alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Mary C. HULSEY, Employee/Respondent, v. KASCO CORPORATION and National Union Fire Insurance Company, Employer/Insurer/Appellant.

No. 65533.

Missouri Court of Appeals, Eastern District, Division Two.

Nov. 1, 1994.

Robert N. Hendershot, Evans & Dixon, St. Louis, for appellant.

Marjorie Carter, Susan K. Roach, Law Offices of Susan K. Roach, Chesterfield, for respondent.

*218Before SMITH, P.J., and PUDLOWSKI and WHITE, JJ.

*MEMORANDUM DECISION*

PER CURIAM.

Employer/insurer appeals from an award of the Labor and Industrial Commission in favor of the employee in a workers compensation case. The order of the Commission is supported by competent and substantial evidence on the whole record. No error of law appears. An opinion would have no prece-dential value. Judgment affirmed pursuant to Rule 84.16(b).
[Federal Register Volume 60, Number 59 (Tuesday, March 28, 1995)]
[Notices]
[Page 15913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7594]



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

ENVIRONMENTAL PROTECTION AGENCY
[FRL-5172-6]


Agency Information Collection Activities Under OMB Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this notice announces the Office of Management 
and Budget's (OMB) responses to Agency PRA clearance requests.

FOR FURTHER INFORMATION CONTACT: Sandy Farmer (202) 260-2740, please 
refer to the EPA ICR No.

SUPPLEMENTARY INFORMATION:

OMB Responses to Agency PRA Clearance Requests

OMB Approvals

     EPA ICR No. 1716.01; NESHAP for Wood Furniture Manufacturing 
Operations, 63-JJ; was approved 02/10/95; OMB No. 2060-0324; expires 
02/28/98.
    EPA ICR No. 0559.05; Application for Reference or Equivalent Method 
Determination; was approved 01/31/95; OMB No. 2080-0005; expires 01/31/
98.
    EPA ICR No. 1432.15; Recordkeeping and Periodic Reporting of the 
Production, Import, Export, Recycling, Destruction, Transhipment and 
Feedstock use of Ozone-Depleting Substances; was approved 01/31/95; OMB 
No. 2060-0170; expires 09/30/96.
    EPA ICR No. 1463.03; National Oil and Hazardous Substances 
Pollution Contingency Plan (NCP); was approved 01/31/95; OMB No. 2050-
0096; expires 01/31/98.
    EPA ICR No. 1304.04; Application for Preauthorization of a CERCLA 
Response Action Claim for CERCLA Response Action; was approved 01/27/
95; OMB No. 2050-0106; expires 01/31/98.
    EPA ICR No. 0229.09; Discharge Monitoring Report for the NPDES/
Sewage Sludge Monitoring Reports; was approved 01/20/95; OMB No. 2040-
0004; expires 01/31/98.
    EPA ICR No. 1647.01; Exports from and Imports to the United States 
under the OECD Decision; was approved 01/27/95; OMB No. 2050-0143; 
expires 01/31/98.
    EPA ICR No. 1732.01; Application to or Participation in the 
National Radon Measurement Proficiency (RMP) Program and/or the 
National Contractor Proficiency (RCP) Program; was approved 02/02/95; 
OMB No. 2060-0315; expires 02/28/98.

    Dated: March 21, 1995.
Paul Lapsley,
Director, Regulatory Management Division.
[FR Doc. 95-7594 Filed 3-27-95; 8:45 am]
BILLING CODE 6560-50-F
Exhibit 32.2

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                             18 U.S.C. SECTION 1350


         In connection with the Quarterly Report of Universal Capital
Management, Inc. (the "Company") on Form 10-Q for the period ending January 31,
2005 as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Joseph T. Drennan, Treasurer of the Company, certify,
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section
1350, that, to my knowledge:

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

         2. The information contained in the Report fairly presents, in all
material respects, the financial condition and result of operations of the
Company.



