alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Tyrie Thomas, Appellant.

[869 NYS2d 910]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered February 21, 2007, convicting him of murder in the second degree, manslaughter in the first degree, and attempted robbery in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the People improperly failed to provide him with notice pursuant to CPL 710.30 (1) of a pretrial identification procedure involving a witness who made an in-court identification of him. However, since the proof of the defendant’s guilt was overwhelming, and since there is no significant probability that the People’s failure to provide notice pursuant to CPL 710.30 (1) contributed to the defendant’s convictions, any error concerning the People’s failure to provide notice pursuant to CPL 710.30 (1) was harmless *(see People v Crimmins,*36 NY2d 230, 242 [1975]; *People v Peterkin,*245 AD2d 1050, 1050-1051 [1997]).

To the extent that the defendant’s claim of ineffective assistance of counsel is predicated upon matter dehors the record, the claim may not be reviewed on direct appeal *(see People v Monroe,*52 AD3d 623 [2008]; *People v Brisman,*51 AD3d 685 [2008]; *People v Potts,*49 AD3d 782, 783 [2008]). To the extent that the claim can be reviewed, the defendant received meaningful representation *(see People v Benevento,*91 NY2d 708, 712 *646[1998]; *People v Baldi,*54 NY2d 137, 144-147 [1981]; *People v Gonzalez,*22 AD3d 597 [2005]).

The sentence imposed was not excessive *(see People v Suitte,*90 AD2d 80 [1982]; *see also People v Taylor,*155 AD2d 630, 630-631 [1989]). Spolzino, J.E, Covello, Balkin and Belen, JJ., concur.
<TABLE> <S> <C>


<ARTICLE>                     5


<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               MAR-31-1999
<CASH>                                         625,192
<SECURITIES>                                         0
<RECEIVABLES>                                4,518,997
<ALLOWANCES>                                   687,600
<INVENTORY>                                  7,084,568
<CURRENT-ASSETS>                            11,641,255
<PP&E>                                       8,262,897
<DEPRECIATION>                               6,859,301
<TOTAL-ASSETS>                              16,750,360
<CURRENT-LIABILITIES>                        4,606,858
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        92,710
<OTHER-SE>                                   5,294,909
<TOTAL-LIABILITY-AND-EQUITY>                16,750,360
<SALES>                                     21,829,122
<TOTAL-REVENUES>                            21,829,122
<CGS>                                       15,189,640
<TOTAL-COSTS>                                8,162,945
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             501,476
<INCOME-PRETAX>                             (2,024,939)
<INCOME-TAX>                                     2,683
<INCOME-CONTINUING>                         (2,027,622)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                (2,027,622)
<EPS-BASIC>                                     (.21)
<EPS-DILUTED>                                     (.21)



</TABLE>
#### UNITED STATES of America, Plaintiff-Appellee, v. Luis Socarro CARRILLO-MARTINEZ, Defendant-Appellant.

No. 05-50706.

United States Court of Appeals, Ninth Circuit.

Submitted Oct. 11, 2006.*

Filed Oct. 17, 2006.

U.S. Attorney, USSD-Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.

Andrew Lah, Esq., FDSD-Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant.

Before: TAHSIMA, W. FLETCHER and BERZON, Circuit Judges.

*

This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

A review of the record and the opening brief indicates that the questions raised in *115this appeal are so insubstantial as not to require further argument. *See United States v. Hooton,*693 F.2d 857, 858 (9th Cir.1982) (per curiam) (stating standard).

Accordingly, we summarily affirm the district court’s judgment. Al pending motions are denied as moot.

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3921 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 3921

To modify the calculation of back pay for persons who were approved for 
  promotion as members of the Navy and Marine Corps while interned as 
 prisoners of war during World War II to take into account changes in 
                       the Consumer Price Index.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 21, 2006

  Mr. McCain introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
To modify the calculation of back pay for persons who were approved for 
  promotion as members of the Navy and Marine Corps while interned as 
 prisoners of war during World War II to take into account changes in 
                       the Consumer Price Index.

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

SECTION 1. MODIFICATION OF AMOUNT OF BACK PAY FOR MEMBERS OF NAVY AND 
              MARINE CORPS SELECTED FOR PROMOTION WHILE INTERNED AS 
              PRISONERS OF WAR DURING WORLD WAR II TO TAKE INTO ACCOUNT 
              CHANGES IN CONSUMER PRICE INDEX.

