alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOTE: This order is nonprecedential.

Wniteb ~tate~ QCourt of §ppeaI~

for tbe jfeberaI ~irtuit

STACY CARSON AND AMY CARSON,

AS LEGAL GUARDIANS FOR KIT CARSON,

Petitioners-Appellants,

v.

SECRETARY OF HEALTH AND HUMAN

SERVICES,

Respondent-Appellee.

2010-5089

Appeal from the United States Court of Federal

Claims in case no. 02-VV-873, Judge Mary Ellen Coster

Williams.

ORDER

The court notes that the parties have not filed a

status report.

The court's February 3,2011 order directed the Secretary to inform this court within 30 days of the disposition

of Cloer how this appeal should proceed.

Upon consideration thereof,

IT Is ORDERED THAT:
CARSON v. HHS 2

The Secretary is directed to file a status report within

14 days of the date of filing of this order. The appellants

may also respond within that time.

FOR THE COURT

DEC 21 2012

Date

cc: David P. Matthews, Esq.

Heather L. Pearlman, Esq.

s21

lsI Jan Horbaly

Jan Horbaly

Clerk

U.s.COURf~~PEALS FOR

THE FEDt:RH r.mCU1T

DEC 21 l012

JANHORBAlY

CLERK
EXHIBIT
32.2





Certification
of Executive Vice President and Chief Operating Officer


Pursuant
to 18 U.S.C. Section 1350, As Adopted


Pursuant
to Section 906 of Sarbanes-Oxley Act of 2002






In
connection with the Quarterly Report on Form 10-Q of Danvers Bancorp, Inc. (the
“Company”) for the three months ended March 31, 2010, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I hereby
certify, to the best knowledge and belief of the signatory, 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 consolidated financial condition and results of operations
      of the Company as of, and for, the period covered by the
      Report.





This
statement is authorized to be attached as an exhibit to the Report so that this
statement will accompany the Report at such time as the Report is filed with the
Securities and Exchange Commission, pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350.  It is not
intended that this statement be deemed to be filed for purposes of the
Securities Exchange Act of 1934, as amended.





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.







Date:           May
10, 2010











/s/
            James
      J. McCarthyJames
      J. McCarthyExecutive
      Vice President and Chief Operating Officer
Exhibit 32.1

 

 

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT CF 2002

 

The following statement is provided by the undersigned to accompany the Form 10-Q for RFMC Global Directional Fund, LP pursuant to 18 U.S.C. Section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002

 

The undersigned certifies in his capacity as an officer of Ruvane Fund Management Corporation, the general partner of RFMC Global Directional Fund, LP, that the foregoing Report on Form 10-Q fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m) and that the information contained in the Form 10-Q fairly presents, in all material            respects, the financial condition and results of operations of RFMC Global Directional Fund, LP, for the period in question.
| Date:  November 19, 2008 |   | By:   /s/   Robert L.                        Lerner                                                       

President, Principal Executive Officer and                        Principal Financial Officer

Ruvane Fund Management Corporationthe general partner of RFMC Global Directional Fund, LP |
|-------------------------------|--------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
Exhibit 32.1

                  CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
                           PURSUANT TO 18 U.S.C. 1350
                 (SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002)

In connection with the Quarterly Report of Red Sun Mining, Inc. (the "Company")
on Form 10-Q for the quarter ended April 30, 2009 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Matthew Taylor,
Chairman 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:

     (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/ Matthew Taylor
------------------------------------
Matthew Taylor
Chairman and Chief Executive Officer
June 8, 2009
Case 1:07-cv-05564-AKH Document 6 Filed 08/08/2007 Page 1 of 3
Case 1:07-cv-05564-AKH Document 6 Filed 08/08/2007 Page 2 of 3
Case 1:07-cv-05564-AKH Document 6 Filed 08/08/2007 Page 3 of 3
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1042 Introduced in House (IH)]

111th CONGRESS
  2d Session
H. RES. 1042

Commending the Boise State University Broncos football team for winning 
                         the 2010 Fiesta Bowl.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 27, 2010

   Mr. Minnick (for himself and Mr. Simpson) submitted the following 
 resolution; which was referred to the Committee on Education and Labor

_______________________________________________________________________

                               RESOLUTION

 
Commending the Boise State University Broncos football team for winning 
                         the 2010 Fiesta Bowl.

