alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Timothy G. SANDERS, Petitioner-Respondent, v. Kristen R. SANDERS, n/k/a, Kristen R. Gerdes, Respondent-Appellant.

No. 55457.

Missouri Court of Appeals, Eastern District, Northern Division.

May 23, 1989.

Robert Alan Zick, Washington, for respondent-appellant.

Glenn Allen Norton, Briscoe & B. Henderson, New London, for petitioner-respondent.

*524CRANDALL, Judge.

Kristen R. Sanders, n/k/a Kristen R. Gerdes (mother), appeals from the order of the trial court which changed primary custody of the couples’ child from mother to Timothy G. Sanders (father). We affirm.

The marriage of the parties was dissolved on December 3, 1985. A daughter was bom of the marriage on August 13, 1981. The decree of dissolution awarded primary custody to mother and liberal visitation rights to father.

In November 1987, father filed his motion to modify, seeking custody. After an evidentiary hearing in July 1988, the trial court changed primary custody to father and gave mother temporary custody at certain specified times.

In her first point, mother asserts that the trial court erred in failing to make an express finding that the modification was necessary to serve the best interests of the child. *See*§ 452.410, RSMo (1986).

After the hearing, the trial court issued its ruling from the bench. It is clear from the court’s language that it considered the best interests of the child in arriving at its decision. The court stated, “The law says that we must do what is in the best interest of the child, and the [parents’ interests] are totally secondary to that.” In addition, § 452.410 does not require that the modified decree contain an express recital of the statutory language. *See Benton v. Benton,*620 S.W.2d 433, 435-436 (Mo.App.1981). Mother’s first point is denied.

In her second point, mother contends that the evidence was not sufficient to justify the trial court’s order modifying custody. Our review is guided by *Murphy v. Carron,*536 S.W.2d 30, 32 (Mo. banc 1976). Where there is a conflict in the evidence, the trial court has the prerogative to determine the credibility of the witnesses, accepting or rejecting all, part or none of the testimony. *Ware v. Ware,*647 S.W.2d 582, 584 (Mo.App.1983).

We have reviewed the record and find that there was substantial evidence in the record which supports a finding that there has been a substantial change in the circumstances of the child or of his custodian and that a change of custody would be in the best interests of the child. *See*§ 452.410. Although there is evidence in the record which might support a different conclusion, the trier of fact has the right to reject that evidence and to believe other contradictory evidence. *See Ware,*647 S.W.2d at 584. An extended opinion on this point would have no precedential value. Rule 84.16(b). Mother’s second point is denied.

The judgment of the trial court is affirmed.

PUDLOWSKI, P.J. and GRIMM, J., concur.
EXHIBIT 31.1
 CERTIFICATIONS OF PRINCIPAL EXECUTIVE OFFICER
PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this Quarterly Report on Form 10-Q of Cole Credit Property Trust II, 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-15(e) and
15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules
13a-15(f) and 15d-15(f)) for the registrant and have:
     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 (or persons performing the equivalent
functions):
   Cole Credit Property Trust II, Inc.Date: May 14, 2010
    
    By:
    
    /s/ Christopher H. ColeName: Christopher H. ColeTitle: Chief Executive Officer
and President 
          (Principal  Executive Officer)
Exhibit 10.11.2

FIRST AMENDMENT TO 
PREMIERWEST BANKSUPPLEMENTAL EXECUTIVE RETIREMENT PLAN AGREEMENT 
(SERP)

This First Amendment dated April 24, 2008 (this Amendment), amends the Supplemental Executive Retirement Plan Agreement (SERP) by and between PremierWest Bancorp (Bancorp), PremierWest Bank (Bank, and together with Bancorp, Company) and Tom Anderson (the Executive) dated December 13, 2007 (the Agreement).

RECITALS

A.         The parties discovered a typographical error in the Agreement related to the timing ofcommencement of Early Retirement payments.B.          The parties desire to correct the error and amend the Agreement to conform to the initialunderstanding of the parties.