    (a) Modification.--Section 667(c) of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001 (as enacted into law by 
Public Law 106-398; 114 Stat. 1654A-170) is amended by adding at the 
end the following new paragraph:
    ``(3) The amount determined for a person under paragraph (1) shall 
be increased to reflect increases in cost of living since the basic pay 
referred to in paragraph (1)(B) was paid to or for that person, 
calculated on the basis of the Consumer Price Index (all items--United 
States city average) published monthly by the Bureau of Labor 
Statistics.''.
    (b) Recalculation of Previous Payments.--In the case of any payment 
of back pay made to or for a person under section 667 of the Floyd D. 
Spence National Defense Authorization Act for Fiscal Year 2001 before 
the date of the enactment of this Act, the Secretary of the Navy 
shall--
            (1) recalculate the amount of back pay to which the person 
        is entitled by reason of the amendment made by subsection (a); 
        and
            (2) if the amount of back pay, as so recalculated, exceeds 
        the amount of back pay so paid, pay the person, or the 
        surviving spouse of the person, an amount equal to the excess.
                                 <all>
```
<PAGE>
================================================================================


                                    FORM 6-K

                       SECURITIES AND EXCHANGE COMMISSION
                             Washington, D.C. 20549


                        Report of Foreign Private Issuer


                        PURSUANT TO RULE 13a-16 OR 15d-16
                     OF THE SECURITIES EXCHANGE ACT OF 1934

                                October 19, 2004

                         Commission File Number: 0-22346


                                 HOLLINGER INC.
                 (Translation of registrant's name into English)


                                10 TORONTO STREET
                            TORONTO, ONTARIO M5C 2B7
                                     CANADA
                    (Address of principal executive offices)

     Indicate by check mark whether the registrant files or will file annual
reports under cover Form 20-F or Form 40-F.

                       Form 20-F [X]         Form 40-F [ ]

     Indicate by check mark if the registrant is submitting the Form 6-K in
paper as permitted by Regulation S-T Rule 101(b)(1): ____________

     Indicate by check mark if the registrant is submitting the Form 6-K in
paper as permitted by Regulation S-T Rule 101(b)(7): ____________

     Indicate by check mark whether by furnishing the information contained in
this Form, the registrant is also thereby furnishing the information to the
Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.

                             Yes [ ]         No [X]

     If "Yes" is marked, indicate below the file number assigned to the
registrant in connection with Rule 12g3-2(b): 82-____________


================================================================================
<PAGE>

                                  EXHIBIT LIST


<TABLE>
<CAPTION>
Exhibit          Description
-------          -----------
<C>              <S>
99.1             Press Release, dated October 18, 2004, regarding Hollinger Inc.
                 Provides Status Update.

99.2             Press Release, dated October 18, 2004, regarding Argus
                 Corporation Limited Status Update Report.
</TABLE>


<PAGE>

                                   SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized.


Date:  October 19, 2004

                                       HOLLINGER INC.


                                       By     /s/ Peter G. White
                                          --------------------------------------
                                          Name:   Peter G. White
                                          Title:  Co-Chief Operating Officer and
                                                  Secretary
```

[Federal Register Volume 80, Number 13 (Wednesday, January 21, 2015)]
[Notices]
[Page 2948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00812]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health

National Institute of Allergy and Infectious Diseases; Notice of 
Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Allergy and Infectious 
Diseases Special Emphasis Panel; NIAID Peer Review Meeting.
    Date: February 4, 2015.
    Time: 11:00 a.m. to 5:00 p.m.
    Agenda: To review and evaluate contract proposals.
    Place: National Institutes of Health, Room 3E61, 5601 Fishers 
Lane, Rockville, MD 20892, (Telephone Conference Call).
    Contact Person: Raymond R. Schleef, Ph.D., Scientific Review 
Officer, Scientific Review Program, Division of Extramural 
Activities, National Institutes of Health/NIAID, 6700B Rockledge 
Drive, MSC 7616, Bethesda, MD 20892-7616, 301-451-3679, 
[email protected].

