alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE COURT OF APPEALS OF TENNESSEE

AT NASHVILLE

April 28, 2006 Session

WILLIS BRUCE AMOS, ET AL. v. THE METROPOLITAN GOVERNMENT

OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE

 Appeal from the Chancery Court for Davidson County

No. 02-2622-I Claudia C. Bonnyman, Judge

No. M2005-00932-COA-R3-CV - Filed on August 2, 2007

FRANK G. CLEMENT, JR., J., dissenting.

I respectfully disagree with the majority’s conclusion that the lump-sum payments made to

Appellants upon their retirement were not for performing personal services; but instead, were in lieu

of the employee using his/her accrued vacation time. Although the payments were indeed made in

lieu of the employee using his/her accrued vacation time, the payments were compensation for the

employee performing personal services during his/her employment. 

As this Court noted in Gaines v. Response Graphics, Inc., “[a] paid vacation is a form of

compensation.” Gaines v. Response Graphics, Inc., 1992 WL 319441, *1 (Tenn. Ct. App. Nov. 6,

1992) (citing 48A Am.Jur.2d Labor and Labor Relations § 1822). The Court went on to state that

“[a]bsent some agreement to the contrary, vacation pay is just like any other compensation that has

accrued up to the time of separation.” Id. 

The Metropolitan Code § 3.08.010(3), in pertinent part, defines “earnings” as “the total cash

compensation paid by the Metropolitan Government . . . to a Metropolitan employee for his personal

services . . . .” The record tells us, if an employee uses vacation time to take a day off, the employee

receives compensation for that day, as if the employee had worked, which is remitted in the

employee’s periodic paycheck, usually at the end of the month. When an employee retires, if the

employee has accrued vacation time not taken, the employee may elect to receive a lump-sum cash

payment for the accrued vacation time not used, or the employee has the option to elect to remain

on the payroll, take the days off that remain until they are extinguished, and receive payment for each

day as though the employee had worked that day. In either event, the employee is compensated for

the earned vacation day. 

The employee is compensated for the value of a vacation day, whether still on the active

payroll or just retired. The only difference between the two forms of compensation is the timing of

the compensation and whether it is paid in installments, usually monthly, or in one lump sum. 
-2-

In summary, I would reverse the decision of the trial court and hold that the lump-sum

payments for accrued vacation time are to be included in the calculation of Appellants’ pension

benefits. 

___________________________________ 

FRANK G. CLEMENT, JR., JUDGE
**Exhibit
      32.1**





**Certification
      pursuant to Section 906 of Sarbanes-Oxley Act of 2002**





I,
      Louis
      D. Paolino, Jr., the Principal Executive Officer of Mace Security International,
      Inc., hereby certify, pursuant to Section 906 of the Sarbanes-Oxley Act of
      2002,
      that the Form 10-K of Mace Security International, Inc. for the year ended
      December 31, 2007 (the “December 31, 2007 Form 10-K”), which this certification
      accompanies, fully complies with requirements of Section 13(a) or 15(d) of
      the
      Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)) and information
      contained in the December 31, 2007 Form 10-K fairly presents, in all material
      respects, the financial condition and results of operations of Mace Security
      International, Inc.








Dated:
      March 31, 2008


/s/
      Louis
      D. Paolino, Jr.


Louis
      D.
      Paolino, Jr.





*
      A
      signed original of this written statement as required by Section 906 has been
      provided to the Registrant and will be retained by the Registrant and furnished
      to the United States Securities and Exchange Commission or its staff upon
      request.
# InspectionTasks
#### CHET’S SHOES, INC., Plaintiff-Appellee, v. Sidney KASTNER, Defendant-Appellant.

No. 2010-1555.

United States Court of Appeals, Federal Circuit.

Feb. 2, 2011.

Before LINN, Circuit Judge.

ON MOTION

ORDER

Sidney Kastner moves to remand this case to the United States District Court for the District of Vermont with instructions that the district court “identify fully specific ‘prior art’ on which its decision granting summary judgment of non-infringement to Chet’s Shoes, Inc. is based.” Chet’s Shoes, Inc. opposes.

This court denies the motion without prejudice to the parties raising the issues in their briefs, if appropriate.

