alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 74, Number 55 (Tuesday, March 24, 2009)]
[Notices]
[Page 12308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6345]



[[Page 12308]]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Emerging Technology and Research Advisory Committee; Notice of 
Partially Closed Meeting

    The Emerging Technology and Research Advisory Committee (ETRAC) 
will meet on April 6, 2009, 1:45 p.m., Room 4830, in the Herbert C. 
Hoover Building, 14th Street between Pennsylvania and Constitution 
Avenues, NW., Washington, DC. The Committee advises the Office of the 
Assistant Secretary for Export Administration on emerging technology 
and research activities, including those related to deemed exports.

Agenda

Open Session

    1. Licensing History for Deemed Exports.
    2. Discussion of Methodology Models/Next Steps.
    3. Public Comments.

Closed Session

    4. Discussion of matters determined to be exempt from the 
provisions relating to public meetings found in 5 U.S.C. app. 2 
Sec. Sec.  10(a)(1) and 10(a)(3).
    The open session will be accessible via teleconference to 20 
participants on a first come, first serve basis. To join the 
conference, submit inquiries to Ms. Yvette Springer at 
<a href="/cdn-cgi/l/email-protection#48113b383a21262f2d3a082a213b662c272b662f273e"><span class="__cf_email__" data-cfemail="2a73595a5843444d4f586a484359044e4549044d455c">[email protected]</span></a> no later than March 30, 2009.
    A limited number of seats will be available for the public session. 
Reservations are not accepted. To the extent that time permits, members 
of the public may present oral statements to the Committee. The public 
may submit written statements at any time before or after the meeting. 
However, to facilitate the distribution of public presentation 
materials to the Committee members, the Committee suggests that 
presenters forward the public presentation materials prior to the 
meeting to Ms. Springer via e-mail.
    The Assistant Secretary for Administration, with the concurrence of 
the delegate of the General Counsel, formally determined on March 16, 
2009, pursuant to Section 10(d) of the Federal Advisory Committee Act, 
as amended (5 U.S.C. app. 2 Sec. Sec.  (10)(d)), that the portion of 
the meeting dealing with matters the disclosure of which would be 
likely to frustrate significantly implementation of an agency action as 
described in 5 U.S.C. 552b(c)(9)(B) shall be exempt from the provisions 
relating to public meetings found in 5 U.S.C. app. 2 Sec. Sec.  10(a)1 
and 10(a)(3). The remaining portions of the meeting will be open to the 
public.
    For more information, call Yvette Springer at (202) 482-2813.

    Dated: March 17, 2009.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. E9-6345 Filed 3-23-09; 8:45 am]
BILLING CODE 3510-JT-P


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#### G. W. Sutherland, *Adm’r., etc. v.*Nelson and Chase & Gilbert Company

(No. 7766)

Submitted January 16, 1934.

Decided January 23, 1934.

*562*E. W. Worrell,*for plaintiff in error.

*Fitzpatrick, Brown & Davis*and *Randolph Bias,*for defendant in error.

Lite, Judge:

Tills is an action of trespass on the case in assumpsit by G. W. Sutherland, as administrator of the estate of J. J. Young, deceased, against Nelson and Chase & Gilbert Company, a corporation, to recover the sum of $1554.00 due the estate by defendant. Judgment having been rendered for defendant upon an agreed statement of facts submitted to the court, plaintiff prosecutes error.

By written contract, dated December 10, 1931, defendant, as contractor of Virginian & Western Railway Company, employed decedent, J. J. Young, to grade certain roadbed for a railway in Wyoming County. The contract authorized defendant to pay those performing labor and furnishing materials in the execution of the work the cost thereof and charge the same to Young. It also permitted the contractor to retain from tile balance due Young, upon completion of the job, a sum sufficient to cover all unsettled claims incurred by him in connection with the work “until the same are settled or paid”. The amount of $1580.04 is owing and due from the estate of decedent, which is insolvent, to persons, performing labor and furnishing materials in the execution of the contract, who are demanding payment of defendant, in accordance with its election to pay the same. Plaintiff is not entitled to recover, but defendant is, by its election, liable, in the amount it owes under the contract, to those having valid claims against the estate for services performed and materials furnished in the execution of the work.

The judgment of the circuit court is, therefore, affirmed.

