50021

-2-

pleaded guilty to an indictment which charged only simple reentry

under 8 U.S.C. § 1326(a). He argues that his sentence exceeds

the two-year maximum term of imprisonment which may be imposed

for that offense.

In Almendarez-Torres v. United States, 523 U.S. 224, 235

(1998), the Supreme Court held that the enhanced penalties in

8 U.S.C. § 1326(b) are sentencing provisions, not elements of

separate offenses. The Court further held that the sentencing

provisions do not violate the Due Process Clause. Id. at 239-47. 

Zapata-Ibarra acknowledges that his argument is foreclosed by

Almendarez-Torres, but asserts that the decision has been cast

into doubt by Apprendi v. New Jersey, 530 U.S. 466, 490 (2000). 

He seeks to preserve his argument for further review. 

Apprendi did not overrule Almendarez-Torres. See Apprendi,

530 U.S. at 489-90; United States v. Dabeit, 231 F.3d 979, 984

(5th Cir. 2000). This court must follow Almendarez-Torres

“unless and until the Supreme Court itself determines to overrule

it.” Dabeit, 231 F.3d at 984 (internal quotation marks and

citation omitted). The judgment of the district court is

AFFIRMED.

The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that an appellee’s brief not be required. The motion is GRANTED. 

AFFIRMED; MOTION GRANTED.
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Exhibit 4.38  


 
 

CERTIFICATE OF TRUST    
    
    OF    
    
    LEHMAN BROTHERS HOLDINGS CAPITAL TRUST XI    
    


        This Certificate of Trust is being duly executed as of November 23, 2004 for the purposes of forming a statutory trust pursuant to the Delaware Statutory
Trust Act (12 Del. C. Section 3801 et. seq.) (the "Act"). 


        1.     NAME.
The name of the statutory trust formed hereby is "Lehman Brothers Holdings Capital Trust XI" (the "Trust"). 



        2.     DELAWARE
TRUSTEE. The name and business address of the Delaware resident trustee of the Trust meeting the requirements of Section 3807 of the Act are as follows: 



Chase
Manhattan Bank USA, National Association

500 Stanton Christiana Road, 3rd Floor

Newark, Delaware 19713

Attention: Institutional Trust Services 




        3.     EFFECTIVE
DATE. This Certificate of Trust, which may be executed in counterparts, shall be effective immediately upon filing with the Secretary of State of the State of
Delaware. 


[Remainder of page intentionally left blank] 







 

        IN
WITNESS WHEREOF, the undersigned, being all of the trustees of the Trust, have duly executed this Certificate of Trust as of the date first written above. 



	JPMORGAN CHASE BANK, N.A.,

as Property Trustee	 	 
	

By:	
 	

/s/  DIANE P. LEDGER      
	
 	

 
	Name:	 	Diane P. Ledger	 	 
	Title:	 	Assistant Vice President	 	 
	

CHASE MANHATTAN BANK USA, NATIONAL ASSOCIATION,

as Delaware Trustee
	

By:	
 	

/s/  TAI BILL LEE      
	
 	

 
	Name:	 	Tai Bill Lee	 	 
	Title:	 	Vice President	 	 
	

By:	
 	

/s/  JEFFREY A. WELIKSON      
 Jeffrey A. Welikson, as Regular Trustee	
 	

 
	

By:	
 	

/s/  BARRETT S. DIPAOLO      
 Barrett S. DiPaolo, as Regular Trustee	
 	

 
	

By:	
 	

/s/  OLIVER BUDDE      
 Oliver Budde, as Regular Trustee	
 	

 




2











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CERTIFICATE OF TRUST OF LEHMAN BROTHERS HOLDINGS CAPITAL TRUST XI
# ‘DLA R&D’: May/June issue of Loglines available

/ Published May 25, 2016

The May/June edition of Loglines magazine, “Research and Development,” is now available in print and online. The issue takes an in-depth look at applied research the agency is developing or considering.
      - “Power to the Warfighters” reports on new battery technologies.
      - “Rations: Better Seal, Longer Shelf Life” discusses two DLA projects that aim to improve battlefield meals.
      - “Parts on Demand” explores the brave new world of 3-D printing, also known as additive manufacturing.
Printed copies of Loglines are available throughout DLA’s locations and can be printed from the online PDF. To subscribe to Loglines, email loglines@dla.mil.