alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 

In The 

Court of Appeals 

Ninth District of Texas at Beaumont 

__________________ 

NO. 09-22-00047-CV 

__________________ 

IN RE COMMITMENT OF MARTIN GUADALUPE LUJAN 

__________________________________________________________________ 

On Appeal from the 435th District Court 

Montgomery County, Texas 

Trial Cause No. 13-10-10750-CV 

__________________________________________________________________

MEMORANDUM OPINION

 Martin Guadalupe Lujan appealed from an order denying the petition he filed 

in the 435th District Court seeking to be transferred to less restrictive housing. In 

March 2022, the State moved to dismiss the petition for want of jurisdiction. Lujan 

failed to respond to the State’s motion. 

We conclude we do not have jurisdiction over Lujan’s appeal. As the Court 

noted in In re Commitment of Scott, “[w]hile the trial court retains jurisdiction during 

the periods that a civil commitment judgment remains in effect, we lack appellate 

jurisdiction over interlocutory orders signed after the judgment in the civil-
2 

commitment case becomes final.” No. 09-22-00038-CV, 2022 WL 710205, at *1 

(Tex. App.—Beaumont Mar. 10, 2022, no pet. h.) (mem. op.). 

Because we lack jurisdiction, we grant the State’s motion and dismiss the 

appeal. See Tex. R. App. P. 43.2(f). 

 APPEAL DISMSSED. 

 PER CURIAM 

Submitted on April 20, 2022 

Opinion Delivered April 21, 2022 

Before Kreger, Horton and Johnson, JJ.
[Federal Register Volume 74, Number 60 (Tuesday, March 31, 2009)]
[Notices]
[Page 14587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7146]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-65,386]


ANP Dimensional Lumber; Ogema, WI; Notice of Termination of 
Investigation

    Pursuant to Section 221 of the Trade Act of 1974, as amended, an 
investigation was initiated on February 25, 2009 in response to a 
worker petition filed on behalf of workers at ANP Dimensional Lumber, 
Ogema, Wisconsin.
    The petitioners have requested that petition be withdrawn. 
Consequently, the investigation has been terminated.

    Signed at Washington, DC, this 18th day of March 2009.
Richard Church,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-7146 Filed 3-30-09; 8:45 am]
BILLING CODE 4510-FN-P
Mark JACKSON, Appellant, v. Michelle JACKSON, Appellee.

Case No. 2D17-545

District Court of Appeal of Florida, Second District.

Opinion filed October 13, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Quentin Lamar SNOW, Appellant, v. STATE of Florida, Appellee.

Case No. 5D17-1607

District Court of Appeal of Florida, Fifth District.

Decision filed January 9, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
_________________________________________ 

 

 

Order Supreme Court 

Lansing, Michigan 

September 28, 2005 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 127787 & (90) Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman,

Plaintiff-Appellee, Justices 

v SC: 127787 

 COA: 245895 

Macomb CC: 01-001624-FC 

DAVID STADLER,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the November 18, 2004 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court. The 

miscellaneous motion is GRANTED. 

p0919 

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. 

September 28, 2005
 

Clerk
Alicia M. RHODES, Appellant, v. Jeremiah RHODES, Appellee.

Case No. 2D17-162

District Court of Appeal of Florida, Second District.

Opinion filed August 30, 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








In connection with the report on Form 10-K of Aurum, Inc. (the “Company”) for the fiscal year ended October 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “report”), the undersigned, Joseph Isaac Gutnick, Chief Executive Officer of the Company, certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that:





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





(2)
The information contained in the report fairly presents, in all material respects, the financial condition and result of operations of the Company.








