alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 70, Number 210 (Tuesday, November 1, 2005)]
[Notices]
[Page 65929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21707]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1606-DR]


Texas; Amendment No. 7 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, Department of Homeland 
Security.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration 
for the State of Texas (FEMA-1606-DR), dated September 24, 2005, and 
related determinations.

EFFECTIVE DATE: October 20, 2005.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration 
for the State of Texas is hereby amended to include the following areas 
among those areas determined to have been adversely affected by the 
catastrophe declared a major disaster by the President in his 
declaration of September 24, 2005:

    Brazoria and Montgomery Counties for Public Assistance 
[Categories C-G] (already designated for Individual Assistance and 
debris removal and emergency protective measures [Categories A and 
B] under the Public Assistance program, including direct Federal 
assistance.)
    Marion County for Public Assistance [Categories C-G] (already 
designated for debris removal and emergency protective measures 
[Categories A and B] under the Public Assistance program, including 
direct Federal assistance.)

(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 Director, Federal Emergency Management Agency.
[FR Doc. 05-21707 Filed 10-31-05; 8:45 am]
BILLING CODE 9110-10-P
EXHIBIT 22.1

                           SUBSIDIARIES OF REGISTRANT


                       PSC GmbH (100% owned by the Company
                          and incorporated in Germany)

                 PSC Bar Code Limited (100% owned by the Company
                     and incorporated in the United Kingdom)

            PSC Foreign Sales Corporation (100% owned by the Company
                  and incorporated in the U.S. Virgin Islands)

                 PSC Automation, Inc. (100% owned by the Company
                          and incorporated in Florida)

            Instaread Corporation (100% owned by PSC Automation, Inc.
                          and incorporated in Florida)

                  PSC Scanning, Inc. (100% owned by the Company
                          and incorporated in Delaware)

            PSC Asia Pacific Pty. Limited (100% owned by the Company
                         and incorporated in Australia)

                     PSC S.A.R.L. (100% owned by the Company
                           and incorporated in France)

                       PSC SRL (100% owned by the Company
                           and incorporated in Italy)

                    PSC Japan K.K. (100% owned by the Company
                           and incorporated in Japan)

                  PSC Belgium, Inc. (100% owned by the Company
                          and incorporated in Delaware)

                            PSC Scandanavia AB (100%
                           owned by PSC Bar Code Ltd.
                           and incorporated in Sweden)

                             Spectra Scan Pty. Ltd.
                        (100% owned by PSC Scanning, Inc.
                         and incorporated in Australia)
<PAGE>
                                                                    Exhibit 21.1

                         SUBSIDIARIES OF THE REGISTRANT

NAME OF SUBSIDIARY                                 JURISDICTION OF INCORPORATION
------------------                                 -----------------------------

Southern Health Systems, Inc.                      Tennessee
Nova Factor, Inc.                                  Tennessee
Hemophilia Health Services, Inc.                   Tennessee
Pharmacare Resources, Inc.                         New York
BioPartners In Care, Inc.                          Missouri
Accredo Health Group, Inc.                         Delaware
Accredo Health Services (Infusion), Inc.           Delaware
Accredo Health Resources, Inc. (New York)          New York
Hemophilia Resources of America, Inc.              New Jersey
HRA Holding Corp.                                  New Jersey
Home Healthcare Resources, Inc.                    Pennsylvania
Home Healthcare Resources, Limited                 Pennsylvania
1 This memorandum opinion was not selected for publication in the New Mexico Reports. Please

2 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 

3 Please also note that this electronic memorandum opinion may contain computer-generated

4 errors or other deviations from the official paper version filed by the Court of Appeals and does

5 not include the filing date. 

