alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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<PAGE>
 
                                                                   EXHIBIT 21

                         SUBSIDIARIES OF THE REGISTRANT


<TABLE>
<CAPTION>
                                               Jurisdiction
           Name of Subsidiary                Of Incorporation      Doing Business As
           ------------------                ----------------      -----------------
<S>                                          <C>                 <C>
First Commonwealth Limited Health                Illinois        First Commonwealth, Inc.
Services Corporation
First Commonwealth of Illinois, Inc.             Illinois        First Commonwealth, Inc.
First Commonwealth Insurance                     Illinois        First Commonwealth, Inc.
Company
First Commonwealth Reinsurance                   Arizona         First Commonwealth, Inc.
Company
First Commonwealth Limited Health               Wisconsin        First Commonwealth, Inc.
Service Corporation
Smileage Dental Services, Inc.                  Wisconsin        First Commonwealth, Inc.
First Commonwealth of Missouri,                  Missouri        First Commonwealth, Inc.
Inc.
</TABLE>
* P ursuant to 5 TH C IR

. 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

______________________

No. 97-41481

______________________

JOSE ANTONIO LOMAS, JR,

Petitioner-Appellant,

versus

GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION

Respondent-Appellee.

Appeal from the United States District Court for the Southern District of Texas

(C-97-CV-331)

October 28, 1998 Before JOLLY, BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM: *

Jose Antonio Lomas, Jr., Texas prisoner #712084, appeals the

dismissal as time-barred of his 28 U.S.C . § 2254 habeas

application. As held today in F ields v. Johnson

,

___ F.3d

___ (5th

Cir. 1998) (No. 98-10012), 28 U.S.C. § 2244(d)(2) extends, pending

pursuit of state post-conviction relief, the one year from the 24

April 1996 effective date of the Antiterrorism and Effective Death

Penalty Act of 1996, Pub. L. No . 104-132, 110 Stat. 1214 (1996)

(AEDPA), within which st ate prisoner federal petitioners such as2

Lom as, whose claims would otherwise have been immediately timebarred on AEDPA’s effective date, must file such applications.

I n June 1991, Lomas was convicted in state court for

retaliation (threatening to kill a police officer) and sentenced to

10 years probation. His conviction was upheld on direct appeal in

April 1992. His probation was revoked in May 1995.

On 3 October 1996, Loma s filed for state habeas relief,

claiming ineffective assistance of counsel. That petition was

denied by the Texas Court of Criminal Appeals on 26 March 1997, 174

days after the initial filing.

On 16 June 1997, Lomas filed for habeas relief in federal

court, pursuant to 28 U.S.C. § 2 254, again claiming ineffective

assistance of counsel. Lomas’ petition was dismissed as timebarred.

Pursuant to Fields , and because Lomas’ state post-conviction

proceeding was pending for 174 days during the year following 24

April 1996, the effective date of AEDPA, Lomas had 174 days past 24

April 1997 in which to file his first § 2254 application. His 16

June 1997 application was filed within that time. Accordingly, we

VACATE the judgment and REMAND for further proceedings.

VACATED AND REMANDED
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
The schedule contains summary financial information extracted from the DSI Toys,
Inc. financial statements as of and for the six months ended July 31, 1998 and 
is qualified in its entirety by reference to such statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JAN-31-1998
<PERIOD-END>                               JUL-31-1998
<CASH>                                         896,809
<SECURITIES>                                         0
<RECEIVABLES>                                8,847,686
<ALLOWANCES>                                (1,059,867)
<INVENTORY>                                  6,613,443
<CURRENT-ASSETS>                            18,644,027
<PP&E>                                       5,334,934
<DEPRECIATION>                              (3,764,118)
<TOTAL-ASSETS>                              22,889,087
<CURRENT-LIABILITIES>                       19,994,378
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        87,190
<OTHER-SE>                                   2,775,709
<TOTAL-LIABILITY-AND-EQUITY>                22,889,087
<SALES>                                     23,450,934
<TOTAL-REVENUES>                            23,450,934
<CGS>                                       18,428,076
<TOTAL-COSTS>                                5,192,626
<OTHER-EXPENSES>                                37,222
<LOSS-PROVISION>                                11,250
<INTEREST-EXPENSE>                             433,187 
<INCOME-PRETAX>                               (565,733)
<INCOME-TAX>                                  (192,349)
<INCOME-CONTINUING>                           (373,384)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (373,384)
<EPS-PRIMARY>                                    (0.06)
<EPS-DILUTED>                                    (0.06)
        