/s/ Joseph T. Drennan
--------------------------------
Joseph T. Drennan
Treasurer (Principal Financial Officer)
May 13, 2005



         The foregoing certification is being furnished solely pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350 and shall
not be deemed filed by the Company for the purposes of Section 18 of the
Securities Exchange Act of 1934 (the "Exchange Act") or otherwise subject to
liability under that Section. This certification shall not be deemed to be
incorporated by reference into any filing under the Securities Act of 1933 or
the Exchange Act except to the extent that this certification is expressly
incorporated by reference into any such filing.

         A signed original of this written statement required by 18 U.S.C.
Section 1350 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.
Exhibit
32





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 this Annual Report on Form 10-K of Ridgewood Electric Power
Trust II (the “Trust”) for the fiscal year ended December 31, 2008, as filed
with the Securities and Exchange Commission on the date hereof (the “Report”),
each of the undersigned officers of the Trust hereby certifies, pursuant to 18
U.S.C. (section) 1350, as adopted pursuant to (section) 906 of the
Sarbanes-Oxley Act of 2002, that to the best of his knowledge:





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





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








/s/
      Randall D. HolmesName:
            Randall
      D. HolmesTitle:
            President
      and Chief Executive Officer
              (Principal
      Executive Officer)Dated:
            March
      27, 2009





/s/
      Jeffrey H. StrasbergName:
            Jeffrey
      H. StrasbergTitle:
            Executive
      Vice President and Chief Financial Officer(Principal
      Financial and Accounting Officer)Dated:
            March
      27, 2009
<PAGE>
 
                                                            EXHIBIT 11.1


                              ACCESS HEALTH, INC.
                STATEMENT RE: COMPUTATION OF PER SHARE EARNINGS
                   (IN THOUSANDS, EXCEPT PER SHARE AMOUNTS)
<TABLE>
<CAPTION>
                                             Years ended September 30,
                                        --------------------------------
                                             1994       1995      1996
                                        -----------  ---------  --------
<S>                                        <C>         <C>       <C>
PRIMARY:
   Weighted average common shares       
    outstanding.........................      9,456     10,078    11,998
   Common equivalent shares from stock   
    options using the treasury stock
    method (using average market price).          -      1,067     1,342
                                            -------    -------   -------  
   Shares used in per share calculations      9,456     11,145    13,340
                                            =======    =======   =======
   Net income (loss)....................    $(2,296)   $ 1,540   $ 8,125
                                            =======    =======   ======= 
   Net income (loss) per share..........    $ (0.24)   $  0.14   $  0.61
                                            =======    =======   ======= 
 
FULLY DILUTED:
   Weighted average common shares           
    outstanding.........................      9,456     10,078    11,998
   Common equivalent shares from stock    
    options using the treasury stock
    method (using year-end market         
    price, if higher than average
    market price).......................          -      1,294     1,576
                                            -------    -------   -------
   Shares used in per share calculations(1)   9,456     11,372    13,574
                                            =======    =======   ======= 
   Net income (loss)....................    $(2,296)   $ 1,540   $ 8,125
                                            =======    =======   ======= 
   Net income (loss) per share(1).......    $ (0.24)   $  0.14   $  0.60
                                            =======    =======   =======

(1) Shares used in per share calculations have been adjusted for the Company's 
three-for-two stock split.

</TABLE>

                                                                              47
#### The People of the State of New York, Respondent, v Lewis Epps, Appellant.

Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered on February 2, 1989, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree and sentencing defendant to an indeterminate term of imprisonment of from 3 to 6 years, unanimously affirmed.

We are unpersuaded that the sentence imposed was unduly harsh or severe. Taking into account, "among other things, the crime charged, the particular circumstances of the individual before the court and the purpose of a penal sanction”, we perceive no abuse of discretion warranting a reduction in sentence. *(People v Farrar,*52 NY2d 302, 305.)

