alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Archer v. Corey-Scheffel Lumber Co.

November 25, 1947.

Rehearing -denied March 26, 1948.

Lawrence F. Speckman, Judge.

William F. Clarke for appellee.

Opinion of the Court by

Yan Sant, Commissioner

—Affirming.

Appellant is an architect and builder, and appellee is engaged in the building supply business. They entered into four written contracts September 16, 1941, *737whereby appellee agreed to furnish to appellant material for the construction of eighteen houses. After substantial payments were made on the contracts and all materials had been delivered, appellee filed this suit to collect for extras not covered by the contracts. Because of involved accounting, the case was referred to the Master Commissioner, who recommended judgment in favor of appellee in the sum of $1,145.01, and judgment was entered accordingly. Included in the judgment was an item of $507.80 for outside window blinds; from this part of the judgment this appeal has been taken.

Appellant contends that the window blinds were included in the plans and specifications, and therefore were included in the original bid, whilst appellee contends that they were not included in the original ’ bid, but were “extras” ordered after the contracts were entered into. The evidence on this issue is conflicting. Appellant testified that the bids were made from the plans and specifications which he furnished to appellee. Appellee’s agent, who entered into the contracts for appellee with appellant, and its employee who made the estimate for the purpose of bidding for the contracts, testified that their estimate was made from a list taken from the plans and specifications by one of appellee’s competitors, the Kister Lumber Company, and that at the time of making the estimate they did not have any other plans or specifications before them; that the items listed by the Kister Lumber Company contained the window blinds, but opposite this item appeared the notation, “omit,” and because of this notation they did not include the cost of the blinds in the bid submitted to appellant. Appellant does not deny that when the blinds were furnished he was billed for them as extras, and that he made no protest until after this suit was filed. Where the evidence is conflicting, and the Master Commissioner and Chancellor agree on their findings of fact, this Court will not reverse the judgment unless it is against the weight of the evidence. Catlin v. Justice, 288 Ky. 270, 156 S. W. 2d 107. We have no doubt that the Commissioner and the Chancellor correctly weighed the evidence in favor of appellee.

The judgment is affirmed.
EXHIBIT 32.2

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


         In connection with the Quarterly Report of Bekem Metals, Inc. on Form
10-QSB for the quarter ended March 31, 2005, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), the undersigned, James
Gunnell, Principal Financial Officer of the Company, certify, pursuant to 18
U.S.C. ss.1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of
2002, that:

         (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 result of
                  operations of the Company.



Date: May 23, 2005                                    /s/ James Gunnell
                                                     ---------------------------
                                                     James Gunnell,
                                                     Principal Financial Officer
| (1)   | the                quarterly Report on Form 10-QSB of Colombia Goldfields Ltd. for the                quarter ended September 30, 2007 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 quarterly Report on Form 10-QSB for                the                quarter ended September 30, 2007, fairly presents in all material                respects, the financial condition and results of operations of Colombia                Goldfields Ltd.. |
|-----------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   |   By: |   /s/                J. Randall Martin             |
|--------|-----------------|--------------------------------------------------------------|
|   | Name:           | J.                Randall Martin                             |
|   | Title:          | Principal                Executive Officer and Vice Chairman |
|   | Date:           | November                13, 2007                             |
|   |  By:       |  /s/                James Kopperson                     |
|   | Name:           | James                Kopperson                               |
|   | Title:          | Principal                Financial Officer                   |
|   | Date:           | November                13, 2007                             |

----
### §2902. Property management

(a) In General.—The Postal Service—

(1) shall maintain adequate inventory controls and accountability systems for postal property;

(2) shall develop current and future workforce projections so as to have the capacity to assess the needs of the Postal Service workforce regarding the use of property;

(3) may develop a 5-year management template that—

(A) establishes goals and policies that will lead to the reduction of excess property and underutilized property in the inventory of the Postal Service;

(B) adopts workplace practices, configurations, and management techniques that can achieve increased levels of productivity and decrease the need for real property assets;

(C) assesses leased space to identify space that is not fully used or occupied;

(D) develops recommendations on how to address excess capacity at Postal Service facilities without negatively impacting mail delivery; and

(E) develops recommendations on ensuring the security of mail processing operations; and

(4) if the Postal Service develops a template under paragraph (3) shall, as part of that template and on a regular basis—

(A) conduct an inventory of postal property that is real property; and

(B) publish a report that covers each property identified under subparagraph (A), similar to the USPS Owned Facilities Report and the USPS Leased Facilities Report, that includes—

(i) the date on which the Postal Service first occupied the property;

(ii) the size of the property in square footage and acreage;

(iii) the geographical location of the property, including an address and description;

(iv) the extent to which the property is being utilized;

(v) the actual annual operating costs associated with the property;

(vi) the total cost of capital expenditures associated with the property;

(vii) the number of postal employees, contractor employees, and functions housed at the property;

(viii) the extent to which the mission of the Postal Service is dependent on the property; and

(ix) the estimated amount of capital expenditures projected to maintain and operate the property over each of the next 5 years after the date of enactment of this chapter.