Date:  January 26, 2011








/s/ Joseph Gutnick


Joseph Gutnick


Chairman of the Board, President and


Chief Executive Officer


(Principal Executive Officer)














1
Document

EXHIBIT 10.38

   SECOND AMENDMENT
TO THE
SOLAR TURBINES INCORPORATED PENSION PLAN
FOR EUROPEAN FOREIGN SERVICE EMPLOYEES
Solar Turbines Incorporated (the “Company”) sponsors the Solar Turbines Incorporated Pension Plan for European Foreign Service Employees (the “Plan”).  By a document dated March 24, 2015, the Plan was most recently amended and restated effective January 1, 2015.  Pursuant to Article XIII of the Plan, the Company and the Company’s parent, Caterpillar Inc., have reserved the right to amend the Plan, in whole or in part, at any time.  By this instrument, the Caterpillar Inc. amends the Plan to reflect overpayment recovery changes.
1.This Second Amendment shall be effective as of January 1, 2022.
2.Section 14.6 is amended in its entirety to read as follows:
“14.6    If it is determined that the benefits under the Plan should not have been paid or should have been paid in a lesser amount, the Plan has the right at any time to, as elected by the Company: (i) recover the overpayment from the recipient to whom it was made; (ii) offset the amount of that overpayment from a future payment to the recipient; or (iii) a combination of (i) and (ii).  The Company may also take all actions permissible under law and applicable guidance to recover for the Plan the amount of the overpayment.”
3.This Second Amendment amends only the provisions of the Plan as set forth herein, and those provisions not expressly amended shall be considered in full force and effect.  Notwithstanding the foregoing, this Second Amendment shall supersede the provisions of the Plan to the extent those provisions are inconsistent with the provisions and the intent of this Second Amendment.
			
	








IN WITNESS WHEREOF, Caterpillar Inc. has caused this Second Amendment to be executed as of December 15, 2021.


												
	CATERPILLAR INC.
	
	  /s/ Cheryl H. Johnson
	
	Cheryl H. Johnson
	Chief Human Resources Officer




			
	

2
David Junior LOPEZ, Appellant, v. STATE of Florida, Appellee.

Case No. 5D16-4033

District Court of Appeal of Florida, Fifth District.

Decision filed October 24, 2017

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Product Packaging

[ CBI ]
Keflyn Dale RICE, Jr., Appellant, v. STATE of Florida, Appellee.

No. 1D17-1295

District Court of Appeal of Florida, First District.

January 10, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Wilfred LOUIS a/k/a Valness Jean-Chattles, Appellant, v. STATE of Florida, Appellee.

No. 4D17-2612

District Court of Appeal of Florida, Fourth District.

[March 7, 2018]

Wilfred Louis a/k/a Valness Jean-Chattles, Mayo, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Melanie Dale Surber, Senior Assistant Attorney General, West Palm Beach, for appellee.

Per Curiam.

Wilfred Louis appeals the summary denial of a rule 3.850 motion for postconviction relief. We agree with appellant that the trial court erred in denying his claim of newly discovered evidence without an evidentiary hearing. *See**Nordelo v. State* , 93 So.3d 178 (Fla. 2012) ; *Barrow v. State* , 940 So.2d 1235 (Fla. 5th DCA 2006).

*Reversed and remanded for further proceedings.*

May, Damoorgian and Ciklin, JJ., concur.
Jonah PARKER, Appellant, v. STATE of Florida, Appellee.

CASE NO. 1D17-1923

District Court of Appeal of Florida, First District.

Opinion filed November 13, 2017.

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Exhibit 32.2



CERTIFICATION PURSUANT TO

18 U.S.C. §1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report on Form 10-Q of Medical Action Industries Inc. (the Company) for the quarter ended September 30,
2005, as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Richard G. Satin, Principal Financial Officer, Vice President of Operations and General Counsel of the Company, certifies, to
the best knowledge and belief of the signatory, pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | ---------------------------------------------------------------------------------------------------------------------



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



|                                                                             
|-----------------------------------------------------------------------------
|                                                                             
|/s/    RICHARD G. SATIN                                                      
|Principal Financial Officer, Vice President of Operations and General Counsel



Date: November 8, 2005
[No. 51803-8-I.

Division One.

May 3, 2004.]

#### The State of Washington, *Respondent,*v. Dewayne West, *Appellant.*

Appeal from a judgment of the Superior Court for King County, No. 02-1-08095-9, Carol A. Schapira, J., entered February 14, 2003. *Affirmed*by unpublished per curiam opinion.
Terry WEAVER, Petitioner, v. Julie L. JONES, Secretary, Florida Department of Corrections, Respondent.

