alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### BEACON v. ROGERS.

(Supreme Court, General Term, Fifth Department

June 20, 1894.)

Dismissal of Action—Enticing Defendant within Jurisdiction.

Where defendant was enticed into the state for the purpose of procuring service of summons and complaint, the service of the summons and complaint should be set aside, but it is error to dismiss the action on that ground.

Appeal from special term, Erie county.

Action by Johnston W. Beacon against Lucius Rogers. From a judgment entered on an order vacating and setting aside the service of summons and complaint and order of arrest on defendant, and dismissing the action, with costs, plaintiff appeals. Appeal from judgment dismissed.

Order modified.

Argued before DWIGHT, P. J., and LEWIS, BRADLEY, and HAIGHT, JJ.

Crowley & Riley, for appellant.

William H. Henderson, for respondent.

HAIGHT, J.

The appeals from the judgment and from the order were separately taken, and we have been furnished an appeal book upon each appeal. There was but one action, and both appeals are in that action, and we shall consequently consider them together. The papers show that the defendant was a resident of Smethport, McKean county, Pa.; that he was enticed within this state for the purpose of procuring his arrest and the service of the summons and complaint. The order appealed from properly vacated and set aside the service of the summons, as well as the service of the order of arrest, but it should not have dismissed the action with costs. The summons was properly issued to the sheriff. The order of arrest, we must assume, was obtained upon sufficient papers, and was properly delivered to the sheriff. The service only was improper, because of the enticement of the defendant within the jurisdiction of this court. In Higgins v. Dewey (Com. Pl. N. Y.) 14 N. Y. Supp. 894, and Id. (City Ct. N. Y.) 13 N. Y. Supp. 570, the order set aside the service, and vacated the order of arrest. On appeal the order was reversed, in so far as it vacated the order of arrest. In Metcalf v. Clark, 41 Barb. 45, the special term set aside the summons. On review it was held that the service only should have been set aside. The order contained no direction for the entry of final judgment, and we think the judgment entered was irregular, and that it could have been set aside on motion. The appeal from the order was from the whole thereof. The appellant only succeeds in part. Ho costs should therefore be allowed. The appeal from the judgment should be dismissed, and the judgment vacated, without costs to either party. The appeal from the order should be modified by striking therefrom the clause “and the said action is dismissed, with costs,” and, as 'so modified, affirmed, without costs of this appeal to either party. All concur.
Letter of Continued Employment




 EXHIBIT 10.56 

Pro Acquisition Corporation 
 c/o HD Supply,
Inc. 
 3100 Cumberland Blvd., Suite 1700 

Atlanta, GA 30330 
  

 
 August 10, 2007 

 
 Richard R. Fiechter 

2455 Paces Ferry Road 
 Atlanta, Georgia 30339

  

	 	Re:	Continued Employment with HD Supply, Inc. (Re-executed copy of original) 


Dear Rich: 
 Reference is made
to your letter agreement, dated as of June 5, 2007, with HD Supply, Inc., The Home Depot, Inc. and Home Depot U.S.A., Inc. 

As you know, Pro Acquisition Corporation has entered into an agreement to acquire HD Supply, Inc., from The Home Depot, Inc. This letter
confirms that, upon and subject to the closing of the acquisition, your employment as an at-will employee will continue on the same terms as those in effect prior to closing. Specifically, after closing (i) your base salary and target annual
cash bonus opportunity will be not less than before closing, (ii) your principal place of employment will remain in the same metropolitan area, and (iii) you will report directly to Joe DeAngelo, HD Supply’s Chief Executive Officer.

 In addition, upon and subject to the closing of the acquisition, you will be covered by a severance arrangement that provides
a benefit of at least 12 months’ base salary continuation (at a rate not lower than your base salary on June 5, 2007). 

We appreciate your service to HD Supply, and look forward to working with you in the future. 

