alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18
- 2049

UNITED PROPERTY & CASUALTY INSURANCE , Plaintiff

- Appellee ,

v. MARY ROE, individually and as a parent and natural guardian on behalf of Jane Doe, a minor under the age of 18 , Defendant

- Appellant , and JOSEPH STEPHEN HUNTER, SR.; ROSE WADFORD HUNTER , Defendants

.

Appeal from the United States District Court for the District of South Carolina , at Beaufort

. David C. Norton , District Judge. ( 9:16

- cv - 02926

- DCN )

Submitted : June 26, 2019 Decided: July 10, 2019

Before WYNN and FLOYD , Circuit Judges , and SHEDD, Senior Circuit Judge.

Affirmed by un published per curiam opinion

.
Aaron E. Edwards, Lawrence E. Richter, Jr., THE RICHTER FIRM, LLC, Mt. Pleasant, South Carolina, for Appellant. Mary D. LaFave, CROWE LAFAVE, LLC, Columbia,2 South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.3 PER CURIAM: Mary Roe and Jane Doe (collectively , “Roe/Doe”) appeal the district court’s order accepting the recommendation of the magistrate judge and granting summary judgment

to United Property & Casualty Insurance (“UPC”)

. The district court concluded that UPC had no duty to defend or indemnify Roe/Doe’s claims against Joseph Stephen Hunter, Sr., who allegedly sexually abused Jane Doe for nearly ten years , and Rose
Wadford Hunter , who they claim knew of and facilitated the abuse

. We have reviewed
the parties’ briefs and joint appendix and find no reversible err or. Roe/Doe do not dispute the district court’s findings as to Stephen Hunter; they challenge only the court’s grant of summary judgment on their negligence and defamation claims against Rose Hunter. The district court properly accepted Roe/Doe’s
factua l allegations from the underlying state complaint and granted summary judgment applying settled state law. See Mitcheson v. Harris , 955 F.2d 235 , 239 (4th Cir. 1992)

. The court c orrectly c oncluded that UPC had no duty to defend and indemnify Roe/Doe’s negligence claims against Rose Hunter , noting that the policy’s exclusion for damages “arising out of” sexual abuse covered all such claims regardless of the relevant actor or theory of liabil ity. Sphere Drake Ins. Co. v. Litchfield , 438 S.E.2d 275, 277 (S.C. Ct. App. 1993 ). Finally, the district court correctly held UPC had no duty to defend and indemnify Roe/Doe’s defamation claims against Rose Hunter , since Roe/Doe themselves allege d that Rose Hunter’s actions were intentional

. See Miller v. Fid

. - Phx

. Ins. Co. , 231 S.E.2d 701 , 702 (S.C. 1977)

.4 Accordingly, we affirm the district court ’s judgment

. We dispense with oral argument because the facts and legal contentions are adequately presen ted in the materials before this court and argument would not aid the decisional process.
AFFIRMED
§ 33.21 Match. ( a ) Funds may be used to pay up to 50 percent of the cost of a program or project. Section 403(b)(1) of the Act. The remaining non-Federal share shall be in cash. Section 403(b)(2) of the Act. Match will be provided on a project by project basis. However, states may request the Bureau to approve exceptions such as match on a program by program basis, state-wide basis, unit-of-government basis, or a combination of the above. States must include any requests for approval of other than project-by-project match in their applications to the Bureau.
( b ) Funds subgranted to an Indian tribe which performs law enforcement functions (as determined by the Secretary of the Interior) shall be used to pay 100 percent of the cost of a program or project. Section 403(b)(1) of the Act.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
UNAUDITED FINANCIAL STATEMENTS FOR THE PERIOD ENDED MARCH 31, 2000 THAT WERE
FILED WITH THE COMPANY'S REPORT ON FORM 10-QSB 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-31-2000
<PERIOD-START>                             DEC-01-1999
<PERIOD-END>                               MAR-31-2000
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                       0
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                         (1)
<TOTAL-LIABILITY-AND-EQUITY>                         0
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     1
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                (1)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       (1)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
kmph-ex1016_221.htm



 

Exhibit 10.16

 

KemPharm, Inc.

Non-Employee Director Compensation Policy

 

 

Each member of the board of director (the “Board”) of KemPharm, Inc. (the “Company”) who is not also an employee of the Company or any subsidiary of the Company shall be entitled to the following compensation for service on the Board and its committees:

 

Cash Compensation

 

Cash compensation shall be paid in the following annual amounts.  Payments shall be made in quarterly installments in arrears on the last day of each calendar quarter in which service occurred, and shall be prorated as appropriated for a director who does not serve for the full quarter.

 


	
1.
	
Annual Board Service Retainer: 




 

a.All non-employee directors: $35,000


	
 
	
b.
	
