alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Agnes Jean Murphy, Respondent, v Kulka Construction Corp. et al., Respondents, and G.R. Marshall, Inc., Appellant.

[789 NYS2d 260]

In an action to recover damages for personal injuries, the defendant G.R. Marshall, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Dunn, J.), dated October 17, 2002, as denied that branch of its cross motion which was for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs.

The cross motion of the defendant G.R. Marshall, Inc. (hereinafter Marshall), for summary judgment dismissing the complaint and all cross claims insofar as asserted against it was properly denied because Marshall failed to establish its prima facie entitlement to judgment as a matter of law *(see Alvarez v Prospect Hosp.,*68 NY2d 320, 324 [1986]; *Zuckerman v City of New York,*49 NY2d 557, 562-563 [1980]). Since it is undisputed that Marshall did not create the condition that caused the plaintiff to be injured, Marshall’s duty to the plaintiff, if any, depends upon the nature of its contractual relationship with the owner of the property *(see Palka v Servicemaster Mgt. Servs. Corp.,*83 NY2d 579 [1994]; *Eaves Brooks Costume Co. v Y.B.H. Realty Corp.,*76 NY2d 220 [1990]). Questions of fact necessary to resolve that issue preclude summary judgment: Contrary to Marshall’s contention, it is not absolved of liability due to the alleged open and obvious nature of the sidewalk defect, which is relevant only to the issue of the plaintiffs comparative fault *(see Cupo v Karfunkel,*1 AD3d 48, 52 [2003]; *Tulovic v Chase Manhattan Bank,*309 AD2d 923, 925 [2003]). Krausman, J.P., Mastro, Spolzino and Fisher, JJ., concur.
[Federal Register Volume 75, Number 214 (Friday, November 5, 2010)]
[Notices]
[Page 68321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27999]


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

DEPARTMENT OF AGRICULTURE

Forest Service


 November 1, 2010

ACTION: Notice of Public Meeting, Cherokee National Forest Resource 
Advisory Committee.

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

SUMMARY: In accordance with the Secure Rural Schools and Community Self 
Determination Act of 2000 (Pub. L. 106-393), [as reauthonized as part 
of Public Law 110-343] and the Federal Advisory Committee Act of 1972 
(FACA), the U.S. Department of Agriculture, Forest Service, Cherokee 
National Forest Resource Advisory Committee (RAC) will meet as 
indicated below.

DATES: The Cherokee National Forest RAC meeting will be conducted on 
Wednesday, December 8, 2010 from 12:30 p.m.-4:30 p.m.

ADDRESSES: McGhee Tyson Airport, 2055 Alcoa Highway, Alcoa, TN 37701. 
Meeting visitors should park in the main airport parking garage and 
bring their parking ticket to the meeting for validation. Take the 
centrally located elevator in the passenger terminal to the 3rd floor 
and see the receptionist for directions to the meeting room.

FOR FURTHER INFORMATION CONTACT: Terry Bowerman, Designated Federal 
Official, Cherokee National Forest, 4900 Asheville Hwy SR 70, 
Greeneville, TN 37743: Telephone: 423-638-4109, e-mail: 
<a href="/cdn-cgi/l/email-protection#eb9f89849c8e99868a85ab8d98c58d8e8fc59e98"><span class="__cf_email__" data-cfemail="572335382032253a363917312479313233792224">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Cherokee National Forest Resource 
Advisory Committee (RAC) proposes projects and funding to the the 
Secretary of Agriculture under Section 203 of the Secure Rural Schools 
and Community Self Determination Act of 2000, (as reauthorized as part 
of Pub. L. 110-343). The Cherokee National Forest RAC consists of 15 
people selected to serve on the committee by Secretary of Agriculture 
Tom Vilsack. Two Tennessee counties, Cocke and Monroe, are setting 
aside a percentage of their Secure Rural Schools Act payment under 
Title II of the Act to be used for projects on federal land. The RAC 
will ultimately review and recommend projects to be funded from this 
money. Projects approved must benefit National Forests lands. Projects 
can maintain infrastructure, improve the health of watersheds and 
ecosystems, protect communities, and strengthen local economies. The 
agenda for the December 8th meeting of the Cherokee National Forest RAC 
will focus on review and consideration of any proposed projects. RAC 
meetings are open to the public.