Whereas the Boise State University Broncos football team won the 2010 Tostitos 
        Fiesta Bowl, defeating the Texas Christian University Horned Frogs by a 
        score of 17-10 at the University of Phoenix Stadium in Glendale, 
        Arizona, on January 4, 2010;
Whereas the Broncos finished their 2009 season with a flawless 14-0 record and 
        have gone undefeated 3 of their last 4 regular seasons;
Whereas the Broncos' only loss in 2008 was against Texas Christian University in 
        a 1-point nail-biter, making the 2010 Fiesta Bowl victory all the more 
        gratifying for the team;
Whereas Broncos head coach Chris Petersen called for a courageous fake punt play 
        with less than 10 minutes remaining in the game that led to the game-
        winning touchdown;
Whereas Broncos head coach Chris Petersen received the Paul ``Bear'' Bryant 
        Award for the second time in just 4 years, which recognizes the best 
        college football coach in the Nation;
Whereas sophomore quarterback Kellen Moore threw 39 touchdown passes this 
        season, the most for a single season in school history;
Whereas the 2010 Fiesta Bowl victory comes just 3 years after the Broncos' 
        historic Fiesta Bowl victory in 2007;
Whereas the entire Broncos team should be commended for its steadfast resolve, 
        tireless work ethic, and solid sportsmanship;
Whereas the Broncos should be considered serious National Championship 
        contenders next year with 21 of its 22 starters returning to the field, 
        ready to pick up from where they left off; and
Whereas the Broncos have brought great honor to themselves, their university, 
        the city of Boise, and the State of Idaho: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) commends the Boise State University Broncos football 
        team for winning the 2010 Fiesta Bowl; and
            (2) congratulates the team for completing an undefeated, 
        14-0 season.
                                 <all>
```
Exhibit 23

Consent of Independent
Registered Public Accounting Firm

The Board of
Directors
MTS Systems Corporation:

We consent to
the incorporation by reference in the registration statements (Nos. 33-75880,
333-28661, 333-39388, 333-82582 and 333-136113) on Form S-8 of MTS Systems
Corporation and subsidiaries of our reports dated November 25, 2008, with
respect to the consolidated balance sheets of MTS Systems Corporation and
subsidiaries as of September 27, 2008, and September 29, 2007, and the related
consolidated statements of income, shareholders investment and comprehensive
income (loss) and cash flows for each of the years in the three-year period
ended September 27, 2008, and the related financial statement schedule II and
the effectiveness of internal control over financial reporting as of September
27, 2008, which reports appear in the September 27, 2008, annual report on Form
10-K of MTS Systems Corporation and subsidiaries.

/s/ KPMG LLP

Minneapolis,
Minnesota
November 25, 2008

---
# C_2010348EN.01000701.xml

| 21.12.2010 | EN | Official Journal of the European Union | C 348/7 |
| --- | --- | --- | --- |

21.12.2010

EN

Official Journal of the European Union

C 348/7

---

Final report of the Hearing Officer

In Case COMP/C-3/37.792 — Microsoft — Deletion of Article 7 of Commission Decision 2007/53/EC and repealing Commission Decision C(2005) 2988 (1)

1

2010/C 348/07

On 24 March 2004, the Commission adopted Decision 2007/53/EC relating to a proceeding pursuant to Article 82 (EC) and Article 54 of the EEA Agreement against Microsoft Corporation (Case COMP/C-3/37.792 — Microsoft, OJ L 32, 6.2.2007, p. 23).

Article 7 of this decision (the Decision) provides for the establishment of a suitable mechanism to assist the Commission in monitoring Microsoft's compliance with the Decision.

By Decision C(2005) 2988 of 28 July 2005 (Trustee Decision), the Commission established a monitoring mechanism by providing for the appointment, functions and obligations of a Monitoring Trustee. The Trustee's function is to assist the Commission in overseeing compliance with the Decision (2).

2

In its judgment of 17 September 2007, the Court of First Instance (3) upheld the substantive parts of the Decision which Microsoft had appealed. However, the Court annulled Article 7 of the Decision in so far as it orders Microsoft to submit a proposal for the establishment of a mechanism which is to include a monitoring trustee with the power to have access, independently of the Commission, to Microsoft's assistance, information, documents, premises and employees and to the source code of the relevant Microsoft products.

3

The Commission, having come to the conclusion that this monitoring mechanism as established by the Trustee Decision is no longer appropriate for the purpose of monitoring Microsoft's compliance with Decision 2007/53/EC, has informed both Microsoft and the Monitoring Trustee by letter of 28 January 2009 of its intention to ‘delete’ Article 7 of the Decision and to repeal the Trustee Decision.

Microsoft has answered by e-mail of 10 February, without commenting on the intended decision. The Monitoring Trustee has replied by letter of the same date not expressing any opinion upon decisions of the Commission that impact upon the matters being monitored.

In my view, the draft final decision, addressed to Microsoft, contains no elements of law or of fact that had not been set out in the letter sent to Microsoft and the Monitoring Trustee, dated 28 January 2009.

In the light of the above, I consider that the right to be heard of Microsoft and of the Monitoring Trustee have been respected in the present case.

Brussels, 16 February 2009.

Karen WILLIAMS

---

(1)  Pursuant to Articles 15 and 16 of Commission Decision (2001/462/EC, ECSC) of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings (OJ L 162, 19.6.2001, p. 21).

1

(2)  Cf. Article 7 of the Decision and Article 3 of the Trustee Decision.

2

(3)  Case T-201/04, Microsoft v Commission (2007) ECR11-3601.

3

Microsoft

Commission

---
#### STATE v. BLACKMON

No. 466P98

Case below: 130 N.C.App. 692

Petition by defendant for writ of certiorari to review the decision of the North Carolina Court of Appeals denied 30 December 1998. Justice Wynn recused.
```

