alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Unassociated Document


     

    Exhibit
      10(k)(10)

    AMENDMENT
      NO. 9

    TO

    ALLTEL
      CORPORATION PROFIT-SHARING PLAN

    (January
      1, 2002 Restatement)

     

    WHEREAS,
      Alltel Corporation (the "Company") maintains the Alltel Corporation
      Profit-Sharing Plan, as amended and restated effective January 1, 2002, and
      as
      subsequently amended, (the "Plan"); and

     

    WHEREAS,
      the Company desires further to amend the Plan;

     

    NOW,
      THEREFORE, BE IT RESOLVED, that the Company hereby amends the Plan in the
      respects hereinafter set forth:

     

    1. 
      Effective as of July 1, 2006, a new subsection (kk) is added to Appendix B
      of
      the Plan to provide as follows:

     

    (kk)
        For
      an
      Employee who was an employee of Amarillo Celltelco or related entity ("Cellular
      One of Amarillo") immediately prior to July 1, 2006, and became an

         Employee
      on July 1, 2006, the
      Employee's period or periods of employment with Cellular One of
      Amarillo.

     

    2. 
      Effective as of July 1, 2006, a new subsection (kk) is added to Appendix C
      of
      the Plan to provide as follows:

     

    (kk) 
For
      an
      Employee who was an employee of Amarillo Celltelco or related entity ("Cellular
      One of Amarillo") immediately prior to July 1, 2006, and became an

        
Employee
      on
      July 1, 2006, the Employee's period or periods of employment with Cellular
      One
      of Amarillo.

     

    IN
      WITNESS WHEREOF, the Company, by its duly authorized officer, has caused this
      Amendment No. 9 to the Alltel Corporation Profit-Sharing Plan (January 1, 2002
      Restatement) to be executed on this 27th day of June, 2006.

     

    ALLTEL
      CORPORATION

    


    


    By:
      /s/ Scott T.
      Ford                                           
  

    Title:
      President and Chief Executive Officer
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                         259,341
<SECURITIES>                                         0
<RECEIVABLES>                                    6,446
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,011,975
<PP&E>                                           7,500
<DEPRECIATION>                                   1,350
<TOTAL-ASSETS>                               1,550,604
<CURRENT-LIABILITIES>                           79,678
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     3,569,000
<OTHER-SE>                                 (2,970,766)
<TOTAL-LIABILITY-AND-EQUITY>                 1,555,604
<SALES>                                              0
<TOTAL-REVENUES>                                 5,589
<CGS>                                                0
<TOTAL-COSTS>                                  965,059
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (959,470)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (959,470)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (959,470)
<EPS-PRIMARY>                                    (.10)
<EPS-DILUTED>                                    (.10)
        

</TABLE>
2014- 0540.

#### State v. Quinn.

Lucas App. No. L-12-1242, 2014-Ohio-340. On motion for delayed appeal. Motion denied.

Pfeifer, Kennedy, and O’Neill, JJ., dissent.
#### Otto RUSCHE, Appellant, v. Herbert BROWNELL, Jr., Attorney General of the United States, et al., Appellees.

No. 13361.

United States Court of Appeals District of Columbia Circuit.

Argued May 15, 1957.

Decided May 23, 1957.

Mr. George Eric Rosden, Washington, D. C., for appellant.

Mr. Samuel Z. Gordon, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, with whom Messrs. George B. Searls and *783Irwin A. Seibel, Attys., Dept, of Justice, were on the brief, for appellees. Mr. Oliver Gasch, U. S. Atty., and Mr. Lewis Carroll, Asst. U. S. Atty., also entered appearances for appellees.

Before EDGERTON, Chief Judge, and PRETTYMAN and FAHY, Circuit Judges.

PER CURIAM.

The plaintiff appeals from a judgment for the defendant in a suit brought under § 9(a) of the Trading with the Enemy Act, 40 Stat. 411, 50 U.S.C.A.Appendix, § 9(a), for the recovery of property vested by the Attorney General in 1950 and 1951 on his finding that it was enemy owned. We find no error affecting substantial rights.

Affirmed.
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

###### Centers for Disease Control and Prevention

          - [30Day-07-02]

                    A notice announcing a list of information collection requests under review by the Office of Management and Budget (OMB) in compliance with the Paperwork Reduction Act (44 U.S.C. Chapter 35). The State and Local Area Integrated Telephone Survey (SLAITS) was published in the                     **Federal Register**                     on November 27, 2001, (66 FR 59254). This notice is corrected as follows:                

On page 59254, in the first column, the last paragraph, the OMB number should be changed from 0920-0416 to 0920-0406.

