alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Bonnie L. Majchrowicz, Appellant, v Kolpak, Inc., a Division of KMT Refrigeration, Inc., et al., Defendants, and Buffalo Hotel Supply Co., Inc., Respondent.

[852 NYS2d 891]

Memorandum: In this action seeking damages for injuries allegedly sustained by plaintiff in August 1998, plaintiff purchased a new index number and filed an amended summons and complaint on December 1, 2005. She initially had commenced the action by filing a summons and complaint on August 14, 2001 under an index number that had been purchased for preaction discovery. Supreme Court granted the motion of Buffalo Hotel Supply Co., Inc. (defendant) to dismiss the amended complaint against it as time-barred. That was error. At the time of defendant’s motion, the appeal by plaintiff from the order of the same court granting the motion of the remaining defendants to dismiss the amended complaint against them as time-barred was pending before us. We reversed that order, denied the motion and reinstated the amended complaint against those defendants *(Majchrowicz v Kolpak, Inc.,*38 AD3d 1186 [2007]) and, for the reasons stated in our decision in that prior appeal, which defendant has failed to address, we conclude that the court erred in granting defendant’s motion. Present—Hurlbutt, J.P., Lunn, Fahey, Peradotto and Pine, JJ.
IN THE SUPREME COURT OF PENNSYLVANIA

IN RE: SESSIONS OF THE SUPREME

COURT OF PENNSYLVANIA

FOR THE YEAR 20 2 2 :

:

: No. 545

J UDICIAL ADMINISTRATION DOCKET

ORDER

PER CURIAM :

AND NOW , this this 31 st day of December , 2020

, it is hereby ordered that the

argument/administrative sessions of the Supreme Court of Pennsylvan ia shall be held in

the year 202 2 as follows:

Philadelphia February 1 s t

(Administrative Session)

Philadelphia March 7 th through March 1 1 th

Harrisburg March 22 nd

(Administrative Session)

Pittsburgh April 11 th through April 14 th

Harrisburg May 9 th through May 13 th

Pittsburgh June 7 th

(Administrative Session)

Philadelphia September 12 th through September 15 th

Pittsburgh October 24 th through October 2 8 th

Harrisburg November 28 th through December 2 nd

Additional argument/administrative sessions may be scheduled as the Court deems

necessary
#### UNITED STATES of America, Plaintiff-Appellee v. Lionel Joseph HENDERSON, Defendant-Appellant.

No. 12-30442

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Dec. 17, 2012.

Cristina Walker, Assistant U.S. Attorney, U.S. Attorney’s Office, Shreveport, LA, Brett L. Grayson, Assistant U.S. Attorney, U.S. Attorney’s Office, Lafayette, LA, for Plaintiff-Appellee.

*404Rebecca Louise Hudsmith, Esq., Federal Public Defender, Federal Public Defender’s Office, Western District of Louisiana, Lafayette, LA, for Defen-danfi-Appellant.

Lionel Joseph Henderson, Beaumont, TX, pro se.

Before DAVIS, OWEN, and HIGGINSON, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Lionel Joseph Henderson has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and *United States v. Flores,*632 F.3d 229 (5th Cir.2011). Henderson has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See 5m*Cir. R. 42.2.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
EXHIBIT 23.1  CONSENT OF INDEPENDENT ACCOUNTANTS   We hereby consent to the
incorporation by reference in the Registration Statements on Forms S-3 (Nos.
333-39956, 333-68082 and 333-104705) and S-8 (Nos. 333-70148 and 333-84852) of
UbiquiTel Inc. and to the incorporation by reference in the Registration
Statement on Form S-3 (No. 333-106418) of UbiquiTel Operating Company of our
report dated February 13, 2004, relating to the financial statements, which appears in this Form
10-K.   /s/ PricewaterhouseCoopers
  LLPPhiladelphia, PennsylvaniaFebruary 17, 2004
**Exhibit 21**

 

**Subsidiaries of the Registrant**

 

OPNET Analysis, Inc. (formerly MIL 3 Analysis, Inc.), a corporation organized under the laws of the State of Delaware. 

 

OPNET Technologies Societe par Actions Simplifiee, a corporation organized under the laws ofFrance. 

 

OPNET Technologies Limited, a corporation organized under the laws ofEngland and Wales. 

 

OPNET Technologies b.v.b.a, (formerly WDM NetDesign,b.v.b.a), a corporation organized under the laws of Belgium. 

 

OPNETTechnologies Pty Limited, a corporation organized under the laws of Australia. 

