alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
541 A.2d 853

#### Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant *v.*Michael J. Wixon, Appellee.

Submitted on briefs February 22, 1988,

to Judges Craig and Doyle, and Senior Judge Kalish, sitting as a panel of three.

*419
      *Christopher J. Clements,*Assistant Counsel, with him, *Harold H. Cramer,*Assistant Counsel, *Spencer A. Manthorpe,*Chief Counsel, and *Henry G. Barr,*General Counsel, for appellant.

*William R. Bernhart,*for appellee.

May 27, 1988:

Opinion by

Senior Judge Kalish,

The Department of Transportation, Bureau of Driver Licensing (DOT) appeals an order of the Court of Common Pleas of Berks County which dismissed the suspension of appellees, Michael J. Wixon, driving privileges. We affirm the trial court.

Appellee was arrested for driving while under the influence of alcohol, after a police officer saw him driving erratically. Before the trial court, appellee did not contend that there was no probable cause for making the arrest. The focus was on what happened when the breathalyzer test was administered. Appellee was taken to the police station for a breathalyzer test, which he agreed to take. The officer prepared the machine and appellee blew into it twice, failing to blow hard enough to activate the machine. Appellee blew a third time, at which point, the machine was activated, and it gave a visual readout of .197% blood alcohol content. However, since the officer did not set the machine properly, the reading was not printed out, although it was clearly seen on the machine. The officer then reset the machine so that it would print, and asked appellee to take *420the test again. Appellee refused this time, and DOT suspended his drivers license pursuant to Section 1547 of the Vehicle Code, 75 Pa. C. S. §1547.

The trial court dismissed the suspension, finding that the arresting officer obtained evidence that was substantial enough for him to rely on under oath in his probable cause application and criminal complaint. The officer testified that the machine was accurate and that he had *no*doubt that appellees blood alcohol content was at least .197%. The trial court found that appellee substantially complied with the. requirement that he submit to the breathalyzer test and therefore sustained his appeal.

The issue is whether appellee refused to take the breathalyzer test. It is unreasonable to require a second test unless the first test was due to faulty equipment. *Department of Transportation v. McFarren,*514 Pa. 411, 525 A.2d 1185 (1987). Here, the error was not in the visual reading of the result of the test, which was accurate, but it was in the machines printout. An accurate machine printout is not necessary for the test to be successful. All that is necessary is that the visual reading of the result is accurate. Therefore, the request for a second test was unreasonable.

Accordingly, we affirm the order of the trial court.

Order

Now, May 27, 1988, the order of the Court of Common Pleas of Berks County, No. 85 October 1984, dated, April 8, 1985, is affirmed.
584 A.2d 246

#### STATE OF NEW JERSEY v. JOSE HERIBERTO RIOS.

June 11, 1990.

Petition for certification denied.
#### STATE of Louisiana v. Deterrious Dewayne BLACKSON.

No. 2010-KO-2133.

Supreme Court of Louisiana.

April 1, 2011.

In re Blackson, Deterrious Dewayne; — Defendant; Applying For Writ of Certio-rari and/or Review, Parish of Caddo, 1st Judicial District Court Div. 3, No. 274,164; to the Court of Appeal, Second Circuit, No. 45,525-KA.

Denied.
**Exhibit32.2**

 

**CERTIFICATIONPURSUANT TO**

**18U.S.C. SECTION 1350,**

**ASADOPTED PURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Quarterly Report of Blyth, Inc.(the “Company”) on Form 10-Q for the period ending April 30, 2004 as filedwith the Securities and Exchange Commission on the date hereof (the “Report”),I, Robert H. Barghaus, Vice President and Chief Financial Officer of theCompany, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that:

 

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

 

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

 

 
| /s/ Robert H. Barghaus                     |   |
|--------------------------------------------|--------|
| Robert H. Barghaus                         |
| Vice President and Chief Financial Officer |
| April 14, 2005                        |

 

 

This certification is made solely for the purpose of18 U.S.C. § 1350, subject to the knowledge standard contained therein, andnot for any other purpose.

 

----
# Fourth Court of Appeals San Antonio, Texas

Augus t 21, 2018

No. 04

- 18

- 00510

- CR

Rene Orlando TORRES

, Appellant

v.

