alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Terence C. ATKINS, Petitioner, v. STATE of Florida, Respondent.

No. 1D03-0444.

District Court of Appeal of Florida, First District.

July 31, 2003.

Petitioner, pro se.

Charlie Crist, Attorney General, and Barbara J. Yates, Assistant Attorney General, Tallahassee, for Respondent.

PER CURIAM.

Petitioner filed a motion in the trial court pursuant to Florida Rule of Criminal Procedure 3.800(c). The trial court denied the motion as untimely. However, pursuant to the “mailbox rule,” the motion was filed within 60 days of this court’s issuance of mandate on petitioner’s direct appeal. Accordingly, the motion was timely. *See Jolly v. State,*803 So.2d 846 (Fla. 1st DCA 2001). Thus, the trial court had jurisdiction to consider petitioner’s motion on the merits, and its failure to do so is a departure from the essential requirements of the law. *See Davis v. State,*745 So.2d 499 (Fla. 1st DCA 1999).

Accordingly, we grant the petition for writ of certiorari, vacate the order, and remand with directions to consider petitioner’s motion on its merits.

KAHN, WEBSTER and POLSTON, JJ., concur.
Document Headings

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###### Inter-American Foundation

The meeting will be held at the Inter-American Foundation, 901 N. Stuart Street, 10th Floor, Arlington, Virginia 22203.

The meeting will be open except for the portion specified as a closed session as provided in 22 CFR Part 1004.4(f).

9:30 a.m.—Call to Order. Approval of the Minutes of the November 30, 2004 meeting

10 a.m.—President's Report

11 a.m.—Discussion

12 p.m.—Lunch

12:30 p.m.—Discussion and other business. (Portions of this discussion will be closed to discuss personnel issues, as provided in 22 CFR Part 1004.4(f).)

3 p.m.—Adjournment

Jocelyn Nieva,

Acting General Counsel.

[FR Doc. 05-19702 Filed 9-28-05; 11:40 am]

BILLING CODE 7025-01-M
----

----

**Exhibit      32.1**

**CERTIFICATION**

|   | (1) | the                Quarterly Report on Form                10-QSB of SVI Media, Inc. for the quarter ended September 30, 2007                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                Quarterly Report on Form 10-QSB for the quarter ended September 30,                2007,                fairly presents in all material respects, the financial condition                and                results of operations of SVI Media,                Inc.. |
|--------|-----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| By:    | /s/                Brian                Weiss                                                     |
|--------|---------------------------------------------------------------------------------------------------|
| Name:  | Brian                Weiss                                                                        |
| Title: | Principal                Executive Officer and                Interim Principal Financial Officer |
| Date:  | November                19,                2007                                                   |

----
United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

J.G., Appellant

and

TENNESSEE VALLEY AUTHORITY, 

PARADISE FOSSIL PLANT,

Drakesboro, KY, Employer

__________________________________________

)

)

)

)

)

)

)

)

)

Docket No. 21-0796

Issued: August 16, 2021

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:

ALEC J. KOROMILAS, Chief Judge

JANICE B. ASKIN, Judge

PATRICIA H. FITZGERALD, Alternate Judge

On April 29, 2021 appellant sought an appeal from a purported “2019” decision of the 

Office of Workers’ Compensation Programs. The Clerk of the Appellate Boards docketed the 

appeal as No. 21-0796.

The Board, having duly considered the matter, notes that the Board has jurisdiction to 

review final adverse decisions of OWCP issued under the Federal Employees’ Compensation Act.1 

This jurisdiction encompasses any final adverse decision issued by OWCP within 180 days of the 

date appellant filed his appeal.2 The case record as transmitted to the Board does not contain a 

final adverse decision of OWCP issued within 180 days from the date of docketing of the current 

appeal.3 The most recent final adverse decision was issued by OWCP on July 1, 2016 regarding 

 

1 5 U.S.C. § 8101, et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a).

2 20 C.F.R. § 501.3(e) provides in pertinent part: “Any notice of appeal must be filed within 180 days from the 

date of issuance of a decision of the OWCP.”

3

Id.
2

the denial of an increased schedule award.

4

 As there is no final adverse decision issued by OWCP 

over which the Board may properly exercise jurisdiction, the Board concludes that the appeal 

docketed as No. 21-0796 must be dismissed. Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 21-0796 is dismissed. 