Very truly yours, 

/s/ David A. Novak 

Dave A. Novak 

Co-President
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6182 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6182

   To amend the Federal Water Pollution Control Act to authorize the 
Administrator of the Environmental Protection Agency to make additional 
capitalization grants to the water pollution control revolving funds of 
               States that adopt smart growth principles.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 22, 2010

 Mr. Kratovil introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
   To amend the Federal Water Pollution Control Act to authorize the 
Administrator of the Environmental Protection Agency to make additional 
capitalization grants to the water pollution control revolving funds of 
               States that adopt smart growth principles.

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

SECTION 1. SMART GROWTH ALLOTMENTS.

    Section 604 of the Federal Water Pollution Control Act (33 U.S.C. 
1384) is amended by adding at the end the following:
    ``(d) Smart Growth Allotments.--
            ``(1) In general.--In addition to making capitalization 
        grants under section 601(a) for a fiscal year, the 
        Administrator shall make available funds for distribution among 
        eligible States under a formula to be determined by the 
        Administrator.
            ``(2) Use of funds.--Funds distributed to a State under 
        paragraph (1) shall be available to the State for the purposes 
        described in section 601(a) and shall be subject to the same 
        terms and conditions as apply to capitalization grants made 
        under that section.
            ``(3) Eligible states.--In this subsection, the term 
        `eligible State' means a State that has adopted smart growth 
        principles, as determined by the Administrator.
            ``(4) Authorization of appropriations.--There is authorized 
        to be appropriated for fiscal year 2011, and each fiscal year 
        thereafter, to carry out this subsection a sum equal to 5 
        percent of the amount made available for capitalization grants 
        under section 601(a) for the fiscal year.''.
                                 <all>
```
Exhibit 13.1

Certification pursuant to Section 906 Sarbanes Oxley Act by the Chief Executive Officer of Telecom Italia Media S.p.A.

The certification set forth below is being submitted in connection with Amendment No. 1 to the Annual Report on Form 20-F/A (the Report) for the period ending December 31, 2005 of Telecom Italia
Media S.p.A. (the Company) as filed with the Securities and Exchange Commission on June 30, 2006 for the purpose of complying with Rule 13a-14(b) or Rule 15d-14(b) of the Securities Exchange Act of 1934 (the Exchange Act) and
Section 1350 of Chapter 63 of Title 18 of the United States Code.

Enrico Parazzini, the Chief Executive Officer of Telecom Italia Media S.p.A., certifies that, to the best of his knowledge:

1. the Report fully complies with the requirements of Section 13(a) or 15(d) of the 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 Telecom Italia Media S.p.A

|                                 |     |                      |                  
|-------------------------------- | --- | -------------------- | -----------------
|                                 |     |                      |                  
|                                 | By: | /s/ Enrico Parazzini
|                                 |     |                     
|                                 |     | Name:                | Enrico Parazzini 
|                                 |     | Title:               | Managing Director
|Date: September 28,
        2006 |     |                      |                  

---
I 

114TH CONGRESS 

1ST SESSION H. R. 2624 

To amend title XVIII of the Social Security Act to allow for fair application 

of the exceptions process for drugs in tiers in formularies in prescription 

drug plans under Medicare part D, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 3, 2015 

Mr. JOHNSON of Georgia (for himself and Mr. MCKINLEY) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title XVIII of the Social Security Act to allow 

for fair application of the exceptions process for drugs 

in tiers in formularies in prescription drug plans under 

Medicare part D, 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 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Part D Beneficiary 

5 Appeals Fairness Act’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
2 

•HR 2624 IH

1 SEC. 2. FAIR EXCEPTIONS PROCESS FOR DRUG IN TIERS 

2 UNDER MEDICARE PART D. 

3 Section 1860D–4(g)(2) of the Social Security Act (42 

4 U.S.C. 1395w–103(g)(2)) is amended— 

5 (1) in the first sentence— 

6 (A) by striking ‘‘for tiered cost-sharing for 

7 drugs included within a formulary and’’ and in8 serting ‘‘for any tiered cost-sharing structure 

9 within a formulary (including a structure that’’; 

10 and 

11 (B) by inserting ‘‘, or provides for different 

