alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Ellen Louise Legg *v.*Dorris Leonard Legg, *II*

(No. 14881)

Decided March 26, 1982.

*Henderson and Redd and William L. Redd*for appellant.

*Robert K. Means*for appellee.

Per Curiam:

The appellant, Ellen Legg, appeals from a final order of the Circuit Court of Cabell County transferring custody of her infant child to the appellee, Dorris Legg, the child’s natural father. The appellant contends here that the trial court applied an incorrect legal standard in changing custody of the infant. We agree.

*754The parties to this action were formerly husband and wife. They were divorced in 1976 by order of the Circuit Court of Cabell County and the appellant was granted custody of their infant child. In October, 1979, the appellant filed a petition seeking an increase in child support payments. The appellee counterclaimed, alleging that appellant was committing sexual indiscretions that rendered her unfit to retain custody of the child and requesting that he be granted custody. The lower court modified its previous order and granted appellee’s request for a change of custody. The appellant contends here that the circuit court erred in not applying the fitness standard when evaluating the request for a change of custody. We agree, but for reasons unrelated to the fitness standard.

In *Garska v. McCoy,*_ W.Va. _, 278 S.E.2d 357 (1981), we held that the custody of a very young child should be with the primary caretaker if he or she meets a minimum, objective standard of behavior which qualified him or her as a fit parent. This rule, urged by the appellant as the proper test in this case, applies only to an initial custody award. A different standard of review is used to determine when a change of custody should be made. “To justify a change of child custody, in addition to a change in circumstances of the parties, it must be shown that such action would materially promote the welfare of the child.” Syl. pt. 3, *Horton v. Horton,*164 W.Va. 358, 264 S.E.2d 160 (1980). *See: Cloud v. Cloud,*161 W.Va. 45, 239 S.E.2d 669 (1977); *Holstein v. Holstein,*152 W.Va. 119, 160 S.E.2d 177 (1968); *Pugh v. Pugh,*133 W.Va. 501, 56 S.E.2d 901 (1949).

The record reveals that the conditions of this test were not met here. The evidence below centered primarily on the fitness of the appellant as a parent. There was no showing that the circumstances of the parties had been altered or that a change of custody would materially promote the welfare of the child. The trial court may have had good and proper reasons that do not appear in the record for ordering the change of custody. The record in this case leaves us with the impression that the child *755might be better off with the father, but we note that, in any event, the appellant is entitled to the rule of law that a change in circumstances and material benefit to the child must be shown to warrant a change of custody. Accordingly, the lower court erred.

For the foregoing reasons, we reverse the judgment of the Circuit Court of Cabell County and remand for further proceedings consistent with this opinion.

*Reversed and remanded.*
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 01-1474

___________ James A. Washington, * * Appellee, * * Appeal from the United States v. * District Court for the * District of Nebraska. First Data Resources, Inc., * * [UNPUBLISHED] Appellant, * * Timothy Rosenthal; Theodore * Henkenius; Ronald Doty; Pamela * S. Wallman; Dianne M. Blum, * * Defendants. *

___________ Submitted: June 29, 2001 Filed: July 9, 2001

___________ Before HANSEN, MORRIS SHEPPARD ARNOLD, and BYE, Circuit Judges.

___________ PER CURIAM.

James A. Washington sued his former employer, First Data Resources, Inc. (First Data), asserting, inter alia, claims under the Family Medical Leave Act, 29 U.S.C.1 The Honorable Thomas M. Shanahan, United States District Judge for the

District of Nebraska. -2- §§ 2601-2654. The district court 1 granted summary judgment to First Data, and Washingtonappealed. In this related appeal, First Data challenges the district court’s denialof its motion to correct the judgment to include an amount for sanctions against Washington. We find no abuse of discretion, as First Data can move the district court for the proposed correction following our disposition of Washington’s summary judgment appeal. See Panama

Processes, S.A. v. Cities Serv. Co. , 789 F.2d 991, 993- 94 (2d Cir. 1986). Accordingly, we affirm. See 8th Cir. R. 47B. A true copy.
Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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.                  

###### Environmental Protection Agency

          - [FR1-8525-7]

# AGENCY:

Notice of a public conference call meeting; Correction.

# SUMMARY:

The EPA indicated that reports being reviewed by the HICCAC would be incorporated into a scientific assessment to be published by the U.S. Climate Change Science Program and that the public would have a chance to review and comment on the scientific assessment in April 2008. The availability of the scientific assessment for public review and comment is incorrect.

# FOR FURTHER INFORAMTION CONTACT:

                        Joanna Foellmer, Designated Federal Official, HICCAC, by telephone: 703-347-8508, by e-mail:                         *foellmer.joanna@epa.gov,*                         by fax: 703-347-8694, or by regular mail: Joanna Foellmer, ORD/NCEA (Mail Code 8601P), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.                    