Issued: August 16, 2021

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

 

4 The Board also affirmed February 26 and March 22, 2016 OWCP decisions regarding the same issue. See Docket 

No. 16-1533 (issued March 15, 2018).
<PAGE>   1

Page 1                                                              Exhibit 12.1

                            HEAFNER TIRE GROUP, INC.
     Statement Regarding: Computation of Ratio of Earnings to Fixed Charges
                          and Preferred Stock Dividends
                  (AMOUNTS IN THOUSANDS, EXCEPT RATIO AMOUNTS)


<TABLE>
<CAPTION>
                                           Twelve months   Twelve months   Twelve months
                                               Ended           Ended           Ended
                                            December 31,    December 31,    December 31,
                                               1999            1998            1997
                                            (unaudited)     (unaudited)     (unaudited)
                                            -----------     -----------     -----------

<S>                                           <C>             <C>              <C>
Consolidated pretax income (loss) from
  continuing operations                       (6,936)         (2,219)           (254)
Interest                                      22,053          13,460           4,842
Interest portion of rent expense               9,545           6,474           2,985
                                              ------          ------          ------

EARNINGS                                      24,662          17,715           7,573
                                              ======          ======          ======



Interest                                      22,053          13,460           4,842
Interest portion of rent expense               9,545           6,474           2,985
                                              ------          ------          ------

FIXED CHARGES                                 31,598          19,934           7,827
                                              ======          ======          ======


RATIO OF EARNINGS TO FIXED CHARGES                --              --              --
                                              ======          ======          ======
</TABLE>
<PAGE>

                                                                    Exhibit 10.8

                    THIRD AMENDMENT TO EMPLOYMENT AGREEMENT

     This Third Amendment to Employment Agreement (the "Amendment"), dated as of
the 27/th/ day of September, 2001 by and between COMFORCE Corporation
("COMFORCE") a Delaware corporation, and COMFORCE Operating, Inc. ("COI"), a
Delaware corporation that is wholly-owned by COMFORCE (COMFORCE and COI are
collectively referred to as the "Employer"), and John C. Fanning, a resident of
the State of Florida ("Employee").

     WHEREAS, the parties entered into an Employment Agreement (the "Employment
Agreement") dated as of January 1, 1999 pursuant to which Employer formalized
the terms upon which Employee is employed by Employer, which Employment
Agreement was previously amended as of March 28, 2000 and January 23, 2001 (as
amended, the "Employment Agreement"); and

     WHEREAS, the parties desire to further amend the Employment Agreement as
herein provided.

     NOW, THEREFORE, in consideration of the promises and mutual obligations of
the parties contained herein, and for other valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties hereto agree as
follows:

     1.  Section 2 of the Employment Agreement is hereby amended by changing the
Initial Termination Date therein from December 31, 2003 to December 31, 2005.

     2.  Section 4(b) of the Employment Agreement is hereby amended in its
entirety to read as follows:

            (b) Reimbursement of Expenses.  It is recognized that during the
  Term of Employment, Employee will be required to incur ordinary and necessary
  business expenses in connection with the performance of his duties hereunder.
  Employer shall pay or reimburse Employee promptly in the amount of all such
  expenses upon presentation of itemized vouchers or other evidence of those
  expenditures in accordance with Employer's policies and procedures. In
  addition the Employee will be given an annual non-accountable expense
  allowance of $20,000.

     3.  All other provisions of the Employment Agreement shall remain in full
force and effect.
<PAGE>

     IN WITNESS WHEREOF, the undersigned have executed this Agreement on the day
and year first above mentioned.

                         COMFORCE CORPORATION


                         By:_______________________________
                            Its:

                         COMFORCE OPERATING, INC.