*282Further, defendant was sentenced in accordance with his plea bargain and within statutory guidelines. "Having received the benefit of his bargain, defendant should be bound by its terms.” *(People v Felman,*141 AD2d 889, 890, *Iv denied*72 NY2d 918.) Concur—Kupferman, J. P., Ellerin, Wallach and Smith, JJ.
**Exhibit
      31.2**




**CERTIFICATION**




I,
      Joseph
      T. Drennan, certify that:




1.
      I have
      reviewed this Quarterly Report on Form 10-Q of Universal Capital Management,
      Inc.;




2.
      Based
      on my knowledge, this report does not contain any untrue statement of a material
      fact or omit to state a material fact necessary to make the statements made,
      in
      light of the circumstances under which such statements were made, not misleading
      with respect to the period covered by this report;




3.
      Based
      on my knowledge, the financial statements, and other financial information
      included in this report, fairly present in all material respects the financial
      condition, results of operations and cash flows of the registrant as of, and
      for, the periods presented in this report;




4.
      The
      registrant’s other certifying officer and I are responsible for establishing and
      maintaining disclosure controls and procedures (as defined in Exchange Act
      Rules
      13a-l5 (e) and 15d-15 (e)) for the registrant and have:




(a)  Designed
      such disclosure controls and procedures, or caused such disclosure controls
      and
      procedures to be designed under our supervision, to ensure that material
      information relating to the registrant, including its consolidated subsidiaries,
      is made known to us by others within those entities, particularly during the
      period in which this report is being prepared;




(b)  Evaluated
      the effectiveness of the registrant’s disclosure controls and procedures and
      presented in this report our conclusions about the effectiveness of the
      disclosure controls and procedures, as of the end of the period covered by
      this
      report based on such evaluation; and




(c)  Disclosed
      in this report any change in the registrant’s internal control over financial
      reporting that occurred during the registrant’s most recent fiscal quarter that
      has materially affected, or is reasonably likely to materially affect, the
      registrant’s internal control over financial reporting; and




5.  The
      registrant’s other certifying officer and I have disclosed, based on our most
      recent evaluation of internal control over financial reporting, to the
      registrant’s auditors and the audit committee of the registrant’s board of
      directors:




(a)  All
      significant deficiencies and material weaknesses in the design or operation
      of
      internal control over financial reporting which are reasonably likely to
      adversely affect the registrant’s ability to record, process, summarize and
      report financial information; and




(b)  Any
      fraud, whether or not material, that involves management or other employees
      who
      have a significant role in the registrant’s internal control over financial
      reporting.




Date:
                September 15, 2006
            /s/
          Joseph T. Drennan
              Joseph
                T. Drennan
              Principal
                Financial Officer
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

March 15, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-3975

Academy, Ltd:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20.

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that the imposition of additional duties on 

the particular product would cause severe economic harm to you or other U.S. interests.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn

General Counsel
#### The People of the State of New York, Respondent, v Lonnie P. Honsinger, Appellant.

Mikoll, J.

Appeal from a judgment of the County Court of Rensselaer County (Dwyer, Jr., J.), rendered March 21, 1989, convicting defendant upon his plea of guilty of the crimes of robbery in the first degree (three counts) and grand larceny in the fourth degree (two counts).

Defendant, by his plea of guilty, admitted that he and his codefendant, armed with what appeared to be a pistol, forcibly stole property from two adult males near a restaurant. Defendant was sentenced to prison terms of 4 to 12 years on each of the first degree robbery counts and *IVz*to 4 years on each of *878the fourth degree grand larceny counts. All sentences are to be served concurrently.

On this appeal defendant argues that (1) it was constitutionally impermissible for County Court to sentence him to 4 to 12 years each on the robbery counts when his jointly indicted codefendant was sentenced to only 3-to-9-year terms for the same crimes, and (2) in view of defendant’s severe drug dependency problem at the time of the crime this court should modify his sentence by reducing it to the term of his codefendant or less. We disagree.

A defendant’s right to equal protection is not violated if a codefendant has received a lesser sentence for the same crime where there are distinguishing factors such as exist in this case *(see, People v Warden,*141 AD2d 913, 914; *People v Roberts,*35 AD2d 760). There was evidence which County Court could credit in sentencing defendant that he was the instigating factor in the decision to engage in the robbery and was the one who pointed the alleged toy gun wrapped with black electrical tape at the victims. Further, the court noted that defendant sought to minimize the severity of the offense and considered the whole incident a joke.

