alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 20 - 0154 STATE OF MONTANA,

Plaintiff and Appellee, v. TYLER GHARRETT WILKINSON,

Defendant and Appellant.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including November 2 , 2020 , within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

September 23 2020

09/23/2020

Case Number: DA 20-0154
<PAGE>   1
                                                                   EXHIBIT 10iii


                                  AMENDMENT TO
                        GREAT LAKES CHEMICAL CORPORATION
                            SUPPLEMENTAL SAVINGS PLAN


                  The Great Lakes Chemical Corporation Supplemental Savings Plan
(the "Plan") is hereby amended, effective as of January 1, 2000, as set forth
below.

                  Any term which is not defined below shall have the meaning set
forth in the Plan.

                  1. Clause (b) of the first sentence of the first paragraph of
Section 2.1 of the Plan is hereby amended and restated to read as follows:

         (b) whose annual base rate of earnings in a Plan Year ending after
         January 1, 2000 is at least $85,000 and

                  2. The first sentence of the second paragraph of Section 2.1
of the Plan is hereby amended and restated to read as follows:

         Notwithstanding the foregoing provisions of this Section 2.1 and the
         provisions of Section 3.1, an individual who is employed by the Company
         on or after January 1, 2000 and whose annual base rate of earnings in a
         Plan Year ending after January 1, 2000 is at least $85,000 may
         participate in the Plan although he has not satisfied all the
         conditions set forth above.



<PAGE>   2


                  IN WITNESS WHEREOF, Great Lakes Chemical Corporation has
caused this Amendment to be executed by a duly authorized officer of the Company
as of the day and year first above written.


                        GREAT LAKES CHEMICAL CORPORATION

                        By: /s/ R.J. Kinsley
                           ---------------------------------------------
                            11/29/99
                           ---------------------------------------------






















                                       2
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 22-0716 STATE OF MONTANA, Plaintiff and Appellee, v. TRAVIS DEWAYNE LOHMAN, , Defendant and Appellant.

ORDER GRANTING EXTENSION UPON consideration of Appellant’s motion for extens ion of time, as well as agreement, IT IS HEREBY ORDERED that App ellant is granted an extension of time up to and including Ma y 24, 2023, within which to prepare, file, and serve Appellant’ s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

April 13 2023

04/13/2023

Case Number: DA 22-0716
GOAL-SETTING WORKSHEET

Your success depends on setting goals that really matter to you. Write 

down your goals, put them where you can see them, and renew them 

regularly. Describe how you will reward yourself for achieving each goal.

Short-Term Goals

Write down at least two of your own personal short-term goals. What 

will you do over the next week or two that will help you make physical 

activity a regular part of your life? 

1.

2.

3.

Reward

Long-Term Goals

Write down at least two long-term goals. Focus on where you want to 

be in 6 months, a year, or 2 years from now. Remember, setting goals will 

help you make physical activity part of your everyday life, monitor your 

progress, and celebrate your success. 

1.

2.

3.

Reward
11 TH C OURT OF A PPEALS

E ASTLAND

, T EXAS

J UDGMENT

Ramon Quiroga, * From the 244 th District Court

o f Ector County, Texas

Trial Court No. C

- 40,472

.

Vs. No. 11

- 16

- 00229

- CR * September 8 , 2016

The State of Texas, * Per Curiam Memorandum Opinion

(Panel consists of: Wright, C.J.,

Willson, J., and Bailey, J.)

This court has inspected the record in this cause and concludes that the

appeal should be dismissed for want of jurisdiction . Therefore, in accordance with

this court ’ s opinion, the appe al is dismissed.
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

September 26, 2006 Clifford W. Taylor, Chief Justice

131461 Michael F. Cavanagh
Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan ELLA COOPER FROEHLICH, Plaintiff-Appellant, Robert P. Young, Jr. Stephen J. Markman,
Justices

v SC: 131461 COA: 264616 Grand Traverse CC: 04-023834-CZ DEITER FROEHLICH and KIMBERLEE MCCARDELL, Defendants-Appellees.

