alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

No. 98-1410

KLAUS P. NEUMANN, APPELLANT,

V.

ANTHONY J. PRINCIPI,

SECRETARY OF VETERANS AFFAIRS, APPELLEE.

Before KRAMER, Chief Judge, and FARLEY and HOLDAWAY, Judges.

O R D E R

In a panel opinion dated July 21, 2000, Neumann v. West, 14 Vet.App. 12 (2000), the Court

affirmed that part of the July 15, 1998, decision of the Board of Veterans' Appeals (Board) that

denied the appellant's claims to establish service connection for cubital tunnel syndrome, a skin

disorder, and a perception or coordination disorder. Judgment was entered on August 14, 2000. The

appellant subsequently perfected an appeal to the United States Court of Appeals for the Federal

Circuit (Federal Circuit). In an order dated February 20, 2001, the Federal Circuit remanded the

appeal to this Court to consider the application of the recently enacted Veterans Claims Assistance

Act of 2000 (VCAA), Pub. L. No. 106-475, 114 Stat. 2096 (Nov. 9, 2000). In addition, the Federal

Circuit denied the appellant's motion to vacate this Court's July 2000 opinion with instructions for

this Court to remand his claim to the Board. The Federal Circuit stated that it was more appropriate

for the appellant to request such relief from this Court on remand.

Among other things, the VCAA eliminated the well-grounded-claim requirement and

modified the Secretary's duties to notify and assist claimants. See generally VCAA, §§ 3, 4, 7; see

also Holliday v. Principi, __ Vet.App. __, __, No. 99-1788, slip op. at 6-9 (Feb. 22, 2001) (holding

all sections of VCAA are retroactive). In Karnas v. Derwinski, 1 Vet.App. 308, 312-13 (1991), this

Court held that where a statute or regulation changes during the appellate process, unless Congress

has provided otherwise, the version most favorable to the claimant shall apply. It is not the function

of this Court to determine in the first instance which version of the law is most favorable to the

claimant. See Baker v. West, 11 Vet.App. 163 (1998); Dudnick v. Brown, 10 Vet.App. 79 (1997).

Thus, a remand is required for the Board to make this determination. Accordingly, the Court will

recall the August 2000 judgment and will withdraw its July 21, 2000, opinion and issue this order

in its stead.

On remand, the appellant is free to submit additional evidence and argument necessary to the

resolution of his claims. Kutscherousky v. West, 12 Vet.App. 369, 372 (1999) (per curiam order).

The Board shall proceed expeditiously. See Veterans' Benefits Improvement Act, Pub. L. No. 103-

446, § 302, 108 Stat. 4645, 4658 (1994) (found at 38 U.S.C. § 5101 note) (requiring Secretary to
2

provide for "expeditious treatment" of claims remanded by Board or Court); Drosky v. Brown,

10 Vet.App. 251, 257 (1997).

Upon consideration of the foregoing, it is

ORDERED that the August 14, 2000, judgment is recalled. It is further

ORDERED that the Court's July 21, 2000, opinion is withdrawn. It is further

ORDERED that the July 15, 1998, Board decision is VACATED and the matters are

REMANDED to the Board for readjudication.

DATED: April 2, 2001 PER CURIAM.
<TABLE> <S> <C>


<ARTICLE>                                5
       
<S>                                      <C>
<PERIOD-TYPE>                                                                3-MOS
<FISCAL-YEAR-END>                                                      JUL-26-1998
<PERIOD-END>                                                           OCT-25-1998
<CASH>                                                                   9,013,000
<SECURITIES>                                                                     0
<RECEIVABLES>                                                            6,327,000
<ALLOWANCES>                                                                     0
<INVENTORY>                                                             13,296,000
<CURRENT-ASSETS>                                                        40,534,000
<PP&E>                                                                 537,722,000
<DEPRECIATION>                                                                   0
<TOTAL-ASSETS>                                                         807,726,000
<CURRENT-LIABILITIES>                                                  158,398,000
<BONDS>                                                                127,539,000
<PREFERRED-MANDATORY>                                                   40,523,000
<PREFERRED>                                                                      0
<COMMON>                                                                   303,000
<OTHER-SE>                                                             247,633,000
<TOTAL-LIABILITY-AND-EQUITY>                                           807,726,000
<SALES>                                                                  4,485,000
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<CGS>                                                                    3,963,000
<TOTAL-COSTS>                                                           39,100,000
<OTHER-EXPENSES>                                                         2,709,000
<LOSS-PROVISION>                                                                 0
<INTEREST-EXPENSE>                                                       8,930,000
<INCOME-PRETAX>                                                       (29,782,000)
<INCOME-TAX>                                                          (10,573,000)
<INCOME-CONTINUING>                                                   (19,209,000)
<DISCONTINUED>                                                                   0
<EXTRAORDINARY>                                                                  0
<CHANGES>                                                                        0
<NET-INCOME>                                                          (20,268,000)
<EPS-PRIMARY>                                                               (0.63)
<EPS-DILUTED>                                                               (0.63)
        