## Correction

                        In the                         **Federal Register**                         of January 7, 2008, in FR Doc. 38-22, on page 1222, in the second column, change the last two sentences before the                         *Public Participation*                         section to read:                    

                        The CCSP expects that the scientific assessment will be completed by May 31, 2008. The scientific assessment will undergo an external peer review consistent with the OMB peer review guidance for a Highly Influential Scientific Assessment (HISA). For details on the scientific assessment review please go to:                         *http://www.cio.noaa.gov/​itmanagement/​prplans/​ID102.html.*

January 25, 2008.

Michael W. Slimak, 

Acting Deputy Director, National Center, for Environmental Assessment.

[FR Doc. 08-492 Filed 2-4-08: 8:45 am]

BILLING CODE 6560-60-M
EXHIBIT
32: Rule 13a-14(b) Certification





Pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officer of Noble Medical Products,
Inc. (the “Company”) certifies that:




1.           The
Quarterly Report on Form 10-QSB of the Company for the period ended June 30,
2008 (the “Report”) fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d));
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:  August
      14, 2008
            By:
      /s/ Richard
  KrutosikRichard
      Krutosik, Chief Executive Officerand
      Chief Financial
Officer
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.                  

###### Commodity Futures Trading Commission

# Time and Date:

11 a.m., Wednesday, June 11, 2008. 

# Place:

1155 21st St., NW., Washington, DC, 9th Floor Commission Conference Room. 

# Status: 

Closed. 

# Matters to be Considered: 

Risk Surveillance. 

# Contact Person for More Information: 

Sauntia S. Warfield, 202-418-5084. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. 08-1291 Filed 5-22-08; 11:35 am] 

BILLING CODE 6351-01-P
**EXHIBIT  32.2**

 

**CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with theQuarterly Report of Adelphia Recovery Trust (the “Trust”) on Form 10-Q forthe period ended March 31, 2010 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Jeffrey A. Brodsky, a memberof Quest Turnaround Advisors, LLC, Trust Administrator of the Trust, certify,pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of theSarbanes-Oxley Act of 2002, that to the best of my knowledge:

 

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

 

2. The information contained in the Report fairly presents, in allmaterial respects, the financial condition and results of operations of theTrust.

 

By:  Quest Turnaround Advisors, LLC

as Trust Administrator ofthe Adelphia Recovery Trust

 
| /s/ Jeffrey A. Brodsky  |   |
|-------------------------|--------|
| Jeffrey A. Brodsky      |   |
| Member                  |   |
|                    |   |
|                    |   |
| Date:  May 7, 2010 |   |

 

----
**Exhibit 99.2**

 

CertificatePursuant to18 U.S.C. Section 1350as Adopted Pursuant toSection 906 of the Sarbanes-Oxley Act of 2002

 

In connection with the Annual Report of AccessAnytime Bancorp, Inc. (the “Company”) on Form 10-KSB for the period ended December31, 2002, as filed with the Securities and Exchange Commission on the datehereof  (the “Report”), I, Ken Huey,Jr., Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of2002, that:

 

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

 

2. The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 
| Date:  March 4, 2003 |   | /s/ Ken Huey, Jr. |
|---------------------------|--------|-------------------|
|                      |   |              | Ken Huey, Jr., Chief Financial Officer, |
|                      |   |              | *(Principal  Financial and Accounting Officer)* |

 

----
# Amtsblatt L 124/2016

| | ISSN 1977-0642 |
| --- | --- |
| Amtsblatt
  der Europäischen Union | L 124 |
| | |
| Ausgabe in deutscher Sprache | Rechtsvorschriften | 59. Jahrgang13. Mai 2016 |

ISSN 1977-0642

Amtsblatt

der Europäischen Union

L 124

Ausgabe in deutscher Sprache

Rechtsvorschriften

59. Jahrgang13. Mai 2016

---

| Inhalt | | II   Rechtsakte ohne Gesetzescharakter | Seite |
| --- | --- | --- | --- |
| | | INTERINSTITUTIONELLE VEREINBARUNGEN |
| | * | Erklärung des Europäischen Parlaments und der Kommission anlässlich der Annahme der interinstitutionellen Vereinbarung über bessere Rechtsetzung vom 13. April 2016 | 1 |

Inhalt

II   Rechtsakte ohne Gesetzescharakter

Seite

INTERINSTITUTIONELLE VEREINBARUNGEN

*

Erklärung des Europäischen Parlaments und der Kommission anlässlich der Annahme der interinstitutionellen Vereinbarung über bessere Rechtsetzung vom 13. April 2016

1

| DE | Bei Rechtsakten, deren Titel in magerer Schrift gedruckt sind, handelt es sich um Rechtsakte der laufenden Verwaltung im Bereich der Agrarpolitik, die normalerweise nur eine begrenzte Geltungsdauer haben.
  Rechtsakte, deren Titel in fetter Schrift gedruckt sind und denen ein Sternchen vorangestellt ist, sind sonstige Rechtsakte. |
| --- | --- |

DE

Bei Rechtsakten, deren Titel in magerer Schrift gedruckt sind, handelt es sich um Rechtsakte der laufenden Verwaltung im Bereich der Agrarpolitik, die normalerweise nur eine begrenzte Geltungsdauer haben.

