alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Nadene Green, Petitioner, v Valentino T. Sammarco, as Acting Judge of the Dutchess County Court, et al., Respondents.

[822 NYS2d 737]

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent Valentino T. Sammarco, an Acting Judge of the County Court, Dutchess County, to vacate an order of that court dated August 10, 2005, in an action entitled *People v Green*pending under indictment No. 92-00075, and application by the petitioner for poor person relief.

Ordered that the application for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022 (b) is waived, and the application is otherwise denied; and it is further,

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

The extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act and only when there exists a clear legal right to the relief sought *(see Matter of Legal Aid Socy. of Sullivan County v Scheinman,*53 NY2d 12, 16 [1981]). The petitioner has failed to demonstrate a clear legal right to the relief sought. Miller, J.P, Krausman, Spolzino and Lifson, JJ., concur.
II 

111TH CONGRESS 

2D SESSION S. 3056 

To amend the Energy Policy Act of 2005 to repeal a section of that Act 

relating to exportation or importation of natural gas. 

IN THE SENATE OF THE UNITED STATES 

MARCH 2, 2010 

Mr. WYDEN (for himself, Ms. CANTWELL, Ms. MIKULSKI, Mr. CARDIN, Mr. 

DODD, and Mr. MERKLEY) introduced the following bill; which was read 

twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To amend the Energy Policy Act of 2005 to repeal a section 

of that Act relating to exportation or importation of 

natural gas. 

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

3 SECTION 1. EXPORTATION OR IMPORTATION OF NATURAL 

4 GAS. 

5 (a) IN GENERAL.—Section 311 of the Energy Policy 

6 Act of 2005 (Public Law 109–58; 119 Stat. 685) is re7 pealed. 

8 (b) APPLICATION.—The Natural Gas Act (15 U.S.C. 

9 717 et seq.) shall be applied and administered as if section 


dcolon on DSK2BSOYB1PROD with BILLS
2 

•S 3056 IS

1 311 of the Energy Policy Act of 2005 (and the amend2 ments made by the section) had not been enacted. 

Æ 


dcolon on DSK2BSOYB1PROD with BILLS
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Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

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                           ( print page 27809)                        would constitute a clearly unwarranted invasion of personal privacy.                

*Name of Committee:*                         National Institute of Biomedical Imaging and Bioengineering Special Grant Opportunities (RC2) ARRA.                    

*Date:*                         July 15-16, 2009.                    

*Time:*                         7 p.m. to 5 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         Bethesda Hyatt Regency Hotel, Bethesda, MD.                    

*Contact Person:*                         Ruth Grossman, DDS, Scientific Review Officer, National Institute of Biomedical Imaging and Bioengineering, 6707 Democracy Boulevard, Room 960, Bethesda, MD 20892. 301-496-8775.                         *grossmanrs@mail.nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.701, ARRA Related Biomedical Research and Research Support Awards., National Institutes of Health, HHS)

Dated: June 4, 2009.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. E9-13677 Filed 6-10-09; 8:45 am]

BILLING CODE 4140-01-P
#### The People of the State of New York, Respondent, v Randolph Reid, Appellant.

[821 NYS2d 886]

Judgment, Supreme Court, New York County (Bonnie G. *440Wittner, J.), rendered April 1, 2005, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 33 to 66 months, unanimously affirmed.

Defendant’s challenge to the sufficiency of the evidence is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the verdict was based on legally sufficient evidence. We further find that the verdict was not against the weight of the evidence. There is no basis for disturbing the jury’s determinations concerning credibility *(see People v Gaimari,*176 NY 84, 94 [1903]).

We perceive no basis for reducing the sentence. Defendant concedes that he is not entitled to relief from this Court, as a matter of law, under the Drug Law Reform Act (L 2004, ch 738), and we decline to reduce his sentence as a matter of discretion based on the reduction of penalties contained therein, because his sentence is not “unduly harsh or severe” (CPL 470.15 [6] [b]). Concur—Saxe, J.P, Marlow, Nardelli, Sweeny and Catterson, JJ.
Exhibit 32.2

# Written Statement of
the Vice President, Chief Financial Officer and Secretary of Bandag, Incorporated  Pursuant to 18 U.S.C.
§1350

Solely
for the purposes of complying with 18 U.S.C. §1350, I, the undersigned Vice
President, Chief Financial Officer and Secretary of Bandag, Incorporated (the
Company), hereby certify, based on my knowledge, that the Annual Report on
Form 10-K of the Company for the year ended December 31, 2006 (the Report)
fully complies with the requirements of Section 13(a) of the Securities Exchange Act of
1934 and that information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.