AGREEMENT

1.           Section 2.2.2 is amended in its entirety to read:2.2.2Payment of Benefit. The payment of the benefits under this Section shallbegin on the later of: (i) six months after Termination of Employment or (ii) NormalRetirement Date. The Bank shall pay the annual benefit to the Executive in 12 equalmonthly installments on the first day of each month for a period of 15 years and, if clause2.2(i) applies, with six monthly payments accumulated and paid on the commencementdate and one payment made each month thereafter for 14 years and six months. Themonthly payments made hereunder shall be considered a series of separate payments forpurposes of Code§409A.2.           Except as specifically amended herein, the Agreement shall remain in full force and effect.Terms not otherwise defined in this Amendment shall have the meanings set forth in the Agreement.IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first writtenabove.

|                               |                                        
|------------------------------ | ---------------------------------------
|Executive:                     | Bancorp:   PremierWest Bancorp         
|                               |                                        
|______________________________ | By:____________________________________
|Tom Anderson                   | ___________________________________    
|                               |                                        
|                               | Bank:   PremierWest Bank               
|                               |                                        
|                               | By:____________________________________
|                               | _______________________________        

- 1 -

---
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5366 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 5366

  To amend title 5, United States Code, to establish Patriot Day as a 
                            Federal holiday.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 8, 2023

    Mr. Fitzpatrick (for himself and Mr. Gottheimer) introduced the 
 following bill; which was referred to the Committee on Oversight and 
                             Accountability

_______________________________________________________________________

                                 A BILL

 
  To amend title 5, United States Code, to establish Patriot Day as a 
                            Federal holiday.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Patriot Day Act''.

SEC. 2. PATRIOT DAY.

