alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This memorandum opinion was not selected for publication in the New Mexico Reports. Please 1 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 2 Please also note that this electronic memorandum opinion may contain computer-generated 3 errors or other deviations from the official paper version filed by the Court of Appeals and does 4 not include the filing date. 5 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 6 CINDY PONCHO, on behalf of and as 7 surviving spouse of JOHNNIE PONCHO, 8 Worker/Decedent-Appellant, 9
v. NO. 29,614 10 EVEREST GROUP, INC. and MOUNTAIN 11 STATES MUTUAL CASUALTY CO., 12 Employer/Insurer-Appellees. 13
APPEAL FROM NEW MEXICO WORKERS’ COMPENSATION 14 ADMINISTRATION 15 Gregory D. Griego, Workers’ Compensation Judge 16 David S. Proffit 17 Albuquerque, NM 18 for Appellant 19 Katherine E. Tourek 20 Albuquerque, NM 21 for Appellees 22 MEMORANDUM OPINION 232 WECHSLER, Judge. 1 Summary reversal was proposed for the reasons stated in the notice of proposed 2 disposition. No memorandum opposing summaryreversal has been filed, and the time 3 for doing so has expired. 4 Reversed. 5 IT IS SO ORDERED. 6

______________________________ 7 JAMES J. WECHSLER, Judge 8
WE CONCUR: 9

_______________________________ 10 CYNTHIA A. FRY, Chief Judge 11

_______________________________ 12 MICHAEL E. VIGIL, Judge 13
[No. 52484-4-I.

Division One.

June 14, 2004.]

#### The State of Washington, *Respondent,*v. Jesse Quincy, *Appellant.*

Appeal from a judgment of the Superior Court for Sno-homish County, No. 03-1-00741-7, Richard J. Thorpe, J., entered June 2, 2003. *Affirmed*by unpublished per curiam opinion. Now published at 122 Wn. App. 395.
| 1. | Such      Annual Report on Form 10-K for the year ending December 31,      2008, 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 Annual Report on Form 10-K for the period      ending December 31, 2008, fairly presents, in all material respects,      the financial condition and results of operations of PR      Complete      Holdings. |
|----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| PR      COMPLETE HOLDINGS, INC. |
|---------------------------------|
|                            |     |
| By:                        |  /s/      Chrissy      Albice |
|                       | Chrissy      Albice, |
|                            | President,      CEO, CFO, Principal Accounting Officer,Secretary,      Treasurer andDirector |
THE THIRTEENTH COURT OF APPEALS

13-17-00223-CV

Stacey Renae Hammer

v.

Lea C. Noelke, Judith E. Bryant, and Noelke, English, Maples, St. Leger, Blair, LLP

On appeal from the

250th District Court of Travis County, Texas

Trial Cause No. D-1-GN-14-002177

JUDGMENT

THE THIRTEENTH COURT OF APPEALS, having considered this cause on 

appeal, concludes the judgment of the trial court should be affirmed in part and reversed 

in part, and the case should be remanded to the trial court. The Court orders the 

judgment of the trial court AFFIRMED IN PART and REVERSED IN PART, and the 

case is REMANDED to the trial court for further proceedings consistent with its opinion. 

Costs of the appeal are adjudged fifty percent against appellant and fifty percent against 

appellees.

We further order this decision certified below for observance.

November 29, 2018
```

[Federal Register Volume 74, Number 53 (Friday, March 20, 2009)]
[Notices]
[Page 11938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6067]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER09-241-001]

California Independent System Operator Corporation; Notice of 
Filing

March 12, 2009.
    Take notice that on March 2, 2009, The California Independent 
System Operator Corporation submitted an instant filing in compliance 
with the Commission's January 30, 2009 Order, 126 FERC  61, 
082, (Price Cap Order).
    Any person desiring 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, 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 comment date. 
Anyone filing a motion to intervene or protest must serve a copy of 
that document on the Applicant and all the parties in this proceeding.
    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 on March 23, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-6067 Filed 3-19-09; 8:45 am]
BILLING CODE
```
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Commerce

###### National Oceanic and Atmospheric Administration

          - RIN 0648-XO15

# AGENCY:

National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

# ACTION:

Notice; withdrawal of application.

