alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### STATE of Missouri, Plaintiff/Appellant, v. Michael R. POLLEY, Defendant/Respondent.

No. 69583.

Missouri Court of Appeals, Eastern District, Division One.

April 30, 1996.

Blake R. Fischer, Asst. Pros. Atty., Franklin County, Union, for appellant.

Craig Helknann, Washington, for respondent.

Before REINHARD, P.J., and KAROHL and GRIMM, JJ.

PER CURIAM.

The State of Missouri appeals the dismissal of the driving while intoxicated charge against defendant Michael R. Polley. The trial court found the prosecution of the charge violated the Double Jeopardy Clause because defendant previously had his license administratively suspended.

This case is controlled by the Missouri Supreme Court’s recent decision in *State v. Mayo,*915 S.W.2d 758 (Mo. banc 1996). There, the court held a charge of driving while intoxicated is not barred by Double Jeopardy because the defendant’s license had been administratively suspended. Thus, it reversed the trial court’s dismissal of the charge against the defendant.

The judgment is reversed and the cause remanded for further proceedings.
#### Latonya Denise HARRELL, Appellant, v. The STATE of Texas, Appellee.

No. 1110-96.

Court of Criminal Appeals of Texas, En Banc.

Oct. 2, 1996.

R. Scott Shearer, Houston, for appellant.

Dan McCrory, Assistant District Attorney, Houston, Matthew Paul, State’s Attorney, Austin, for the State.

*OPINION ON THE APPELLANT’S PETITION FOR DISCRETIONARY REVIEW*

PER CURIAM.

A jury convicted appellant of murder, and the court assessed punishment at thirty years confinement. On direct appeal, appellant contended the judgment was void because the jury consisted of only eleven jurors. The Court of Appeals rejected this argument holding appellant waived any error. *Harrell v. State,*923 S.W.2d 104, 111 (Tex.App.—Houston [14th] 1996).

In her petition for discretionary review, appellant contends the decision of the Court of Appeals is in conflict with our opinion in *Ex parte Hernandez,*906 S.W.2d 931 (Tex.Cr.App.1995). However, the Court of Appeals did not discuss or distinguish *Hernandez.*Therefore, appellant’s petition for discretionary review is summarily granted, the judgment of the Court of Appeals is vacated and the case is remanded to that Court for *101further consideration in light of *Hernandez, swpra.*

McCORMICK, P.J., and KELLER, J.,. dissent.
CERTIFICATION
      OF CHIEF EXECUTIVE OFFICER AND


CHIEF
      FINANCIAL OFFICER


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 accompanying Quarterly Report on Form 10-QSB of Darwin
      Resources Corp. for the quarter ended July 31, 2005, I certify, pursuant to
      18
      U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
      Act of 2002, to my knowledge, that:





|(1) | the
              Quarterly Report on Form 10-QSB of Darwin Resources Corp. for the quarter
              ended July 31, 2005 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 July 31, 2005 fairly presents in all material respects,
              the
              financial condition and results of operations of Darwin Resources
              Corp.
|--- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------




By:
            /s/
                Robert FergusonName:
            Robert
                FergusonTitle:
            President,
                Chief Financial Officer and DirectorDate:
            September
                14, 2005
#### STATE of Missouri, Respondent, v. Hayward J. SILAS, Appellant. Hayward J. SILAS, Appellant, v. STATE of Missouri, Respondent.

Nos. WD 45587, WD 47554.

Missouri Court of Appeals, Western District.

July 5, 1994.

Motion for Rehearing and/or Transfer to Supreme Court Denied Aug. 30, 1994.

Application to Transfer Denied Sept. 20, 1994.

Susan L. Hogan, Appellate Defender, Kansas City, for appellant.

*287Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before ULRICH, P.J., and BRECKENRIDGE and SPINDEN, JJ.

*ORDER*

PER CURIAM:

Appeal from the conviction following a jury trial of attempted forcible sodomy, § 566.-060.2, RSMo 1986, and from the denial of a Rule 29.15 motion for post-conviction relief after an evidentiary hearing.

Judgment affirmed. Rule 84.16(b).
#### Anna M. ROBINSON, Trustee, et al., Appellants, v. John P. RACCAGNO, Respondent.