6 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

7 STATE OF NEW MEXICO,

8 Plaintiff-Appellee, 

9 v. NO. 29,507

10 TERRY D. GIBSON, 

11 Defendant-Appellant.

12 APPEAL FROM THE DISTRICT COURT OF DONA AÑA COUNTY

13 Stephen Bridgforth, District Judge

14 Gary K. King, Attorney General

15 Margaret McLean, Assistant Attorney General

16 Santa Fe, NM

17 for Appellant

18 Jeffrey C. Lahann

19 Las Cruces, NM

20 for Appellee

21 MEMORANDUM OPINION

22 VIGIL, Judge.

23 The State of New Mexico appeals the district court’s dismissal of the grand

24 jury indictment charging Terry D. Gibson with several criminal offenses. This
2

1 Court filed a calendar notice proposing dismissal because the notice of appeal was

2 untimely filed. The State filed a memorandum in opposition, which we have duly

3 considered.

4 The State’s memorandum in opposition asks this Court to excuse the late

5 filing because it was caused by an inadvertent failure to allow for the fact that the

6 month of March has thirty-one days, not thirty. [MIO 3] Rule 12-201(A)(2)

7 NMRA requires that a notice of appeal be filed within thirty days after the

8 judgment or order appealed from is filed in the district court clerk's office. We

9 have held that the timely filing of a notice of appeal is a mandatory precondition to

10 the exercise of our appellate jurisdiction. See State v. Upchurch, 2006-NMCA11 076, 139 N.M. 739, 137 P.3d 679 (dismissing state’s appeal when notice of appeal

12 filed one day late). The docketing statement does not mention any circumstances of

13 the type that might excuse the late filing. See, e.g., Trujillo v. Serrano, 117 N.M.

14 273, 871 P.2d 369 (1994) (holding that late filing of notice of appeal may be

15 excused where court error caused the delay).

16 Because the notice of appeal was not timely filed, we dismiss this appeal. 

17 IT IS SO ORDERED.

18 

19 MICHAEL E. VIGIL, Judge

20 WE CONCUR:
3

1 

2 CYNTHIA A. FRY, Chief Judge

3 

4 CELIA FOY CASTILLO, Judge
Exhibit 10.3





Mr. Leonard Perle
President
Purezza Group, Inc.
24 Madison Road
Fairfield, New Jersey 07004

Re:      Phoslock License Agreement

Dear Mr. Perle

This purpose of this letter is to clarify our position at this time regarding
certain terms contained in the August 15, 2001 Phoslock License Agreement ("the
Agreement") between Licensor, Integrated Mineral Technology, Ltd. (hereafter
referred to as "Licensor" or "Integrated") and Purezza Group, Inc. (hereafter
referred to as the "Licensee" or "Purezza).   Our position regarding certain
terms contained in the Agreement is contained in the textual portions appearing
below each bolded and underlined caption:

Schedule
--------
Licensor Ltd. has received $150,000 in consideration of partial payment for the
Territory 1 License Fee.

Paragraph 8
-----------
The website materials provided by Licensee to Licensor have been approved by
Licensor.  Licensor will furnish Licensee with product promotional materials and
technical and marketing support information to be used by Licensee in the
promotion of the Phoslock product.

Paragraph 8.4
-------------
Licensor is satisfied that Purezza's President and Licensee's exclusive sales
agent, Pro Finishes, Inc., are both properly qualified and trained to market and
promote the Phoslock product.

Paragraph 18
------------
Licensor has reviewed Purezza's Form SB-2 Registration Statement.  Based upon
that review, the Registration Statement contains no Confidential Information of
the Licensor or CSIRO.

Paragraph 23.1
---------------
Licensor waives Licensee's obligation under Paragraph 23.1 of the Agreement
requiring Licensee to affect and keep public liability, personal injury,
property damage and product liability and other insurances as specified in
Paragraph 23.1 of the Agreement at this time.  Licensee shall affect these
insurances within a three month time period of  the first purchase order
affected by Licensee.