12 co-payment or coinsurance amounts for drugs 

13 in different tiers included within the for14 mulary)’’ before ‘‘, a part D eligible individual’’; 

15 (2) in the second sentence, by inserting ‘‘in any 

16 plan formulary’’ before ‘‘could be covered’’; and 

17 (3) by inserting the following before the last 

18 sentence: ‘‘In no case may the Secretary allow a 

19 PDP sponsor to make any formulary tier of the 

20 tiered cost-sharing structure (including a formulary 

21 tier used for very high cost or unique items) ineli22 gible for lower-cost sharing through an exception 

23 under this paragraph.’’. 

Æ 


rfrederick on DSK6VPTVN1PROD with BILLS
**EXHIBIT 31.1**

 

**CERTIFICATIONS**

 

I, Mak Wai Keung, Shawn, certify that:

 

1.               I have reviewedthis quarterly report on Form 10-QSB of Centiv, Inc;

 

2.               Based on myknowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

 

3.               Based on myknowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the small business issuer asof, and for, the periods presented in this report;

 

4.               The Company’s othercertifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) [language omitted pursuant to SEC Release 34-47986] for theCompany and have:

 

(a)     Designed such disclosurecontrols and procedures, or caused such disclosure controls and procedures tobe designed under our supervision, to ensure that material information relatingto the Company, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which thisreport is being prepared;

 

(b)     [Omitted pursuant to SECRelease 34-47986];

 

(c)     Evaluated the effectivenessof the Company’s disclosure controls and procedures and presented in this reportour conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on suchevaluation; and

 

(d)             Disclosed in thisreport any change in the Company’s internal control over financial reportingthat occurred during the Company’s most recent fiscal quarter that hasmaterially affected, or is reasonably likely to materially affect, theCompany’s internal control over financial reporting; and

 

5.               The Company’s othercertifying officer and I have disclosed, based on our most recent evaluation ofinternal control over financial reporting, to the Company’s auditors and theaudit committee of the Company’s board of directors (or persons performing theequivalent functions):

 

(a)     All significant deficienciesand material weaknesses in the design or operation of internal control overfinancial reporting which are reasonably likely to adversely affect theCompany’s to record, process, summarize and report financial information; and

 

(b)     Any fraud, whether or notmaterial, that involves management or other employees who have a significantrole in the Company’s internal control over financial reporting.

 
| Date: May 18, 2004                               |
|--------------------------------------------------|
|                                             |
|                                             |
| /s/ Mak Wai Keung, Shawn                         |   |   |
| President, Chief Executive Officer, and Director |

 

1

----
[Federal Register Volume 66, Number 81 (Thursday, April 26, 2001)]
[Notices]
[Page 20996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10396]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

[Program Announcement No. ACYF-PA-HS-2001-05B]


Fiscal Year 2001 Discretionary Announcement of the Availability 
of Funds and Request for Applications for Nationwide Expansion 
Competition of Early Head Start; Correction

AGENCY: Administration on Children, Youth and Families, ACF, DHHS.

ACTION: Correction.

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

SUMMARY: This document contains a correction to the Notice that was 
published in the Federal Register on March 7, 2001.
    On page 13760, in the State of New York, delete the County of 
``Seneca'', and in the Service Area Column delete ``Entire County''. 
All of the County is open to competition to establish Early Head Start 
programs.
    The due date will be extended for applications from this county 
only. Applications from Seneca County are due by 5 p.m. EDT on May 29, 
2001. The application should be submitted to: Early Head Start 
Nationwide Expansion Competition, ACYF Operations Center, 1815 North 
Fort Myer Drive, Suite 300, Arlington, Virginia 22209.
    All other applications are still due by 5 p.m. EDT on May 7, 2001.
    On page 13755, in the State of Maine, in the County column, delete 
``Southern Oxford'' and replace it with ``Oxford'' and in the Service 
Area Column, delete ``South Paris, Buckfield, Summer, Hartford'' and 
replace it with ``Entire County''.
    On page 13766, in the State of Washington, in the County Column, 
after ``Spokane'' add the County of ``Walla Walla'', and in the Service 
Area Column, add ``The city of Walla Walla, Farm Labor Homes Community 
and College Place''.

FOR FURTHER INFORMATION CONTACT: The ACYF Operations Center at 1-800-