</TABLE>
Exhibit 99(.1) Certification Pursuant to
               Section 906 of the Sarbanes-Oxley Act of 2002 by
                  James S. Osterman, Chief Executive Officer



          In connection with the Quarterly Report of Blount International,
Inc. (the "Company") on Form 10-Q for the period ending September 30, 2002 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, James S. Osterman, Chief Executive Officer of the Company,
certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, that:

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

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




/s/ James S. Osterman
James S. Osterman
President and Chief Executive Officer
November 14, 2002
EXHIBIT 32.1
                           SECTION 1350 CERTIFICATION

                           CERTIFICATION PURSUANT TO\
                 13 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 Enviro Voraxial Technology,
Inc. (the "Company") on Form 10-QSB for the period ended March 31, 2006 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Alberto DiBella, Chief Executive Officer and Principal Financial Officer of
the Company, certify, pursuant to 13 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 results of operations of the
Company.


Date: May 19, 2006


/s/ Alberto DiBella
-------------------
Alberto DiBella
Chief Executive Officer and Principal Financial Officer
##### Table of Contents



SECURITIES AND EXCHANGE COMMISSION
 Washington, D.C. 20549
 
 FORM 40-F
 þ
    
    REGISTRATION STATEMENT PURSUANT TO SECTION 12(B) OR (G) OF THE
SECURITIES EXCHANGE ACT OF 1934
 OR
 o
    
    ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934
 FOR THE FISCAL YEAR ENDED DECEMBER 31, 2005
    
    COMMISSION FILE NUMBER 000-31815
 
 HYDROGENICS CORPORATION
 (Exact name of Registrant as specified in its charter)
 Canada  (Province or other jurisdiction of incorporation or organization)
 3629  (Primary Standard Industrial Classification Code Number (if applicable))
 Not applicable  (I.R.S. Employer Identification Number (if applicable))
 5985 McLaughlin Road, Mississauga, Ontario, Canada L5R 1B8, (905) 361-3660  (Address and telephone number of Registrants principal executive offices)
 CT Corporation System, 111 Eighth Avenue, New York, New York 10011, (212) 894-8400  (Name, address (including zip code) and telephone number (including area
code) of agent for service in the United States)
   Common shares
   þ þ
  At December 31, 2004, 91,679,670 common shares were issued and outstanding
 
  o þ
  þ o




---



##### Table of Contents



Sarbanes-Oxley Act of 2002 www.hydrogenics.com
 -2-




---



##### Table of Contents



2004
    
    
    2005(in thousands)(unaudited)Audit fees
    
    
    570,073
    
    
    
    466,133Audit-related fees
    
    
    25,293
    
    
    
    20,625Tax fees
    
    
    69,962
    
    
    
    18,975All other fees
    
    
    28,666
    
    
    NilTotal
    
    
    693,994
    
    
    
    505,733
 Audit Fees
  Audit-related fees
  Tax fees
  Other fees
     -3-




---



##### Table of Contents



-4-




---



TABLE OF CONTENTS  SIGNATURESEXHIBITSEX-99.1: CONSOLIDATED FINANCIAL STATEMENTSEX-99.2: MANAGEMENT'S DISCUSSION AND ANALYSISEX-99.3: RENEWAL ANNUAL INFORMATIONEX-99.4: CONSENT OF PRICEWATERHOUSECOOPERS LLPEX-99.5: CERTIFICATIONEX-99.6: CERTIFICATIONEX-99.7: CERTIFICATIONEX-99.8: CERTIFICATION    Table of Contents  
   HYDROGENICS CORPORATIONBy:
    
    /s/ Pierre RivardPierre RivardPresident, Chief Executive Officer and Director




---



##### Table of Contents



Exhibit
    
    Description99.1
    
    Consolidated Financial Statements for the Year Ended December 31, 2005.99.2
    
    Managements Discussion and Analysis for the year ended December 31, 2005.99.3
    
    Renewal Annual Information Form for the year ended December 31, 2005.99.4
    
    Consent of PricewaterhouseCoopers LLP.99.5
    
    Certification of Chief Executive Officer of the Registrant pursuant to Section 302 of the
Sarbanes-Oxley Act of 2002.99.6
    
    Certification of Chief Financial Officer of the Registrant pursuant to Section 302 of the
Sarbanes-Oxley Act of 2002.99.7
    
    Certification of Chief Executive Officer of the Registrant pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002.99.8
    
    Certification of Chief Financial Officer of the Registrant pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002.
#### Myron F. Kettle, Respondent, v Sweet Home Central School District, Appellant and Third-Party Plaintiff. General Coatings Incorporated, Third-Party Defendant-Appellant.