H. Thomas Speaks, Jr,
Forest Supervisor, Cherokee National Forest.
[FR Doc. 2010-27999 Filed 11-4-10; 8:45 am]
BILLING CODE 3410-11-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 09-6522

MICHAEL LERCH, 

 Petitioner – Appellant, 

 v. 

GEORGE M. HINKLE, Warden, Greensville Correctional Center, 

 Respondent – Appellee. 

Appeal from the United States District Court for the Eastern 

District of Virginia, at Richmond. M. Hannah Lauck, Magistrate 

Judge. (3:08-cv-00305-MHL) 

Submitted: September 3, 2009 Decided: November 18, 2009 

Before MICHAEL and KING, Circuit Judges, and HAMILTON, Senior 

Circuit Judge. 

Dismissed by unpublished per curiam opinion. 

Michael Lerch, Appellant Pro Se. Josephine Frances Whalen, 

Assistant Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. 
PER CURIAM: 

Michael Lerch seeks to appeal the district court’s 

order denying relief on his 28 U.S.C. § 2254 (2006) petition.* 

The order is not appealable unless a circuit justice or judge 

issues a certificate of appealability. See 28 U.S.C. 

§ 2253(c)(1) (2006). A certificate of appealability will not 

issue absent “a substantial showing of the denial of a 

constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). A 

prisoner satisfies this standard by demonstrating that 

reasonable jurists would find that any assessment of the 

constitutional claims by the district court is debatable or 

wrong and that any dispositive procedural ruling by the district 

court is likewise debatable. Miller-El v. Cockrell, 537 U.S. 

322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); 

Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have 

independently reviewed the record and conclude that Lerch has 

not made the requisite showing. Accordingly, we deny a 

certificate of appealability and dismiss the appeal. We 

dispense with oral argument because the facts and legal

 *

 The parties consented to the jurisdiction of the 

magistrate judge pursuant to 28 U.S.C. § 636(c) (2006). 

2 
3 

contentions are adequately presented in the materials before the 

court and argument would not aid the decisional process. 

DISMISSED
PAJARITO ENVIRONMENTAL EDUCATION CENTER

Exploring STEM Opportunities from New 

Mexico to the Solar System

Elizabeth Watts

6/1/23 - 5/31/25

This astronomy and planetarium programming 

expansion serves rural, underrepresented students 

across northern New Mexico. It includes classroom 

visits incorporating NASA hands-on STEM activities, 

field trips to the planetarium to learn about New 

Mexico’s contributions to space science, and family 

star-gazing nights for inspiration. The hands-on STEM 

experiences of the classroom visit will help students 

develop background knowledge about planets, and 

understand that science is something they can 

participate in. Teachers will be given NASA resources 

to extend the students’ learning. The family science 

events will feature experts helping guests view celestial 

objects through telescopes, as well as hands-on 

activities about space. Free field trips to the 

planetarium will be provided, for a program featuring 

first-hand accounts of New Mexican, Hispanic/Latino, 

and Native scientists who have contributed to the 

exploration of Earth and our solar system. The program 

will also be shared with other planetariums in the state. 

List of Partners:

• Española School District

• Pojoaque School District

• Kha'p'o Community School

• Los Luceros Historic Site

Full-dome Planetarium

Credits: Pajarito Environmental Education Center

The material contained in this document is based upon 

work supported by a NASA grant or cooperative 

agreement award #80NSSC23K0811, under the Teams 

Engaging Affiliated Museums and Informal Institutions 

(TEAM II) activity of NASA’s Next Gen STEM Project.