[Federal Register: March 26, 2001 (Volume 66, Number 58)]
[Notices]
[Page 16446]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26mr01-33]

-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meeting

AGENCY HOLDING THE MEETING: Commodity Futures Trading Commission.

TIME AND DATE: 11:00 a.m., Friday, April 13, 2001.

PLACE: 1155 21st St., N.W., Washington, D.C., 9th Floor Conference
Room.

STATUS: Closed.

MATTERS TO BE CONSIDERED: Surveillance Matters.

CONTACT PERSON FOR MORE INFORMATION: Jean A. Webb, 202-418-5100.

Jean A. Webb,
Secretary of the Commission.
[FR Doc. 01-7536 Filed 3-22-01; 2:39 pm]
BILLING CODE 6351-01-M
```
#### The People of the State of New York ex rel. Narzel Talbert, Appellant, v James T. Conway, Respondent.

Submitted March 22, 2010;

decided May 4, 2010

Motion for leave to appeal dismissed upon the ground that it does not lie from the order of an individual Justice of the Appellate Division *(see*NY Const, art VI, § 3 [b]; CPLR 5602).
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.                  

###### Federal Reserve System

                    The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and                           ( print page 30469)                        § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company.  The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).                

The notices are available for immediate inspection at the Federal Reserve Bank indicated.  The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors.  Comments must be received not later than June 21, 2001.

**A.  Federal Reserve Bank of Atlanta**                     (Cynthia C. Goodwin, Vice President) 104 Marietta Street, N.W., Atlanta, Georgia 30303-2713:                

*1.  Albert McCall Salem, Jr., Mantabs, L.L.C., and Mantabs FCB Trust*, all of Tampa, Florida; to acquire additional voting shares of FCB Financial, Inc., Tampa, Florida, and thereby indirectly acquire additional voting shares of First Commercial Bank of Tampa, Tampa, Florida.                

Board of Governors of the Federal Reserve System, June 1, 2001.

Robert deV. Frierson

Associate Secretary of the Board.

[FR Doc. 01-14271  Filed 6-5-01; 8:45 am]

BILLING CODE 6210-01-S
#### UNITED STATES of America, Plaintiff-Appellee, v. Edel VERA-PAZ, Defendant-Appellant.

No. 09-10164.

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 13, 2010.*

Filed Oct. 5, 2010.

Jerry Robert Albert, Assistant U.S., Office of the U.S. Attorney, Tucson, AZ, for Plaintiff-Appellee.

Lee Tucker, Tucson, AZ, for Defendant-Appellant.

Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Edel Vera-Paz appeals from the 70-month sentence imposed following his guilty-plea conviction for importation of heroin, in violation of 21 U.S.C. §§ 952(a), 960(a)(1), and (b)(1)(A), and possession with intent to distribute heroin, in violation of 21 U.S.C. § 841(a)(1) and (b)(l)(A)(i). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Vera-Paz contends the district court improperly relied on his socio-economic status to deny him a minor role adjustment under section 3B1.2(b) of the Guidelines, and thereby procedurally erred when calculating his total sentencing offense level. He further contends that his sentence is substantively unreasonable because he was treated differently than similarly-situated defendants solely because of his socioeconomic status.

The record reveals that the district court did not impermissibly rely on Vera-Paz’s socioeconomic status, but rather properly concluded that Vera-Paz had not sustained his burden of proving his entitlement to a minor role adjustment. Vera-Paz knowingly transported narcotics, *see United States v. Hursh,*217 F.3d 761, 770 (9th Cir.2000), was caught with a substantial amount of heroin, *see United States v. Lui,*941 F.2d 844, 849 (9th Cir.1991), and was prepared to accept payment in return, *see United States v. Davis,*36 F.3d 1424, 1437 (9th Cir.1994). Accordingly, the district court did not clearly err in finding that Vera-Paz was not a minor participant, *see United States v. Cantrell,*433 F.3d 1269, 1282 (9th Cir.2006), nor did it commit procedural error in calculating Vera-Paz’s offense level, *see United States v. Carty,*520 F.3d 984, 991 (9th Cir.2008) (en banc). The record further indicates that under the totality of the circumstances, Vera-Paz’s below-Guidelines sentence was substantively reasonable. *See Gall v. United States,*552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); *Carty,*520 F.3d at 993.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