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, 
Allergy, Immunology, and Transplantation Research; 93.856, 
Microbiology and Infectious Diseases Research, National Institutes 
of Health, HHS)

    Dated: January 14, 2015.
David Clary,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2015-00812 Filed 1-20-15; 8:45 am]
BILLING CODE 4140-01-P
```
Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Elizabeth A. Weaver

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

November 23, 2009 

1116 

Order 

 

November 23, 2009 

139626 

PEOPLE OF THE STATE OF MICHIGAN, 

Plaintiff-Appellee, 

v SC: 139626 

 COA: 284565 

Wayne CC: 07-004709-01-FC 

JESUS RUIZ HERNANDEZ, 

Defendant-Appellant. 

_________________________________________/ 

 On order of the Court, the application for leave to appeal the July 21, 2009 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court.
Agreement with Dawn Robertson



 Exhibit 10.5 
 Dawn Robertson 
 February 16, 2007 
 Dear Dawn:

 In recognition of your contributions as a member of the Executive Leadership Team, we are pleased to be able to confirm your long-term incentive award
grant. In addition, please note that Gap Inc.’s Board of Directors has approved a recoupment policy which is described below. 
 Stock Award. The
Compensation and Management Development Committee of the Board of Directors approved a stock award grant to you on February 2, 2007 (“date of grant”) covering 100,000 shares of Gap Inc. common stock, subject to the provisions of the
Company’s stock plan. Stock awards are in the form of units that are paid in Gap Inc. stock upon vesting. The award will vest as shown in the schedule below, provided you are employed with Gap Inc. on the vesting date. 
 Stock Award of 50,000 shares vesting two years from date of grant 
 Stock Award of 50,000 shares vesting three years from date of grant 
 Recoupment Policy. On February 14, 2007,
the Board of Directors (“Board”) adopted a recoupment policy as described in this paragraph. You hereby agree and understand that subject to the discretion and approval of the Board, the Company will, to the extent permitted by governing
law, in all appropriate cases as determined by the Board, require reimbursement and/or cancellation of any bonus or other incentive compensation, including stock-based compensation, awarded to an executive officer or other member of the
Company’s executive leadership team after April 1, 2007 where all of the following factors are present: (a) the award was predicated upon the achievement of certain financial results that were subsequently the subject of a
restatement, (b) in the Board’s view, the executive engaged in fraud or intentional misconduct that was a substantial contributing cause to the need for the restatement, and (c) a lower award would have been made to the executive
based upon the restated financial results. In each such instance, the Company will seek to recover the individual executive’s entire annual bonus or award for the relevant period, plus a reasonable rate of interest. 
 Dawn, your continued leadership at Gap Inc. is critical to our success, and I look forward to working with you. 
  

	
	Yours sincerely,
	
	 /s/ Robert J. Fisher

	Robert J. Fisher
	CEO and Chairman of the Board, Gap Inc.
	
	Confirmed this 21st day of February, 2007
	
	 /s/ Dawn Robertson

	Dawn Robertson
<PAGE>


                                  EXHIBIT 99.1





                CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the accompanying Quarterly Report on Form 10-Q of Bull Run
Corporation (the "Company") for the quarterly period ended May 31, 2003 (the
"Periodic Report"), the undersigned Chief Executive Officer and Chief Financial
Officer of the Company, hereby certify pursuant to Title 18, Section 1350 United
States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2003, to the best of their knowledge and belief, that the Periodic Report 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 Periodic Report
fairly presents, in all material respects, the financial condition and results
of operations of the Company.


Dated:  July 14, 2003



/s/ ROBERT S. PRATHER, JR.
------------------------------------
Robert S. Prather, Jr.
President and Chief Executive Officer



/s/ FREDERICK J. ERICKSON
------------------------------------
Frederick J. Erickson
Vice President - Finance and Chief Financial Officer














                                       43
Exhibit 3.46


                  Amendments to Bylaws of Public Storage, Inc.
              Adopted by the Board of Directors on November 7, 2002



         WHEREAS: The Board of Directors of this corporation considers it to be
in the best interests of the corporation to increase the authorized number of
directors of the corporation from ten (10) to eleven (11);

         WHEREAS: The corporation's Bylaws permit the Board of Directors to
designate the number of directors of the corporation provided that such number
is within the range of not less than eight (8) or more than fifteen (15); and

         WHEREAS: The Board of Directors of this corporation considers it to be
in the best interests of this corporation to increase the flexibility of the