Explore TEAM II Products 

https://www.nasa.gov/learning-resources/search/

www.nasa.gov
#### Paschal E. Smith et al. *v.*A. D. Kelly et al.

Wills — Contest — Verdict of Jury.

Where there can he no doubt that the testator had a disposing mind, when undisturbed and free to act spontaneously, and although there is no direct proof of constraint, or controlling influence by others, yet, when the evidence shows at least an equiponderanee of probability that the document was not the voluntary will of a free and self-poised mind, the verdict of the jury and the judgment of the court, pronounced on the testimony in their hearing and view, must preponderate.

APPEAL PROM HENRY CIRCUIT COURT.

October 3, 1866.

Opinion op the Court by

Judge Robertson :

The apparent inequality in the distribution of the estate among the children and grandchildren of the testator, his long-settled hostility to unequal wills before his disability of body, and his consequent isolation and dependence on the attention of some of his sons — his declared discontent at alleged efforts to mould *397his will, his expressed anxiety to rid himself of such annoyances by removing to and buying a new tract of land to be dedicated at his^ death to one stock of his grandchildren — and his declaration after the last publication that his descendants would be equally provided for — these and other more minute circumstances conduce to give countenance to the verdict and judgment in the Circuit Court against the validity of the testamentary document involved in the issue of this suit. And, although there can be no doubt that the testator had a disposing mind when undisturbed and free to act spontaneously, and although also there is no direct proof of constraint or controlling influence by others, yet, as we think, there is at least an ■ equiponderance of probability that the document was not the voluntary *will*of a free and self-poised mind.

In such a state of case the verdict of the jury and the judgment of the Circuit Court, founded on testimony in their view and hearing, must preponderate. Harrell v. Harrell, 1 Duv. 203.

Consequently this court must, as it does, adjudge that the contested document is not the valid last will of Abraham Smith, deceased.

Wherefore, the judgment of the Circuit Court is affirmed, with instructions to that court to certify the judgment to the County Court.
UNIVERSITY CORPORATION FOR ATMOSPHERIC RESEARCH, BOULDER CO

Using a network of ozone bioindicator 

gardens to engage communities on air 

quality and NASA's TEMPO mission

Rebecca Hatheway

10/01/23 - 9/30/26

An Ozone Bioindicator Garden

Credits: UCAR

Hosts and guests of Network of Ozone Bioindicator 

Gardens in areas with diverse K-12 learners affected by 

high levels of surface ozone pollution are trained to 

identify visible leaf damage and receive resources to 

train student citizen scientists to participate in such data 

collection efforts to support NASA’s Tropospheric 

Emissions: Monitoring of Pollution (TEMPO) mission. 

Videos, and virtual workshops culminate in an inperson workshop to see first-hand visible ozone 

damage on each of the bioindicator species. Training of 

role models, a garden toolkit of learning opportunities 

for grades 4-8 about air pollution, ways to address it, 

and NASA STEM careers supports education 

opportunities, festivals, and events.

List of Partners:

• Harvard Smithsonian Center for Astrophysics

• Langley Research Center

• U.S. Smithsonian Affiliates

The material contained in this document is based upon 

work supported by a NASA grant or cooperative 

agreement award #80NSSC23M0080, under the Teams 

Engaging Affiliated Museums and Informal Institutions 

(TEAM II) activity of NASA’s Next Gen STEM Project.

Explore TEAM II Products 

https://www.nasa.gov/learning-resources/search/

www.nasa.gov
National Aeronautics and 

Space Administration

Mary W. Jackson Building NASA Headquarters 

Washington, DC 20546-0001

October 31, 2023

Reply to Attn of: General Law Practice Group

TO: Distribution

FROM: Agency Counsel for Ethics

SUBJECT: Determination Regarding Attendance by NASA employees at the Space Policy 

Institute, George Washington University Dinner on November 15, 2023. 