(b) Rule of Construction.—Nothing in subsection (a)(4)(B) shall be construed to require the Postal Service to obtain an appraisal of postal property.

(Added Pub. L. 114–318, §4(a), Dec. 16, 2016, 130 Stat. 1613.)

#### **Editorial Notes**

#### References in Text

The date of enactment of this chapter, referred to in subsec. (a)(4)(B)(ix), is the date of enactment of Pub. L. 114–318, which was approved Dec. 16, 2016.
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED AU GUST 21, 2013

NO. 03

- 12

- 00755

- CV

John Kleas, Appellant

v.

Clark, Thomas & Winters, P.C., Appellee

APPEAL FROM COUNTY COURT AT LAW NO. 1 OF TRAVIS COUNTY

BEFORE JUSTICES PURYE AR, PEMBERTON, AND R OSE

AFFIRMED

-- OPINION BY JUSTICE PEMBERTON

THIS CAUSE came on to be heard on the record of the court below, and the same being

considered, because it is the opinion of this Court that there was no error in the trial court’s

judgmen t: IT IS THEREFORE considered, adjudged and ordered that the judgment of the trial

court is in all things affirmed. It is FURTHER ordered that the appellant pay all costs relating

to this appeal, both in this Court and the court below; and that this deci sion be certified below for

observance.
**Exhibit
      32.1**





Certification
      Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.
§1350)





I,
      Thomas
      W. Martin, Chairman, Chief Executive Officer and President of ICON Capital
      Corp., the Manager of the Registrant in connection with the Quarterly Report
      of
      ICON Income Fund Ten, LLC (the "LLC") on Form 10-Q/A for the period ended June
      30, 2005, as filed with the Securities and Exchange Commission on the date
      hereof (the "Quarterly Report") certify, pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:





1.
            The
                Quarterly Report fully complies with the requirements of Section
                13(a) or
                15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §78m);
                and





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








*Dated:
      December 11, 2007*





*/s/
      Thomas W. Martin*


Thomas
      W.
      Martin


Chairman,
      Chief Executive Officer and President of the Manager


(Principal
      Executive Officer)


ICON
      Capital Corp.


Manager
      of ICON Income Fund Ten, LLC
#### Alexander F. Kessler, Appellant, v. Ike Hamburger, Respondent.

— Judgment unanimously affirmed, with costs.
<PAGE>
Exhibit 10.2

                   MODIFICATION & EXTENSION OF TRUST DEED NOTE

On March 31, 2004, Penge Corporation and Kirk Fischer executed a Note and Trust
Deed in favor of Monitor Finance, L.C. and First Capital Funding, L.C. in the
amount of $330,000. The Trust Deed was recorded April 4, 2005 as Entry No.
040411002 in the records of the Cochise County Recorder. The Trust Deed
encumbered the real property described on the attached Exhibit "A". Penge
Corporation and Kirk Fischer hereby acknowledge that the current balance owing
is $375,278.99.

The parties hereby modify said Trust Deed Note as follows:

"The balloon date is amended to 7/1/07."
"A fee of $37,527.90 shall be charged for said extension"

The parties acknowledge that the same terms and conditions of the original Note,
extension dated 3/31/04, and Trust Deed will remain in force and unchanged with
exception of the above modifications.

Date: July 1, 2006

/s/ Kirk Fischer
______________________________
Kirk Fischer


______________________________
Penge Corporation
By: _________________
Its: _________________
________________________


/s/ Miles C. Pitcher
______________________________
Monitor Finance, L.C.
By: Miles C. Pitcher
Its: Co-Operating Manager


______________________________
First Capital Funding, L.C.
By: Derek Ollivier
Its: Member
#### § 1000.26 Directorate for Epidemiology.