No. WD 41455.

Missouri Court of Appeals, Western District.

Feb. 13, 1990.

Theodore C. Beckett and Lawrence J. Zimmerman, Kansas City, for appellants.

J. Bret Armatas, Kansas City, for respondent.

Before SHANGLER, P.J., and TURNAGE and KENNEDY, JJ.

ORDER

PER CURIAM.

The plaintiffs-trustees appeal from a judgment entered in favor of the defendant lessee in their action to collect tax payments due under a lease provision and for possession of the premises tried to the court.

The judgment is affirmed. Rule 84.16(b).
EXHIBIT 32.2


                            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 Sonoma College, Inc. (the "Company")
on Form 10-QSB for the fiscal quarter ended December 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, David
H. Weaver, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of
2002, that:

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

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


/s/ David H. Weaver
------------------------
David H. Weaver
Chief Financial Officer
March 7, 2006
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

JOHN FINLEY WALKER,

Appellant,

v.

THE STATE OF TEXAS,

Appellee. §

§

§

§

§

§ No. 08

- 17

- 00133

- CR

Appeal from

394th District Court

of Brewster County, Texas

(TC # 4397 )

J U D G M E N T

The Court has considered this cause on the record and concludes there was no error in the

judgment. We therefore affirm the judgment of the court below. This decision shall be certified

below for observance.

IT IS SO ORDERED THIS 7 TH DAY OF AUGUST , 2019.

ANN CRAWFORD McCLURE, Chief Justice

Before McClure, C.J., Rodriguez , and Palafox, JJ.
[Federal Register Volume 60, Number 76 (Thursday, April 20, 1995)]
[Notices]
[Page 19749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9736]



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

FEDERAL RESERVE SYSTEM


Georgia Bancshares, Inc., et al.; Formations of; Acquisitions by; 
and Mergers of Bank Holding Companies

    The companies listed in this notice have applied for the Board's 
approval under section 3 of the Bank Holding Company Act (12 U.S.C. 
1842) and Sec.  225.14 of the Board's Regulation Y (12 CFR 225.14) to 
become a bank holding company or to acquire a bank or bank holding 
company. The factors that are considered in acting on the applications 
are set forth in section 3(c) of the Act (12 U.S.C. 1842(c)).
    Each application is available for immediate inspection at the 
Federal Reserve Bank indicated. Once the application has been accepted 
for processing, it will also be available for inspection at the offices 
of the Board of Governors. Interested persons may express their views 
in writing to the Reserve Bank or to the offices of the Board of 
Governors. Any comment on an application that requests a hearing must 
include a statement of why a written presentation would not suffice in 
lieu of a hearing, identifying specifically any questions of fact that 
are in dispute and summarizing the evidence that would be presented at 
a hearing.
    Unless otherwise noted, comments regarding each of these 
applications must be received not later than May 15, 1995.
    A. Federal Reserve Bank of Atlanta (Zane R. Kelley, Vice President) 
104 Marietta Street, N.W., Atlanta, Georgia 30303:
    1. Georgia Bancshares, Inc., Tucker, Georgia; to become a bank 
holding company by acquiring 100 percent of the voting shares of DeKalb 
State Bank, Tucker, Georgia.
    B. Federal Reserve Bank of Minneapolis (James M. Lyon, Vice 
President) 250 Marquette Avenue, Minneapolis, Minnesota 55480:
    1. Norwest Corporation, Minneapolis, Minnesota; to acquire 100 
percent of the voting shares of Dickinson Bancorporation, Inc., 
Dickinson, North Dakota, and thereby indirectly acquire Liberty Bank 
and Trust, N.A., Dickson, North Dakota.
    C. Federal Reserve Bank of Kansas City (John E. Yorke, Senior Vice 
President) 925 Grand Avenue, Kansas City, Missouri 64198:
    1. BOK Financial Corporation, Tulsa, Oklahoma; to acquire 7.5 
percent of the voting shares of Security National Bancshares of 
Sapulpa, Inc., Sapulpa, Oklahoma, and thereby indirectly acquire 
Security National Bank of Sapulpa. Sapulpa, Oklahoma.