On November 15, 2023, the Space Policy Institute (SPI), George Washington University 

(GWU), a nonprofit organization under 501(c)(3) of the Internal Revenue Code, will host a 

dinner at the Lindner Commons Room, Elliott School of International Affairs, 1957 E. Street, 

NW, Washington, DC, from 7:00 p.m. to 9:30 p.m. A presentation will be made by Charity 

Weeden, NASA, Associate Administrator for Technology, Policy, and Strategy. 

Approximately 110 people have been invited to attend. Attendees will have a diversity of 

views or interests and will include representatives from the legislative branch, representatives 

from industry, employees of Federal agencies, academia, and international space agency DC 

representatives. The estimated cost of the event, including all food and beverages, is $125 per 

person. SPI is in control of the organizing, planning and invitations for this event. 

Attendance at this event will allow NASA attendees to exchange information regarding 

various NASA programs. I find that the event meets the requirements of a “widely attended 

gathering” as defined in 5 C.F.R. § 2635.204(g)(2). 

I further determine that there is an Agency interest in having NASA personnel attend the 

event because it will provide an opportunity for the invited persons to exchange ideas and 

views pertaining to NASA’s policies, programs, and operations. NASA employees, including 

NASA employees in non-career positions who are required to sign the ethics pledge under 

Executive Order 13989, who do not have a significant role in a matter affecting the interests 

of the sponsor may accept an invitation for free attendance to the event. In those 

circumstances, I find that the Agency’s interest in attendance outweighs any concern that the 

individual may be, or may appear to be, improperly influenced in the performance of their 

duties. 

However, NASA employees who have a significant role in any pending matter affecting the 

interests of the SPI/GWU, such as procurement duties, program management, or negotiating 

or administering a Space Act Agreement, should seek a separate determination from their 

local ethics counselor as to whether they may accept the invitation. Attendees are reminded 

to exercise any COVID-19 precautions appropriate to their individual situation. 

Adam F. Greenstone
<PAGE>
                                                                    EXHIBIT 99.1



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

         In connection with the Quarterly Report of Redhook Ale Brewery,
Incorporated (the "Company") on Form 10-Q for the period ending June 30, 2002 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Paul S. Shipman, President and Chief Executive Officer of the
Company, certify, pursuant to 18 U.S.C. Section 1350, 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.



                                    BY:   /s/  Paul S. Shipman
                                  ----------------------------------------------
                                           Paul S. Shipman
                                           President, Chief Executive Officer
                                           August 14, 2002
EXHIBIT
32.2





Certification
of Chief Financial Officer Pursuant to 18 U.S.C. Sec. 1350


(Section
906 of the Sarbanes-Oxley Act of 2002)





Pursuant
to 18 U.S.C. Sec. 1350, the undersigned officer of Sandston Corporation (the
"Company") hereby certifies, to such officer's knowledge, that the Company's
Quarterly Report on Form 10-Q for the quarter ended September 30, 2009 (the
"Report") fully complies with the requirements of Section 13(a) or 15(d), as
applicable, of the Securities Exchange Act of 1934 and that the information
contained in the Report fairly presents, in all material respects, the financial
condition and results of operations of the Company.





/s/ Daniel J. DormanName:
                Daniel
      J. DormanTitle:
                President
      and Chief Executive Officer (Principal Financial
  Officer)Date:
                November
      10, 2009





The
foregoing certification (i) accompanies the filing and is being furnished solely
pursuant to 18 U.S.C. Sec. 1350, (ii) will not be deemed "filed" for purposes of
Section 18 of the Securities Exchange Act of 1934, or otherwise subject to the
liability of that section, and (iii) will 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 the small business issuer specifically incorporates it
by reference.