                         By:_______________________________
                            Its:

                         EMPLOYEE


                         __________________________________
                         John C. Fanning

                                       2
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 95-7320
RASTAMAN MTUME OBALAJI MFUME I, Plaintiff - Appellant, versus NANCY HARRISON; LARRY C. BATSON; WILLIAM R. DAVIS, Defendants - Appellees.
Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Henry M. Herlong, Jr., District Judge. (CA-94-1969-0-20BD) Submitted: March 21, 1996 Decided: April 2, 1996 Before NIEMEYER and MICHAEL, Circuit Judges, and BUTZNER, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Rastaman Mtume Obalaji Mfume I, Appellant Pro Se. William Paul Griggs, GRIGGS, SPRUILL & HARRIS, Cheraw, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM:Appellant appeals from the district court's order denying relief on his 42 U.S.C. § 1983 (1988) complaint. We have reviewed the record and the district court's opinion accepting the magistrate judge's recommendation and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Mfume I v. Harrison , No. CA-94-1969-0-20BD (D.S.C. Nov. 9, 1994; Aug. 3, 1995). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
##### 



Exhibit 32.1 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 In connection with the Quarterly Report of Pinnacle Foods Group Inc. (the Registrant) on Form
10-Q for the period ended March 27, 2005, as filed with the Securities and Exchange Commission on
the date hereof (the Report), I, C. Dean Metropoulos, Chairman and Chief Executive Officer of the
Registrant, 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; and2.
    The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Registrant. Date:
    
    May 9, 2005/s/ C. DEAN METROPOULOSC. Dean MetropoulosChairman and Chief Executive Officer
 59
[Federal Register Volume 70, Number 200 (Tuesday, October 18, 2005)]
[Notices]
[Page 60555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20774]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-3216-EM]


Texas; Amendment No. 1 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and 
Response Directorate, Department of Homeland Security.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of an emergency declaration for 
the State of Texas (FEMA-3216-EM), dated September 2, 2005, and related 
determinations.

EFFECTIVE DATE: September 24, 2005.

FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Recovery Division, Federal 
Emergency Management Agency, Washington, DC 20472, (202) 646-2705.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA) hereby gives notice that pursuant to the authority vested in the 
Acting Under Secretary for Emergency Preparedness and Response, 
Department of Homeland Security, under Executive Order 12148, as 
amended, Sandy Coachman, of FEMA is appointed to act as the Federal 
Coordinating Officer for this declared emergency.
    This action terminates my appointment of Gary Jones as Federal 
Coordinating Officer for this emergency.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) 
are to be used for reporting and drawing funds: 97.030, Community 
Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis 
Counseling; 97.033, Disaster Legal Services Program; 97.034, 
Disaster Unemployment Assistance (DUA); 97.046, Fire Management 
Assistance; 97.048, Individuals and Households Housing; 97.049, 
Individuals and Households Disaster Housing Operations; 97.050 
Individuals and Households Program-Other Needs, 97.036, Public 
Assistance Grants; 97.039, Hazard Mitigation Grant Program)

R. David Paulison,
Acting Under Secretary, Emergency Preparedness and Response, Department 
of Homeland Security.
[FR Doc. 05-20774 Filed 10-17-05; 8:45 am]
BILLING CODE 9110-10-P
United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

R.N., Appellant

and

DEPARTMENT OF VETERANS AFFAIRS, VA

MEDICAL CENTER, Cheyenne, WY, Employer

__________________________________________

)

)

)

)

)

)

)

)

Docket No. 20-0627

Issued: November 9, 2020

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:

ALEC J. KOROMILAS, Chief Judge

JANICE B. ASKIN, Judge

PATRICIA H. FITZGERALD, Alternate Judge

On January 27, 2020 appellant filed an appeal from a purported January 22, 2020 decision 

of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards 

assigned Docket No. 20-0627.

The Board has duly considered the matter and notes that the Board has jurisdiction to 

review final adverse decisions of OWCP issued under the Federal Employees’ Compensation Act.1 

There is no decision of record dated January 22, 2020. The most recent decision of record is dated 

September 5, 2018. The case record as transmitted to the Board therefore does not contain a final 

adverse decision of OWCP issued within 180 days from the docketing of the current appeal.

2

 

As there is no final adverse decision issued by OWCP over which the Board may properly 

exercise jurisdiction, the Board concludes that the appeal docketed as No. 20-0627 must be 

dismissed. Accordingly,

 

1 5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a).

2

Id. at § 501.3(e) provides in pertinent part: “Any notice of appeal must be filed within 180 days from the date of 

issuance of a decision of OWCP.”
2

IT IS HEREBY ORDERED THAT the appeal docketed as No. 20-0627 is dismissed.