    Section 6103(a) of title 5, United States Code, is amended by 
inserting after the item relating to Labor Day the following:
    ``Patriot Day.''.
                                 <all>
```
[Federal Register Volume 61, Number 84 (Tuesday, April 30, 1996)]
[Notices]
[Page 19114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10637]



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


DEPARTMENT OF THE TREASURY

Submission for OMB Review; Comment Request

April 22, 1996.
    The Office of Thrift Supervision (OTS) has submitted the following 
public information collection requirement(s) to OMB for review and 
clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. 
Copies of the submission(s) may be obtained by calling the OTS 
Clearance Officer listed. Comments regarding this information 
collection should be addressed to the OMB reviewer listed and to the 
OTS Clearance Officer, Office of Thrift Supervision, 1700 G Street, 
NW., Washington, DC 20552.
    OMB Number: 1550-0015.
    Form Number: H-(e) ____, OTS Form 1393, Application certification 
(OTS Form no. 1606).
    Type of Review: Extension.
    Title: Savings and Loan Holding Company Application.
    Description: This information is necessary to determine whether a 
company meets the statutory standards to become a savings and loan 
holding company.
    Respondents: Savings and Loan Associations and Savings Banks.
    Estimated Number of Respondents: 212.
    Estimated Burden Hours Per Respondents: 72.4 hours.
    Frequency of Response: Occasional.
    Estimated Total Annual Burden: 107,710 hours.
    Clearance Officer: Colleen M. Devine, (202) 906-6025, Office of 
Thrift Supervision, 1700 G Street, NW., Washington, DC 20552.
    OMB Reviewer: Milo Sunderhauf, (202) 395-7340, Office of Management 
and Budget, Room 10226, New Executive Office Building, Washington, DC 
20503.
Catherine C.M. Teti,
Director, Records Management and Information Policy.
[FR Doc. 96-10637 Filed 4-29-96; 8:45 am]
BILLING CODE 6720-01-P
Order entered August 20, 2015

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05 - 14 - 00620 - CV IN THE INTEREST OF T.H.M. AND C.A.M., C HILDREN On Appeal from the 219th Judicial District Court

Collin County, Texas Trial Court Cause No. 219 - 53138 - 2012



### O RDER We GRANT appellant’s August 18, 2015 third motion for an extension of time to file a brief. Appellant shall file a brief by AUGUST 31, 2015
. We caution appellant that no further extension of time will be granted absent extraordinary c ircumstances.
/s/ ELIZABETH LANG

- MIERS JUSTICE
[Federal Register Volume 60, Number 77 (Friday, April 21, 1995)]
[Rules and Regulations]
[Page 19864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9862]



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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 675

[Docket No. 950206040-5040-01; I.D. 041795A]


Groundfish of the Bering Sea and Aleutian Islands Area; Pacific 
Ocean Perch in the Aleutian Islands Subarea

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Closure.

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

SUMMARY: NMFS is closing the directed fishery for Pacific ocean perch 
(POP) in the Aleutian Islands subarea (AI) of the Bering Sea and 
Aleutian Islands management area (BSAI). This action is necessary to 
prevent exceeding the POP total allowable catch (TAC) in the AI.

EFFECTIVE DATE: Effective 12 noon, Alaska local time (A.l.t.), April 
17, 1995, until 12 midnight, A.l.t., December 31, 1995.

FOR FURTHER INFORMATION CONTACT: Andrew N. Smoker, 907-586-7228.

SUPPLEMENTARY INFORMATION: The groundfish fishery in the BSAI exclusive 
economic zone is managed by NMFS according to the Fishery Management 
Plan for the Groundfish Fishery of the Bering Sea Aleutian Islands Area 
(FMP) prepared by the North Pacific Fishery Management Council under 
authority of the Magnuson Fishery Conservation and Management Act. 
Fishing by U.S. vessels is governed by regulations implementing the FMP 
at 50 CFR parts 620 and 675.
    In accordance with Sec. 675.20(a)(7)(ii) the POP TAC for the AI was 
established by the final groundfish specifications (60 FR 8479, 
February 14, 1995) as 8,925 metric tons (mt).
    The Director, Alaska Region, NMFS (Regional Director), has 
determined, in accordance with Sec. 675.20(a)(8), that the POP TAC in 
the AI soon will be reached. Therefore, the Regional Director has 
established a directed fishing allowance of 6,925 mt, with 
consideration that 2,000 mt will be taken as incidental catch in 
directed fishing for other species in the AI. The Regional Director has 
determined that the directed fishing allowance has been reached. 
Consequently, NMFS is prohibiting directed fishing for POP in the AI.
    Directed fishing standards for applicable gear types may be found 
in the regulations at Sec. 675.20(h).

Classification

    This action is taken under Sec. 675.20 and is exempt from review 
under E.O. 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: April 17, 1985.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 95-9862 Filed 4-17-95; 4:53 pm]
BILLING CODE 3510-22-F
[Federal Register Volume 60, Number 77 (Friday, April 21, 1995)]
[Notices]
[Page 19917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9925]



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


FEDERAL EMERGENCY MANAGEMENT AGENCY

Meeting, Federal Emergency Management Agency Advisory Board

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Notice of meeting.

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

SUMMARY: In accordance with section 10 (a)(2) of the Federal Advisory 
Committee Act, 5 U.S.C. App. 1, FEMA announces the meeting of the FEMA 
Advisory Board.

    Name: Federal Emergency Management Agency Advisory Board (FAB).
    Dates of Meeting: May 9-10, 1995
    Place: May 9, 1995--Response 95 Visitor's Center, Louisiana 
Office of Emergency Preparedness, 635 N. Fourth St., Baton Rouge, 
LA.
    May 10, 1995--Royal Sonesta Hotel, Revelers Room, 300 Bourbon 
St., New Orleans, LA 70140.
    Time: May 9, 1995, 10 a.m.-4 p.m.; May 10, 1995, 8:30 a.m.-4 
p.m.
    Proposed Agenda: May 9, 1995--Observation of FEMA hurricane 
exercise called Response 95 at the Visitor's Center in Baton Rouge.
    May 10, 1995--Discussion of the results of the FEMA Phase II of 
the National Performance Review; Performance Partnership Agreements 
with the States; and information technology issues at FEMA and among 
FEMA's partners in the emergency management system.

SUPPLEMENTARY INFORMATION: Members will be brought current on programs 
and issues concerning FEMA. Senior FEMA executives will discuss FEMA 
programs, including the status of the FEMA Phase II of National 
Performance Review and the Performance Partnership Agreements. The 
Board's advice will be solicited on the future direction of FEMA. The 
meeting will be open to the public with approximately 10 seats 
available on a first-come, first-served basis. Members of the general 
public who plan to attend the meeting should contact George Haddow, 
Policy Advisor to the Director of the Federal Emergency Management 
Agency, 500 C Street, SW, Room 825, Washington, DC 20472, (202) 646-
3291, on or before May 5, 1995.
    Minutes of the meeting will be prepared and will be available for 
public viewing upon request 60 days after the meeting.

    Dated: April 14, 1995.
James L. Witt,
Director.
[FR Doc. 95-9925 Filed 4-20-95; 8:45 am]
BILLING CODE 6718-01-P
**Exhibit 12.2**

 

----

I, Derrick A. Nicholson, certify that:

1. I have reviewed this annual report on Form 20-F of Avecia Group plc;

2. Based on my knowledge, this annual 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 annual report; 

3. Based on my knowledge, the financial statements, and other financial information included in this annual 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 annual 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 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 annual 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 annual 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 (the registrant’s fourth fiscal quarter in the case of this annual report) that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting.

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 (or persons performing the equivalent function):

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: May 14, 2004 | By: ______________________ |
|--------------------|----------------------------|
|               |                       | Derrick A. Nicholson |
|               |                       | Chief Financial Officer |

 

----
```
[Federal Register Volume 60, Number 2 (Wednesday, January 4, 1995)]
[Notices]
[Pages 455-456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-84]