 

OPNET Technologies, GmbH, a corporation organized under the laws of Germany.
Exhibit 32.2



Certification Pursuant to 18 U.S.C. Section 1350,

As
Adopted Pursuant To

Section 906 of The Sarbanes-Oxley Act of 2002



March 29, 2004



In connection with the Large Scale Biology Corporation Annual Report on Form 10-K for the fiscal year ending December 31, 2003 as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, Ronald J. Artale, certify, pursuant to Rule 13a-14(b) or Rule 15d-14(b) of the Securities Exchange Act of 1934 and 18 U.S.C. § 1350, as adopted pursuant to § 906 of
the Sarbanes-Oxley Act of 2002, that, to my knowledge:



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



| | (2) |  | that information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Large Scale Biology Corporation for the fiscal periods
covered by the Report.
| | --- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



By:

/s/    RONALD J.
ARTALERonald J. Artale Senior Vice
President, Chief Operating Officer and Chief Financial Officer Large Scale Biology Corporation
December 16th 1996
 
Capital Income Builder, Inc.
333 South Hope Street
Los Angeles, CA  90071
 
Gentlemen:
 
     At your request, we have examined your Registration Statement on Form N-1A
and Post-Effective Amendment No. 10 thereto as filed by you with the Securities
and Exchange Commission (the "Commission") in connection with the registration
under the Securities Act of 1933, as amended, of an indefinite number of shares
of your Capital Stock, $.01 par value, pursuant to Rule 24f-2 under the
Investment Company Act of 1940.  We have also examined the form of Rule 24f-2
Notice proposed to be filed by you with the Commission not later than the end
of December 1996, which indicates that during the fiscal year ended October 31,
1996 you issued and sold 27,651,266 shares of stock pursuant to said indefinite
registration (the "Shares") including 6,760,213 Shares issued in connection
with dividend and capital gain reinvestment plans.  We are familiar with the
proceedings taken by you in connection with the authorization and issuance of
the Shares.
 
     Based upon our examination and upon our knowledge of your corporate
activities, and assuming, without independent verification, that the Shares
were sold in compliance with applicable Blue Sky laws and in the manner
referred to in the Registration Statement, it is our opinion that the Shares
constitute legally issued, fully paid and nonassessable shares of your Capital
Stock.
 
     We consent to the filing of this opinion as an exhibit to the Rule 24f-2
Notice.
 
      Respectfully submitted,
 
      O'Melveny & Myers LLP
No. 121, Misc. No. 122, Misc.

#### Jones *v.*Welch, Superintendent; and Duggan *v.*Olson, Warden.

May 20, 1946.

The motions for leave to file petitions for writs of habeas corpus are denied.
EXHIBIT 99

| |  | WJ Communications, Inc.
401 River Oaks Parkway
San Jose, CA 95134
| |  | -----------------------------------------------------------------

March 27,
2002

United
States Securities and Exchange Commission
450 5th Street, N.W.
Washington, DC 20549

|Re: |  | Annual Report on Form 10-K for the Year Ended December 31, 2001;
Confirmation of Receipt of Assurances from Arthur Andersen LLP
|--- |  | -------------------------------------------------------------------------------------------------------------------------------

Ladies
and Gentlemen:

WJ
Communications, Inc. engages Arthur Andersen LLP ("Andersen") as its independent public accountants. Andersen completed its audit work on our financial statements for the year
ended December 31, 2001 after March 14, 2002.

We
are aware of the contents of Release Nos. 33-8070 and 34-8070 and 34-45590 and the addition of Note 3T to Article 3 of
Regulation S-X. We have requested and received from Andersen a letter to the effect that Andersen has represented to us that its audit was subject to Andersen's quality control
system for the U.S. accounting and auditing practice to provide reasonable assurances that the engagement was conducted in compliance with the professional standards and that there was appropriate
continuity of Andersen personnel working on audits, and availability of national office consultation. We do not have foreign affiliates, so the assurance from Andersen as to foreign affiliates is not
relevant.

Based
on the foregoing, we respectfully request that the Commission accept our financial statements as audited by Andersen in our Annual Report on Form 10-K for the
year ended December 31, 2001.

| |  | Respectfully submitted,                                          
| |  | -----------------------------------------------------------------
| |  | /s/ WILLIAM R. SLAKEY                                            
| |  | William R. Slakey
Chief Financial Officer
WJ Communications, Inc.