/s/ Warren W. Heidbreder
Warren W. Heidbreder
Vice President, Chief Financial Officer
March 15, 2007
#### REYNOLDS PEN CO. v. MARSHALL FIELD & CO. (KIMBERLY CORPORATION, Intervenor).

No. 47 C 265.

United States District Court N. D. Illinois, E. D.

Sept. 13, 1948.

Fred Gerlach, of Chicago, Ill., for plaintiff.

McLaughlin & Wallenstein, of Chicago, Ill., for intervenor.

LaBUY, District Judge.

Plaintiff has filed its motion to dismiss the amended counterclaim of defendant-in-tervenor. From reading the briefs of litigants in respect thereto it becomes apparent that the previous ruling on the counterclaim had not taken into consideration the status of the parties involved.

 It is urged that an intervenor cannot bring in by counterclaim issues not in dispute between the original parties or in which one of the original parties has no interest. Chandler & Price Co. v. Brandtjen *315& Kluge, Inc., 1935, 296 U.S. 53, 56 S.Ct. 6, 80 L.Ed. 39. The court is of the opinion that the new rules have not relaxed the principle of the Chandler case particularly where there is involved a permissive intervention and not an intervention as a matter of right. The initial action herein is based on the validity of a patent. The in-tervenor counterclaimant is permitted to defend against the validity of the patent in this case but is not permitted to raise the question of unfair competition inasmuch as that is not an issue involved between the original parties. Consideration should be given to the delay and prejudice to the original parties in determining the prime issue of validity of the patent.

It is suggested that a separate trial be given on the counterclaim. Federal Rules of Civil Procedure, rule 42, 28 U.S.C. A., could be applied only if the counterclaim is proper in the first instance of its filing, and consequently cannot be applied here.

For the above reasons the court sustains the plaintiff’s motion to dismiss the amended counterclaim of defendant-intervenor. An order in accord herewith has this day been entered.
Exhibit 99(b)        CERTIFICATION OF  CHIEF EXECUTIVE OFFICER  PURSUANT TO 18 U.S.C. § 1350

I, David M. Tehle, Chief Financial Officer of Haggar Corp. (the "Company"), hereby certify that the accompanying report on Form 10-K for the fiscal year
ended September 30, 2002, and filed with the Securities and Exchange Commission on the date hereof (the "Report"), fully complies with the requirements of Section 13(a) of the Securities
Exchange Act of 1934, as amended. I further certify that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the
Company.

| |                         | David M. Tehle
| | ----------------------- | --------------
| | Date: December 20, 2000 |               

---

QuickLinks
EXHIBIT 99.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICER

PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY
ACT OF 2002

(18 U.S.C. 1350)



In connection with the Quarterly Report of Wells Real Estate Fund II-OW (the Registrant) on Form 10-Q for the
three month period ended March 31, 2003, as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Leo F. Wells, III, Chief Executive Officer of the corporate General Partner of the
Registrant, hereby certifies, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350), that, to the best of his knowledge and belief:



| | (1) |  | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and
| | --- |  | ---------------------------------------------------------------------------------------------------------------------



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



|                       
|-----------------------
|/s/ Leo F. Wells, III  
|Leo F. Wells, III      
|Chief Executive Officer
|May 9, 2003
II 

111TH CONGRESS 

2D SESSION S. 3296 

To delay the implementation of certain final rules of the Environmental 

Protection Agency in States until accreditation classes are held in the 

States for a period of at least 1 year. 

IN THE SENATE OF THE UNITED STATES 

MAY 4, 2010 

Mr. INHOFE (for himself, Mr. COBURN, Mr. VITTER, Mr. BARRASSO, Mr. 

CRAPO, Mr. ALEXANDER, Mr. BOND, Mr. HATCH, Mr. DEMINT, Mr. 

BUNNING, Mr. BROWN of Massachusetts, Mr. CORNYN, Ms. COLLINS, 

Mr. ENZI, Mrs. HUTCHISON, Mr. GRASSLEY, Mr. RISCH, Mr. 

BROWNBACK, Mr. COCHRAN, Mr. MCCONNELL, Mr. ISAKSON, Mr. WICKER, Mr. CHAMBLISS, Mr. ROBERTS, and Mr. BURR) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

A BILL 

To delay the implementation of certain final rules of the 

Environmental Protection Agency in States until accreditation classes are held in the States for a period of 

at least 1 year. 