The STATE of Texas, Appellee

From the 186th Judicial District Court, Bexar County, Texas

Trial Court No. 2017CR7050 Honorable Dick Alcala, Judge Presiding



### O R D E R

The trial court’s certification in this appeal states “this criminal case is a plea

- bargain case, and the defendant has NO right of appeal.” The clerk’s record contains a written plea bargain, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant; therefore, the trial court’s certification accurately reflects that the crimina l case is a plea

- bargain case. See T EX

. R. A PP

. P . 25.2(a)(2). Rule 25.2(d) of the Texas Rules of Appellate Procedure provides : “The appeal must be dismissed if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules.” T EX

. R. A PP

. P . 25.2(d). It is therefore ORDERED that this appea l will be dismissed pursuant to R ule 25.2(d) of the Texas Rules of Appellate Procedure unless appellant causes an amended trial court certification to be filed within ten days of the date of this order

, showing appe llant has the right of appeal. See T EX

. R

. A PP

. P . 25.2(d)

, 37.1; see also Dears v. State , 154 S.W.3d 610 (Tex. Crim. App. 2005); Daniels v. State

, 110 S.W.3d 174 (Tex. App.

— San Antonio 2003, no pet.). All other appellate deadlines are SUSPENDED pending our resolution of the certification issue.

_________________________________ Sandee Bryan Marion, Chief JusticeIN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 21st day of August, 2018

.

___________________________________ K eith E. H ottle Clerk of Court
#### ORACLE 1031 EXCHANGE, LLC, et al. v. Leonard BOURQUE, et al.

No. 2012-C-0546.

Supreme Court of Louisiana.

April 20, 2012.

In re Delphi Oil Inc.; Oracle 1031 Exchange LLC et al.; Oracle Oil LLC;— Plaintiff(s); Applying For Writ of Certio-rari and/or Review, Parish of Vermilion, 15th Judicial District Court Div. E, No. *127389927; to the Court of Appeal, Third Circuit, No. 11-1133.

Denied.
[Federal Register Volume 75, Number 193 (Wednesday, October 6, 2010)]
[Notices]
[Page 61765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25113]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration


Agency Information Collection Activities: Submission for OMB 
Review; Comment Request

AGENCY: Health Resources and Services Administration, HHS.

ACTION: Correction in Burden Table.

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

SUMMARY: The Health Resources and Services Administration published an 
Agency Information Collection document in the Federal Register of 
September 17, 2010 (FR Doc. 201-023260), on page 57037, regarding the 
Black Lung Clinics Program Database (OMB No. 0915-0292). In the burden 
table, the Total responses, Hours per response and Total burden hours 
are incorrect.

Correction

    In the Federal Register issue of September 17, 2010, FR Doc. 201-
023260, on page 57037, correct the Total responses, Hours per response 
and Total burden hours as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Number of      Responses per        Total          Hours per       Total burden
                             Instrument                                respondents       respondent       responses         response          hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
Database...........................................................              15                1               15               20              300
--------------------------------------------------------------------------------------------------------------------------------------------------------


    Dated: September 28, 2010.
Sahira Rafiullah,
Director, Division of Policy and Information Coordination.
[FR Doc. 2010-25113 Filed 10-5-10; 8:45 am]
BILLING CODE 4165-15-P
EXHIBIT 99.35
                            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 MITY Enterprises, Inc. (the
"Company") on Form 10-Q for the period ended June 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I,
Bradley T Nielson, Chief Executive Officer of the Company, certify, pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 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 results of operations
         of the Company.


Date: July 30, 2003                     /s/ Bradley T Nielson
                                        -------------------------------------
                                        Bradley T Nielson
                                        Chief Executive Officer

A signed original of this written statement required by Section 906, or any
other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version 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.
585 A.2d 369

#### BOGUSLAW OCZKOWSKI v. PATRICIA OCZKOWSKI.

September 4, 1990.

Petition for certification denied.
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7362 Introduced in House (IH)]

<DOC>

115th CONGRESS
  2d Session
                                H. R. 7362

 To provide full-year appropriations for the Indian Health Service in 
the event of a partial lapse in appropriations, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 20, 2018

  Mr. Mullin introduced the following bill; which was referred to the 
                      Committee on Appropriations

_______________________________________________________________________

                                 A BILL

 
 To provide full-year appropriations for the Indian Health Service in 
the event of a partial lapse in appropriations, and for other purposes.

    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 ``Pay our Doctors Act of 2018''.

SEC. 2. FULL-YEAR APPROPRIATIONS FOR THE INDIAN HEALTH SERVICE.