---

QuickLinks
108TH CONGRESS

2D SESSION H. R. 5364

AN ACT

To designate the facility of the United States Postrial Avenue Post Office Building’’. Diego, California, as the ‘‘Earl B. Gilliam/Impe- al Service located at 5505 Stevens Way in San

108TH CONGRESS

2D SESSION H. R. 5364

AN ACT

To designate the facility of the United States Postal Service

located at 5505 Stevens Way in San Diego, California,

as the ‘‘Earl B. Gilliam/Imperial Avenue Post Office

Building’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 5364 EH

1 SECTION 1. DESIGNATION.

2 The facility of the United States Postal Service lo3 cated at 5505 Stevens Way in San Diego, California, shall

4 be known and designated as the ‘‘Earl B. Gilliam/Imperial

5 Avenue Post Office Building’’.

6 SEC. 2. REFERENCES.

7 Any reference in a law, map, regulation, document,

8 paper, or other record of the United States to the facility

9 referred to in section 1 shall be deemed to be a reference

10 to the ‘‘Earl B. Gilliam/Imperial Avenue Post Office

11 Building’’.

Passed the House of Representatives November 17,

2004.

Attest:

Clerk.
H. Res. 14

In the House of Representatives, U.S.,

January 8, 2003.

Resolved, That upon the adoption of this resolution it

shall be in order without intervention of any point of order

to consider in the House the bill (S. 23) to provide for a 5-

month extension of the Temporary Extended Unemployment

Compensation Act of 2002 and for a transition period for individuals receiving compensation when the program under

such Act ends. The bill shall be considered as read for

amendment. The previous question shall be considered as ordered on the bill to final passage without intervening motion

except: (1) one hour of debate on the bill equally divided and

controlled by Representative Thomas of California and Representative Rangel of New York; and (2) one motion to recommit.
2

•HRES 14 EH

SEC. 2. The allocations referred to in section

3(a)(4)(B)(i) of House Resolution 5 may be submitted by

Representative Nussle of Iowa.

Attest:

Clerk.
<PAGE>


                                                                    Exhibit 21.1

              Subsidiaries of Better Minerals & Aggregates Company

U.S. SILICA COMPANY, a Delaware corporation
BMAC SERVICES CO., INC., a Delaware corporation
BETTER MATERIALS CORPORATION, a Pennsylvania corporation
BMC TRUCKING, INC., a Delaware corporation
CHIPPEWA FARMS CORPORATION, a Pennsylvania corporation
COMMERCIAL AGGREGATES TRANSPORTATION AND SALES, LLC, a Delaware limited
liability company
THE FULTON LAND AND TIMBER COMPANY, a Pennsylvania corporation
GEORGE F. PETTINOS, INC., a Delaware corporation
OTTAWA SILICA COMPANY, a Delaware corporation
PENNSYLVANIA GLASS SAND CORPORATION, a Delaware corporation
STONE MATERIALS COMPANY, LLC, a Delaware limited liability company
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 would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         Center for Scientific Review Special Emphasis Panel, Tissue Engineering.                    

*Date:*                         July 28, 2009.                    

*Time:*                         1 p.m. to 3 p.m.                              ( print page 36498)    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call).                    

*Contact Person:*                         Jo Pelham, BA, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4102, MSC 7814, Bethesda, MD 20892, (301) 435-1786,                         *pelhamj@csr.nih.gov.*

This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)

Dated: July 16, 2009.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. E9-17442 Filed 7-22-09; 8:45 am]

BILLING CODE 4140-01-P
#### The People of the State of New York, Appellant, v Sherrell Unique Fulton, Respondent.

(Appeal No. 1.)

[856 NYS2d 349]

Memorandum: We conclude in these appeals by the People that County Court properly granted those parts of defendants’ respective omnibus motions seeking suppression of the physical evidence seized pursuant to a search warrant. “Generally, a warrant to search a subunit of a multiple occupancy structure is void if it fails to describe the subunit to be searched and only describes the larger structure” *(People v Henley,*135 AD2d 1136, 1136 [1987], *lv denied*71 NY2d 897 [1988]; *see People v Brooks,*54 AD2d 333, 335 [1976]; *see generally People v Rainey,*14 NY2d 35, 37-39 [1964]). Here, although the investigating police officers possessed information concerning drug activity at a particular apartment within a multifamily dwelling, the warrant identified the areas to be searched as “the entire premises . . . , to include all its storage area[ ] and curtilage,” and failed to identify the particular apartment by number or occupant *(see Henley,*135 AD2d at 1137). Thus, the court properly concluded that the warrant failed to meet the constitutional requirements of particularity with respect to the description of the place to be searched *(see*US Const 4th Amend; NY Const, art I, § 12; *Henley,*135 AD2d at 1136; *see generally Rainey,*14 NY2d at 37-*122439), as well as the statutory requirements of particularity *(see*CPL 690.15 [1] [a]; 690.45 [5]). Present-Hurlbutt, J.P, Smith, Centra, Green and Gorski, JJ.
#### Frank LaMar, D.D.S., Respondent, v Kenneth R. Vasile, Appellant.