# SUMMARY:

Notice is hereby given that the Knik Arm Bridge Toll Authority (KABATA), 550 West 7th Ave, Suite 1850, Anchorage, Alaska, 99501, has withdrawn its application for regulations and subsequent Letters of Authorization (LOAs) regarding the harassment of marine mammals incidental to construction of the Knik Arm Crossing.

# ADDRESSES:

The documents related to this action are available for review upon written request or by appointment in the following offices:

Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 713-2289; fax (301) 427-2521; and

Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668; phone (907) 586-7221; fax (907) 586-7249.

# FOR FURTHER INFORMATION CONTACT:

Jaclyn Daly, (301) 713-2289.

# SUPPLEMENTARY INFORMATION:

                    On August 23, 2006, a notice was published in the                     **Federal Register**                     (71 FR 49433) that an application for regulations governing the incidental take of marine mammals had been filed by KABATA. The Knik Arm Crossing is a proposed bridge across Knik Arm, linking Anchorage and the Matanuska-Susitna Borough. Construction of the bridge would result in the harassment of marine mammals, including, but not limited to, the endangered Cook Inlet beluga whale (                    *Dephinapterus leucas*). On March 12,                           ( print page 12841)                        2009, KABATA submitted a letter to NMFS announcing the withdrawal of their request for regulations and subsequent LOAs. Consequently, NMFS has terminated the processing of KABATA's application.                

Dated: March 19, 2009.

James H. Lecky,

Director, Office of Protected Resources, National Marine Fisheries Service.

[FR Doc. E9-6635 Filed 3-24-09; 8:45 am]

BILLING CODE 3510-22-S
Exhibit 32.1  CERTIFICATION PURSUANT TO 18 U.S.C. 1350 AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  The undersigned 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 their knowledge, the Annual Report on Form 10-K for the period ended Dec. 31, 2008 of PB Properties & Investments, Inc. (the Company) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and the information contained in such periodic report fairly presents, in all material respects, the financial condition and results of operations of the Company as of, and for, the periods presented in such report.  Very truly yours,   /s/ Carlos EspinosaCarlos EspinosaChief Executive Officer/s/ Carlos EspinosaCarlos EspinosaChief Financial OfficerDated: May 7, 2010   A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to PB Properties & Investments, Inc. and will be furnished to the Securities and Exchange Commission or its staff upon request.
The Honorable George F. Gunn, Jr., United States District 1

Judge for the Eastern District of Missouri.

___________

No. 96-2776

___________

United States of America, *

 *

Appellee, *

 * Appeal from the United States

v. * District Court for the

 * Eastern District of Missouri.

Andy Lawuary, *

 * [UNPUBLISHED]

Appellant. *

___________

 Submitted: October 31, 1996

 Filed: November 27, 1996

___________

Before BEAM, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

___________

PER CURIAM.

Andy Lawuary, an African-American, challenges the 210-month sentence

imposed by the district court after he pleaded guilty to possessing

1

cocaine and cocaine base (crack) with intent to distribute, in violation

of 21 U.S.C. § 841(a)(1), and being a felon in possession of a firearm, in

violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). We affirm.

At issue is Lawuary's offense-level calculation, which was derived

from the penalty scheme set forth in 21 U.S.C. § 841(b)(1), providing the

same penalties for given amounts of crack and 100 times greater amounts of

powder cocaine. Lawuary argues that the 100-to-1 ratio has a

disproportionate adverse effect on African-
-2-

Americans; Congress's rejection of the Sentencing Commission's proposed

amendment to the Sentencing Guidelines--which would have eliminated the

100-to-1 ratio and equalized the penalties for crack and powder cocaine--

evidences a discriminatory purpose on Congress's part in maintaining the

penalty scheme; and, thus, continued application of the scheme violates his

Fifth Amendment equal protection and due process rights.

