alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 1709.111 Limitations on use of grant funds. ( a ) *Planning and administrative costs.* Not more than 4 percent of each grant award may be used for the planning and administrative expenses of the applicant that are unrelated to the grant project.
( b ) *Unproven technology.* Only projects that utilize technology with a proven operating history, and for which there is an established industry for the design, installation, and service (including spare parts) of the equipment, are eligible for funding. Energy projects utilizing experimental, developmental, or prototype technologies or technology demonstrations are not eligible for grant funds. The determination by RUS that a project relies on unproven technology shall be final.
#### § 1730.61 RUS policy.

The Distributed Resource facility must not cause significant degradation of the safety, power quality, or reliability on the borrower's electric power system or other electric power systems interconnected to the borrower's electric power system. The Agency encourages borrowers to consider model policy templates developed by knowledgeable and expert institutions, such as, but not limited to the National Association of Regulatory Utility Commissioners, the Federal Energy Regulatory Commission and the National Rural Electric Cooperative Association. The Agency encourages all related electric borrowers to cooperate in the development of a common Distributed Resource policy.
§ 1744.55 Application procedures. ( a ) Requests for information regarding applications for lien accommodations or subordination under this part should be addressed to the Assistant Administrator, Telecommunications Program, Rural Utilities Service, Washington, DC 20250-1590.
( b ) An application for a lien accommodation or subordination shall include the following supporting information: ( 1 ) A board Resolution from the applicant requesting the lien accommodation or subordination and stating the general purpose for which the funds from the private lender will be used, the proposed amount of the loan, and the proposed terms and conditions of the loan;
( 2 ) An opinion from counsel representing the applicant that the applicant has the authority under its articles of incorporation, bylaws, and under applicable state law to undertake the project;
( 3 ) Engineering and pertinent studies related to the projects or purposes to be financed, when applicable;
( 4 ) Feasibility studies with pro forma financial statements showing the ability to repay the loan and provide an appropriate margin or net income;
( 5 ) Any other information or documentation deemed pertinent by the borrower or the Administrator in support of the application.
( c ) When the Administrator makes a determination that an application for an accommodation or subordination will not be approved the Administrator shall set forth the reasons therefor in writing and furnish such determination and reasons to the borrower within 30 days of the determination.
[51 FR 32430, Sept. 12, 1986. Redesignated at 55 FR 39396, Sept. 27, 1990, and further redesignated at 66 FR 41760, Aug. 9, 2001, as amended at 66 FR 41763, Aug. 9, 2001]
<PAGE>   1
 
                                                                    EXHIBIT 11.1
 
                 STATEMENT RE: COMPUTATION OF PER SHARE LOSSES
 
<TABLE>
<CAPTION>
                                                                     YEAR ENDED JUNE 30,
                                                               --------------------------------
                                                                 1996        1995        1994
                                                               --------     -------     -------
                                                                        (IN THOUSANDS)
<S>                                                            <C>          <C>         <C>
Weighted average common shares outstanding...................    20,752      20,389      19,526
Common and common equivalent shares from stock options.......        --         464       1,085
                                                                 ------       -----       -----
Shares used in per share calculation.........................    20,752      20,853      20,611
                                                                 ------       -----       -----
Net income (loss)............................................  $(59,981)    $ 9,008     $ 8,979
                                                                 ------       -----       -----
Net income (loss) per share..................................  $  (2.89)    $   .43     $   .44
                                                                 ------       -----       -----
</TABLE>
F OR P UB L I CAT I ON U N I TED STA TES C O U R T O F A PPEA LS F O R T H E N IN T H C IR C U IT DA V I D S CO T T DE T RI CH , P e titio n e r- A p p e llan t, v. C H A R L E S L . R Y A N , D i r e c t or of A r i z o na D e pa r t m e nto f C o r r e c t i o ns , R epon dent- A pp el l ee . N o. 08- 99001 D . C. N o . 4 : 0 3 - c v - 0 0 2 2 9 - D CB O R D ER

KOZ I NS KI , C hi ef

Judg e: U po n the vo t e of am aj ori ty of non re cuse d act i ve j ud ges, i ti s order ed that thi s c as e be r eheard en banc pu rs uantt o F eder alRul e of A pp el l at e P roce du re 35 (a ) and N i nth C i rc ui tRul e 35-3. T he three -j ud ge panel op i ni on shal l no tbe ci t ed as p r e c e d e n t b yo rto an yc o u rt o f th e N in th C ir c u it. Judg e H urw i tz di d n otpart i cipat e i n the del i berat i on s or vot e a s t o w hether the ca se shou l d b e t aken en banc. 