Paragraph 24.9
--------------
Licensor has received the consent of Licensee and the Commonwealth Scientific
and Industrial Research Organization, otherwise known as CSIRO, to use the
following in Purezza's Form SB-2 Registration Statement to be filed with the
United States Securities and Exchange Commission: (a) the names Commonwealth
Scientific and Industrial Research Organization or CSIRO;  (b) statements
regarding CSIRO; and (c) information material to the License agreement.  In
connection therein, CSIRO and Licensor have reviewed Purezza's Form SB-2
Registration Statement and approve of the disclosures made in the Form SB-2
Registration Statement.

Paragraph 25
------------
Licensor confirms and acknowledges that, as of this date, Licensee is not in
default of an essential term of the Agreement, nor has an Event of default
occurred as defined in the Agreement.

EXECUTED AND SIGNED on behalf of INTEGRATED MINERAL TECHNOLOGY on March 12, 2002:


------------------------------
Signature of Officer
COLIN VICROFT


EXECUTED AND SIGNED on behalf of
PUREZZA GROUP, INC. on March ___, 2002

------------------------------
Signature of President
LEONARD PERLE
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#### NEVADA DESERT INN, Inc., A Nevada Corporation, Appellant, *v.*STANLEY BURKE, Respondent.

No. 4073

September 12, 1958.

329 P.2d 636.

*Franklin & Wadsworth,*of Las Vegas; *H. Ward Daivson, Jr.,*of Puerto Rico, for Appellant.

*Edwin J. Dotson,*of Las Vegas, for Respondent.

*281OPINION

Per *Curiam:*

This appeal from judgment, taken by the plaintiff below, asserts as error that the trial court held the cause of action barred by res judicata.

The Nevada Desert Inn, a corporation, seeks to recover from respondent Burke certain real property located in Clark County. This is the fourth occasion since 1946 on which resort to the courts has been had by this appellant in an effort to establish its rights to the property in question.

In 1947 an action (its second) was brought by the corporation against Burke in the Clark County district court. The complaint was verified by Lela Anderson as secretary of the corporation. The law firm of Morse and Graves of Las Vegas purported to act for the corporation. A dismissal with prejudice was filed in the action by Morse and Graves upon which a court order of dismissal with prejudice was entered.

In the instant case that order of dismissal was held to constitute res judicata of the corporation’s right to proceed against Burke. The corporation now contends that the earlier action may not constitute res judicata for the reason that the corporation was not properly a party to that action. It asserts that Anderson was without authority to represent the corporation since she had been removed by action taken at a stockholders’ meeting and that Morse and Graves were without authority to act as the corporation’s attorneys.

*282These precise issues were litigated and determined adversely to the corporation in a suit brought in California to which the corporation and Burke were parties and which reached the supreme court of that state. Gagnon Co. v. Nevada Desert Inn, Inc., 45 Cal.2d 448, 289 P.2d 466. There the court upheld the determination of the California trial court to the effect that the corporation’s attempt to remove Anderson as secretary was abortive and that the attorneys acted with authority; consequently that the dismissal with prejudice of the Nevada action constituted res judicata.

The corporation contends that these issues were not actually litigated and determined in the California action; that the California trial court refused to decide them and, in effect, relegated the corporation to the Nevada courts for determination of the issues. The opinion of the California Supreme Court refutes this contention. From that opinion it is clear that the trial court did resolve the issues adversely to the corporation and was held to be justified in its decision.

The precise issues having been litigated and determined they may not now be reasserted. Reno Club v. Harrah, 70 Nev. 125, 260 P.2d 304.

Affirmed.
<PAGE>

                                                                    EXHIBIT 4.39


                                PROMISSORY NOTE


AMOUNT: $150,000.00                                       DATE: FEB. 3/RD/. 2000

Twenty five days after date of receipt, for value received, the undersigned
(jointly and severally if more than one) promise(s) to pay to the order of:

                                 AccuRec LLC.

the sum of one hundred fifty thousand dollars plus an interest equal to (8%
           ----------------------------------
annually) payable at any place the holder may so designate. Interest to be paid
at loan pay off time.