Board of Directors to designate a chief executive officer of this corporation.

         NOW, THEREFORE, BE IT RESOLVED: That the second sentence of Section 3
of Article IV of the corporation's Bylaws is hereby amended to read as follows:

                  "The exact number of directors shall be eleven (11) until
         changed within the limits specified above, by a bylaw amending this
         section 3, duly adopted by the board of directors or by the
         shareholders."

         RESOLVED FURTHER: That the last sentence of Section 6 of Article VI and
the last sentence of Section 7 of Article VI of the corporation's Bylaws is
hereby amended to read as follows:

                  "The chief executive officer of the corporation shall be such
         officer of the corporation as may be determined by the board of
         directors."

                                       1
#### Nicole Paige Vereczkey, Respondent, v Jamshid Sheik et al., Defendants, Harbor Plumbing and Heating Supply, LLC, et al., Respondents, and Rheem Manufacturing Company et al., Appellants. (And a Third-Party Action.)

Submitted February 2, 2009;

decided April 7, 2009

Motion for leave to appeal dismissed upon the ground that the orders sought to be appealed from do not finally determine the action within the meaning of the Constitution.
#### In the Matter of James E. Pennington, Appellant, v James Woytash, MD, DDS, Respondent.

Submitted March 23, 2009;

decided May 12, 2009

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution. Motion for poor person relief dismissed as academic.
**Exhibit 24.1**

**Form of**

**POWER OF ATTORNEY**

 

KNOW ALL PERSONS BY THESE PRESENTS, that I,                     , a member of the board of Directors of WABCO Holdings Inc., a Delaware corporation, (the “Company”) hereby constituteand appoint either of Ulrich Michel or Pascale Rahman, and each of them, my true and lawful attorneys-in-fact and agents, with full power of substitution and resubstitution for me and in my name, place and stead, to sign the Form 10-K Annual Reportfor the Company’s fiscal year ended December 31, 2007, and all amendments thereto, and to file the same with the Securities and Exchange Commission and the appropriate securities exchange, granting unto said attorneys-in-fact and agents,and each of them, or their substitutes, full power and authority to do and perform each and every act and thing requisite or necessary to be done in and about the premises, as fully to all intents and purposes as I might or could do in person,hereby ratifying and confirming all that said attorneys-in-fact and agents, and each of them, or their substitutes, may lawfully do or cause to be done by virtue hereof. This Power of Attorney shall be effective until such time as I deliver awritten revocation thereof to the above-named attorneys-in-fact and agents.
#### The People of the State of New York ex rel. John Trisvan, Appellant, v Harold Graham, Superintendent, Auburn Correctional Facility, Respondent.

Submitted May 18, 2009;

decided June 11, 2009

Motion for reargument of motion for leave to appeal denied *[see*12 NY3d 705 (2009)].
EX-31 Rule 13a-14(d)/15d-14(d) Certification.


  Re: TBW Mortgage-Backed Trust 2007-1

  I, Molly Yackel, certify that:

  1. I have reviewed this report on Form 10-K and all reports on Form 10-D
     required to be filed in respect of the period covered by this report on
     Form 10-K of TBW Mortgage-Backed Trust 2007-1 (the "Exchange Act
     periodic reports");

  2. Based on my knowledge, the Exchange Act periodic reports, taken as a
     whole, do 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, all of the distribution, servicing and other
     information required to be provided under Form 10-D for the period
     covered by this report is included in the Exchange Act periodic reports;

  4. I am responsible for reviewing the activities performed by the
     servicers and based on my knowledge and the compliance reviews
     conducted in preparing the servicer compliance statements required in
     this report under Item 1123 of Regulation AB, and except as disclosed
     in the Exchange Act periodic reports, the servicers have fulfilled
     their obligations under the servicing agreements in all material
     respects; and

  5. All of the reports on assessment of compliance with servicing criteria
     for ABS and their related attestation reports on assessment of
     compliance with servicing criteria for asset-backed securities required
     to be included in this report in accordance with Item 1122 of
     Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been
     included as an exhibit to this report, except as otherwise disclosed in
     this report. Any material instances of noncompliance described in such
     reports have been disclosed in this report on Form 10-K.

    In giving the certifications above, I have reasonably relied on
    information provided to me by the following unaffiliated party:
    Taylor, Bean & Whitaker Mortgage Corp. as Servicer.

    Dated:   March 28, 2008


    /s/ Molly Yackel
    Signature

    Vice President
    (senior officer in charge of the servicing function of the master
    servicer)