All other information and requirements of the November 27, 2001, notice remain the same.

Dated: December 11, 2001.

Nancy E. Cheal,

Acting Associate Director for Policy, Planning, and Evaluation, Centers for Disease Control and Prevention.

[FR Doc. 01-31103 Filed 12-17-01; 8:45 am]

BILLING CODE 4163-18-P
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 Energy

###### Federal Energy Regulatory Commission

          - [Docket No. CP02-4-000]

On January 8-10, 2002, the staff of the Office of Energy Projects (OEP) will conduct a site visit of Northwest Pipeline Corporation's (NWP) Evergreen Pipeline Project in Skagit, King, Pierce, Whatcom, Snohomish, and Lewis Counties, Washington. The site visit will start at the following dates and locations: 

January 8—Sedro-Woolley Loop. Meet outside of 3-Rivers Inn Restaurant, 211 Central Ave, Sedro-Woolley, WA at 10:45 a.m.

January 9—Mt. Vernon Loop. Meet outside of 3-Rivers Inn Restaurant, 211 Central Ave, Sedro-Woolley, WA at 8 a.m.

January 10—Auburn Loop. Meet in Pepper Tree Inn Lobby, 401 8th Street S.W., Auburn, WA at 8 a.m.

Covington Loop. Meet at the Timberlane Homeowners Association, 26612-192 Ave, S.E., Covington, WA at 12:15 p.m.

Representatives of NWP will accompany the OEP staff.

All interested parties may attend. Those planning to attend must provide their own transportation. For schedule changes and updates, contact the Commission's Office of External Affairs at (202) 208-1088.

Linwood A. Watson, Jr.,

Acting Sectretary.

[FR Doc. 01-32180 Filed 12-31-01; 8:45 am]

BILLING CODE 6717-01-P
|                                                            |   |     |                 | **May                18 - Dec 31**  |   |
|-----------------------------------------------------------------|--------|----------|----------------------|------------------------------------------|--------|
|                                                            |   | **2005** |                 | **2004**                                 |   |
| Income                before income taxes and minority interest |   |     | 2,429                |                                     |   | 10,978 |   |
|                                                            |   |     |                 |                                     |   |   |   |
| Fixed                Charges Deducted from Income:              |   |     |                 |                                     |   |   |   |
| Implicit                Interest in Rents                       |   |     | 225                  |                                     |   | 150 |   |
| Interest                Expense                                 |   |     | 19,386               |                                     |   | 12,720 |   |
| Subtotal                                                        |   |     | 19,611               |                                     |   | 12,870 |   |
|                                                            |   |     |                 |                                     |   |   |   |
| Earnings                Available for Fixed Charges             |   |     | 22,040               |                                     |   | 23,848 |   |
|                                                            |   |     |                 |                                     |   |   |   |
| Implicit                Interest in Rents                       |   |     | 225                  |                                     |   | 150 |   |
| Interest                Expense                                 |   |     | 19,386               |                                     |   | 12,720 |   |
|                                                            |   |     |                 |                                     |   |   |   |
| Total                Fixed Charges                              |   |     | 19,611               |                                     |   | 12,870 |   |
|                                                            |   |     |                 |                                     |   |   |   |
| Ratio                of Earnings to Fixed Charges               |   |     | 1.1                X |                                     |   | 1.9                X |   |
|                                                            |   |     |                 |                                     |   |   |   |
|                                                            |   |     |                 |                                     |   |   |   |

----
Executive Order 13242

# Providing an Order of Succession Within the Department of Commerce

By the authority vested in me as President by the Constitution and the laws of the United States of America, including Subchapter III of Chapter 33 of title 5 of the United States Code, it is hereby ordered that:

**Section 1.**                     Subject to the provisions of section 3 of this Executive Order, the officers named in section 2, in the order listed, shall act as and perform the functions and duties of the office of Secretary of Commerce (Secretary) during any period when both the Secretary and the Deputy Secretary of Commerce (Deputy Secretary) have died, resigned, or are otherwise unable to perform the functions and duties of the office of Secretary.                

**Sec. 2.***Order of Succession.*

(a) General Counsel of the Department of Commerce;

(b) Under Secretary of Commerce for International Trade;

(c) Under Secretary of Commerce for Economic Affairs;

(d) Under Secretary of Commerce for Oceans and Atmosphere and Administrator of the National Oceanic and Atmospheric Administration;

(e) Under Secretary of Commerce for Technology;

(f) Under Secretary of Commerce for Export Administration;

(g) Chief Financial Officer of the Department of Commerce and Assistant Secretary of Commerce in charge of Administration; and

(h) Assistant Secretary of Commerce in charge of Legislative and Intergovernmental Affairs.