The undersigned and any endorser or guarantors herefore, jointly and severally,
hereby agree that upon default in payment of performance of this note, or the
death, or any act of insolvency or bankruptcy on the part of any of them,
however expressed or indicated, then this note shall, at the option of the
holder, become immediately due and payable without presentment, demand, protest
or further attorney and/or agent of the holder, and the undersigned, and any
endorser or guarantors, jointly and severally, agree to pay all collection
costs, expenses, agents' fees, and reasonable attorney's fees.

The undersigned further states if he should default on said loan, the
lender shall be authorized to place a lien on the following collateral:

                     1. All properties of Color Image, Inc

Borrowers Signature:                       Address:


/s/ Sueling Wang                           4350 Peachtree Ind. Blvd. #100
-----------------------------------------
Sueling Wang, President Color Image, Inc.  Norcross, GA 30071


/s/ Ann Shieh
-----------------------------------------
Witness, Controller
Exhibit 23.1
 Cawley, Gillespie & Associates, Inc.
 petroleum consultants
 AUSTIN OFFICE:
    
    MAIN OFFICE:
    
    HOUSTON OFFICE:9601 AMBERGLEN BLVD., SUITE 117
    
    306 WEST 7TH STREET, SUITE 302
    
    1000 LOUISIANA, SUITE 625AUSTIN, TEXAS 78729
    
    FORT WORTH, TEXAS 76102-4987
    
    HOUSTON, TEXAS 77002-5008(512) 249-7000
    
    (817) 336-2461
    
    (713) 651-9944FAX (512) 233-2618
    
    FAX (817) 877-3728
    
    FAX (713) 651-9980
 Consent of Cawley, Gillespie & Associates, Inc.
  th
   Submitted,Cawley, Gillespie & Associates, Inc.
Texas Registered Engineering Firm F-693-s- Kenneth J. MuellerKenneth J. Mueller, P. E.  86132
Vice President
Certification required by Rule 13a-14(b) or Rule 15a-14(b) and Section 906 of the
Sarbanes-Oxley Act of 2002
  (1)
    
    The Report fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934, as amended; and(2)
    
    The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Trust.
 BANK OF AMERICA, N.A., TRUSTEE FORPERMIAN BASIN ROYALTY TRUSTDate: March 2, 2009
    
    By:
    
    /s/ Ron E. HooperRon E. Hooper,
Senior Vice President,Royalty Management
# C_2007103EN.01000101.xml

| 8.5.2007 | EN | Official Journal of the European Union | C 103/1 |
| --- | --- | --- | --- |

8.5.2007

EN

Official Journal of the European Union

C 103/1

---

COUNCIL RECOMMENDATION

COUNCIL RECOMMENDATION

of 19 March 2007

concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (Sixth EDF) for the financial year 2005

(2007/C 103/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Third ACP-EEC Convention, signed at Lomé on 8 December 1984 (1),

1

Having regard to Internal Agreement 86/126/EEC on the financing and administration of Community aid (2), and in particular Article 29(3) thereof,

2

Having regard to the Financial Regulation of 11 November 1986 applicable to the Sixth European Development Fund (Sixth EDF) (3), and in particular Articles 66 to 73 thereof,

3

Having examined the revenue and expenditure account and the balance sheet relating to the Sixth EDF as at 31 December 2005 and the Court of Auditors' report concerning the financial year 2005 together with the Commission's replies (4),

4

Whereas

| (1) | Pursuant to Article 29(3) of the Internal Agreement, the discharge for the financial management of the Sixth EDF is to be given to the Commission by the European Parliament on the recommendation of the Council. |
| --- | --- |

(1)

Pursuant to Article 29(3) of the Internal Agreement, the discharge for the financial management of the Sixth EDF is to be given to the Commission by the European Parliament on the recommendation of the Council.

| (2) | The overall implementation by the Commission of the operations of the Sixth EDF during the financial year 2005 has been satisfactory, |
| --- | --- |

(2)

The overall implementation by the Commission of the operations of the Sixth EDF during the financial year 2005 has been satisfactory,

HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the Sixth EDF for the financial year 2005.