Self-induced drug and alcohol problems do not present the type of extraordinary circumstances which would warrant reduction of the sentence imposed by County Court in these circumstances *(see, People v Mackey,*136 AD2d 780, 781, *Iv denied*71 NY2d 899). Defendant demonstrated no acceptable reason to disturb the sentence imposed on the ground that it is harsh and excessive *(see, supra).*

Judgment affirmed. Kane, J. P., Casey, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.
```
[Federal Register Volume 60, Number 67 (Friday, April 7, 1995)]
[Notices]
[Pages 17828-17829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8571]

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

NATIONAL SCIENCE FOUNDATION

Special Emphasis Panel in Office of Systemic Reform; Notice of 
Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-
463, as amended), the National Science Foundation announces the 
following meeting.

    Name and Code: Special Emphasis Panel in Office of Systemic 
Reform (1765).
    Dates and Times: April 24, 1995 and April 25, 1995 (8am-5pm).
    Place: Holiday Inn-Arlington, 4610 N. Fairfax Drive, Arlington, 
VA 22203.
    Type of Meeting: Closed.
    Contact Persons: Gerald Gipp or Jody Chase, Program Directors, 
Rural Systemic Initiatives, Room 875, National Science Foundation, 
4201 Wilson Boulevard, Arlington, VA 22230, Telephone: (703) 306-
1684.
    Purpose of Meeting: To provide advice and recommendations 
concerning proposals submitted to NSF for financial support.
    Agenda: To review and evaluate proposals for the Rural Systemic 
Initiatives Program as part of the selection process for awards.
    Reason for Closing: The proposals being reviewed include 
information of a proprietary or confidential nature, including 
technical information; financial data, such as salaries; and 
personal information concerning individuals associated with the 
proposals. These matters are exempt under 5 U.S.C. 552b(c), (4) and 
(6) of the Government in the Sunshine Act.

    [[Page 17829]] Dated: April 3, 1995.
M. Rebecca Winkler,
Committee Management Officer.
[FR Doc. 95-8571 Filed 4-6-95; 8:45 am]
BILLING CODE 7555-01-M
```
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-7681

HERBERT CURTIS,

Plaintiff - Appellant,

versus

ROBERT WARD, Warden of Evans Correctional

Institute; STUKEY, Major at Evans Correctional

Institute; PAT BROWN, Lieutenant at Evans

Correctional Institute; GIBSON, Correctional

Officer at Evans Correctional Institute;

GRIFFIN, Investigator at Evans Correctional

Institute; M. K. GALLOWAY, Head of Grievance

at Evans Correctional Institute,

Defendants - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Florence. David C. Norton, District Judge.

(CA-97-2515-4-18BE)

Submitted: February 26, 1998 Decided: March 20, 1998

Before WILKINS, NIEMEYER, and HAMILTON, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Herbert Curtis, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals the district court's order denying relief on

his 42 U.S.C. § 1983 (1994) 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. Curtis v. Ward, No. CA-97-

2515-4-18BE (D.S.C. Oct. 27, 1997). 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
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

May 29, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-5301

Radio Systems Corp:

I am pleased to notify you that the United States Trade Representative has determined to 

grant the above-referenced exclusion request submitted pursuant to the notice published at 83 FR 

32181 (‘July 11 notice’). The exclusion determination is set out in a formal notice which has 

been submitted to Office of the Federal Register for publication (‘the exclusion notice’). A prepublication version of the exclusion notice has been posted on the USTR website, at 

https://ustr.gov/sites/default/files/enforcement/301Investigations/Notice_of_Product_Exclusions

_5-30-2019.pdf.

The scope of the exclusion is governed by the formal HTSUS language in the annex to 

the product exclusion notice, and not by the product descriptions set out in any particular request 

for exclusion. An exclusion in response to your request has been granted by excluding from the 

additional tariffs products covered by a specially drafted description contained in the annex to 

the product exclusion notice. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation

Sincerely,

Joseph Barloon

General Counsel
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

July 23, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-5779

Alo USA Inc:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20.

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request did not contain a sufficient product identification or was 

determined to be non-administrable.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Joseph Barloon

General Counsel