</TABLE>
<PAGE>   1
Exhibit 3.44
                          AMENDED AND RESTATED BY-LAWS

                   AMPRO MEDICAL SERVICES, A TEXAS CORPORATION

                         Adopted as of November 1, 1996

                             ARTICLE I SHAREHOLDERS

         Section 1. Annual Meeting. The annual meeting of the shareholders shall
be held in the month of June in each year or at such other time as shall be
fixed by the Board of Directors, for the purpose of electing directors and for
the transaction of such other business as may come before the meeting.

         Section 2. Notice of Meeting. Written notice stating the place, day and
hour of the meeting and, in case of a special meeting, the purpose or purposes
for which the meeting is called, shall, unless otherwise prescribed by statute,
be delivered not less than ten (10) nor more than sixty (60) days before the
date of the meeting, either personally or by mail, or at the direction of the
president, or the secretary, or the officer or other persons calling the
meeting.

                          ARTICLE II BOARD OF DIRECTORS

         Section 1. Number, Tenure and Qualifications. The number of directors
of the corporation shall be not less than one (1) nor more than four (4) as
established by the Board of Directors from time to time. Each director shall
hold office until the next annual meeting of shareholders and until his
successor shall have been elected and qualified. Directors need not be residents
of the State of Texas or shareholders of the corporation.

         Section 2. Regular and Special Meetings. The Board of Directors may
call regular and special meetings.

                              ARTICLE III OFFICERS

         Section 1. Number. The officers of the corporation shall be a
president, vice president, a secretary and a treasurer, all of whom shall be
elected or appointed by the Board of Directors. Such other officers and
assistant officers as may be deemed necessary may be elected or appointed by the
Board of Directors. Any two or more offices may be held by the same person.

         Section 2. Election and Term of Office. The officers of the corporation
shall be elected annually by the Board of Directors. Each officer shall hold
office until his successor shall have been elected and shall have qualified or
until his death or until he shall resign or shall have been removed in the
manner hereinafter provided.

                             ARTICLE IV FISCAL YEAR

         The fiscal year of the corporation shall begin on the 1st day of
January and end on the 31st day of December in each year.
#### SCHNITZER v. PRICE.

(Supreme Court, Appellate Division, Second Department.

November 22, 1907.)

Brokers—Actions for Compensation—Sufficiency of Evidence.

Where a broker sues for commissions for producing a purchaser able to-purchase on defendant’s terms, one of which was a cash payment of $25,000, evidence that the purchaser’s assets consist of a stock of groceries, the value of which is not shown, and a cause of action against third parties for $10,000 or $12,000 for money loaned, and that he has no funds in his possession, *held*insufficient to show the purchaser’s ability ■to pay $25,000 cash.

[Ed. Note.—For cases in point, see Cent. Dig. vol. 65, Brokers, §§ 116-120.]

Appeal from Trial Term, Kings County.

Action by Barnett Schnitzer against Joseph Price. From a judgment for plaintiff, and an order denying a new trial, defendant appeals.

Argued before JENKS, HOOKER, GAYNOR, RICH, and MILLER, JJ.

Clarence L. Barber, for appellant.

Jacob Gordon, for respondent.

MILLER, J.