The Directorate for Epidemiology, managed by the Associate Executive Director for Epidemiology, is responsible for the collection and analysis of data on injuries and deaths associated with consumer products. The Directorate has two divisions: the Data Systems Division and the Hazard Analysis Division. The Data Systems Division operates the national data collection systems which provide the data that serve as the basis for the Commission's estimates of the numbers of deaths and injuries associated with consumer products. These data systems include the National Electronic Injury Surveillance System, a nationally representative sample of hospital emergency departments; a death certificate file, which contains data obtained from death certificates on deaths associated with consumer products; and the Injury and Potential Injury Incident file, which contains information on, among other things, incidents associated with consumer products, based on news clips, medical examiner reports, hotline reports, Internet complaints, and referrals. The Hazard Analysis Division conducts statistical analysis of these data and conducts epidemiologic studies to estimate the numbers of injuries and deaths associated with various consumer products and to examine factors associated with these injuries and deaths. In addition, staff in the Hazard Analysis Division design special studies, design and analyze data from experiments for testing of consumer products, and provide statistical expertise and advice to Commission staff in support of regulation development.
#### Pilgrim Steamship Corporation et al., Respondents, v. Smith-Johnson Steamship Corp., Appellant, et al., Defendants.

Judgment unanimously affirmed, with costs. No opinion. Present — Cohn, J. P., Breitel, Bastow, Botein and Bergan, JJ.
[Federal Register Volume 69, Number 225 (Tuesday, November 23, 2004)]
[Notices]
[Page 68177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26017]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-55,889]


The Glass Group, Inc., Park Hills, MO; Notice of Termination of 
Investigation

    Pursuant to Section 221 of the Trade Act of 1974, as amended, an 
investigation was initiated on October 27, 2004 in response to a worker 
petition filed on behalf of workers at The Glass Group, Inc., Park 
Hills, Missouri.
    This petition is a duplicate of a petition instituted on October 
27, 2004 (TA-W-55,864), which is the subject of an ongoing 
investigation. Consequently, further investigation in this case would 
serve no purpose, and the petition investigation has been terminated.

    Signed at Washington, DC, this 5th day of November, 2004.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 04-26017 Filed 11-22-04; 8:45 am]
BILLING CODE 4510-30-P
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ex10_5.htm


    
      

    

    Exhibit
      10.5

     

     

    Atrion
      Corporation

    Incentive
      Compensation Plan for Chief Financial Officer

    for
      Calendar Years Beginning 2007

    


    
      
        

      

    

     

    This
      plan
      provides the opportunity for the Vice President and Chief Financial Officer
      (“CFO”) of Atrion Corporation (the “Company”) to receive incentive compensation
      based on the Company’s attainment of certain financial goals during each
      calendar year.  This plan supersedes and replaces the Atrion
      Corporation Incentive Corporation Plan for Chief Financial Officer for Calendar
      Years Beginning 2001, which has been terminated, and is effective for the
      calendar year 2007, and subsequent calendar years until it is modified or
      terminated.

     

    Financial
      Goals:

     

    The
      Company shall pay the CFO a cash bonus (the “Annual Bonus”) for each calendar
      year (with the first Annual Bonus hereunder to be paid in 2008 (within the
      period set forth below) for the year 2007) equal to the amount that is 2% of
      the
      Increase in Operating Income for such calendar year, but in no event will any
      Annual Bonus exceed 50% of the CFO’s base salary for such calendar
      year.  For purposes of this plan, “Increase in Operating Income” for a
      calendar year shall be equal to the excess, if any, of the Company’s operating
      income for such calendar year over the Company’s operating income for the
      previous calendar year.  The Compensation Committee of the Board shall
      have discretion to adjust the Increase in Operating Income calculated pursuant
      to the previous sentence to disregard one-time, non-recurring extraordinary
      items and shall make such equitable adjustments as are required to give effect
      to acquisitions, divestitures, or similar corporate transactions by or involving
      the Company.

     

    The
      Annual Bonus for each calendar year shall be payable as soon as practicable
      following the date on which the Annual Bonus can be determined, but in no event
      later than March 15 of the year following such calendar year.
### SUBCHAPTER IX—EMPLOYMENT SECURITY ADMINISTRATIVE FINANCING

#### **Editorial Notes**

#### Codification

1954—Act Aug. 5, 1954, ch. 657, §2, 68 Stat. 668, in amending subchapter generally substituted subchapter heading "EMPLOYMENT SECURITY ADMINISTRATIVE FINANCING" for "TAX ON EMPLOYMENT OF EIGHT OR MORE".