**Sec. 3.***Exceptions.*

(a) No individual who is serving in an office listed in section 2(a)-(h) in an acting capacity shall act as Secretary pursuant to this Executive Order.

                    (b) Notwithstanding the provisions of this Executive Order, the President retains discretion, to the extent permitted by Subchapter III of Chapter 33 of title 5 of the United States Code, to depart from this Executive Order in designating an acting Secretary.                          ( print page 66261)    

**Sec. 4.**Executive Order 11880 of October 2, 1975, Executive Order 12998 of April 5, 1996, and section 26 of Executive Order 12608 of September 9, 1987, are hereby revoked.                

[FR Doc. 01-31667

Billing code 3195-01-P
Petition for Writ of Mandamus Denied , Motion for Temporary Relief Denied as Moot, and Memorandum Opinion filed November 26, 2014

.

In The 

## Fourteenth Court of Appeals

NO. 14

- 14

- 00944

- CV

IN RE AMELIA V. KELL Y , Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 122nd District Court Galveston County, Texas Trial Court Cause No. 11CV0325



### MEMORANDUM OPINION

On November 25 , 2014, relator Amelia V. Kelly filed a petition for writ of

m andamus in this c ourt. See Tex. Gov’t Code § 22.221; see also Tex. R. App. P.
52. In the petition, relator asks this c ourt to compel the Honorable John Ellisor, presiding judge of the 122nd District Court of Galveston County
, to vacate three orders pertaining to a motion by the real party in interest to enforce the final judgment in th e underlying litigation by foreclosure of relator’s real property

.2 Along with her petition, relator also filed in this court a motion for temporary relief, asking this court to stay enforcement of one of the challenged orders in
which the trial court order ed foreclosure of the subject property and a corresponding Sheriff’s sale of the property. See Tex. R. App. P. 52.8(b), 52.10. Just in October of this year, relator filed a petition for writ of mandamus in this court with respect to the same orders that ar e challenged in the present case.
We denied relator’s previous petition

. See In re Kelly , No. 14

- 14

- 00789

- CV, 2014 WL 5492809, *1 (Tex. App.

— Houston [14th Dist.] Oct. 30, 2014, orig. proceeding) (mem. op., per curiam). Relator now returns with a new petiti on for writ of mandamus, but presents the same issues and arguments that were contained in the earlier petition. Relator has not identified any compelling reason for us to reconsider our prior decision , nor are we aware of any such reason. Accordingly, we deny relator’s petition for writ of mandamus. We further deny as moot relator’s motion for temporary relief.

PER CURIAM

Panel c onsists of Justices Boyce, Jamison, and Donovan.
Exhibit 32.1



CERTIFICATION  PURSUANT TO THE SARBANES-OXLEY ACT

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002





I, Francis L. Simola, Chairman, President and CEO of PowerCold Corporation (the Company) do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



1.  This amended
Quarterly Report on Form 10-Q /A
 of the Company for the period ended September 30, 2004 as filed with the Securities and Exchange Commission (the report), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and



2.  The information contained in the report fairly presents, in all material respects, the financial condition and results of operations of the Company.



Date: April 29, 2005



/s/ Francis L. Simola

Francis L. Simola

Chairman, President and CEO
I 

117TH CONGRESS 

1ST SESSION H. R. 3667 

To amend title IV of the Social Security Act to target additional child 

care funds by allocating to States based on the number of children 

in poverty, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 1, 2021 

Mrs. MILLER of West Virginia (for herself and Mr. WALBERG) introduced the 

following bill; which was referred to the Committee on Ways and Means 

A BILL 

To amend title IV of the Social Security Act to target 

additional child care funds by allocating to States based 

on the number of children in poverty, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Targeting Child Care 

5 Funds Based on Poverty Act of 2021’’. 


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2 

•HR 3667 IH

1 SEC. 2. DISTRIBUTION OF ADDITIONAL MATCHING FUNDS 

2 BASED ON SHARE OF CHILDREN IN POVERTY. 

3 Section 418(a)(2)(B) of the Social Security Act (42 

4 U.S.C. 618(a)(2)(B)) is amended— 

5 (1) by striking all that precedes ‘‘total’’ and in6 serting the following: 