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

ENVIRONMENTAL PROTECTION AGENCY
[FRL-5133-2]

Proposed Settlement Under Section 122(h) of the Comprehensive 
Environmental Response, Compensation and Liability Act

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed administrative settlement and opportunity 
for public comment.

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

SUMMARY: The U.S. Environmental Protection Agency (EPA) is proposing to 
enter into an administrative settlement to resolve claims under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980, (CERCLA), as amended. Notice is being published to inform the 
public of the proposed settlement and of the opportunity to comment. 
This settlement is intended to resolve liabilities of one party for 
costs incurred by EPA at the Chemical Control Site.

DATES: Comments must be provided by February 3, 1995.

ADDRESSES: Comments should be addressed to the U.S. Environmental 
Protection Agency, Office of Regional Counsel, New Jersey Superfund 
Branch, Room 309, 26 Federal Plaza, New York, New York 10278 and should 
refer to: In the Matter of the Chemical Control Site: Radiac Research 
Corporation, U.S. EPA Index No. II CERCLA-94-0112.

FOR FURTHER INFORMATION CONTACT: U.S. Environmental Protection Agency, 
Office of Regional Counsel, New Jersey Superfund Branch, Room 309, 26 
Federal Plaza, New York, New York 10278, (212) 264-6159, Attention: 
Kristine Leopold, Esq.

SUPPLEMENTARY INFORMATION: In accordance with Section 122(i)(1) of 
CERCLA, notice is hereby given of a proposed administrative settlement 
concerning the Chemical Control Site which is located in Elizabeth, New 
Jersey. Section 122(h) of CERCLA provides EPA with authority to 
consider, compromise, and settle certain claims for costs incurred by 
the United States.
    Radiac Research Corporation will pay a total of $40,000 under this 
agreement to reimburse EPA for response costs incurred at the Chemical 
Control Site.
    A copy of the proposed administrative settlement agreement, as well 
as background information relating to the settlement, may be obtained 
in person or by mail from EPA's Region II Office of Regional Counsel, 
New Jersey Superfund Branch, Room 309, 26 Federal Plaza, New York, New 
York 10278.

    [[Page 456]] Dated: December 23, 1994.
Conrad S. Simon,
Acting Deputy Regional Administrator.
[FR Doc. 95-84 Filed 1-3-95; 8:45 am]
BILLING CODE 6560-50-P
```
Exhibit 32.1

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

The undersigned, Remy Kozak, the Chief Executive Officer of Power Air Corporation, and Donald M. Prest, the Chief Financial Officer of Power Air Corporation, each 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 their knowledge, the Report on Form 10-QSB of Power Air Corporation, for the quarterly period ended March 31, 2007, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and that the information contained in the Report on Form 10-QSB fairly presents in all material respects the financial condition and results of operations of Power Air Corporation.

Date:     May 21, 2007.



| | /s/ "Remy Kozak"                                                                               
| | -----------------------------------------------------------------------------------------------
| | Remy Kozak
President and Chief Executive Officer

(Principal Executive Officer)                
| | /s/ "Donald M. Prest"                                                                          
| | Donald M. Prest
Secretary, Treasurer and Chief Financial Officer
(Principal Accounting Officer)

A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signatures that appear in typed form within the electronic version of this written statement required by Section 906, has been provided to Power Air Corporation and will be retained by Power Air Corporation and furnished to the Securities and Exchange Commission or its staff upon request.

__________