# FI LED OC T 03 2012 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS
# United States Court **of Appeals**  **f or the Fifth Circuit** 

**____________** No. 23

- 20538 Summary Calendar

**____________ Steven E. Greer,** 
Plaintiff

— Appellant **,**

versus
**The Lancet; Dan Erkes; Elsevier; RELX plc,**
Defendants

— Appellees

**.**

**______________________________** Appeal from the United States District Court for the Southern District of Texas USDC No. 4:23

- CV

- 3761

**______________________ ________**  Before **Smith ,**  **Higginson ,**  and **Engelhardt ,**  Circuit Judges

**. Per Curiam**  **:** ***** Steven Greer appeals from the district court’s dismissal with prejudice of his action against T he Lancet , Dan Erkes, Elsevier, and RELX PLC (“Defendants”)

. Greer filed his complaint on October 5, 2023. Fourteen days later

— before Defendants filed either an answer or a motion for summary judgment, see **Fed. R. Civ. P.** 41(a)(1)(A)(i)

— Greer filed a

**_____________________**

* This opinion is not designated for publication. See **5th Cir**

**. R** 

**.** 47.5. United States Court of Appeals Fifth Circuit 

### FILED February 16, 2024 Lyle W. Cayce Clerk Case: 23-20538 Document: 52-1 Page: 1 Date Filed: 02/16/2024No. 23

- 20538

2 notice of voluntary dismissal, “giv[ing] notice that the [] actio n is voluntarily dismissed without prejudice against the defendants.” The following day, the district court purported to dismiss the case

“ with prejudice as to all Defendants pursuant to Federal Rule of Civil Proced u re 41(a)( 1 )(A)(i) .” The court’s order provided no further reasoning. U nder Rule 41(a)( 1 )( B ) , however, “dismissal is without prejudice,” unless

“ the plaintiff previously dismissed any federal

- or state

- court action based on or including the same claim .” **Fed. R. Civ. P.** 41(a)(1)(B) (emphasis added) ; see Welsh v. Correct Care, L.L.C. , 915 F.3d 341, 342

- 44 (5th Cir. 2019)

. Accordingly, we **VACATE** and **REMAND** to the district court to explain whether Greer has previously dismissed any action based on th e same claim or, in the alternative, to **DISMISS WITHOUT PREJUDICE**  Greer’s action. 1

**_____________________**

1 Greer’s motion to supplement the record on appeal is **DENIE D**  **AS MOOT**

. Case: 23-20538 Document: 52-1 Page: 2 Date Filed: 02/16/2024
CERTIFICATION OF CHIEF EXECUTIVE OFFICER
PURSUANT TO RULES 13A-14 AND 15D-14
OF THE SECURITIES EXCHANGE ACT OF 1934



I, Ian Rice, Chief Executive Officer and Chairman of the Board of Directors of Intelligentias, Inc. (the Company), certify that:

(1)

I have reviewed this Quarterly Report on Form 10-QSB for the three and six months ended June 30, 2007 (the Report);



(2)

Based on my knowledge, the Report does not contain any untrue statement of a material fact or omit to state a material fact necessary in order 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; and



(3)

Based on my knowledge, the financial statements, and other financial information included in the Report, fairly present in all material respects the financial condition and results of operations of the Company as of, and for, the periods represented in the Report.



(4)

The Companys other certifying officers 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 Company 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 Company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which the Report is being prepared;



(b)

evaluated the effectiveness of the Company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 Companys internal control over financial reporting that occurred during the Companys most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the Companys internal control over financial reporting; and



(5)

The Companys other certifying officers and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the Companys auditors and to the audit committee of the board of directors (or persons fulfilling the equivalent function):



(i)

all significant deficiencies in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the Companys ability to record, process, summarize and report financial information; and



(ii)

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



Dated: 
August 20, 2007



By:

/s/ IAN RICE

Ian Rice

Chief Executive Officer and Chairman of the Board of Directors
#### RICHMOND, Respondent, v. BARTLETT et al., Appellants.

(Supreme Court, Appellate Division, Fourth Department.

May 23, 1906.)

Action by Rosalind Adelaide Richmond against Eugene M. Bartlett and another.