Done at Brussels, on 19 March 2007.

For the Council

The President

H. SEEHOFER

---

(1)  OJ L 86, 31.3.1986, p. 3.

1

(2)  OJ L 86, 31.3.1986, p. 210. Agreement as amended by Decision 86/281/EEC. (OJ L 178, 2.7.1986, p. 13).

2

(3)  OJ L 325, 20.11.1986, p. 42.

3

(4)  OJ C 263, 31.10.2006, p. 205.

4

---
# L_2007125EN.01003101.xml

| 15.5.2007 | EN | Official Journal of the European Union | L 125/31 |
| --- | --- | --- | --- |

15.5.2007

EN

Official Journal of the European Union

L 125/31

---

Corrigendum to Commission Decision 2007/319/EC of 8 September 2006 on State aid C 45/04 (ex NN 62/04) in favour of the Czech steel producer Třinecké železárny, a. s.

(
  Official Journal of the European Union L 119 of 9 May 2007
  )

In the Table of Contents, in the title on page 37 and in the signature on page 44:

for:

‘
  8 September 2006
  ’;

read:

‘
  8 November 2006
  ’.

---
<PAGE>


                                                                   EXHIBIT 23.14



         CONSENT OF PRICEWATERHOUSECOOPERS LLP, INDEPENDENT ACCOUNTANTS

     We hereby consent to the incorporation by reference in the Registration
Statements on Forms S-8 (File No's. 33-10631, 33-56772, 33-82560, 333-19265,
333-31393, 333-63304, 333-45348, 333-31391, 333-65547 and 333-103462) and Forms
S-3 (File No's. 333-27189, 333-37946, 333-86617 and 333-48097) of International
Remote Imaging Systems, Inc. of our report dated March 16, 2001, relating to the
financial statements and financial statement schedule of International Remote
Imaging Systems, Inc. for the year ended December 31, 2000, which appears in
this Form 10-K.

/s/PricewaterhouseCoopers LLP

Los Angeles, California
March 27, 2003
##### 



EXHIBIT 10.12
 RTI INTERNATIONAL METALS, INC.
2004 STOCK PLAN
Dated April 30, 2004
 As amended January 26, 2007
 Purpose Company Common Stock
 Definitions .
 Administrator
 Annual Meeting
 Award
 Award Agreement
 Board
 Change in Control




---



##### 



Code
 Committee
 Director
 Disability
 Effective Date
 Exchange Act
 Fair Market Value
 Option
 Parent
 Participant
 Plan
 Prior Stock Plans
 2




---



##### 



Restricted Stock
 Restricted Stock Award
 Restricted Stock Unit Award
 Retirement
 Shares
 Stock Appreciation Right
 Stock Unit
 Subsidiary or Subsidiaries
 Year
 Eligibility .
 Administration .
        3




---



##### 



Shares Subject to the Plan .
      Options.
 4




---



##### 



Price and Term of Options
 Payment
 Award Agreement
 Stock Appreciation Rights.
 Restricted Stock.
 Annual Retainer to Directors
 Director Retainer Payments. Retainer Payment
 Grant of Restricted Stock
 5




---



##### 



Lapse of Restrictions
 Forfeiture
 Other Stock-Based Awards .
 Additional Maximums.
 Amendment and Termination .
 Amendments to the Plan
 Correction of Defects, Omissions and Inconsistencies
 Compliance with Governmental Regulations .
 6




---



##### 



Compliance with Section 16 .
 Change in Control Provisions.
 General Provisions .
 No Rights of Stockholders
 Transferability of Awards
 No Limit on Other Compensation Arrangements
 Governing Law
 Severability
 No Trust or Fund Created
 Withholding
 7




---



##### 



No Right to Continued Employment or Board Membership
 Cancellation
 Effective Date of Plan
 Term of the Plan
 8