351-2293 or send an email to <a href="/cdn-cgi/l/email-protection#25404d56654946424b40510b464a48"><span class="__cf_email__" data-cfemail="3e5b564d7e525d59505b4a105d5153">[email protected]</span></a>. You can also contact 
Sherri Ash, Early Head Start, Head Start Bureau at (202) 205-8562.

    Dated: April 20, 2001.
Gail E. Collins,
Acting Deputy Commissioner, Administration on Children, Youth and 
Families.
[FR Doc. 01-10396 Filed 4-25-01; 8:45 am]
BILLING CODE 4184-01-M


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</html>
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 Iron Eagle Group, Inc. (the
"Company") on Form 10-Q for the quarter ended March 31, 2010 as filed
with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Michael J. Bovalino, Chief Executive Officer of the
Company, 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 the Report fairly presents,
in all material respects, the financial condition and result of
operations of the Company.

/s/Michael J. Bovalino
-----------------------------
Michael J. Bovalino
Chief Executive Officer

May 20, 2010


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 Iron Eagle Group, Inc. (the
"Company") on Form 10-Q for the quarter ended March 31, 2010 as filed
with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Eric Hoffman, Chief Financial Officer of the Company,
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 the Report fairly presents,
in all material respects, the financial condition and result of
operations of the Company.

/s/Eric Hoffman
-----------------------------
Eric Hoffman
Chief Financial Officer

May 20, 2010
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 this Yearly Report of Goldspring, Inc. (the "Company") on
Form 10-KSB for the year ending December 31, 2003, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, John Cook, Chief
Executive Officer of the Company, certifies to the best of his knowledge,
pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 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.


March 26, 2004                                   /s/ John Cook
                                                 ----------------------------
                                                     John Cook
                                                     Chief Executive Officer


                                                                              27
Exhibit 32.1



COMPUTER ACCESS TECHNOLOGY CORPORATION



CERTIFICATION



In connection with the annual report of Computer Access Technology Corporation (the Company) on Form 10-K for the period ended December 31,
2003, as filed with the Securities and Exchange Commission (the Report), I, Dan Wilnai, Chief Executive Officer and Chairman of the Board of Directors of the Company, hereby certify as of the date hereof, solely for purposes of Title 18,
Chapter 63, Section 1350 of the United States of America Code, that to the best of my knowledge:



(1) the Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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 at the dates and for the periods indicated.



A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature
that appears in typed form within the electronic version 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.



This Certification has not been, and shall not
be deemed, filed with the Securities and Exchange Commission.



|      |  |                   |  |  |  |     |  |                                                                          
|----- |  | ----------------- |  |  |  | --- |  | -------------------------------------------------------------------------
|Date: |  | February 20, 2004 |  |  |  | By: |  | /s/    DAN WILNAI                                                        
|      |  |                   |  |  |  |     |  | Dan Wilnai Chief Executive Officer and Chairman of the Board of Directors
Exhibit 31.2

Certification of Chief Financial Officer of Ixia pursuant to

Rule
13a-14(a) under the Exchange Act,

as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002

I, Thomas B. Miller, certify that:



| | 1. | I have reviewed this Annual Report on Form 10-K/A of Ixia; and
| | -- | --------------------------------------------------------------



| | 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;
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |                                         
|-------------------- |  | ----------------------------------------
|Date: April 30, 2013 |  | /s/ Thomas B. Miller                    
|                     |  | Thomas B. Miller Chief Financial Officer
# STATE OF LOUISIANA



# COURTOFAPPEAL,FIRSTCIRCUIT STATE OF LOUISIANA VERSUS 

### ANDREW JEROME FRANCIS NO. 

### 2023 KW 0110 

### FEBRUARY 14, 

### 2023 In Re: Andrew Jerome Francis, 

## applying for supervisory writs,



### 21st Judicial District Court, Parish of Livingston, No. 

### 16- FELN- 034750. BEFORE: WELCH, PENZATO, AND LANIER, JJ.

WRIT DENIED. JEW AHP WIL



### COURT OF APPEAL, FIRST CIRCUIT 

# UU)

# uz; ajp DEPUTY CLERK OF COURT

FOR THE COURT