#### Prior Law; Tax on Employers of Eight or More

Former subchapter IX, sections 1101–1103, 1105–1110, act Aug. 14, 1935, ch. 531, title IX, §§901–903, 905–910, 49 Stat. 639–644, related to taxes on employers of eight or more. Section 4 of act Feb. 10, 1939, ch. 2, 53 Stat. 1, which act enacted Title 26, Internal Revenue Code of 1939, provided that all laws and parts of laws codified into the I.R.C. 1939, to the extent that they related exclusively to internal revenue laws, were repealed. Provisions of I.R.C. 1939 were generally repealed by section 7851 of Title 26, Internal Revenue Code of 1954 (act Aug. 16, 1954, ch. 736, 68A Stat. 3). See, also, section 7807 of said Title 26, I.R.C. 1954, respecting rules in effect upon enactment of I.R.C. 1954. The I.R.C. 1954 was redesignated I.R.C. 1986 by Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095. Said prior law sections were formerly and are now covered by certain sections in Title 26, I.R.C. 1939 and I.R.C. 1986, respectively, as follows:

| Former sections | I.R.C. 1939 | I.R.C. 1986 |
| --- | --- | --- |
| 1101 | 1600 | 3301. |
| 1102 | 1601(a) | 3302. |
| 1103 | 1603 | 3304. |
| 1105 | 1604, 1605, 1610 | 3501, 6011(a), 6065, 6071, 6081(a), 6091(b)(1), (2), 6106, 6152(a)(3), (b), 6161(a)(1), 6313, 6601(a), (f)(1). |
| 1106 | 1606 | 3305. |
| 1107 (as amended act June 25, 1938, ch. 680, §13(a), 52 Stat. 1110) | 1607 | 3306, 7701(a)(1). |
| 1108 | 1609 | 7805(a), (c). |
| 1109 | 1601(b), (c) | 3302. |
| 1110 | 1602 | 3303. |

sections

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

#### Repair of 1938 Hurricane Damage

Act Aug. 11, 1939, ch. 719, §1, 53 Stat. 1420, provided that no special security taxes should be collected for work done prior to Jan. 1, 1940, in cleaning up debris and damage caused by the 1938 hurricane.

#### Credits Against Social Security Tax

Act Aug. 10, 1939, ch. 666, title IX, §902(a)–(d), (h), 53 Stat. 1399, provided for a credit against the social security tax of certain contributions made with respect to employment during calendar years 1936, 1937, or 1938. Said act Aug. 10, 1939, was affected by act Sept. 20, 1941, ch. 412, title VII, §701(c), 55 Stat. 728.

Act May 28, 1938, ch. 289, §810, 52 Stat. 576, related to credits against Social Security Tax for 1936. It was affected by act Sept. 20, 1941, ch. 412, title VII, §701(c), 55 Stat. 728, relating to credit against Federal unemployment taxes.
#### Alois Vicherek, as President of the Czechoslovak Red Cross, an Unincorporated Association, Appellant, v. Jan Papanek et al., Respondents.

No opinion. Present — Glennon, J. P., Callahan, Van Voorhis and Shientag, JJ.
### Part A—International Space Station
### Part C—Research Security
#### August Peschmanns, Appellant, v. George B. Hayes, Respondent.

Order affirmed, with ten dollars costs and disbursements. No opinion. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ.
§ 2011.103 Entry into the United States. ( a ) *General.* Except as otherwise provided in §§ 2011.104, 2011.109, and 2011.110, no sugar that is the product of a foreign country may be permitted entry unless at the time of entry the person entering such sugar presents to the appropriate customs official a valid and properly executed certificate of quota eligibility for such sugar.
( b ) *Determinations of weight.* ( 1 ) For purposes of determining the amount of sugar which may be entered into the United States under a certificate of quota eligibility, sugar shall be entered on the basis of the actual weight of the sugar, as determined by the appropriate customs official. No adjustments in weight shall be made for the differences in polarization.
( 2 ) The actual weight of the sugar entered into the United States may not exceed the weight specified on the certificate of quota eligibility by more than five percent. Such tolerance may be modified by the Secretary if the Secretary finds that such modification is appropriate to carry out the provisions of this subpart. Notice of any such modification shall be published by the Secretary in the Federal Register.
( 3 ) This paragraph (b) shall not affect the manner in which the amount of sugar (raw value) entered is determined fo purposes of administering the quota.
[55 FR 40648, Oct. 4, 1990, as amended at 61 FR 26784, May 29, 1996]