# C_2010243EN.01000101.xml

| 10.9.2010 | EN | Official Journal of the European Union | C 243/1 |
| --- | --- | --- | --- |

10.9.2010

EN

Official Journal of the European Union

C 243/1

---

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU

Cases where the Commission raises no objections

(Text with EEA relevance)

2010/C 243/01

| Date of adoption of the decision | 17.8.2010 |
| --- | --- |
| Reference number of State Aid | N 191/10 |
| Member State | Czech Republic |
| Region | Eight regions affected by flooding |
| Title (and/or name of beneficiary) | Zmírnění škod způsobených povodněmi na rybách v letních měsících roku 2009 |
| Legal basis | Article 4.4 of the Guidelines for the examination of State aid to fisheries and aquaculture, 3 April 2008 |
| Type of measure | Aid scheme |
| Objective | To grant financial aid to the aquaculture undertakings affected by the severe floods in the Czech Republic in summer 2009 |
| Form of aid | Direct grant |
| Budget | CZK 10 million (EUR 390 000) |
| Intensity | 25 % |
| Duration (period) | Until 1 June 2011 |
| Economic sectors | Aquaculture |
| Name and address of the granting authority | His Excellency Mr Karel Schwarzenberg |
| Foreign Affairs Minister |
| Ministry of Foreign Affairs of the Czech Republic |
| Square 5 Loreto |
| 118 00 Praha 1 |
| ČESKÁ REPUBLIKA |

Date of adoption of the decision

17.8.2010

Reference number of State Aid

N 191/10

Member State

Czech Republic

Region

Eight regions affected by flooding

Title (and/or name of beneficiary)

Zmírnění škod způsobených povodněmi na rybách v letních měsících roku 2009

Legal basis

Article 4.4 of the Guidelines for the examination of State aid to fisheries and aquaculture, 3 April 2008

Type of measure

Aid scheme

Objective

To grant financial aid to the aquaculture undertakings affected by the severe floods in the Czech Republic in summer 2009

Form of aid

Direct grant

Budget

CZK 10 million (EUR 390 000)

Intensity

25 %

Duration (period)

Until 1 June 2011

Economic sectors

Aquaculture

Name and address of the granting authority

His Excellency Mr Karel Schwarzenberg

Foreign Affairs Minister

Ministry of Foreign Affairs of the Czech Republic

Square 5 Loreto

118 00 Praha 1

ČESKÁ REPUBLIKA

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

---
AEGIS SEF | 2829 Technology Forest Boulevard, Suite 260 | The Woodlands, Texas 77381

Chapter 1227

IsoButane Option - Mt. Belvieu Iso-Butane (LDH) - OPIS

DESCRIPTION

Monthly cash settled put and call options published by OPIS for the location specified in Floating Price A. 

FLOATING PRICE A

The Floating Price for each contract month is equal to the arithmetic average of the OPIS Mt. Belvieu Iso-Butane (LDH)

price for each business day that it is determined during the contract month.

OPTION CHARACTERISTICS

TRADING UNIT

On expiration of a Call Option, the value will be the difference between the average daily settlement price 

during the calendar month of the first nearby OPIS Mt. Belvieu Iso-Butane (LDH) (as described in Floating 

Price A) and the strike price, or zero whichever is greater. On expiration of a Put Option, the value will be 

the difference between the strike price and the average daily settlement price during the calendar month of 

the first nearby OPIS Mt. Belvieu Iso-Butane (LDH) (as described in Floating Price A), or zero whichever is 

greater.

TYPE OPTION

Cash-settled European-Style Average Price option which cannot be exercised prior to expiration.

CONTRACT UNIT AND VALUE

The contract quantity shall be U.S. gallons. Each contract shall be valued as the contract quantity multiplied by the 

settlement price.

LISTING CYCLE

Up to 120 consecutive monthly contract periods

PRICES AND FLUCTUATIONS

Prices shall be quoted in dollars and cents per gallon and prices shall be in multiples of $0.001 per gallon. The 

minimum price increment will be $0.0001. There shall be no maximum price fluctuation. 

TERMINATION OF TRADING

Posting of transactions shall cease on the last business day of the contract month.

FINAL SETTLEMENT

Delivery under the contract shall be by cash settlement. Final settlement, following termination of posting for a 

contract month, will be based on the Floating Price. The final settlement price will be the Floating Price calculated for 

each contract month.