Accordingly,

IT IS ORDERED THAT:

(1) The motion is denied without prejudice.

(2) Sydney Kastner’s brief is due within 30 days of the date of filing of this order.
103D CONGRESS

1ST SESSION H. R. 2495

AN ACT

To direct the Secretary of the Interior to convey to

Hatchery.the State of Ohio the Senecaville National Fish
103D CONGRESS

1ST SESSION H. R. 2495

AN ACT

To direct the Secretary of the Interior to convey to the

State of Ohio the Senecaville National Fish Hatchery.

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

•HR 2495 EH

1 SECTION 1. CONVEYANCE OF SENECAVILLE NATIONAL

2 FISH HATCHERY.

3 (a) CONVEYANCE AUTHORIZED.—Notwithstanding

4 any other provision of law and within 180 days after the

5 date of the enactment of this Act, the Secretary of the

6 Interior shall convey to the State of Ohio without reim7 bursement all right, title, and interest of the United States

8 in and to the property known as the Senecaville National

9 Fish Hatchery, located in Senecaville, Ohio, including—

10 (1) all easements and water rights relating to

11 that property, and

12 (2) all land, improvements, and related personal

13 property comprising that hatchery.

14 (b) USE OF PROPERTY.—All property and interests

15 conveyed under this section shall be used by the Ohio De16 partment of Natural Resources for the Ohio fishery re17 sources management program.

18 (c) REVERSIONARY INTEREST.—All right, title, and

19 interest in and to all property and interests conveyed

20 under this section shall revert to the United States on any

21 date on which any of the property or interests are used
3

•HR 2495 EH

1 other than for the Ohio fishery resources management

2 program.

Passed the House of Representatives August 2,

1993.

Attest:

Clerk.
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2457 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2457

  To direct the Secretary of the Interior to conduct a salmon captive 
                          broodstock program.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 17, 1993

  Ms. Pelosi (for herself, Mr. Fazio, Mr. Hamburg, and Mr. Miller of 
 California) introduced the following bill; which was referred to the 
               Committee on Merchant Marine and Fisheries

_______________________________________________________________________

                                 A BILL

 
  To direct the Secretary of the Interior to conduct a salmon captive 
                          broodstock program.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Winter Run Chinook Salmon Captive 
Broodstock Act of 1993''.

SEC. 2. ESTABLISHMENT OF SALMON CAPTIVE BROODSTOCK PROGRAM.

    (a) In General.--Subject to subsection (d), the Secretary of the 
Interior (hereinafter in this section referred to as the ``Secretary'') 
shall conduct in accordance with this section a salmon captive 
broodstock program (hereinafter in this section referred to as the 
``Program'').
    (b) Program.--The Program shall consist of the development and 
implementation by the Secretary of the plan described in the document 
entitled ``Modification of Permit #747: Application for Permit for 
Scientific Purposes Under The Endangered Species Act'', as submitted to 
the National Marine Fisheries Service on April 24, 1992.
    (c) Consultation.--The Secretary shall consult with the Winter Run 
Chinook Salmon Captive Broodstock Committee (a nonprofit ad hoc 
committee convened by the Pacific Coast Federation of Fishermen's 
Associations) in making management decisions regarding the Program.
    (d) State Matching.--The Secretary may not implement this section 
unless not less than 20 percent of amounts necessary to conduct the 
Program are provided by non-Federal sources.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to conduct the Program $10,900,000 for 
the 9-fiscal-year period beginning with fiscal year 1994.