We recently rejected similar arguments in United States v. Carter,

91 F.3d 1196, 1198-99 (8th Cir. 1996) (per curiam).

Accordingly, the judgment of the district court is affirmed.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
EX-10.1






EXHIBIT 10.1




LADENBURG THALMANN FINANCIAL SERVICES INC.

4400 Biscayne Boulevard

Miami, Florida 33137




December 20, 2007




Vector Group Ltd.


100 S.E. Second Street


Miami, FL 33131


Attn: Howard M. Lorber, President




RE: First Amendment to Services Agreement between Ladenburg Thalmann Financial Services Inc.
and Vector Group Ltd. dated September 14, 2006 (the “Services Agreement”)



Dear Mr. Lorber:



This letter agreement will confirm the understanding between Ladenburg Thalmann Financial
Services Inc. (“Company”), a Florida corporation with offices at 4400 Biscayne Boulevard, Miami,
Florida 33137, and Vector Group Ltd. (“VGL”), a Delaware corporation with offices at 100 S.E.
Second Street, Miami, FL 33131, to amend the Services Agreement.



First, for additional Services provided to the Company during 2007, VGL shall be paid an
additional management fee of $150,000, payable on or before December 31, 2007.



Second, commencing January 1, 2008 and continuing through June 30, 2008, in consideration of
the Services, the Company shall pay VGL an annual fee of $400,000, payable in quarterly
installments of $100,000 in advance (the “Fee”). Effective July 1, 2008, the Fee shall be
increased to $600,000, and shall be paid in quarterly installments of $150,000. Additionally, VGL
shall be entitled to recover all direct, out of pocket costs, fees and other expenses incurred by
VGL or Mr. Lampen in connection with the Services.



All other terms and conditions of the Services Agreement not specifically amended hereby,
shall remain in full force and effect. Capitalized terms used herein and not otherwise defined,
shall have the meanings ascribed to them in the Services Agreement.



Please indicate your acceptance by signing this letter in the space provided below.




LADENBURG THALMANN


FINANCIAL SERVICES INC.




By: /s/ Diane Chillemi   

Name: Diane Chillemi

Title: Vice President and

Chief Financial Officer

   



ACCEPTED AND AGREED TO:



VECTOR GROUP LTD.


By: /s/ Howard M. Lorber


Name: Howard M. Lorber

Title: President and Chief Executive Officer
Melissa CUNNINGHAM, Appellant, v. Anthony FELICE, Appellee.

Case No. 2D16-3518

District Court of Appeal of Florida, Second District.

Opinion filed August 16, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
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








Each of the undersigned hereby
certifies, in his capacity as an officer of Alpine Alpha 2, Ltd. (the
“Company”), for the purposes of 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of his
knowledge:





(1)           The
Annual Report of the Company on Form 10-K for the fiscal year ended December 31,
2008 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.





Dated:
March 31, 2009





/s/ James
Hahn


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


James
Hahn


Chief
Executive Officer and President (principal executive officer) &


Chief
Financial Officer (principal financial officer and principal accounting
officer)





A signed
original of this written statement required by Section 906 has been provided to
the Company and will be retained by the Company and furnished to the Securities
and Exchange Commission or its staff upon request.
Z.G., a Juvenile, Appellant, v. The STATE of Florida, Appellee.

No. 3D17-981

District Court of Appeal of Florida, Third District.