    If a joint resolution making continuing appropriations for fiscal 
year 2019 is not in effect, there is hereby appropriated for fiscal 
year 2019, out of any money in the Treasury not otherwise appropriated, 
such sums as may be necessary, at an annualized rate for operations as 
provided in the Department of the Interior, Environment, and Related 
Agencies Appropriations Act, 2018 (division G of Public Law 115-141) 
for fiscal year 2018 and under the authority and conditions provided in 
such Act, for continuing projects or activities (including the costs of 
direct loans and loan guarantees) that were conducted in fiscal year 
2018 and for which appropriations, funds, or other authority were made 
available under any account relating to the Indian Health Service, 
including the ``Indian Health Services'', ``Contract Support Costs'', 
and ``Indian Health Facilities'' accounts.

SEC. 3. TERMINATION.

    Appropriations and funds made available and authority granted 
pursuant to section 2 shall be available until September 30, 2019.
                                 <all>
```
| (logo) WELLS FARGO | **Commercial Mortgage  Servicing**D1050-084, 8th Floor  401 South Tryon Street.  Charlotte, NC 28202  1-800-326-1334 |
|--------------------|----------------------------------------------------------------------------------------------------------------------|

 

 

**ANNUAL STATEMENT OFCOMPLIANCE**

 

Reference is hereby made tothat certain Pooling and Servicing Agreement dated as of June 1, 2014, by andamong DEUTSCHE MORTGAGE & ASSET RECEIVING CORPORATION, as Depositor, WELLSFARGO BANK, NATIONAL ASSOCIATION, as Master Servicer, LNR PARTNERS, LLC, asSpecial Servicer, U.S. BANK NATIONAL ASSOCIATION, as Trustee, WELLS FARGO BANK,NATIONAL ASSOCIATION, as Certificate Administrator, Paying Agent and Custodian,and PARK BRIDGE LENDER SERVICES LLC as Operating Advisor with respect toCommercial Mortgage Pass-Through Certificates, COMM 2014-UBS3 (the "Agreement").Capitalized terms used herein not otherwise defined shall have the meaningsassigned in the Agreement.

 

Pursuant to Section 10.11 ofthis Agreement, I, Daniel Bober, Executive Vice President of CommercialMortgage Services do hereby certify that:

 

1. A review of the activitiesof the Master Servicer during the period from January 1, 2016 through December31, 2016 (the “Reporting Period”), and of its performance per theAgreement during such period has been made under my supervision, and

 

2. To the best of myknowledge, based on such review, the Master Servicer has fulfilled all of itsobligations under the Agreement in all material respects throughout theReporting Period.

 

 

IN WITNESS WHEREOF, theundersigned has executed this Certificate as of the 28th day of February 2017.

 

 

/s/Daniel Bober

Daniel Bober

Executive Vice President

Wells Fargo Bank

 

 

| Wells Fargo Bank, N.A. | (logo) Together we’ll  go far |
|------------------------|-------------------------------------|
```

[Federal Register Volume 75, Number 191 (Monday, October 4, 2010)]
[Notices]
[Page 61168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24751]

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

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5415-N-16]

Notice of Availability: Notice of Funding Availability (NOFA) for 
HUD's Fiscal Year (FY) 2010 Asthma Interventions in Public and Assisted 
Multifamily Housing

AGENCY: Office of the Chief of the Human Capital Officer, HUD.

ACTION: Notice.

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

SUMMARY: HUD announces the availability on its website of the applicant 
information, submission deadlines, funding criteria, and other 
requirements for the FY2010 Asthma Interventions in Public and Assisted 
Multifamily Housing Grant Program. Approximately $2.6 million is made 
available through this NOFA, by the Consolidated Appropriations Act, 
2010 (Pub. L. 111-117, approved December 16, 2009). The purpose of this 
program is to fund demonstration projects to improve asthma control 
among children and others currently residing in federally assisted 
multifamily housing developments that are administered by local public 
housing authorities (i.e., public housing) as well as privately owned 
multifamily housing that is subsidized by HUD (e.g. project-based 
section 8, section 202, and section 811 housing).
    The notice providing information regarding the application process, 
funding criteria and eligibility requirements can be found using the 
Department of Housing and Urban Development agency link on the 
Grants.gov/Find Web site at http://www.grants.gov/search/agency.do. A 
link to Grants.gov is also available on the HUD Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. The Catalogue of Federal 
Domestic Assistance (CFDA) number for Asthma Interventions in Public 
and Assisted Multifamily Housing Grant Program is 14.914. Applications 
must be submitted electronically through Grants.gov.