Rechtsakte, deren Titel in fetter Schrift gedruckt sind und denen ein Sternchen vorangestellt ist, sind sonstige Rechtsakte.

---

II Rechtsakte ohne Gesetzescharakter

INTERINSTITUTIONELLE VEREINBARUNGEN

| 13.5.2016 | DE | Amtsblatt der Europäischen Union | L 124/1 |
| --- | --- | --- | --- |

13.5.2016

DE

Amtsblatt der Europäischen Union

L 124/1

---

ERKLÄRUNG DES EUROPÄISCHEN PARLAMENTS UND DER KOMMISSION ANLÄSSLICH DER ANNAHME DER INTERINSTITUTIONELLEN VEREINBARUNG ÜBER BESSERE RECHTSETZUNG VOM 13. APRIL 2016

Das Europäische Parlament und die Kommission vertreten die Auffassung, dass die Vereinbarung (1) das Gleichgewicht zwischen Europäischem Parlament, Rat und Kommission gemäß den Verträgen sowie ihren dort festgelegten jeweiligen Zuständigkeiten widerspiegelt.

1

Sie lässt die Rahmenvereinbarung vom 20. Oktober 2010 über die Beziehungen zwischen dem Europäischen Parlament und der Europäischen Kommission (2) unberührt.

2

---

(1)  
  ABl. L 123 vom 12.5.2016, S. 1.

1

(2)  
  ABl. L 304 vom 20.11.2010, S. 47.

2

---
EXHIBIT 32


CERTIFICATION PURSUANT TO SECTION 906


Pursuant to 18 U.S.C. Section 1350 as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, I, the
undersigned officer of the Empire Asia Resources Corp.
(the "Company"), hereby certify to my knowledge that:


The Report on Form 10-Q for the period ended June 30, 2010
of the Company fully complies, in all material respects, with
the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934, and the information contained in the
Report fairly represents, in all material respects, the
financial condition and results of operations of the Company.


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.



                                 /s/ William Tay
                                 ----------------------------
                                 President and Director and
                                 Chief Executive Officer,
                                 Chief Financial Officer and
                                 Principal Accounting Officer


Date: July 12, 2010
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

CARLOS GONZALEZ-ALVARADO,

a.k.a. Jose Alcaraz Alvarado, a.k.a.

Caralos Gonzalez-Alvarado,

 Defendant - Appellant.

No. 12-10268

D.C. No. 4:11-cr-00443-RCC

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

Raner C. Collins, District Judge, Presiding

Submitted April 16, 2013** 

Before: CANBY, IKUTA, and WATFORD, Circuit Judges. 

Carlos Gonzalez-Alvarado appeals from the district court’s judgment and

challenges the 41-month sentence imposed following his guilty-plea conviction for

reentry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v.

FILED

APR 22 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 12-10268

California, 386 U.S. 738 (1967), Gonzalez-Alvarado’s counsel has filed a brief

stating that there are no grounds for relief, along with a motion to withdraw as

counsel of record. We have provided Gonzalez-Alvarado the opportunity to file a

pro se supplemental brief. No pro se supplemental brief or answering brief has

been filed. 

Gonzalez-Alvarado has waived his right to appeal his sentence. Our

independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80

(1988), discloses no arguable issue as to the validity of the waiver. See United

States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We accordingly dismiss

the appeal. See id. at 988. 

Counsel’s motion to withdraw is GRANTED.

DISMISSED.
# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

* * * * * * * * * * * * * * * * * * * * *

DOUGLAS A. DINUNZIO

, *

* No. 14

- 1151V

Petitioner, * Special Master Moran

*

v. * Filed: December 1 5 , 2015

*

SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;

AND HUMAN SERVICES, * Guillain

- Barré S yndrome (“GBS”).

*

Respondent. *

* * * * * * * * * * * * * * * * * * * * *

Nancy R. Meyers

, Ward Black Law, Greensboro, NC, for Petitioner;

Julia W. McInerny

, U nited States Dep’t of Justice, Washington, DC

, for

Respondent.