    Board of Governors of the Federal Reserve System, April 14, 
1995.
Jennifer J. Johnson,
Deputy Secretary of the Board.
[FR Doc. 95-9736 Filed 4-19-95; 8:45 am]
BILLING CODE 6210-01-F
<Page>

                                                                   EXHIBIT 31.02

                     RULE 13a-14(a)/15d-14(a) CERTIFICATIONS

I, Michael L. Pungello, certify that:

1. I have reviewed this report on Form 10-Q of ML Winton FuturesAccess LLC;

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-15(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 registrant's board of directors
(or persons performing the equivalent functions):

   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: August 12, 2005

By /s/ MICHAEL L. PUNGELLO
   -----------------------
Michael L. Pungello
Vice President, Chief Financial Officer
and Treasurer
(Principal Financial and Accounting Officer)
ex10-4.htm


    
      
        EXHIBIT 10.4

      

    

    
 

    AMENDMENT
NUMBER FOUR

    TO
THE

    EG&G
TECHNICAL SERVICES, INC. EMPLOYEES RETIREMENT PLAN

    (2007
Restatement)

    


    The
EG&G Technical Services, Inc. Employees Retirement Plan, as restated
effective January 1, 2007, is hereby amended effective as of the dates set forth
below.

     

    1. Section
1.18 of the Plan is hereby amended effective as of December 26, 2009 by the
addition of a new third paragraph to read as follows:

     

    “Employer
shall also mean Washington Group International, Inc., solely with respect to
those employees who transferred from the Energy & Environment business unit
of the Company headquartered in Morgantown, West Virginia to Washington Group
International, Inc., effective December 26, 2009, and who were Participants in
the Plan on or prior to that date.”

     

     

     

    


    
      
        	EG&G Technical Services,
      Inc.	 	 
	 	 	 	 
	Dated:
      	
                12/18/09

              	
                 

              	
                By:
      

              	/s/ H.
      Thomas Hicks	 
	 	 	 	 
	 	Title:	VP
      & CFO	 
	 	 	 	 


      

    

    


                         

    
      1
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-2018-0025-7825

Nissan North America, 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 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,

Joseph Barloon

General Counsel
<Page>

                                                                   EXHIBIT 31.02

                     RULE 13a-14(a)/15d-14(a) CERTIFICATIONS

I, Michael L. Pungello, certify that:

1. I have reviewed this report on Form 10-Q of ML Aspect FuturesAccess LLC;

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-15(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 registrant's board of directors
(or persons performing the equivalent functions):

   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: November 14, 2005
-----------------------

By /s/ MICHAEL L. PUNGELLO
   -----------------------
Michael L. Pungello
Vice President, Chief Financial Officer
and Treasurer
(Principal Financial and Accounting Officer)
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

April 12, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-6420

Sims Group USA Holdings Corporation, dba Sims Metal Management: 

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

_04.15.19.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,

Stephen P. Vaughn

General Counsel
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

April 12, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-7554

OK International, Inc: 

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

_04.15.19.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,

Stephen P. Vaughn

General Counsel
#### In re MARRIAGE OF Michael D. HACHTING and Patricia K. Hachting. Michael D. HACHTING, Petitioner/Respondent, v. Patricia K. HACHTING, Respondent/Appellant.

No. 67392.

Missouri Court of Appeals, Eastern District, Division Five.

Oct. 17, 1995.

Charles E. Bridges, Bridges & Nichols, St. Charles, for appellant.

Claude C. Knight, Knight, Schoeneberg & Tomich, St. Charles, for respondent.

*155Before CRANE, C.J., SIMON, J., and BLACKMAR, Senior Judge.

*ORDER*

PER CURIAM.

This is an appeal from a decree of dissolution of marriage. The trial court’s judgment is supported by substantial evidence and is not against the weight of the evidence. No error of law appears. *Murphy v. Carron,*536 S.W.2d 30, 32 (Mo. banc 1976).

No jurisprudential purpose would be served by a written opinion. However, the parties have been furnished with a memorandum opinion for their information only, setting forth the facts and reasons for this order.

The judgment is affirmed in accordance with Rule 84.16(b).