________________ _______________ __________/

On order of the Court, the applicati on for leave to appeal the March 14, 2006 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the questions presented s hould be reviewed by this Court.

s0918 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

September 26, 2006

Clerk
### §460w–1. Boundaries not to include lands held in trust by United States for Red Cliff Band or Bad River Band of Lake Superior Chippewa Indians; exceptions

No lands held in trust by the United States for either the Red Cliff Band or Bad River Band of the Lake Superior Chippewa Indians, or for allottees thereof, shall be acquired or included within the boundaries of the lakeshore established by this subchapter, with the following exception:

If the Indians who own more than 50 per centum of the interest in allotment number 74 GL or allotment number 135 in the Red Cliff Reservation agree to sell the allotment to the Secretary of the Interior (hereinafter referred to as the "Secretary"), the Secretary may consent to the sale on behalf of the other owners, purchase the allotment for the negotiated price and revise the boundaries of the lakeshore to include the allotment.

(Pub. L. 91–424, §2, Sept. 26, 1970, 84 Stat. 880.)
<PAGE>
                                                                      EXHIBIT 23

CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

As independent public accountants, we hereby consent to the incorporation of our
report dated July 30, 1999 included in this Form 10-K, into the Company's
previously filed Registration Statement on Form S-8 (No. 2-73235) of the
Hathaway Corporation Amended 1980 Non-Incentive Stock Option Plan dated August
3, 1981, into the Registration Statement on Form S-8 (No. 2-90687) of the 1983
Incentive and Non-Qualified Stock Option Plan of Hathaway Corporation dated May
10, 1984, into the Registration Statement on Form S-8 (No. 3344998) of the 1992
Employee Stock Purchase Plan of Hathaway Corporation dated January 8, 1992, into
the Registration Statement on Form S-8 (No. 33-37473) of the 1989 Incentive and
Non-Qualified Stock Option Plan of Hathaway Corporation dated October 25, 1990,
and into the Registration Statements on Form S-8 (Nos. 3344997 and 333-21337) of
the 1991 Incentive and Non-Statutory Stock Option Plan of Hathaway Corporation
dated January 8, 1992 and February 7, 1997, respectively.




                                                   ARTHUR ANDERSEN LLP

Denver, Colorado,
  September 20, 1999.
#### David C. COOPER, Plaintiff—Appellant, v. PROVIDENT LIFE & ACCIDENT INSURANCE COMPANY, a Stock Corporation, Defendant—Appellee.

No. 01-15879. D.C. No. CV-97-00490-JCC.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted April 11, 2002.

Decided May 8, 2002.

Before SCHROEDER, Chief Judge, B. FLETCHER and KOZINSKI, Circuit Judges.

MEMORANDUM *

David Cooper seeks long term disability benefits. Here he challenges the district court’s determination that his policy was governed by ERISA and that his state law claims against the defendant were therefore preempted. We need not reach his contention that the plan in its original form was within the “safe harbor” defined by the Department of Labor regulation exempting plans to which the employer neither contributed nor endorsed from ERISA coverage. 29 C.F.R. § 2501.3-1(j) (2002). Any ERISA plan that did exist during Cooper’s employment was terminated when the employer went out of busi*371ness and before Cooper filed his claim. Cooper filed the claim under consideration in this case in December 1996 almost a year after the company went out *of*business.

Accordingly, even if there had been an ERISA plan in existence when the company was still functioning, there was no ERISA plan after it ceased doing business and Cooper continued independently to make full payment of premiums. The case is therefore controlled by our decision in *Waks v. Empire Blue Cross/Blue Shield,*263 F.3d 872, 874 (9th Cir.2001).

The judgment of the district court is reversed and the matter is remanded to permit the appellant to pursue his state law claims.

REVERSED AND REMANDED.