Chairman of the Board, if not an employee, or lead independent director, if any (in addition to the retainer for all non-employee directors): $15,000




 

2.Annual Committee Member Service Retainer:

 

a.Member of the Audit Committee: $7,500

b.Member of the Compensation Committee: $5,000

c.Member of the Nominating and Corporate Governance Committee: $5,000

 

 


	
3.
	
Annual Committee Chair Service Retainer (in addition to Committee Member Service Retainer):




 

a.Chairman of the Audit Committee: $15,000

b.Chairman of the Compensation Committee: $10,000

c.Chairman of the Nominating and Corporate Governance Committee: $7,500

 

 

Equity Compensation

 

The equity compensation set forth below will be granted under the Company’s 2014 Equity Incentive Plan (the “Plan”).  All stock options granted under this policy will be nonqualified stock options using the Company’s standard form of Nonqualified Stock Option Agreement under the Plan, with an exercise price per share equal to the last reported sale price of the Company’s common stock on the NASDAQ Capital Market on the date of grant or, if such grant date is not a trading date, on the last trading date prior to the grant date, and with a term of ten years from the date of grant (subject to earlier termination in connection with a termination of service as provided in the Plan). 

 

Annual Grant:  On the date of each annual stockholders meeting of the Company, each director who continues to serve as a non-employee member of the Board following such stockholders meeting will be automatically, and without further action by the Board or the Compensation Committee of the Board, be granted a stock option for 10,000 shares of common stock. The stock options will vest and become exercisable in full on the earlier of (1) the first anniversary of the grant date, (2) the day before the first annual stockholders meeting occurring after the grant date or (3) immediately prior to a “Change in Control” as defined in the Plan, subject in each case to the director’s continued service on such vesting date.
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 166 Agreed to Senate (ATS)]

<DOC>

116th CONGRESS
  1st Session
S. RES. 166

Expressing support for the designation of May 1, 2019, as ``Silver Star 
                         Service Banner Day''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 11, 2019

    Mr. Blunt (for himself and Mr. Hawley) submitted the following 
             resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
Expressing support for the designation of May 1, 2019, as ``Silver Star 
                         Service Banner Day''.