UNPUBLISHED DECISION 1

On December 11, 2015 , respondent filed a joint stipulation concerning the

petition for compensation filed by Douglas A. Dinunzio on November 25 , 201 4

. In his petition, Mr. Dinunzio alleged that the seasonal influenza (“flu”) vaccine

, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a),

and which he received on January 25, 2014 , caused him to suffer Guillain

- Barré

S yndrom e (“GBS”). Petitioner further alleges that he experienced the residual

effects of this condition for more than six months. Petitioner represents that there

has been no prior award or settlement of a civil action for damages as a result of

his condition.

Respondent denies that the flu vaccine caused petitioner’s GBS or any other

injury.

1 T he E

- Government Act of 2002, Pub. L. No. 107

- 347, 116 Stat. 2899, 2913 (Dec. 17,

2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),

the party has 14 days to file a motion proposing redaction of medical inform ation or other

information described in 42 U.S.C. § 300aa

- 12(d)(4). Any redactions ordered by the special

master will appear in the document posted on the website.2

Nevertheless, the parties agree to the joint stipulation, attached hereto as

“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as

the decisi on of the Court in awarding damages, on the terms set forth therein.

Damages awarded in that stipulation include:

A lump sum of $ 498,000.00 in the form of a check payable to petitioner

, Douglas A. Dinunzio. This amount represents compensation for all

damages that would be available under 42 U.S.C. § 300aa

- 15(a).

In the absence of a motion for review filed pursuant to RCFC, Appendix B,

the clerk is directed to enter judgment in case 14

- 1151V according to this decision

and the attached stipulation. 2

Any questions may be directed to my law clerk, Dan Hoffman , at (202) 357

-

63 60

.

IT IS SO ORDERED.

s/ Christian J. Moran

Christian J. Moran

Special Master

2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each

party filing a notice renouncing the right to seek review by a United States Court of Federal

Claims judge.
---

---

Exhibit 15.1

# CONSENT OF INDEPENDENT
REGISTERED PUBLIC ACCOUNTING FIRM

The Board of DirectorsEltek
Ltd.:

We consent to the incorporation by
reference in the registration statement on Form S-8 (File No. 333-123559) of Eltek Ltd.
(the Company) of our report dated April 30, 2009 with respect to the
consolidated balance sheets of the Company and its subsidiaries as of December 31, 2008
and 2007 and the related consolidated statements of operations, changes in
shareholders equity and comprehensive income (loss) and cash flows, for each of the
years in the three-year period ended December 31, 2008, which report appears in the
December 31, 2008 annual report on Form 20-F of the Company.

Our report refers to the adoption by
the Company of Financial Accounting Standards Board (FASB) No. 157, Fair
Value Measurements, effective January 1, 2008, for fair value measurements of all
financial assets and financial liabilities and for fair value measurements of
non-financial items that are recognized or disclosed at fair value in the financial
statements on a recurring basis.

Our report also refers to the
adoption by the Company of the FASB Interpretation No. 48, Accounting for
Uncertainty in Income Taxes, effective January 1, 2007.

|/s/ Somekh Chaikin
Somekh ChaikinCertified Public
Accountants (Israel)Member Firm of KPMG International |  | 
|--------------------------------------------------------------------------------------------------------------------- |  | 

Tel Aviv, IsraelApril
30, 2009



---

---
[Federal Register Volume 73, Number 41 (Friday, February 29, 2008)]
[Notices]
[Page 11136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-852]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5186-N-09]


Federal Property Suitable as Facilities To Assist the Homeless

AGENCY: Office of the Assistant Secretary for Community Planning and 
Development, HUD.

ACTION: Notice.

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

SUMMARY: This Notice identifies unutilized, underutilized, excess, and 
surplus Federal property reviewed by HUD for suitability for possible 
use to assist the homeless.

DATES: Effective Date:
    February 29, 2008.

FOR FURTHER INFORMATION CONTACT: Kathy Ezzell, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, 
DC 20410; telephone (202) 708-1234; TTY number for the hearing- and 
speech-impaired (202) 708-2565 (these telephone numbers are not toll-
free), or call the toll-free Title V information line at 800-927-7588.

SUPPLEMENTARY INFORMATION: In accordance with the December 12, 1988 
court order in National Coalition for the Homeless v. Veterans 
Administration, No. 88-2503-OG (D.D.C.), HUD publishes a Notice, on a 
weekly basis, identifying unutilized, underutilized, excess and surplus 
Federal buildings and real property that HUD has reviewed for 
suitability for use to assist the homeless. Today's Notice is for the 
purpose of announcing that no additional properties have been 
determined suitable or unsuitable this week.

    Dated: February 21, 2008.
Mark R. Johnston,
Deputy Assistant Secretary for Special Needs.
[FR Doc. 08-852 Filed 2-28-08; 8:45 am]
BILLING CODE 4210-67-M