Opinion filed October 18, 2017.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
[Federal Register Volume 82, Number 249 (Friday, December 29, 2017)]
[Notices]
[Page 61768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28153]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute on Aging; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Aging Special Emphasis 
Panel; Evaluation of NIA Clinical Trials.
    Date: January 25, 2018.
    Time: 12:01 p.m. to 5:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institute on Aging, Gateway Building, Suite 
2W200, 7201 Wisconsin Avenue, Bethesda, MD 20892 (Telephone 
Conference Call).
    Contact Person: Maurizio Grimaldi, MD, Ph.D., Scientific Review 
Officer, National Institute on Aging, National Institutes of Health, 
7201 Wisconsin Avenue, Room 2C218, Bethesda, MD 20892, 301-496-9374, 
<a href="/cdn-cgi/l/email-protection#8becf9e2e6eae7efe2e6b9cbe6eae2e7a5e5e2e3a5ece4fd"><span class="__cf_email__" data-cfemail="5532273c383439313c38671538343c397b3b3c3d7b323a23">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging 
Research, National Institutes of Health, HHS)

    Dated: December 26, 2017.
David Clary,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2017-28153 Filed 12-28-17; 8:45 am]
 BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
|   | (1) | such Annual Report on Form 10-K for the year ended December 31, 2013 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 such Annual Report on Form 10-K for the year ended December 31, 2013 fairly presents, in all material respects, the financial condition and results of operations of Terra Tech Corp. |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date: September 9, 2014 | By:    | /s/ Michael James                                                                     |   |
|-------------------------|--------|---------------------------------------------------------------------------------------|--------|
|                    | Name:  | Michael James                                                                         |   |
|                    | Title: | Chief Financial Officer(principal financial officer and principal accounting officer) |   |
EXHIBIT 32

                           CERTIFICATION PURSUANT TO
                            18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


<PAGE>


EXHIBIT 32

                           CERTIFICATION PURSUANT TO
                            18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Quarterly Report of BonusAmerica, Inc. (the "Company") on
Form 10-QSB for the period  ending  March 31, 2004 as filed with the  Securities
and Exchange Commission on the date hereof (the "Report"). I, Michael Mak, Chief
Executive Officer of the company,  certify,  pursuant to 18 USC 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 Sction 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 Mak
                                                --------------------------------
                                                Michael Mak, CEO

Dated:  8/23/04
#### Ernest W. Newman *v.*State Compensation Commissioner

(No. 7389)

Submitted September 28, 1932.

Decided October 4, 1932.

*James M. Mason*and *R. G. Solof,*for appellant.

*Howard B. Lee,*Attorney General, and *R. Dennis Steed,*Assistant Attorney General, for respondent.

*607Maxwell, Judge:

Claimant was injured, March 14, 1930, while in the employment of the E. I. Dtipont de Nemours & Company at Belle, Kanawha County. He received a sprain in the lower left part of the abdomen. Medical attention was given him at infrequent intervals for about eleven months after the accident during all of which time he continued in his regular ■employment. He ceased working February 13, 1931. October 13, 1931, he was awarded compensation for 52 weeks based on a thirteen per centum disability. Upon the expiration of this award, he applied for additional compensation. He was referred to physicians by the commissioner for examinations. Further compensation was denied him March 22, 1932. Claimant objected to this finding and requested a hearing which was not granted. Award of this appeal followed.

The doctors who examined claimant both initially and subsequently disagreed as to the cause and nature of his disability. Some of them thought he was permanently disabled and that his disability was a direct result of the injury complained of; others thought his condition was not such as could be attributed to the injury alleged; and still others described his condition as that of a “neurotic” and a “hypochondria type”. One doctor, after a most thorough examination, refused to express an opinion.

In seeking further compensation, claimant did not contend that he was permanently disabled. This claim was first made in a formal petition filed subsequent to the order of March 22, 1932. The evidence submitted for a further award is cumulative merely. It does not make a prima facie showing either that the claimant’s condition has become more aggravated since the award was made to him or that at the time of the award he was suffering from disabilities not then taken into account by the commissioner. It does not appear from the testimony of the doctors that there have been any new developments or material changes in claimant’s condition. This involves administrative matters, within the sound discretion of the commissioner, not appealable. *Murasky*v. *State Compensation Commissioner,*109 W. Va. 218, 153 S. E. 509.

*Affirmed.*