Issued: November 9, 2020

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board
----

Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) in Part I of Protocol 3 to the Surveillance and Court Agreement

The EFTA Surveillance Authority has decided that the measure is compatible with the EEA Agreement

(2005/C 112/04)

Date of adoption: 

EFTA State: Iceland

Aid No: 47646

Title: The Icelandic Housing Financing Fund and an increase of lending by that fund up to 90 % of the purchase price of housing

Objective: To promote, through the granting of loans, the ability of people to have access to house financing on equal conditions throughout the country along with the special allocation of funds to increase people's chances of acquiring or renting housing on manageable terms

Legal basis: Act on Housing Affairs 1998 No 44, as amended by Act No 57/2004; Regulation No 544/2004 on the Finances and Risk Management of the Housing Financing Fund; Regulation No 522/2004 on the Housing Financing Fund's Mortgages and Bonds; and Regulation No 521/2004 on Loan Proportions and Maximum Amounts of the Housing Financing Fund's Mortgages

Duration: Unlimited

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

http://www.eftasurv.int/fieldsofwork/fieldstateaid/stateaidregistry/

----
Exhibit 32.2



CERTIFICATION PURSUANT TO SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,

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



Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned, as Chief Financial Officer of Norcraft Holdings, L.P. and Norcraft Companies, L.P. (together, the Company), does hereby certify that to the undersigneds knowledge:



1) the Companys Quarterly Report on Form 10-Q/A for the period ending
September 30, 2004 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 Companys Quarterly Report on Form 10-Q/A for the period ending September 30, 2004 fairly presents, in all
material respects, the financial condition and results of operations of the Company.



|                         |  |                                                                  
|------------------------ |  | -----------------------------------------------------------------
|Date: September 20, 2005 |  | /s/ Leigh Ginter                                                 
|                         |  | Leigh Ginter  Chief Financial Officer (Chief Accounting Officer)



A signed original of this written
statement, required by Section 906, has been provided to Norcraft Holdings, L.P. and Norcraft Companies, L.P. and will be retained by Norcraft Holdings, L.P. and Norcraft Companies, L.P. and furnished to the Securities and Exchange Commission or its
staff upon request.
<PAGE>

Exhibit 99

REPORT OF INDEPENDENT AUDITORS



THE BOARD OF DIRECTORS
FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF WARREN

We have audited the accompanying statements of financial condition of First
Federal Savings and Loan Association of Warren as of June 30, 1997 and 1996 and
the related statements of income, retained earnings and cash flows, for the
years then ended.  These financial statements are the responsibility of the
Association's management.  Our responsibility is to express an opinion on these
financial statements based on our audits.

We conducted our audits in accordance with generally accepted auditing
standards.  Those standards require that we plan and perform the audit to obtain
reasonable assurance about whether the financial statements are free of material
misstatement.  An audit includes examining, on a test basis, evidence supporting
the amounts and disclosures in the financial statements.  An audit also includes
assessing the accounting principles used and significant estimates made by
management, as well as evaluating the overall financial statement presentation.
We believe that our audits provide a reasonable basis for our opinion.

In our opinion, the financial statements referred to above present fairly, in
all material respects, the financial position of First Federal Savings and Loan
Association of Warren as of June 30, 1997 and 1996, and the results of its
operations and cash flows for the years then ended, in conformity with generally
accepted accounting principles.



Warren, Ohio
September 9, 1997                        Packer, Thomas & Co.
111TH CONGRESS 

2D SESSION H. R. 5128 

AN ACT 

To designate the United States Department of the Interior 

Building in Washington, District of Columbia, as the 

‘‘Stewart Lee Udall Department of the Interior Building’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 5128 EH

1 SECTION 1. DESIGNATION. 

2 The United States Department of the Interior Build3 ing located at 1849 C Street, Northwest, in Washington, 

4 District of Columbia, shall be known and designated as 

5 the ‘‘Stewart Lee Udall Department of the Interior Build6 ing’’. 

7 SEC. 2. REFERENCES. 

8 Any reference in a law, map, regulation, document, 

9 record, or other paper of the United States to the building 

10 referred to in section 1 shall be considered to be a ref11 erence to the ‘‘Stewart Lee Udall Department of the Inte12 rior Building’’. 

Passed the House of Representatives May 20, 2010. 

Attest: 

Clerk. 

111TH CONGRESS 

2D SESSION H. R. 5128 

AN ACT 

To designate the United States Department of the 

of the Interior Building’’. lumbia, as the ‘‘Stewart Lee Udall Department Interior Building in Washington, District of Co-