CASE NO. 1D17-0125

District Court of Appeal of Florida, First District.

Opinion filed December 13, 2017

**DECISION WITHOUT PUBLISHED OPINION**

DENIED.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
DATA COMPLETENESS REPORT Sep. 12, 2012 Report Request ID: 1018492 Report Code: AMP430

Selection Criteria Page 1 User ID:KHO

State County City

Site Parameter POC AQCR UAR CBSA CSA EPA Region Method Duration Begin Date End Date 06 007 GEOGRAPHIC SELECTIONS

PROTOCOL SELECTIONS Parameter Classification Parameter Method Duration CRITERIA 88101

SELECTED OPTIONS

OZONE EVALUATION AGENCY ROLE MERGE PDF FILES Option Type Option Value SEASONAL-HOURLY REPORTING YES SORT ORDER

1 2 3 4 5 6 7 Order Column

EPA_REGION STATE_CODE MONITOR_TYPE COUNTY_CODE SITE_ID PARAMETER_CODE POC GLOBAL DATES

2009 Start Date End Date 2009 01 12 Tribal CodeSep. 12, 2012 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

AIR QUALITY SYSTEM DATA COMPLETENESS REPORT



### Page 1 of 3 MONITORS NOT REPORTINGSep. 12, 2012 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

AIR QUALITY SYSTEM DATA COMPLETENESS REPORT



### Page 2 of 3 DATE RANGE: REGION:(09) SAN FRANCISCO

California MONITOR TYPE: California Air Resources Board SLAMS JAN. 01, 2009 DEC. 31, 2009

THRU

SITE ID CITY ADDRESS PARAMETER POCDURATION METHOD ------------------------------- OBSERVATIONS ------------------------------- NUMBER / PERCENT
06-007-0002 88101PM2.5 - Local Conditions 1 7 Chico 468 MANZANITA AVE, CHICO 117 6 100% 4

100% 5 100% 5 100% 6 100% 5 100% 5

100% 5 100% 5 100% 5

100% 5 100% 4

80% 60

98% MONITORS REPORTING

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YEAR STATE: REP ORG:Sep. 12, 2012 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

AIR QUALITY SYSTEM DATA COMPLETENESS REPORT



### Page 3 of 3 DATE RANGE: REGION:(09) SAN FRANCISCO

California
MONITOR TYPE:

California Air Resources Board SLAMS JAN. 01, 2009 DEC. 31, 2009

THRU

PARAMETER ACTIVE MONITORS # NOT REPORTING # MONITORS > 75% MONITORS AVG COMPLETENESS 88101 PM2.5 - Local Conditions 1 0 1 98.0% 1 0 1 98.0% 1 0 1 98.0% 1 0 1 98.0% 1 0 1 98.0% 1 0 1 98.0% California Air Resources Board California REGION SUMMARY:(09) SAN FRANCISCO REPORT SUMMARY: MT SUMMARY:SLAMS REPORT SUMMARY

STATE:

STATE SUMMARY: REP ORG:

RO SUMMARY:
<PAGE>

                                                                    EXHIBIT 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
          PURSUANT TO RULE 13A-14(B) OR 15D-14(A) UNDER THE SECURITIES
             EXCHANGE ACT OF 1934 AND SECTION 1350 OF CHAPTER 63 OF
                       TITLE 18 OF THE UNITED STATES CODE

      In connection with the Quarterly Report of NGAS Resources, Inc., a British
Columbia corporation (the "Company"), on Form 10-QSB (the "Report") for the
quarter ended March 31, 2005 (the "Reporting Period"), as filed with the
Securities Exchange Commission on the date hereof under the Securities Exchange
Act of 1934, as amended (the "Exchange Act"), the undersigned, William S.
Daugherty, Chairman, Chief Executive Officer and President of the Company,
certifies pursuant to Rule 13a-14(b) under the Exchange Act and Section 1350 of
Chapter 63 of Title 18 of the United States Code, that:

      1. The Report fully complies with the requirements of Section 13(a) of the
Exchange Act; and

      2. The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company as of the dates and for the periods reported therein.

/s/ William S. Daugherty

William S. Daugherty
Chairman, Chief Executive Officer and President
May 10, 2005
Nathan Pool

102 Fairway DR. Enterprise, AL, 36330 (904) 607
- 1568 Nathanpool99@gmail.com
Summary: The Petitioner is seeking exemption for the purpose of aerial videography/photography, data collection, and real estate use. Exemption: An exemption from 91.7(a), 91.119, 91.121, 91.151(a), 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR) as was granted to Mr. Wade Bell in Exemption No. 11409 . The UAS 1. DJI PHANTOM 3 2. Using an advanced array of senso rs drone will remain aloft and in a safe, stable position. 3. 1280 Grams 4. Controller utilizes 2.400 GHz
- 2.483 GHz ( Complies with FCC and CE standards) Flight limitations 1. Pre
- Flight Check required for every flight. 2. PIC will be responsible for ensuring any p eople nearby are aware of the UAS operation. 3. Horizontal speed shall not exceed 16 M/s 4. Altitude shall not exceed 100 Meters (333 Feet) 5. Flight shall not take place over roadways, private property (without prior consent), or any other restricted areas or oth er areas where there significant potential danger to the operator, bystanders, or private property. 6. A spotter will be utilized at all times. 7. UAS must be visible by unaided eye at all times, night flights will not be allowed. 8. An Additional spotter will be used to identify any potentially dangerous situations (including but not limited to: group of people converging underneath UAS or approaching aircraft.) 9. Operation will be at least 500 vertical feet from any clouds and 2000 horizontal feet. 10. Operate at least 5 miles from any airport.11. Comply with all additional mandates set by the FAA and limitations set by manufacturer.

12. Return and land with at least 25% of original battery remaining. 13. Have a contingency plan in the event of an engine failure. Pre
- Flight Check to Include 1. Ensure UAS is in full operational condition (check all connections, ensure blades are secure) 2. Ensure battery is fully charged and secured. 3. Ensure controller is in full operational order. 4. Check area for any potential hazards.

PIC Requi rements 1. Must be at least 16, with an adult over 18 site at all times. 2. Be able to maintain visual contact with UAS at all times. 3. Must read all materials provided by DJI regarding safe use of drone prior to flight. 4. Have an up to date medical physical.

By granting this exemption I will be able to provide safe, low
-cost aerial imaging services to local farmers, relators, or even photography studios. These images can help survey fields, identify potential dangers on property (ie: a roof that is too dangerous to walk on) or provide a unique perspective for weddings, family reunions, etc. I will ensure that my UAS is within safe operation guidelines at all times, and that I abide by all guidelines set by the FAA.

Sincerely, Nathan Pool
```

[Federal Register: October 4, 2010 (Volume 75, Number 191)]
[Notices]               
[Page 61238-61239]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04oc10-82]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice 7193]

 
Culturally Significant Objects Imported for Exhibition 
Determinations: ``Expanding the Story With Four Greek Vases''

SUMMARY: Notice is hereby given of the following determinations: 
Pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 
1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 
Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, and Delegation of Authority No. 
236-3 of August 28, 2000, I hereby determine that the objects to be 
included in the exhibition ``Expanding the Story with Four Greek 
Vases,'' imported from abroad for temporary exhibition within the 
United States, are of cultural significance. The objects are imported 
pursuant to a loan agreement with the foreign owner or custodian. I 
also determine that the exhibition or

[[Page 61239]]

display of the exhibit objects at the Art Institute of Chicago, 
Chicago, Illinois, from on or about October 18, 2010, until on or about 
September 30, 2013, and at possible additional exhibitions or venues 
yet to be determined, is in the national interest. I have ordered that 
Public Notice of these Determinations be published in the Federal 
Register.

FOR FURTHER INFORMATION CONTACT: For further information, including a 
list of the exhibit objects, contact Paul W. Manning, Attorney-Adviser, 
Office of the Legal Adviser, U.S. Department of State (telephone: 202-
632-6469). The mailing address is U.S. Department of State, SA-5, L/PD, 
Fifth Floor (Suite 5H03), Washington, DC 20522-0505.

    Dated: September 27, 2010.
Ann Stock,
Assistant Secretary, Bureau of Educational and Cultural Affairs, 
Department of State.
[FR Doc. 2010-24989 Filed 10-1-10; 8:45 am]
BILLING CODE 4710-05-P
```
Richard BAGOT, Joan Bagot, Wilson Revelle, Darla Revelle, Mark Guillote, and Lashan Guillote, Individually and on behalf of All Others Similarly Situated v. JAMES HOLDINGS, LLC, Volkert, Inc., Parish of Jefferson and the State of Louisiana through the Louisiana Department of Transportation and Development