*

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
Order entered July 17, 2014

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-13-00839-CR

TOREY BOYKIN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 366th Judicial District Court

Collin County, Texas

Trial Court Cause No. 366-82130-2012

ORDER

The Court REINSTATES the appeal.

On May 28, 2014, the Court ordered Lara Bracamonte removed as appellant’s appointed 

attorney of record and ordered the trial court to appoint new counsel to represent appellant. We 

have received the trial court’s order appointing John Tatum to represent appellant.

Accordingly, we DIRECT the Clerk to list John Tatum as appellant’s appointed attorney 

of record.

We ORDER appellant to file his brief within FORTY-FIVE DAYS of the date of this 

order.

We DIRECT the Clerk to send copies of this order, by electronic transmission, to John 

Tatum and the Collin County District Attorney’s Office.

/s/ LANA MYERS 

JUSTICE
**Exhibit 32(a)**

 

**CERTIFICATION**

**18 U.S.C. SECTION 1350**

**AS ADOPTED PURSUANT TO SECTION 906 OF THE**

**SARBANES-OXLEY ACT OF 2002**

 

In connection with the accompanying Annual Report on Form 10-K/A of Gulf Power Company for the year ended December 31, 2006, we, the undersigned, hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of our individual knowledge and belief, that:

 

| (1)    | such Annual Report on Form 10-K/A of Gulf Power Company for the year ended December 31, 2006, which this statement accompanies, 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 such Annual Report on Form 10-K/A of Gulf Power Company for the year ended December 31, 2006, fairly presents, in all material respects, the financial condition and results of operations of Gulf Power Company. |

 

 

 

|   | /s/Susan N. Story

Susan N. Story

President and Chief Executive Officer

 

 

 

 

  |
|--------|------------------------------------------------------------------------------------------------------------------|
|   | /s/Ronnie R. Labrato

Ronnie R. Labrato

Vice President and Chief Financial Officer

                       |

 

 

Date:  April 26, 2007
SCWC

- 22

- 0000349

IN THE SUPREME COURT OF THE STATE OF HAWAI ʻ I

________________________________________________________________
IN THE MATTER OF THE TAX APPEAL OF HAWAIIAN AIRLINES, INC., Petitioner/ Plaintiff

- Appellant, v. DEPARTMENT OF TAXATION,

Respondent/ Defendant

- Appellee.

________________________________________________________________

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS ( CAAP

- 22

- 0000349 ; C IV

. NO. 1CTX

- 21

- 0000493 )

ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI (By: Recktenwald, C.J., McKenna, Eddins , Ginoza, and Devens JJ

. )

The application for writ of certiorari filed on May 13 ,

2024 , by Petitioner / Plaintiff

- Appellant Hawaiian Airlines, Inc.,

is hereby accepted and will be scheduled for oral argument. The

parties will be notified by the appellate clerk regarding

scheduling

.

DATED: Honolulu, Hawai ʻ i, Ju ly 8 , 202 4

.

/s/ Mark E. Recktenwald
/s/ Sabrina S. McKenna
/s/ Todd W. Eddins
/s/ Lisa M. Ginoza
/s/ Vladimir P. Devens Electronically Filed Supreme Court SCWC-22-0000349 08-JUL-2024 12:28 PM Dkt. 17 OGAC
### §3839bb–4. Repealed. Pub. L. 113–79, title II, §2709(a), Feb. 7, 2014, 128 Stat. 770

Section, Pub. L. 99–198, title XII, §1240Q, as added Pub. L. 110–234, title II, §2605, May 22, 2008, 122 Stat. 1069, and Pub. L. 110–246, §4(a), title II, §2605, June 18, 2008, 122 Stat. 1664, 1797, related to conservation activities on agricultural lands in the Chesapeake Bay watershed.

#### **Statutory Notes and Related Subsidiaries**

#### Repeal; Transitional Provisions

Pub. L. 113–79, title II, §2709, Feb. 7, 2014, 128 Stat. 770, provided that:

"(a) Repeal.—Except as provided in subsection (b), section 1240Q of the Food Security Act of 1985 (16 U.S.C. 3839bb–4) is repealed.