7 ‘‘(B) ALLOTMENTS TO STATES.— 

8 ‘‘(i) IN GENERAL.—Except as pro9 vided in clause (ii), the’’; and 

10 (2) by adding after and below the end the fol11 lowing: 

12 ‘‘(ii) SPECIAL RULE.—To the extent 

13 that the total amount referred to in clause 

14 (i) for fiscal year 2022 or for any suc15 ceeding fiscal year exceeds the total 

16 amount so referred to for fiscal year 2020, 

17 the excess shall be allotted among the 

18 States based on the share of each State of 

19 the number of children in poverty who 

20 have not attained 13 years of age.’’. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**228 KA 13-01903**  PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, LINDLEY, AND WHALEN, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER

GORDY A. AKINPELU, DEFENDANT-APPELLANT.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ALAN WILLIAMS OF COUNSEL), FOR DEFENDANT-APPELLANT.

LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (WILLIAM G. ZICKL OF COUNSEL), FOR RESPONDENT.

Appeal from an order of the Genesee County Court (Robert C. Noonan, J.), entered September 13, 2013. The order determined that defendant is a level two risk pursuant to the Sex Offender Registration Act.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Defendant appeals from an order determining that he is a level two risk pursuant to the Sex Offender Registration Act ([SORA] Correction Law § 168 et seq .). At the SORA hearing, defendant’s attorney informed County Court that he reviewed the risk assessment instrument with defendant and that he and defendant would “not be contesting those scores.” The court thus adopted the recommendation of the Board of Examiners of Sex Offenders, which assessed 90 points against defendant, making him a presumptive level two risk. Defendant did not request a downward departure, and the court determined that he was a level two risk. Defendant now contends that he was not afforded due process at the hearing because, among other reasons, the court did not conduct a sufficient inquiry to determine whether he knowingly, intelligently and voluntarily waived his right to contest the level two risk designation. As defendant concedes, however, his contention is unpreserved for our review because he did not assert at the hearing that his due process rights were being violated ( see People v Kyle , 64 AD3d 1177, 1178, lv denied 13 NY3d 709; see also People v Costas , 46 AD3d 475, 476, lv denied 10 NY3d 716; People v Gliatta , 27 AD3d 441, 441). In any event, “the due process protections required for a risk level classification proceeding ‘are not as extensive as those required in a plenary criminal or civil trial’ ” ( Doe v Pataki , 3 F Supp 2d 456, 470; see People v Erb , 59 AD3d 1020, 1020-1021), and defendant has cited no authority to support his contention that “a personal allocution” is**-2- 228 KA 13-01903** 

required in order to waive the right to a SORA hearing ( People v Dexter , 21 AD3d 403, 404, lv denied 5 NY3d 716; see Costas , 46 AD3d at 476).

We have reviewed defendant’s remaining contentions and conclude that none warrants reversal or modification.

Entered: March 27, 2015 Frances E. Cafarell Clerk of the Court
I 

117TH CONGRESS 

1ST SESSION H. R. 3677 

To direct the Secretary of Transportation to establish a distracted driving 

education grant program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 1, 2021 

Miss RICE of New York introduced the following bill; which was referred to 

the Committee on Transportation and Infrastructure 

A BILL 

To direct the Secretary of Transportation to establish a 

distracted driving education grant program, and for 

other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Distracted Driving 

5 Education Act of 2021’’. 

6 SEC. 2. DISTRACTED DRIVING EDUCATION GRANT PRO7 GRAM. 

8 (a) ESTABLISHMENT.—Not later than October 1, 

9 2022, the Secretary of Transportation shall establish a 

10 distracted driving education grant program. 


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2 

•HR 3677 IH

1 (b) GRANT AUTHORITY.—In carrying out the pro2 gram established under subsection (a), the Secretary may 

3 make grants, on a competitive basis, to nonprofit organi4 zations. 

5 (c) ELIGIBLE PROJECTS.—A grant made under sub6 section (b) shall be used to provide education to the public 

7 regarding the risks of distracted driving, including texting 

8 or otherwise using a personal wireless communications de9 vice while driving. 

10 (d) APPLICATIONS.—To be eligible for a grant made 

11 under subsection (b), a nonprofit organization shall sub12 mit to the Secretary an application in such form, at such 

13 time, and containing such information as the Secretary 

14 determines appropriate. 

15 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to the Secretary to make 

17 grants under subsection (b) $5,000,000 for each of fiscal 

18 years 2023 and 2024. 

Æ 


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