This is an action for broker’s commissions. No contract was entered into by the principals, and the only question involved is whether the plaintiff showed that he produced a purchaser able to purchase on the defendant’s terms. One of'the terms was a cash payment of $25,000. The proposed purchaser testified that he had in his possession funds sufficient to carry out the cofitract, but his cross-ex-*768animation showed that his assets consisted of a stock of groceries, the value of which was not shown, and a cause of action for $10,000 or $12,000 against third parties for money loaned, and that he had no funds in his possession.

I think this fell short of proving his ability to pay $25,000 cash, and advise that the judgment and order be reversed. All concur.
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 Secure Computing Corporation (the Company) on Form 10-K for the period ending December 31, 2006 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, John E. McNulty, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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.



|                                               
|-----------------------------------------------
|                                               
|/s/    JOHN E.
MCNULTY                         
|John E. McNulty                                
|Chairman, President and Chief Executive Officer



March 16, 2007
#### Norma Camacho et al., Respondents, v City of New York, Defendant, and Herbert E. Weber et al., Appellants.

[946 NYS2d 597]

In an action to recover damages for personal injuries, etc., the defendants Herbert E. Weber and Jamie Nesbitt Weber appeal from an order of the Supreme Court, Kings County (Ash, J.), dated August 8, 2011, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendants Herbert E. Weber and Jamie Nesbitt Weber for summary judgment dismissing the complaint insofar as asserted against them is granted.

The injured plaintiff allegedly tripped and fell over a sidewalk flag which was raised on one side at the expansion joint. There was a tree located near the site of the alleged defect.

Section 7-210 of the Administrative Code of the City of New York imposes tort liability upon the owner of real property abutting any sidewalk for any injury to property or personal injury proximately caused by the failure of such owner to maintain the sidewalk in a reasonably safe condition *(see*Administrative Code *796of City of NY § 7-210; *Martinez v*Khaimov, 74 AD3d 1031 [2010]). Here, the defendants Herbert Weber and Jamie Nesbitt Weber (hereinafter together the appellants) established, prima facie, their entitlement to judgment as a matter of law by submitting, inter alia, a survey of their property line, which showed that the portion of the sidewalk which contained the alleged defect did not abut their property *(see Montalbano v 136 W. 80 St. CP,*84 AD3d 600 [2011]; *De Garcia v Empire Fasteners, Inc.,*57 AD3d 710 [2008]). In opposition, the plaintiffs failed to raise a triable issue of fact.

In light of our determination, we need not address the merits of the appellants’ remaining contention. Angiolillo, J.P., Eng, Lott and Austin, JJ., concur.
[Federal Register Volume 86, Number 145 (Monday, August 2, 2021)]
[Notices]
[Page 41469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16423]



[[Page 41469]]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2955-011]


City of Watervliet, New York; Notice of Intent To Prepare an 
Environmental Assessment

    On February 28, 2020, the City of Watervliett, New York filed an 
application for a subsequent minor license for the 1.25-megawatt 
Normanskill Hydroelectric Project (Normanskill Project) (FERC No. 
2955). The Normanskill Project is located on the Normans Kill in the 
Town of Guilderland in Albany County, New York. The project is located 
approximately 22.4 river miles upstream of the mouth of the Hudson 
River. The project does not occupy federal land.
    In accordance with the Commission's regulations, on May 11, 2021, 
Commission staff issued a notice that the project was ready for 
environmental analysis (REA notice). Based on the information in the 
record, including comments filed on the REA notice, staff does not 
anticipate that licensing the project would constitute a major federal 
action significantly affecting the quality of the human environment. 
Therefore, staff intends to prepare an Environmental Assessment (EA) on 
the application to license the Normanskill Project.
    The EA will be issued and circulated for review by all interested 
parties. All comments filed on the EA will be analyzed by staff and 
considered in the Commission's final licensing decision.
    The application will be processed according to the following 
schedule. Revisions to the schedule may be made as appropriate.