*Affirmed.*
```

[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Notices]
[Page 12844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6492]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR09-18-000]

New Mexico Gas Company, Inc.; Notice of Filing

March 18, 2009.
    Take notice that on March 2, 2009, New Mexico Gas Company, Inc. 
(NMGC) filed pursuant to section 284.123(e) of the Commission's 
regulations, a Statement of Operating Conditions (SOC). NMGC states 
that Ordering Paragraph G of the Commission's August 28, 2008 order 
issuing limited certificates to NMGC required NMGC to file its SOC 
within 30 days of commencement of service. 124 FERC ] 61,194 (2008). 
NMGC states it notified the Commission that service commenced as of 
January 30, 2009.
    Any person desiring to participate in this rate proceeding must 
file a motion to intervene or to protest this filing must file in 
accordance with Rules 211 and 214 of the Commission's Rules of Practice 
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered 
by the Commission in determining the appropriate action to be taken, 
but will not serve to make protestants parties to the proceeding. Any 
person wishing to become a party must file a notice of intervention or 
motion to intervene, as appropriate. Such notices, motions, or protests 
must be filed on or before the date as indicated below. Anyone filing 
an intervention or protest must serve a copy of that document on the 
Applicant. Anyone filing an intervention or protest on or before the 
intervention or protest date need not serve motions to intervene or 
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an 
original and 14 copies of the protest or intervention to the Federal 
Energy Regulatory Commission, 888 First Street, NE., Washington, DC 
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the 
``eLibrary'' link and is available for review in the Commission's 
Public Reference Room in Washington, DC. There is an ``eSubscription'' 
link on the Web site that enables subscribers to receive e-mail 
notification when a document is added to a subscribed docket(s). For 
assistance with any FERC Online service, please e-mail 
[email protected], or call (866) 208-3676 (toll free). For 
TTY, call (202) 502-8659.
    Comment Date: 5 p.m. Eastern Time Monday, March 30, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-6492 Filed 3-24-09; 8:45 am]
BILLING CODE
```
STATE of Missouri, Respondent, v. Darren Lee DAY, Appellant.

WD 81908

Missouri Court of Appeals, Western District.

ORDER FILED: June 25, 2019

Eric S. Schmitt, Attorney General, and Richard A. Starnes, Assistant Attorney General, Jefferson City, MO, Attorneys for Respondent.

Weldon W. Perry, Jr., Lexington, MO, Attorney for Appellant.

Before Division Two: Thomas N. Chapman, Presiding Judge, and Mark D. Pfeiffer and Cynthia L. Martin, Judges

**Order**

Per Curiam:

Mr. Darren Day appeals from his judgment of conviction and sentence, following a bench trial, by the Circuit Court of Lafayette County, Missouri, for violation of an order of protection. Because a published opinion would have no precedential value, a memorandum of law has been provided to the parties. The judgment is affirmed. Rule 30.25(b).
1 This memorandum opinion was not selected for publication in the New Mexico Reports. Please

2 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 

3 Please also note that this electronic memorandum opinion may contain computer-generated

4 errors or other deviations from the official paper version filed by the Court of Appeals and does

5 not include the filing date. 

6 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

7 CINDY PONCHO, on behalf of and as

8 surviving spouse of JOHNNIE PONCHO,

9 Worker/Decedent-Appellant,

10 v. NO. 29,614 

11 EVEREST GROUP, INC. and MOUNTAIN

12 STATES MUTUAL CASUALTY CO.,

13 Employer/Insurer-Appellees.

14 APPEAL FROM NEW MEXICO WORKERS’ COMPENSATION

15 ADMINISTRATION

16 Gregory D. Griego, Workers’ Compensation Judge

17 David S. Proffit

18 Albuquerque, NM

19 for Appellant

20 Katherine E. Tourek

21 Albuquerque, NM

22 for Appellees

23 MEMORANDUM OPINION
2

1 WECHSLER, Judge.

2 Summary reversal was proposed for the reasons stated in the notice of proposed

3 disposition. No memorandum opposing summary reversal has been filed, and the time

4 for doing so has expired.