Whereas the Senate has always honored the sacrifices made by the wounded and ill 
        members of the Armed Forces;
Whereas the Silver Star Service Banner has come to represent the members of the 
        Armed Forces and veterans who were wounded or became ill in combat in 
        the wars fought by the United States;
Whereas the Silver Star Families of America was formed to help the people of the 
        United States remember the sacrifices made by the wounded and ill 
        members of the Armed Forces by designing and manufacturing Silver Star 
        Service Banners and Silver Star Flags for that purpose;
Whereas the sole mission of the Silver Star Families of America is to evoke 
        memories of the sacrifices made by members of the Armed Forces and 
        veterans on behalf of the United States through the presence of a Silver 
        Star Service Banner in a window or a Silver Star Flag flying;
Whereas the sacrifices made by members of the Armed Forces and veterans on 
        behalf of the United States should never be forgotten; and
Whereas May 1, 2019, is an appropriate date to designate as ``Silver Star 
        Service Banner Day'': Now, therefore, be it
    Resolved, That the Senate--
            (1) supports the designation of May 1, 2019, as ``Silver 
        Star Service Banner Day''; and
            (2) calls upon the people of the United States to observe 
        Silver Star Service Banner Day with appropriate programs, 
        ceremonies, and activities.
                                 <all>
```
§ 700.13 Form and content of Office responses. ( a ) *Form of notice granting request for access.* After the Office has made a determination to grant a request for access in whole or in part, the Office shall so notify the requester in writing. The notice shall describe the manner in which access to the record will be granted and shall inform the requester of any fees to be charged in accordance with § 700.17.
( b ) *Form of notice denying request for access.* When the Office denies a request for access in whole or in part it shall so notify the requester in writing. The notice shall be signed by the head of the Office, or his designee, and shall include: ( 1 ) The name and title or position of the person responsible for the denial;
( 2 ) A brief statement of the reason or reasons for the denial, including the Privacy Act exemption or exemptions that the Office has relied upon in denying the request and a brief explanation of the manner in which the exemption or exemptions apply to each record withheld; and
( 3 ) A statement that the denial may be appealed under § 700.18(a) and a description of the requirements of that subsection.
( c ) *Record cannot be located or has been destroyed.* If a requested record cannot be located from the information supplied, or is known or believed to have been destroyed or otherwise disposed of, the Office shall so notify the requester in writing.
( d ) *Medical records.* When an individual requests medical records pertaining to himself that are not otherwise exempt from individual access, the Office may advise the individual that the records will be provided only to a physician, designated by the individual, who requests the records and establishes his identity in writing. The designated physician shall determine which records should be provided to the individual and which records should not be disclosed to the individual because of possible harm to the individual or another person.
**Exhibit 31(b)**

**GULF POWER COMPANY**

 

**CERTIFICATION OF CHIEF FINANCIAL OFFICER**
 

I, Ronnie R. Labrato, certify that:

 

 
1.

I have reviewed this annual report on Form 10-K/A of Gulf Power Company;

 
2.

Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 

 
3.

Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report; 

 
4.

The registrant’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

 
(a)

Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

 

 
(b)

Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

 

 
(c)

Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and

5.

The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent functions):

 
(a)

All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and

 

 
 
(b)

Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internal control over financial reporting.

 
Date:  April 26, 2007

/s/Ronnie R. Labrato

Ronnie R. Labrato

Vice President and Chief Financial Officer
(No. 82-CC-0540

#### Flora Braziel, Administratrix of the Estate of Edward Clinton Allen, a/k/a Willie Graham, Deceased, Claimant, *v.*The State of Illinois, Respondent.

*Opinion filed November 4, 1981.*

Harvey Grossman, for Claimant.

Tyrone C. Fahner, Attorney General (William R. Wallin, Assistant Attorney General, of counsel), for Respondent.

Roe, C. J.

This is a claim for attorney fees pursuant to “An Act to provide for representation and indemnification” (Ill. *386Rev. Stat. 1979, ch. 127, par. 1301 *et seq.)*(herein the Representation and Indemnification Act). The Claimant sued several State officers and employees in a case entitled Braziel v. Sielaff, No. 81-3043, in which he alleged violation of his civil rights guaranteed by the United States Constitution while he was in the custody of the Department of Corrections. That case was settled with an agreement signed September 3, 1981, which provided, among other things, that the defendant State officers and employees pay $42,000. The State officers and employees assigned their rights to indemnification to the plaintiff, who is the Claimant here.

Under the Representation and Indemnification Act, a State officer or employee is entitled to representation by the Attorney General and indemnification for damages awarded, court costs, and attorney fees when he is sued in a civil proceeding in which the plaintiff alleges deprivation of a civil or constitutional right arising out of any act or omission occurring within the scope of his employment. The Act was passed in response to developments in Federal law which subjected State officers and employees to Federal suit.

Whether Claimant here is entitled to an award depends on whether the State officers and employees would be entitled to indemnification under the Representation and Indemnification Act. The State officers and employees sued were all officers or employees of the Department of Corrections and were represented by the Attorney General. Thus, he has determined that the State officers and employees were entitled to the benefits of the Act.

We have examined the complaint and the settlement agreement and have determined that the State officers and employees sued would be entitled to indemnification.

*387They were acting within the scope of their employment. The Court did not find that the conduct was intentional, wilful or wanton. We further find that the State officers and employees have assigned their right to Claimant here and that an award to Claimant is just and reasonable. Claimant is hereby awarded $42,000.00.
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. IN11-2-000]

With respect to an order issued by the Commission on February 14, 2011 in the above-captioned docket, staff of the Office of Enforcement (OE), are designated as non-decisional in deliberations by the Commission in this docket. Accordingly, pursuant to 18 CFR 385.2202 (2010), they will not serve as advisors to the Commission or take part in the Commission's review of any offer of settlement. Likewise, as non-decisional staff, pursuant to 18 CFR 385.2201 (2010), they are prohibited from communicating with advisory staff concerning any deliberations in this docket.

Dated: March 14, 2011.

Kimberly D. Bose,

Secretary.

[FR Doc. 2011-6488 Filed 3-18-11; 8:45 am]

BILLING CODE 6717-01-P
Exhibit 23


               Consent of Independent Auditors

We consent to the incorporation by reference in the
Registration Statements (Forms S-8 No. 333-37059 and No. 333-
42035) pertaining to the Hadron, Inc. 1994 Stock Option
Plan, As Amended and the Hadron, Inc. 1997
Employee Stock Purchase Plan of our report dated September 3, 1999,
with respect to the consolidated financial statements
of Hadron, Inc. included in the Annual Report (Form 10-K)
for the year ended June 30, 1999.


                                  /s/ Ernst & Young LLP

Vienna, Virginia
September 22, 1999
#### § 51.51 Purpose of the subpart.

The purpose of this subpart is to inform submitting authorities and other interested parties of the factors that the Attorney General considers relevant and of the standards by which the Attorney General will be guided in making substantive determinations under section 5 and in defending section 5 declaratory judgment actions.
<PAGE>

                                  EXHIBIT 32.2

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

For purposes of 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, Herbert M. Mueller, the Chief Financial Officer
of Delta Apparel, Inc. (the "Company"), hereby certifies that to the best of his
knowledge:

      1.    The Quarterly Report on Form 10-Q for the quarterly period ended
            January 1, 2005 of the Company, as filed with the Securities and
            Exchange Commission on the date hereof (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: February 7, 2005

                                        /s/ Herbert M. Mueller
                                        ----------------------------------------
                                        Herbert M. Mueller
                                        Vice President & Chief Financial Officer

A signed original of this written statement required by section 906 has been
provided to Delta Apparel, Inc. and will be retained by Delta Apparel, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.