------------------------------------------------------------------------
               Milestone                            Target date
------------------------------------------------------------------------
Commission issues EA...................  November 2021.\1\
Comments on EA.........................  December 2021.
------------------------------------------------------------------------
\1\ The Council on Environmental Quality's (CEQ) regulations under 40
  CFR 1501.10(b)(1) require that EAs be completed within 1 year of the
  federal action agency's decision to prepare an EA. This notice
  establishes the Commission's intent to prepare an EA for the
  Normanskill Project. Therefore, in accordance with CEQ's regulations,
  the EA must be issued within 1 year of the issuance date of this
  notice.

    Any questions regarding this notice may be directed to Woohee Choi 
at (202) 502-6336 or <a href="/cdn-cgi/l/email-protection#9fe8f0f0f7fafab1fcf7f0f6dff9faedfcb1f8f0e9"><span class="__cf_email__" data-cfemail="a1d6cecec9c4c48fc2c9cec8e1c7c4d3c28fc6ced7">[email protected]</span></a>.

    Dated: July 27, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-16423 Filed 7-30-21; 8:45 am]
BILLING CODE 6717-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1284 Introduced in Senate (IS)]

105th CONGRESS
  1st Session
                                S. 1284

To prohibit construction of any monument, memorial, or other structure 
 at the site of the Iwo Jima Memorial in Arlington, Virginia, and for 
                             other purposes

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 9, 1997

  Mr. Roberts introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
To prohibit construction of any monument, memorial, or other structure 
 at the site of the Iwo Jima Memorial in Arlington, Virginia, and for 
                             other purposes

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

SECTION 1. PROHIBITION OF ADDITIONAL CONSTRUCTION AT IWO JIMA MEMORIAL.

    (a) Prohibition.--No person (including any governmental entity) may 
construct any monument, memorial, or other structure (whether above 
grade or below grade) on the parcel of Federal land that is--
            (1) located south of Rosslyn, Virginia, and north of the 
        Arlington National Cemetery; and
            (2) bounded on the west by Meade Street, on the north by 
        Arlington Boulevard (United States Route 50), on the east by 
        Jefferson Davis Highway (Virginia Route 110), and on the south 
        by Marshall Drive.
    (b) Construction Commenced Before Enactment.--A person (including a 
governmental entity) that commenced construction of a monument, 
memorial, or other structure before the date of enactment of this Act 
on the parcel described in subsection (a) shall--
            (1) immediately cease construction; and
            (2) as promptly as practicable, restore all land affected 
        by the construction to its condition before commencement of 
        construction.
    (c) Existing Memorials and Structures.--Nothing in subsection (a) 
or (b) applies to the United States Marine Corps Memorial (commonly 
known as the ``Iwo Jima Memorial'') or to the Netherlands Carillon.
    (d) Enforcement.--
            (1) Jurisdiction.--A person may bring a civil action in 
        United States district court against any person (including the 
        United States) to enforce subsections (a) and (b).
            (2) Court orders.--The court shall issue such orders as are 
        necessary to restrain any violation of subsection (a) and to 
        enforce subsection (b).
                                 <all>
```
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1355 Introduced in Senate (IS)]

105th CONGRESS
  1st Session
                                S. 1355

    To designate the United States courthouse located in New Haven, 
    Connecticut, as the ``Richard C. Lee United States Courthouse''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 31, 1997

Mr. Lieberman (for himself and Mr. Dodd) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL

 
    To designate the United States courthouse located in New Haven, 
    Connecticut, as the ``Richard C. Lee United States Courthouse''.

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

SECTION 1. DESIGNATION OF RICHARD C. LEE UNITED STATES COURTHOUSE.

    The United States courthouse located in New Haven, Connecticut, 
shall be known and designated as the ``Richard C. Lee United States 
Courthouse''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the United States courthouse referred to 
in section 1 shall be deemed to be a reference to the ``Richard C. Lee 
United States Courthouse''.
                                 <all>
```