5 Reversed.

6 IT IS SO ORDERED.

7 ______________________________

8 JAMES J. WECHSLER, Judge 

9 WE CONCUR:

10 _______________________________

11 CYNTHIA A. FRY, Chief Judge

12 _______________________________

13 MICHAEL E. VIGIL, Judge
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 Basanite,
Inc. (the “Company”) on Form 10-K for the year ended December 31, 2022 as filed with the United States Securities
and Exchange Commission on the date hereof (the “Report”), the undersigned, in the capacities and on the dates 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, as amended; and



2. The information contained in the Report fairly
presents, in all material respects, the financial condition and results of operation of the Company.





|                     |                                              
|-------------------- | ---------------------------------------------
|Date: April 17, 2023 | By: /s/ Jackie Placeres                      
|                     | Name: Jackie Placeres                        
|                     | Title: Acting Interim Chief Financial Officer
|                     |
Pete GONZALES, Appellant v. The STATE of Texas, Appellee

No. 10-18-00141-CR

Court of Appeals of Texas, Waco.

filed July 17, 2019

Charles W. McDonald, McDonald & McDonald, Waco, TX, for Appellant.

Barry N. Johnson, McLennan County District Attorney, Gabriel Price, McLennan County Asst. District Attorney, Waco, TX, for Appellee.

Before Chief Justice Gray, Justice Davis, and Justice Neill

**ORDER**

PER CURIAM

This proceeding was abated for findings to be made by the trial court in connection with a Chapter 64 DNA appeal. The findings have been made and filed as part of a supplemental clerk's record. Accordingly, this proceeding is hereby reinstated on the Court's docket.

The appellant, Pete Gonzales, has filed a motion titled, "Motion for Leave to File Additional Briefing Post-Abatement Order." In the motion, appellant wants additional time to file supplemental briefing and also requests that the Court consider attachments to the motion and make them part of the appellate record. We grant the motion only in part.

Based on the procedural posture of this proceeding, we grant the motion to the extent we authorize supplemental briefing on any new issues raised by the trial court's findings, which supplemental briefing is hereby expressly authorized. The Court notes, however, that it may be less confusing if appellant files an amended brief which fully replaces the current briefing and brings forth any issues remaining from the briefing before the case was abated along with any new issues regarding the findings made by the trial court on abatement. While the Court leaves the determination of whether to file a comprehensive amended brief containing all the issues currently remaining to be addressed by the Court or only a supplemental brief containing only new issues not previously raised, appellant's brief is due 45 days from the date of this order or as may be extended by a subsequent order of this Court.

The referenced motion is denied to the extent that it request that we make the exhibits to the motion part of the record in this proceeding. If there are errors in, or omissions from, the clerk's or reporter's record, the rules of appellate procedure provide the procedure and process for correcting the record. *See* TEX. R. APP. P , 34.5(c) ; 34.6(e). Appellant is responsible for determining if anything is missing from the clerk's record as filed with this Court and to take the appropriate action, if any, as necessary to complete or correct the clerk's record. A motion for extension of time to file the brief should be presented for the Court's consideration if additional time is needed to comply with the procedure or process before the brief can be prepared.
CHARLESTON.

#### State *v.*Geyer.

Submitted February 5, 1898. —

Decided April 6, 1898.

Faase Pretense— *Indictment -Snfficency of Indictment,*

The record of an indictment, in these words : “An indictnren against Charles Gibson and Dana Geyer for obtaining property by false pretense. No. 1. A true bill. H. F. Jones, Foreman, ” —is sufficient, although the language used does not contain every element of the offense charged, (p. 6S0).

Error to Circuit Court, Ohio County.

Dana Geyer was convicted of obtaining- property by false pretenses, and bring-s error.

*Affirmed,-*

W. W. Arnett, for plaintiff in error.

Edgar P. Rucker, Attorney General, for the State.

Dent, Judge:

The only question presented in this cáse is whether the following- record of the finding- of an indictment is sufficient, to wit: “An indictment against Charles Gibson and Dana Geyer for obtaining property by false pretense. No. 1. A true bill. H. F. Jones, Foreman.” The prisoner’s counselseeksto apply therule thatif everything therein contained be true, and yet no offense be described, the record is bad. This rule is not applicable to a question of thi§ character, but the true rule is that the record need not-*650show all the constituents of the offense charged. A mere general, though imperfect, description, is sufficient, if there is no material variance from the indictment. In the case of *State*v. Fitzpatrick, 8 W. Va. 707, “unlawful retailing” was held a sufficient description of selling at retail intoxicating liquors without license, although there may be numerous other kinds of “unlawful retailing” going on, which are indictable offenses. And in the case of *State*v. Gilmore, 9 W. Va. 641, an entry of an “indictment for selling intoxicating liquors to a minor” was held sufficient, although such entry might be true, and no offense be committed, as it might have been on the written order of a parent, guardian, or family physician. These cases were cited and approved, among others, in *State*v. Heaton, 23 W. Va. 780. The words “obtaining- property bjr false pretense,” while they do not show all the constituents of the offense charged, and would be insufficient in an indictment, without the qualification “with intent to defraud,” yet do not vary from the indictment, but are strictly in accordance therewith, and answer the purpose of identification, for which they were made part of the record. The court therefore committed no apparent error in its rulings, and its judgment is affirmed.