Order unanimously reversed on the law without costs and plaintiff’s motion denied. Memorandum: The court erred in granting plaintiff’s motion to amend the complaint to add a derivative cause of action on behalf of his wife.

Following an injury sustained when he fell off the roof of a school building owned by defendant Sweet Home Central School District, plaintiff served a notice of claim dated October 7, 1983, advising defendant of a claim for personal injuries *957sustained by plaintiff and also of a derivative claim on behalf of plaintiff’s wife. On October 4, 1984, just within the one-year-and-90-day Statute of Limitations, plaintiff served a summons and complaint on defendant. The complaint did not include a derivative cause of action on behalf of plaintiff’s wife. Three and one-half years later, plaintiff sought an order permitting him to serve an amended complaint to add a derivative cause of action on behalf of his wife.

An action against a municipality for negligence must be commenced within one year and 90 days; therefore, plaintiff’s wife’s derivative cause of action for loss of services was time barred. Plaintiff’s wife was not a party to the action as commenced and the pleadings gave no notice that she would be asserting a claim. Thus, her cause of action could not relate back to the time the action was commenced (CPLR 203 [e]; *see, Clausell v Ullman,*141 AD2d 690; *Laudico v Sears, Roebuck & Co.,*125 AD2d 960, 961).

Plaintiff’s argument that the filing of a notice of claim, which included a derivative claim on behalf of his wife, gave defendant sufficient notice is unavailing. A notice of claim is not a pleading. We further add that plaintiff has failed to provide a reasonable excuse for the inordinate delay in seeking an amendment of the complaint. (Appeal from order of Supreme Court, Erie County, Doyle, J. — amend complaint.) Present — Doerr, J. P., Denman, Boomer, Balio and Lawton, JJ.
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

May 27, 2008 Clifford W. Taylor, Chief Justice
135791 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, Robert P. Young, Jr. Stephen J. Markman, Justices

v SC: 135791 COA: 273693 Eaton CC: 05-020559-FC BRANDON DESHAWN JOHNSON, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application fo r leave to appeal the December 27, 2007 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the question presented s hould be reviewed by this Court.

t0519 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

May 27, 2008

Clerk
1985

Committee on Rules of Practice and Procedure

Edward T. Gignoux, Chairman 

Edward H. Hickey 

Walter E. Hoffman 

Arnalya L. Kearse 

Wayne LaFave 

Gael Mahoney 

Walter R. Mansfield 

Wade McCree 

Daniel R. Coquillette, Reporter 

Advisory Committee on Appellate Rules

Pierce Lively, Chairman 

Joseph W. Hatchett 

Rex E. Lee 

Vincent McKusick 

Edward D. Re 

Ira C. Rothgerber 

Edward A. Tamm 

Eugene A. Wright 

Kenneth H. Ripple, Reporter 

Advisory Committee on Bankruptcy Rules

Morey L. Sear, Chairman 

Norman W. Black 

Franklin T. Dupree, Jr. 

Joel M. Flaum 

Robert Watson Foster 

Lloyd D. George 

Lawrence P. King 

Beryl E. McGuire 

Norman H. Nachman 

Joseph Patchan 

Thomas A. Wiseman 

Walter J. Taggart, Reporter 

Advisory Committee on Civil Rules

Frank M. Johnson, Jr., Chairman 

David J. Anderson 

Reece Bader 
John F. Grady 

Larrine Holbrooke 

William T. Kirby 

Arthur L. Liman 

Mariana R. Pfaelzer 

Maurice Rosenberg 

Walter Jay Skinner 

Joseph F. Weis, Jr. 

Charles E. Wiggins 

Arthur R. Miller, Reporter 

Advisory Committee on the Criminal Rules

Frederick B. Lacey, Chairman 

Sherman G. Finesilver 

Richard A. Green. 