                                 <all>
```
<PAGE>   1
                                                                    EXHIBIT 23.1


                        CONSENT OF INDEPENDENT AUDITORS


We consent to the incorporation by reference in (1) the Registration Statements
(Form S-3 No. 333-23611 dated April 10, 1997 and No. 333-45597 dated February 4,
1998) and the related Prospectuses of Pacific Gulf Properties Inc. (the
"Company") for the registration of $250,000,000 and $300,000,000, respectively,
of the Company's common stock, preferred stock, debt securities and warrants;
and (2) the Registration Statement (Form S-8, No. 33-73688) pertaining to the
Pacific Gulf Properties Inc. 1993 Share Option Plan, and the Registration
Statement (Form S-3 No. 33-92082) pertaining to the Pacific Gulf Properties Inc.
Dividend Reinvestment Plan of our report dated February 15, 2001 (except Note 11
as to which the date is March 9, 2001), with respect to the consolidated
financial statements and related financial statement schedules of Pacific Gulf
Properties Inc. included in the Annual Report (Form 10-K) for the year ended
December 31, 2000.


/s/ ERNST & YOUNG, LLP


Irvine, California
March 29, 2001
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.                  

###### Federal Emergency Management Agency

          - [FEMA-3158-DR] 

# AGENCY:

Federal Emergency Management Agency (FEMA). 

# ACTION:

Notice. 

# SUMMARY:

This notice amends the notice of an emergency for the State of Oklahoma (FEMA-3158-DR), dated December 28, 2000, and related determinations. 

# EFFECTIVE DATE:

December 31, 2000. 

# FOR FURTHER INFORMATION CONTACT:

Madge Dale, Response and Recovery Directorate, Federal Emergency Management Agency, Washington, DC 20472, (202) 646-3772. 

# SUPPLEMENTARY INFORMATION:

The notice of an emergency for the State of Oklahoma is hereby amended to include the following areas among those areas determined to have been adversely affected by the catastrophe declared an emergency by the President in his declaration of December 28, 2000:

Adair, Cherokee, Cotton, Creek, Grady, Jefferson, Lincoln, Okmulgee, Stephens, Tulsa, Wagoner and Washington Counties for debris removal (Category A) and emergency protective measures (Category B) under the Public Assistance program including direct Federal assistance. 

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 83.537, Community Disaster Loans; 83.538, Cora Brown Fund Program; 83.539, Crisis Counseling; 83.540, Disaster Legal Services Program; 83.541, Disaster Unemployment Assistance (DUA); 83.542, Fire Suppression Assistance; 83.543, Individual and Family Grant (IFG) Program; 83.544, Public Assistance Grants; 83.545, Disaster Housing Program; 83.548, Hazard Mitigation Grant Program.) 

Lacy E. Suiter, 

Executive Associate Director, Response and Recovery Directorate. 

[FR Doc. 01-481 Filed 1-8-01; 8:45 am] 

BILLING CODE 6718-02-P
**KFX INC.**

**EXHIBIT 32.2**

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

I, Kevin R. Collins, state and attest that:

1.     I am the Executive Vice President Finance and Strategy and Chief Financial Officer of KFx Inc. (the “Issuer”),

2.     Accompanying this certification is the Form 10-K for the year ended December 31, 2005, a periodic report (the “Periodic Report”) filed by the issuer with the Securities ExchangeCommission pursuant to Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (the “Exchange Act”), which contains financial statements.

3.     I hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that based on my knowledge:

| •      | the Periodic Report containing the financial statements fully complies with the requirements of Section 13(a) or Section 15(d) of the Exchange Act; and                                        |
|--------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                                      |                                                                                                                                                                       |
| •      | the information contained in the Periodic Report fairly presents, in all material respects, the financial condition and results of operations of the Issuer for the periods presented therein. |

|  /s/ KEVIN R.COLLINS                                      |
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Kevin R. Collins                                                                                                                                                                                                                                        |
| Title: Executive Vice President Finance and Strategy and Chief Financial Officer                                                                                                                                                                        |
| Date: March 6, 2006                                                                                                                                                                                                                                |

A signed original of this written statement required by Section 906 has been provided to KFx Inc. and will be retained by KFx Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
[Federal Register Volume 66, Number 38 (Monday, February 26, 2001)]
[Notices]
[Pages 11589-11590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4603]


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

FEDERAL EMERGENCY MANAGEMENT AGENCY

[FEMA-3163-EM]