(Appeal No. 4.)

[852 NYS2d 900]

Memorandum: Supreme Court properly granted plaintiffs *1219motion for summary judgment in lieu of complaint pursuant to CPLR 3213 seeking to recover, inter alia, the amount due on five promissory notes executed by defendant. Plaintiff met his initial burden by submitting the notes and evidence of defendant’s default, and defendant failed to raise a triable issue of fact with respect to his defense of lack of consideration *(see Di Marco v Bombard Car Co., Inc.,*11 AD3d 960 [2004]; *A. Bella Food Corp. v Luigi’s Italian Deli,*243 AD2d 592 [1997]). The notes recited that consideration had “already” been received by defendant at the time of execution *(see Di Marco,*11 AD3d 960 [2004]; *Friends Lbr. v Cornell Dev. Corp.,*243 AD2d 886, 887 [1997] ), and the record establishes that defendant in fact received that consideration. Present-Scudder, RJ., Martoche, Centra, Fahey and Peradotto, JJ.
# 2011

# 2012

# 2013

# 2014

# 2015

# 2016

# 2017

# 2018
Exhibit 32.2



                            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 Annual Report of Soyo Group, Inc. (the "Company") on Form
10-K for the period  ended  December 31, 2003 as filed with the  Securities  and
Exchange  Commission on the date hereof (the "Report"),  the undersigned,  Nancy
Chu, Chief  Financial  Officer of the Company  certifies,  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  13a-14(b) or
15d-14(b) 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/ Nancy Chu
-----------------------
Nancy Chu
Chief Financial Officer
April __, 2004
[Federal Register Volume 74, Number 140 (Thursday, July 23, 2009)]
[Notices]
[Page 36552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17481]


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

DEPARTMENT OF THE TREASURY

Internal Revenue Service


Open Meeting of the Area 6 Taxpayer Advocacy Panel (Including the 
States of Arizona, Colorado, Idaho, Montana, New Mexico, North Dakota, 
Oregon, South Dakota, Utah, Washington, and Wyoming)

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of meeting.

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

SUMMARY: An open meeting of the Area 6 Taxpayer Advocacy Panel will be 
conducted. The Taxpayer Advocacy Panel is soliciting public comment, 
ideas, and suggestions on improving customer service at the Internal 
Revenue Service.

DATES: The meeting will be held Tuesday, August 4, 2009.

FOR FURTHER INFORMATION CONTACT: Dave Coffman at 1-888-912-1227 or 206-
220-6095.

SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section 
10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) 
that an open meeting of the Area 6 Taxpayer Advocacy Panel will be held 
Tuesday, August 4, 2009, at 1 p.m. Pacific Time via telephone 
conference. The public is invited to make oral comments or submit 
written statements for consideration. Due to limited conference lines, 
notification of intent to participate must be made with Dave Coffman. 
For more information please contact Mr. Coffman at 1-888-912-1227 or 
206-220-6095, or write TAP Office, 915 2nd Avenue, MS W-406, Seattle, 
WA 98174 or post comments to the Web site: http://www.improveirs.org.
    The agenda will include various IRS issues.

    Dated: July 16, 2009.
Shawn F. Collins,
Acting Director, Taxpayer Advocacy Panel.
[FR Doc. E9-17481 Filed 7-22-09; 8:45 am]
BILLING CODE 4830-01-P
<TABLE> <S> <C>


<ARTICLE>                     5
<MULTIPLIER>                                   1000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                           DEC-31-1998
<PERIOD-START>                              JAN-01-1998
<PERIOD-END>                                DEC-31-1998
<CASH>                                          19,271
<SECURITIES>                                    45,353
<RECEIVABLES>                                   21,021
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<INVENTORY>                                      9,706
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<DEPRECIATION>                                  44,829
<TOTAL-ASSETS>                                 202,380
<CURRENT-LIABILITIES>                           60,090
<BONDS>                                          8,611
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<SALES>                                        115,219
<TOTAL-REVENUES>                               115,219
<CGS>                                           81,320
<TOTAL-COSTS>                                   81,320
<OTHER-EXPENSES>                                25,772
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 601
<INCOME-PRETAX>                                  7,526
<INCOME-TAX>                                     2,446
<INCOME-CONTINUING>                              5,080
<DISCONTINUED>                                 (54,288)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (49,208)
<EPS-BASIC>                                      (6.36)
<EPS-DILUTED>                                    (6.26)


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