"(b) Transitional Provisions.—

"(1) Effect on existing contracts, agreements, and easements.—The amendment made by this section [repealing section 3839bb–4 of this title] shall not affect the validity or terms of any contract, agreement, or easement entered into by the Secretary of Agriculture under section 1240Q of the Food Security Act of 1985 ([former] 16 U.S.C. 3839bb–4) before the date of enactment of the Agricultural Act of 2014 [Feb. 7, 2014], or any payments required to be made in connection with the contract, agreement, or easement.

"(2) Funding.—

"(A) Use of prior year funds.—Notwithstanding the repeal of section 1240Q of the Food Security Act of 1985 ([former] 16 U.S.C. 3839bb–4), any funds made available from the Commodity Credit Corporation to carry out the Chesapeake Bay watershed program under that section for fiscal years 2009 through 2013 shall be made available to carry out contracts, agreements, and easements referred to in paragraph (1) that were entered into prior to the date of enactment of the Agricultural Act of 2014 (including the provision of technical assistance).

"(B) Other.—The Secretary [of Agriculture] may use funds made available to carry out the regional conservation partnership program under subtitle I of title XII of the Food Security Act of 1985 [16 U.S.C. 3871 et seq.], as added by section 2401, to continue to carry out contracts, agreements, and easements referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts, agreements, and easements as in existence on the day before the date of enactment of the Agricultural Act of 2014."
(March 8, 1943.)

#### Anthony A. Castellano et al., Respondents, v. Circle Construction Corporation, Appellant and Respondent, and Joseph Breen, Inc., Defendant-Appellant.

Present — Close, P. J., Hagarty, Carswell, Taylor and Lewis, JJ.
### §460vv–9. Beech Creek National Scenic Area

#### (a) Designation

In order to protect and enhance certain scenery and wildlife within the Ouachita National Forest, Oklahoma, certain lands within such national forest, as generally depicted on a map entitled "Beech Creek National Scenic Area—Proposed", dated March 1988, are hereby designated as the "Beech Creek National Scenic Area" (hereinafter in this subchapter referred to as the "national scenic area").

#### (b) Map and description

The Secretary of Agriculture (hereinafter in this section referred to as the "Secretary") shall, as soon as practicable after October 18, 1988, file a map and a legal description of the national scenic area with the Committee on Interior and Insular Affairs and the Committee on Agriculture of the United States House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the United States Senate. Each such map and legal description shall have the same force and effect as if included in this subchapter; except that correction of clerical and typographical errors in such legal description and map may be made. The map and legal description shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture.

#### (c) Administration

The Secretary shall administer the national scenic area in accordance with the laws, rules, and regulations applicable to the national forests in such manner as will best further the purposes of this section, as set forth in subsection (a). Timber management practices within the area shall promote a mixed hardwood and conifer forest with species and age class diversity approximating natural succession and with significant mast production and den trees for wildlife. Unevenaged management shall be the timber management practice in the area, except that the Secretary is authorized to use evenaged management practices in order to promote public safety or to mitigate the effects of fire, insects, and disease.

(Pub. L. 100–499, §11, Oct. 18, 1988, 102 Stat. 2496.)

#### **Statutory Notes and Related Subsidiaries**

#### Change of Name

Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress.
#### UNITED STATES of America, Plaintiff-Appellee, v. Michael BARRY, a/k/a Michael Berryman, Defendant-Appellant.

No. 01-4893.

United States Court of Appeals, Fourth Circuit.

Submitted April 30, 2002.

Decided May 17, 2002.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (CR-00-493).

Anton J.S. Keating, Baltimore, Maryland, for Appellant. Thomas M. DiBiagio, United States Attorney, Angela R. White, Assistant United States Attorney, Baltimore, Maryland, for Appellee.

Before WILLIAMS, MOTZ, and KING, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

OPINION

PER CURIAM.