Wisconsin; Amendment No. 1 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Notice.

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

SUMMARY: This notice amends the notice of an emergency declaration for 
the State of Wisconsin, (FEMA-3163-EM), dated January 24, 2001, and 
related determinations.

EFFECTIVE DATE: February 15, 2001.

FOR FURTHER INFORMATION CONTACT: Madge Dale, Response and Recovery 
Directorate, Federal Emergency Management Agency, Washington, DC 20472, 
(202) 646-3772.

SUPPLEMENTARY INFORMATION: The notice of an emergency declaration for 
the State of Wisconsin is hereby amended to include the following areas 
among those areas determined to have been adversely affected by the 
catastrophe declared an emergency by the President in his declaration 
of January 24, 2001:


[[Page 11590]]


    Columbia, Ozaukee and Waukesha Counties for emergency protective 
measures (Category B) under the Public Assistance program for a 
period of 48 hours.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) 
are to be used for reporting and drawing funds: 83.537, Community 
Disaster Loans; 83.538, Cora Brown Fund Program; 83.539, Crisis 
Counseling; 83.540, Disaster Legal Services Program; 83.541, 
Disaster Unemployment Assistance (DUA); 83.542, Fire Suppression 
Assistance; 83.543, Individual and Family Grant (IFG) Program; 
83.544, Public Assistance Grants; 83.545, Disaster Housing Program; 
83.548, Hazard Mitigation Grant Program)

Lacy E. Suiter,
Executive Associate Director, Response and Recovery Directorate.
[FR Doc. 01-4603 Filed 2-23-01; 8:45 am]
BILLING CODE 6718-02-P
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEET AS OF APRIL 1, 2000 AND THE RELATED STATEMENT OF INCOME FOR THE QUARTER
ENDED APRIL 1, 2000 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-30-2000
<PERIOD-START>                             JAN-02-2000
<PERIOD-END>                               APR-01-2000
<CASH>                                           7,891
<SECURITIES>                                         0
<RECEIVABLES>                                    2,273
<ALLOWANCES>                                         0
<INVENTORY>                                     13,131
<CURRENT-ASSETS>                                42,298<F1>
<PP&E>                                          24,797
<DEPRECIATION>                                   3,560
<TOTAL-ASSETS>                                  63,825
<CURRENT-LIABILITIES>                           14,730
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           186
<OTHER-SE>                                      46,906
<TOTAL-LIABILITY-AND-EQUITY>                    63,825
<SALES>                                          5,719
<TOTAL-REVENUES>                                 5,719
<CGS>                                            3,952
<TOTAL-COSTS>                                   19,982
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               (230)
<INCOME-PRETAX>                               (14,033)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (14,033)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (14,033)
<EPS-BASIC>                                     (0.76)
<EPS-DILUTED>                                   (0.76)
<FN>
<F1>INCLUDES NET ASSETS OF DISCONTINUED OPERATIONS OF $15,595.
</FN>


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

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

|                         |   |                                 |
|------------------------------|--------|--------------------------------------|
|                         |   |                                 |   |
| Date:  November 8, 2010 |   | /s/ James R. Ingebritsen        |   |
|                         |   | Name:  James R. Ingebritsen     |   |
|                         |   | Title:  Chief Executive Officer |   |
|                         |   |                                 |   |
[No. 59218-1-I.

Division One.

September 24, 2007.]

#### Thai Pham, *Appellant,*v. Jonie Ng et al., *Respondents.*

Appeal from a judgment of the Superior Court for King County, No. 06-2-05564-1, Richard A. Jones, J., entered November 9, 2006. *Affirmed*by unpublished per curiam opinion.
|   | **Exhibit 23.5** |
|--------|------------------|

 

**CONSENT OF PROCONSULT, C.A.**

 

We hereby consent to the incorporation by reference in this Annual Report (Form 40-F) of Crystallex International Corporation (the "Company") of references to and a summary of those sections prepared by us in the development plan completed by us and other independent consultants in August 2005 entitled "Development Plan—2005, Update to the Feasibility Study Issued September 2003 (Development Plan)" (the "Incorporated Information"), included in the Annual Information Form for the Company for the fiscal year ended December 31, 2006.

 

We also hereby consent to the incorporation by reference of the Incorporated Information into all of the Company's outstanding registration statements on Forms F-2, F-3, F-10 and S-8 that have been filed with the Securities and Exchange Commission.

 
|   | Dated this 10th day of June, 2007. |
|--------|------------------------------------|

 
|   | **ProConsult, C.A.** |
|--------|----------------------|

 
|   | /s/ ProConsult, C.A.                     |
|--------|----------------------------------------------------------------------------------------------------------------------------------------------|
|   | Authorized Signatory                                                                                                                         |  
 

 

 

1

 

 

  |