*Affirmed.*
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 BCO Hydrocarbon Ltd. (the “Company”) on Form 10-K for the period ended August 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Malcolm Albery, President (Principal Executive Officer) and Principal Financial Officer 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.




Date:  October 7, 2009
By:/s /Malcolm Albery


Name:  Malcolm Albery


Title:    President (Principal Executive Officer) and Principal Financial Officer





A signed original of this written statement required by Section 1350 of Title 18 of the United States Code 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.





The foregoing certification is being furnished as an exhibit to the Report pursuant to Item 601(b)(32) of Regulation S-K and Section 1350 of Title 18 of the United States Code and, accordingly, is not being filed with the Securities and Exchange Commission as part of the Report and is not to be incorporated by reference into any filing
of the Company under the Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made before or after the date of the Report, irrespective of any general incorporation language contained in such filing.)
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 Annual Report of Freedom Environmental Services Inc. on Form
10-K for the year ended December 31, 2008, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Michael Borish,
Interim Chief Financial Officer (principal Accounting Officer) certify, pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that, to the best of my knowledge and
belief:
 
 (1)  the
Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and
  (2)  the
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.
 
 
 
 /s/  Michael
Borish
 -------------------------------
 Michael
Borish
 Interim Chief Financial Officer
 (Principal
Accounting Officer)
 Date:
October 28, 2009
Exhibit 31.1

                                  Certification

I, Kevin Armstrong, Chief Executive Officer, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Cosi, Inc.;

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

3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as
of, and for, the periods presented in this report;

4. The registrant's other certifying officer(s) and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

    (a) Designed such disclosure controls and procedures, or caused such
    disclosure controls and procedures to be designed under our supervision, to
    ensure that material information relating to the registrant, including its
    consolidated subsidiaries, is made known to us by others within those
    entities, particularly during the period in which this report is being
    prepared;

    (b) Evaluated the effectiveness of the registrant's disclosure controls and
    procedures and presented in this report our conclusions about the
    effectiveness of the disclosure controls and procedures, as of the end of
    the period covered by this report based on such evaluation;

    (c) Disclosed in this report any change in the registrant's internal control
    over financial reporting that occurred during the registrant's most recent
    fiscal quarter (the registrant's fourth fiscal quarter in the case of an
    annual report) that has materially affected, or is reasonably likely to
    materially affect, the registrant's internal control over financial
    reporting; and

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

    (a) All significant deficiencies and material weaknesses in the design or
    operation of internal control over financial reporting which are reasonably
    likely to adversely affect the registrant's ability to record, process,
    summarize and report financial information; and

    (b) Any fraud, whether or not material, that involves management or other
    employees who have a significant role in the registrant's internal control
    over financial reporting.

Date: May 12, 2004

By: /s/ Kevin Armstrong
   --------------------
Kevin Armstrong
Chief Executive Officer
Page 1 of 1 UNITED STATES ENVIRONMENTA L PROTECTION AGENCY

WASHINGTON, D.C. 20460

OFFICE OF POLICY

M EMORANDUM SUBJECT: Transmittal to Docket: Record o f t he March 1 5 , 2011, Public Meeting in

Baton Rouge, Louisiana , regarding the Environmental Protection Agency’s Implementation of Executive Order 13563: Improving Regulation and Regulatory Review FROM: Stuart C. Miles - McLean

Office of Regulatory Policy and Management TO: Public Docket #EPA - HQ - OA - 2011 - 0156: Im p roving Regulations: General As called for b y President Obama in Executive Order 13563, "to facilitate the periodic review of existing significant regulations," the Environmental Protection Agency (EPA) is considering "how best to promote retrospective analy sis of rules that may be outmoded, ineffective, insufficient, or excessively burdensome, and to modify , streamline, expand, or repeal them in accordance with what has been learned." As part of its retrospective re view of regulatio ns, EPA convened public meetings around the country to gather input on how we might design the plan we will use to periodicall y review our regulations. T his Memo transmits to the docket a record of the public meeting held on March 1 5 , 201 1, in Baton Rouge , Louisiana
.