JaWms F. Hewitt 

Williar L. Hungate 

Herbert J. Miller 

Leland C. Nielsen 

William C. O'Kelley 

Leon Silverman 

Stephen S. Trott 

Stephen A. Saltzburg, Reporter
Exhibit 99.1





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 Quarterly Report of Active Power, Inc. (the Company) on Form 10-Q for the period ending June 30, 2002 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Joseph F. Pinkerton, III, Chairman of the Board and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:





|(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.
|--- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------







August 9, 2002

/S/    JOSEPH F. PINKERTON, IIIJoseph F. Pinkerton, III Chairman of the Board and Chief Executive Officer







1
#### The People of the State of New York, Respondent, v Vernell Felton, Appellant.

by the defendant from a judgment of the County Court, Nassau County (Thorpe, J.), rendered December 9, 1982, convicting her of assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The evidence, when viewed in a light most favorable to the People, was sufficient as a matter of law to support the defendant’s conviction *(see, People v Malizia,*62 NY2d 755, *cert denied*469 US 932; *People v Contes,*60 NY2d 620). Moreover, upon the exercise of our factual review power, we are satisfied that the defendant’s guilt was established beyond a reasonable doubt and the verdict was not against the weight of the evidence (CPL 470.15 [5]). In particular, the record contains sufficient evidence of physical injury *(see,*Penal Law § 10.00 [9]) to support the conviction of assault in the second degree *(see,*Penal Law § 120.05 [7]; *People v Singleton,*121 AD2d 752, *lv denied*68 NY2d 918).

Because the defendant asserted the defense of justification, the trial court erred in restricting her testimony as to her state of mind at the time of the alleged assault *(see, People v Miller,*39 NY2d 543, 548; *People v Rivera,*101 AD2d 981, *affd 65*NY2d 661; *People v Desmond,*93 AD2d 822). However, inasmuch as the defendant was permitted to testify that the complainant approached her in a threatening manner, and that she lifted her arms to block the complainant, "the precluded testimony was cumulative to that heard by the jury, which was able to consider the justification defense with knowledge of defendant’s state of mind at the pertinent time” *(People v Rivera, supra,*at 982). Accordingly, the error was harmless *(see, People v Crimmins,*36 NY2d 230; *People v Rivera, supra).*

*233The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Bracken, J. P., Niehoff, Kooper and Sullivan, JJ., concur.
[Federal Register Volume 66, Number 81 (Thursday, April 26, 2001)]
[Notices]
[Page 21003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10358]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Allergy and Infectious Diseases; Notice of 
Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be open to the public as indicated below, with 
attendance limited to space available. Individuals who plan to attend 
and need special assistance, such as sign language interpretation or 
other reasonable accommodations, should notify the Contact Person 
listed below in advance of the 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: Allergy, Immunology, and Transplantation 
Research Committee.
    Date: June 11, 2001.
    Open: 8:30 a.m. to 9 a.m.
    Agenda: Report from Institute staff.
    Place: The Latham Hotel, 3000 M Street, NW., Washington, DC 
2007.
    Closed: 9 a.m. to adjournment.
    Agenda: To review and evaluate grant applications.
    Place: The Latham Hotel, 3000 M Street, NW., Washington, DC 
20007.
    Contact Person: Ken Wasserman, PhD, Scientific Review 
Administrator, Scientific Review Program, Division of Extramural 
Activities, NIAID, NIH, Room 2217, 6700-B Rockledge Drive, MSC 7610, 
Bethesda, MD, 301 496-2550, <a href="/cdn-cgi/l/email-protection#28435f191d115868464140064f475e"><span class="__cf_email__" data-cfemail="cba0bcfafef2bb8ba5a2a3e5aca4bd">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, 
Allergy, Immunology, and Transplantation Research; 93.856, 
Microbiology and Infectious Diseases Research, National Institutes 
of Health, HHS)

    Dated: April 20, 2001.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 01-10358 Filed 4-25-01; 8:45 am]
BILLING CODE 4140-01-M


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```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5882 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5882

    To deauthorize appropriation of funds to carry out the Patient 
 Protection and Affordable Care Act and the Health Care and Education 
                      Reconciliation Act of 2010.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2010

     Mr. Graves of Georgia (for himself, Mr. Price of Georgia, Mr. 
 Westmoreland, Mr. Gingrey of Georgia, Mr. Kingston, and Mr. Broun of 
   Georgia) introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
Ways and Means, Education and Labor, the Judiciary, Natural Resources, 
and House Administration, 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 deauthorize appropriation of funds to carry out the Patient 
 Protection and Affordable Care Act and the Health Care and Education 
                      Reconciliation Act of 2010.

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

SECTION 1. DEAUTHORIZATION OF APPROPRIATIONS TO CARRY OUT PPACA AND 
              HCERA.

    Notwithstanding any other provision of law, no funds are authorized 
to be appropriated to carry out the provisions of the Patient 
Protection and Affordable Care Act (Public Law 111-148), the Health 
Care and Education Reconciliation Act of 2010 (Public Law 111-152), and 
any amendment made by either such Act.
                                 <all>
```