FOR FURTHER INFORMATION CONTACT: For information concerning the FY2010 
Asthma Interventions in Public and Assisted Multifamily Housing Grant 
Program you may contact Dr. J. Kofi Berko, Jr., Office of Healthy Homes 
and Lead Hazard Control, Department of Housing and Urban Development; 
451 Seventh Street, SW., Room 8236, Washington, DC 20410-3000; at 202-
402-7696 (this is not a toll-free number) or via e-mail at 
[email protected]. Persons with speech or hearing impairments may 
access this telephone number via TTY by calling the toll-free Federal 
Relay Service during working hours at 800-877-8339.

    Dated: September 27, 2010.
Barbara S. Dorf,
 Director, Office of Departmental Grants Management and Oversight, 
Office of the Chief of the Human Capital Officer.
[FR Doc. 2010-24751 Filed 10-1-10; 8:45 am]
BILLING CODE 4210-67-P
```
II 

115TH CONGRESS 

2D SESSION H. R. 7293 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 21, 2018 

Received 

AN ACT 

To designate the facility of the United States Postal Service 

located at 770 Ayrault Road in Fairport, New York, 

as the ‘‘Louise and Bob Slaughter Post Office’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


pamtmann on DSKBFK8HB2PROD with BILLS
2 

HR 7293 RDS

1 SECTION 1. LOUISE AND BOB SLAUGHTER POST OFFICE. 

2 (a) DESIGNATION.—The facility of the United States 

3 Postal Service located at 770 Ayrault Road in Fairport, 

4 New York, shall be known and designated as the ‘‘Louise 

5 and Bob Slaughter Post Office’’. 

6 (b) REFERENCES.—Any reference in a law, map, reg7 ulation, document, paper, or other record of the United 

8 States to the facility referred to in subsection (a) shall 

9 be deemed to be a reference to the ‘‘Louise and Bob 

10 Slaughter Post Office’’. 

Passed the House of Representatives December 21, 

2018. 

Attest: KAREN L. HAAS, 

Clerk. 


pamtmann on DSKBFK8HB2PROD with BILLS
I 

115TH CONGRESS 

2D SESSION H. R. 7382 

To regulate lobbying by Fannie Mae and Freddie Mac, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 20, 2018 

Mr. ROYCE of California (for himself and Ms. VELA ́ZQUEZ) introduced the 

following bill; which was referred to the Committee on Financial Services 

A BILL 

To regulate lobbying by Fannie Mae and Freddie Mac, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fannie Mae and 

5 Freddie Mac Lobbying Regulation Act of 2018’’. 

6 SEC. 2. LIMITATIONS ON LOBBYING ACTIVITY BY FANNIE 

7 MAE AND FREDDIE MAC. 

8 Part 3 of subtitle A of the Federal Housing Enter9 prises Financial Safety and Soundness Act of 1992 (12 

10 U.S.C. 4601 et seq.) is amended by adding at the end 

11 the following new section: 


pbinns on DSK79D2C42PROD with BILLS
2 

•HR 7382 IH

1 ‘‘SEC. 1357. LIMITATIONS ON LOBBYING ACTIVITY BY EN2 TERPRISES. 

3 ‘‘During any period in which an enterprise is in con4 servatorship or receivership pursuant to section 1367, 

5 such enterprise may not engage in any activity that would 

6 result in such enterprise being a client for purposes of sec7 tion 3(2) of the Lobbying Disclosure Act of 1995 (2 

8 U.S.C. 1602(2)).’’. 

Æ 


pbinns on DSK79D2C42PROD with BILLS
585 A.2d 351

#### STATE OF NEW JERSEY v. CHARLES JENKINS.

July 17, 1990.

Petition for certification denied.
Exhibit 32.2

 

**CERTIFICATIONPURSUANTTOSECTION 906**

**OFTHESARBANES-OXLEYACT**

 

In connection with the Quarterly Report of Highwoods Properties, Inc. (the “Company”) on Form 10-Q for the period ended March 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Terry L. Stevens, Senior Vice President and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 results of operations of the Company. |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------|

 

| /s/ TERRYL.STEVENS                                                |   |
|-------------------------------------------------------------------|--------|
| Terry L. StevensSenior Vice President and Chief Financial Officer |   |
| May 8, 2009                                             |   |