NO. 2018-C-0124

Supreme Court of Louisiana.

March 9, 2018

Denied.

HUGHES, J., would grant.

GENOVESE, J., would grant.
[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)]
[Notices]
[Page 1252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00279]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Combined Notice of Filings

    Take notice that the Commission has received the following Natural 
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP18-316-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Facilities Policy to be 
effective 2/2/2018.
    Filed Date: 1/3/18.
    Accession Number: 20180103-5043.
    Comments Due: 5 p.m. ET 1/16/18.

    Docket Numbers: RP18-317-000.
    Applicants: Guardian Pipeline, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate PAL 
Agreement--Koch Energy Serv. LLC to be effective 1/3/2018.
    Filed Date: 1/3/18.
    Accession Number: 20180103-5150.
    Comments Due: 5 p.m. ET 1/16/18.

    Docket Numbers: RP18-318-000.
    Applicants: Alliance Pipeline L.P.
    Description: Sec.  4(d) Rate Filing: Correct Contracted Quantity to 
be effective 11/1/2017.
    Filed Date: 1/3/18.
    Accession Number: 20180103-5159.
    Comments Due: 5 p.m. ET 1/16/18.

    The filings are accessible in the Commission's eLibrary system by 
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above 
proceedings must file in accordance with Rules 211 and 214 of the 
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 
p.m. Eastern time on the specified comment date. Protests may be 
considered, but intervention is necessary to become a party to the 
proceeding.
    eFiling is encouraged. More detailed information relating to filing 
requirements, interventions, protests, service, and qualifying 
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 
(toll free). For TTY, call (202) 502-8659.

    Dated: January 4, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-00279 Filed 1-9-18; 8:45 am]
 BILLING CODE 6717-01-P
Keith R. MURPHY, Appellant, v. STATE of Florida, Appellee.

CASE NO. 1D17-3271

District Court of Appeal of Florida, First District.

Opinion filed October 12, 2017

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Santiago MENDOZA, Appellant, v. STATE of Florida, Appellee.

No. 4D17-3117

District Court of Appeal of Florida, Fourth District.

[November 22, 2017]

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
1

Nesky, Anthony

To: Nesky, Anthony

Subject: FW: Requesting a public hearing

From: Sweeney, Katie [mailto:KSweeney@nma.org]  

Sent: Monday, January 26, 2015 10:18 AM

To: Rosencrantz, Ingrid

Subject: Requesting a public hearing

I would like to request that EPA hold a public hearing on its proposed rule, “Health and Environmental Protection

Standards for Uranium and Thorium Mill Tailings.”  80 Fed. Reg. 4156 (Jan. 26, 2015).  Please let me know if I need to

make a more formal request or if this email will suffice.  I appreciate your assistance.

Katie

Katie Sweeney 

Senior Vice President, Legal Affairs & General Counsel 

National Mining Association

101 Constitution Avenue, NW 

Suite 500 East 

Washington, DC 20001 

(202) 463-2627 

ksweeney@nma.org
Fernando Ivan HINESTROZA, Appellant, v. STATE of Florida, Appellee.

No. 4D16-2925

District Court of Appeal of Florida, Fourth District.

November 9, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Regis Reymon MADISON, Appellant, v. STATE of Florida, Appellee.

No. 1D17-2583

District Court of Appeal of Florida, First District.

January 10, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.