Michael Barry appeals his conviction and sentence for being a felon in possession of a firearm, in violation of 18 U.S.C.A. § 922(g)(1) (West 2000). Barry appeals the district court’s order denying his motion to suppress evidence of his possession of a firearm. He also challenges the court’s denial of his request for a downward departure. Finding no error, we affirm.

Barry contends that the officers did not have reasonable suspicion to stop him, and therefore the discovery of the gun was in violation of the Fourth Amendment. We have reviewed the record on appeal and the parties’ briefs and find no reversible error on this issue. *See United States v. Sokolow,*490 U.S. 1, 9, 109 S.Ct. 1581, 104 L.Ed.2d 1 (1989) (holding that the determination of reasonable suspicion takes into account the totality of the circumstances).

Barry also claims that the district court erred in finding that it had no power to grant a downward departure. Barry asserts that the district court had the authority to depart if it agreed that his armed career criminal designation and corresponding criminal history category overstated the seriousness of his criminal background. *United States v. Pinckney,*938 F.2d 519, 520-21 (4th Cir.1991).

*Pinckney*involves a defendant’s career offender status imposed under *U.S. Sentencing Guidelines Manual*§ 4B1.1. When a defendant receives career offender status under § 4B1.1, the district court is permitted to grant a downward departure under USSG § 4A1.3, p.s. *Pinckney,*938 *148F.2d at 521. Here, Barry was subject to a statutory minimum sentence of 180 months under 18 U.S.C.A. § 924(e)(1) (West 2000), the Armed Career Criminal Act. The Guidelines state that a sentence may be imposed at any point in the guideline range provided that the sentence is not less than the statutory minimum. USSG § 5G1.1(c)(2). Therefore the court did not err in imposing the mandatory minimum sentence and refusing to grant a downward departure.

We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*AFFIRMED.*
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 66 Engrossed in Senate (ES)]

<DOC>
116th CONGRESS
  2d Session
S. J. RES. 66

_______________________________________________________________________

                            JOINT RESOLUTION

 
Providing for the appointment of Denise O'Leary as a citizen regent of 
          the Board of Regents of the Smithsonian Institution.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That, in accordance with 
section 5581 of the Revised Statutes (20 U.S.C. 43), the vacancy on the 
Board of Regents of the Smithsonian Institution, in the class other 
than Members of Congress, occurring by reason of the resignation of 
Barbara M. Barrett of Arizona on October 17, 2019, is filled by the 
appointment of Denise O'Leary of Colorado. The appointment is for a 
term of six years, beginning on the date of the enactment of this joint 
resolution

            Passed the Senate January 9, 2020.

            Attest:

                                                             Secretary.
116th CONGRESS

  2d Session

                             S. J. RES. 66

_______________________________________________________________________

                            JOINT RESOLUTION

Providing for the appointment of Denise O'Leary as a citizen regent of 
          the Board of Regents of the Smithsonian Institution.
```
### §410rr–2. Acquisition of lands, waters, and interests in lands and waters

The Secretary is authorized to acquire lands, waters, and interests therein within the boundaries of the park by donation, purchase with donated or appropriated funds, or exchange: Provided, however, That the Secretary may not acquire lands within the Forked Lightning Ranch as depicted on the map from the owner of record of such lands as of May 1, 1990, without the consent of such owner unless the Secretary determines that the lands are being used, or that there is an imminent threat that the lands will be used, for any purpose that is incompatible with the purposes of this Act.

(Pub. L. 101–313, title II, §203, June 27, 1990, 104 Stat. 279.)

#### **Editorial Notes**

#### References in Text

This Act, referred to in text, is Pub. L. 101–313, June 27, 1990, 104 Stat. 272, which enacted this subchapter, amended sections 410pp, 410pp–1, and 460uu–12 of this title, and enacted and repealed provisions listed in a Miscellaneous National Monuments table set out under section 320301 of Title 54, National Park Service and Related Programs. For complete classification of this Act to the Code, see Tables.