A signed
original of this written statement required by Section 906, or 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 Sandston Corporation and will be retained
by Sandston Corporation and furnished to the Securities and Exchange Commission
or its staff upon request.
##### 



EXHIBIT 32.1 CERTIFICATION OF PERIODIC REPORT
PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO Section 906 OF THE SARBANES-OXLEY ACT OF 2002 For purposes of 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, in connection with the Annual Report of
Quovadx, Inc. (the Registrant) on Form 10-K for the period ended December 31,
2003, as filed with the Securities and Exchange Commission (the Commission)
on the date hereof (the Report), the undersigned President and Chief
Executive Officer of the Registrant hereby certifies, to the best of her
knowledge and belief, that: 1. The Report fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934, as amended; and 2. The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Registrant. /s/ Lorine R. SweeneyLorine R. SweeneyPresident and Chief Executive Officer March 31, 2004
UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

_______________________________

NATIONAL LABOR RELATIONS 

BOARD,

 Petitioner,

v.

CAPITAL IRON WORKS COMPANY,

 Respondent.

No. 10-9522

(NLRB No. 17-CA-24499)

_______________________________

ORDER

_______________________________

Before LUCERO, EBEL, and TYMKOVICH, Circuit Judges.

_______________________________

The motion filed by the petitioner to dismiss the captioned appeal is granted.

A copy of this order shall stand as and for the mandate of this court.

Entered for the Court,

ELISABETH A. SHUMAKER, Clerk

FILED

United States Court of Appeals

Tenth Circuit

June 29, 2010

Elisabeth A. Shumaker

Clerk of Court

Appellate Case: 10-9522 Document: 01018449297 Date Filed: 06/29/2010 Page: 1
**EXHIBIT 32.01**

 

CERTIFICATIONOF CHIEF EXECUTIVE OFFICER PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTEDPURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

Theundersigned, the Chief Executive Officer of Martek Biosciences Corporation (“theCompany”), hereby certifies that, to his knowledge, on the date hereof:

 

a)              The quarterlyreport on Form 10-Q of the Company for the period ended January 31,2010 filed on the date hereof with the Securities and Exchange Commission (“theReport”) fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

b)             Informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

Date:  March 12,2010

 
| By                      | /s/ Steve Dubin |   |
|-------------------------|-----------------|--------|
|                    |            |   |
| Steve Dubin             |            |
| Chief Executive Officer |            |

 

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

 

1

----
www.nasa.gov

THE CAMPUS OF SOUTHERN UNIVERSITY, NEW ORLEANS

THURSDAY, APRIL 27, 2023 | 8:30 A.M. TO 5:15 P.M. CT

Join the NASA Office of Small Business Programs (OSBP) and partners for an in-person small 

business conference event that will include tips, tools, and resources on doing business with 

the Agency for small businesses and Historically Black Colleges and Universities. Attendees will 

have an opportunity to learn about the procurement process at NASA, the NASA Mentor-Protégé 

Program, Federal Government opportunities, resources from Trade Associations and much more.

In partnership with: Southern University at New Orleans, U.S. Small Business Administration, 

Louisiana, APEX Accelerator (formerly Louisiana PTAC), Dillard University, Xavier University 

of Louisiana

NASA AND PARTNERS

SMALL BUSINESS AND HBCU SUMMIT

☛ Click here to register on Eventbrite. Or scan the QR code to register.
<PAGE>


EXHIBIT 10.49 TO FORM 10-K FOR YEAR ENDED DECEMBER 31, 1999
FOR NORTHWEST AIRLINES CORPORATION


         The Corporation has agreed to pay Mr. Foret a severance payment equal
to three times his annual base salary and target incentive payment in the event
his employment is terminated by the Corporation other than for cause or by Mr.
Foret for good reason. In such event, Mr. Foret will also realize the
supplemental retirement benefits described above and will continue to receive
certain specified health and welfare benefits under the Corporation's benefit
plans and programs for a specified period following his termination of
employment. Mr. Foret is also entitled to lifetime travel privileges and
accelerated vesting of his outstanding stock options in certain circumstances.
Mr. Foret is subject to a one year covenant not to compete in the event he
terminates his employment without good reason or is terminated by the
Corporation for cause.