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

3 SECTION 1. DELAY OF IMPLEMENTATION. 

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, the Administrator of the Environmental ProVerDate Mar 15 2010 00:12 May 05, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3296.IS S3296

tjames on DSKG8SOYB1PROD with BILLS
2 

•S 3296 IS

1 tection Agency shall delay the implementation of the final 

2 rule entitled ‘‘Lead; Renovation, Repair, and Painting 

3 Program; Lead Hazard Information Pamphlet; Notice of 

4 Availability; Final Rule’’ (73 Fed. Reg. 21692 (April 22, 

5 2008)), and the final rule entitled ‘‘Lead; Amendment to 

6 the Opt-out and Recordkeeping Provisions in the Renova7 tion, Repair, and Painting Program’’, signed by the Ad8 ministrator on April 22, 2010, in each State until such 

9 time as accredited certified renovator classes have been 

10 held in the State, for a period of at least 1 year, to train 

11 contractors in practices necessary for compliance with the 

12 final rules, as determined by the Administrator. 

13 (b) NOTIFICATION.—The Administrator shall— 

14 (1) monitor each State to determine when class15 es described in subsection (a) are offered in the 

16 State; and 

17 (2) provide to each Member of Congress rep18 resenting the State a notification describing— 

19 (A) the location and time of each such 

20 class held in the State; and 

21 (B) the date on which the classes have 

22 been held for the 1-year period described in 

23 subsection (a). 

Æ 


tjames on DSKG8SOYB1PROD with BILLS
EXHIBIT 21.1   **ENTITY NAME (all 100% owned unless indicated otherwise)** **STATE OF INC.**AssuranceAmerica Corporation (the Company) Nevadafka BrainWorks Ventures, Inc.  fka Auric Metals Corporation     TrustWay Insurance Agencies, LLC Delawarefka AssetAmerica Insurance Agencies, LLC  fka AssetAmerica Insurance, LLC  fka AcceptanceAmerica Insurance, LLC     AssuranceAmerica Managing General Agency, LLC Delawarefka Ameraset Assurance Group, LLC     AssuranceAmerica Managing General Agency of Alabama Corporation Alabama   AssuranceAmerica Insurance Company South Carolina   AssuranceAmerica Claims Services, LLC Delawarefka Ameraset Claims Services, LLC  fka Ameraclaim Services, LLC     AssuranceAmerica Corporation Georgia(Merged w/AA Holdings, LLC (DE) & AA Holdings  Acquisition Sub, Inc. (GA), fka AssetAmerica Holdings, LLC)     AssuranceAmerica Capital Trust I Delaware   Apple Insurance Mall of Regency, Inc. (subsidiary of TrustWay Insurance Agencies, LLC) Florida   Apple Insurance Mall of Sarasota, Inc. (subsidiary of TrustWay Insurance Agencies, LLC) Florida   Apple Insurance Mall of Southside, Inc. (subsidiary of TrustWay Insurance Agencies, LLC) Florida   Apple Insurance Mall of Tyrone, Inc. (subsidiary of TrustWay Insurance Agencies, LLC) Florida   Apple Insurance Mall Tax Service, Inc. (subsidiary of TrustWay Insurance Agencies, LLC) Florida   TW Partners Agencies of Alabama, Inc. (80% owned) Georgia
****
Andrew W. BaIdwin, Esq. 

Baldwin & Crocker PC 

P.0, Box 1229 

Lander WY 82520-1229 

Approval of amended gaming ordinance 

Dear Mr. Baldwin: 

This is in response to your July 13,2005, letter seeking review and approval of the 

amendments to the Northern Arapaho Tribal Code, Title 3, Gaming, enacted pursuant 

to Tribal Council Resolution 2005-8923. The amendments conform Title 3 to the 

recently issued Class III gaming procedures issued by the Secretary of the Interior, 

create a Gaming Task Force, and make various other, miscellaneous changes and 

clarifiarions. Title 3, as amended, is consistent with the requirements of the Indian 

Gaming Regulatory Act and of this Commission's regulations and is therefore approved. 

submission. If you have any questions or require further 

Gross, Senior Attorney, at 202-632-7003. 

1 

Chaiman 

NATIONAL 1441 L St. NW. Suite 9100. Washin*, DC MOOS Tel: 202.632.70W Fax: 202.632.7066 www.mtm 

mmwd O~CES Pwtland. OR; Samrnemo. CA: Phoenix. AZ: St. Paul. MN; Tulsa. OK 
v I IJ/LVV~ VJ. VL rnn iiu r iiii~ (345 Norrnern Hrapano I riae 

8NACTING 

AMENDMENTS TO ARAPAHO GAMXNG CODE 

COUNCIL "L 

Resolution No. 2005-8923 

WHEREAS, the Northern apaho Business Council is the duly elected 

governing body of the Northern hap 

WHEREAS, the development ' d proper regulation of tribal gaming as a form of 

economic development is of utmost portance to the Northern Arapaho Tribe and its 

members; 

WHEREAS, 

and 

the Northern 

F 

aho Business Council enacted the Gaming Code 

of the Northern Arapaho Tribe in has enacted certain amendments thereto fiom 

time to time and the same approved by the National Indian Gaming 

Commission; and 

WHEREAS, certain amend ents to the Northern Arapaho Gaming code, 

attached hereto, would improve the C de and its regulation of tribal gaming and would 

benefit the Northern Arapaho Tribe an 1 the gaming public; and 

WHEREAS, approval of th attached amendments by the National Indian 

Gaming Commission would be in best interests of the Northern Arapaho Tribe and 

the gaming public; 

NOW, THEREBORE, BE RESOLVER, that the Northern Arapaho 

Business Council hereby approves the attached amendments to the Gaming 

Code of the Northern Arapaho the date said amendments are approved 

by the ~Vational Gaming Commission; 

BE IT FINALLY that the Chairman is authorized and directed to 

sign this resolution and Arapaho Business Council hereby requests 

prompt approval. of said Gaming Code by the National Indian Gaming 

Commission. 

CE TIFICATION r 

The undersigned, as Chairman of Northern Arapaho Business Council, hereby 

certifies that the Council consists of six (6) members and that 

four (4) members were present quorum, at a specially called meeting of the 

Northern Arapaho Business July 11, 2005, the foregoing resolution was 

adopted by a vote of four (0) against, Chairman voting, and that the 

foregoing resolution has amended in any way. 
Resolution No. 2005-8923 

Page 2 

Done at Ethete, Wyoming, this 11" d y of July, 2005 i 

&rther&ap&o Business Council 

ATTEST: 

Antelope, Secretary 

Northern Arapaho Business Council
DITTLER BROTH, =RS INC 

Mr. Robert Auxier, President 

Caribbean Instant Lottery 

850 Sligo Avenue 

Suite 200 

Silver Spring, 'Maryland 20910 

1 11 Dear Mr. Auxier: 

I I/ 

I Thank you for your letter dated August 4, 1992, in which you 

I )/ requested a legal opinion on whether an instant scratch-nff game 

known as NCASHPOT" qualifies as a class 11 game under the Indian 

fb Gaming Regulatory Act (TGRA). Based on the information you I provided, I am of the opinion that the XGRA would authorize you 

do offer the game as a class I1 game inside bingo halls on Indian 

lands. Expanded sales elsewhere on Indian lands, however, would 

constitute class I11 gaming under the IGRA and, therefore, would 

require a tribal-state compact, 

In order for "CASHPOTn Or any other similar instant scratch-aff 

fla?!+d 3-4- -ec ~~s&&gy-== -s -~~~~~.-~~ -sz==, rdst hsy& ~hygic~: a~fi 

procedural characteristics of one of the enumerated class I1 

games. Clearly, l1CASHPOTU is not bingo, lotto, punch boards, or 

a game similar to bingo. At issue then is whether uCASHPOT'' 

shares the characteristics of pull-tabs, tip jars, or instant 

bingo. The IGRA did not define these games nor has the National 

Indian ~aming ~onunission through rulemaking. h review of state 

gambling laws that do define these games reveals that they are 

essentially the same games. In the view of the Commission, the 

essential elements of pull-tabs, tip jars, and instant bingo are 

as follows. They are played with paper or plastic tickets 

containing hidden winning or losing combinations of symbols that 

are revealed to the purchaser (player) when physically opened. 

Tickets are purchased in sets by the gaming operation; each set 

contains a predetermined mix of winners and losers; and the total 

proceeds from sales and payouts to winners from each complete set 

is known to the gaming operation. TicKetS are sold to players at 

a predetermined price. 

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I -.a - --.- . .. tS5O M SYHCBI, N,W. SUITE 2'30 WASHINGTON DC 26036 TEL- 12'6i-63~'~?003 FAX-1U;,632*7066 

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- QPR 28 '93 04: 58 DITTLER ERlOTHERS INC 

'8ased on the descript:lan you submitted with your letter,', 

h 

*CASHPOTn, an instant scratch-off game, meets all the essential 

elements described above and, therefore, would qualify as a class 

II game when played at the same location as bingo ox lotto. When 

played at any other Location on Xndian lands, however, this would 

be a class 111 game that, under the IGRA and the Commissianls 

regulations, would require a compact between the tribe and the 

state. 

. 

: 

, 

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. 

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!!, P'" ' . ;I 

':I General Counsel 

111 

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. 

I hope this adequately responds to your request, 

I 

' sincerely, , .I, 

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,,. , 

!!; . ; 

Michael D. Cox