No opinion. Order affirmed, with $10 costs and disbursements.
DISMISS and Opinion Filed December 19, 2018 

# S

In The 

## Court of Appeals Fifth District of Texas at Dallas
No. 05-18-00628-CV IN THE INTEREST OF Z.M., A CHILD On Appeal from the 255th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-17-12155 

### MEMORANDUM OPINION Before Chief Justice Wright, J ustice Evans, and Justice Brown Opinion by Chief Justice Wright Appellant’s brief in this case is overdue. After appellant fai led to respond to our inquiry regarding the reporter’s record, we ordered the appeal submitte d without a reporter’s record and appellant’s brief to be filed by November 1, 2018. By postcard dated November 5, 2018, we notified appellant the time for filing her brief had expired. We directed appellant to file a brief and an extension motion within ten days. We cautioned appellan t that failure to file a brief and an extension motion would result in the dismissal of this appeal w ithout further notice. To date, appellant has not filed a brief nor otherwise corresponded with the Court regarding the status of this appeal.–2– Accordingly, we dismiss this appeal. T EX
. R. A PP
. P. 38.8(a)(1); 42.3(b), (c).

180628F.P05 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE–3– 

# S

Court of Appeals Fifth District of Texas at Dallas JUDGMENT
IN THE INTEREST OF Z.M., A CHILD
No. 05-18-00628-CV On Appeal from the 255th Judicial District Court, Dallas County, Texas Trial Court Cause No. DF-17-12155. Opinion delivered by Chief Justice Wright. Justices Evans and Brown participating. In accordance with this Court’s opinion of this date, this app eal is DISMISSED

. Judgment entered December 19, 2018
THE 

OF GOOD HEALTH 

Coloring Book 

's 

Written and illustrated by Sara Luckhaupt, B.A. 

Student at Ohio State University, 

College of Medicine and Public Health 

as part of the SEARCH program of the 

Ohio Department of Health 

and the National Health Service Corps 

With the help of 

Alvin Jackson, M.D. 

Manjali Shastry, M.D. 

Michele Guoin, B.S.W. 

and other staff of 

Community Health Services 

Joseph Liszak, C.E.O. 

410 Birchard Ave. 

Freemont, Ohio 43420 

July 1999 

Preparation for publication by: 

Patrick J. Harsch, Ph.D. 

SEARCH Coordinator 

Ohio Department of Health 

246 North High Street 

Columbus, Ohio 43215-2412 
1

A is for APPLE. 

To keep yourself healthy, eat lots of 

apples and other good stuff. 
2 

B is for BRUSHING YOUR TEETH. 

Brush two times each day to keep your 

teeth healthy, right down to the roots. 
3

C is for CLEAN WATER. 

Use it for bathing, and drink some each 

day. 
4 

D is for DOCTORS AND DENTISTS. 

They want you to get better, so do what 

they say. 
5

E is for EXERCISE. 

Run, ride a bike, or play sports if strong 

muscles are your goal. 
6 

F is for FIRE SAFETY. 

If your clothes catch on fire: stop, drop, 

and roll. 
7

G is for GROW. 

Eat fruits and vegetables, meats, breads, 

and cheeses, because G is for GROW. 
8 

H is for HELMET. 

When you get on your bike, put on a 

helmet before you can go. 
9

I is for IMMUNIZATIONS. 

They’re the shots the nurse gives you so 

you won’t get sick. 
10

J is for JUICE. 

Instead of drinking pop, juice is a good 

drink to pick. 
11

K is for KITCHEN SAFETY. 

Be very careful around hot stoves and 

sharp knives. 
12

L is for LIFE JACKETS. 

Near rivers and lakes, they save lots of 

lives. 
13

M is for MILK. 

Drink lots of milk for strong bones and 

teeth. 
14

N is for NEVER TALK TO 

STRANGERS. 

Never get into a car with a stranger or eat 

his candy. 
15

O is for OBEY TRAFFIC LAWS. 

Cross the street at the corner with the 

“Walk” light. 
16

P is for PETS. 

Your pets may be friendly, but strange 

ones might bite. 
17

Q is for QUICKLY. 

If there is an emergency, quickly call 

9-1-1. 
18

R is for READING. 

It’s good for your brain, and also quite 

fun. 
19

S is for SEATBELTS. 

Always buckle your seatbelt to stay safe 

in the car. 
20

T is for TOBACCO. 

Smoking is bad for your lungs because 

cigarettes have tar. 
21

U is for USE SUNSCREEN. 

To keep your skin safe from the sun, 

always put on sunscreen. 
22

V is for VEGETABLES. 

To get iron for your blood, eat lots that 

are green. 
23

W is for WASH YOUR HANDS. 

Wash your hands before you eat and 

after using the potty. 
24

X is for NO DRUGS or ALCOHOL. 

They are bad for your body. 
25

Y is for YOU! 

Form health habits and you will be all 

right. 
26

“Zzzz” is for SLEEP. 

Try to get eight hours of sleep every 

night.
EXHIBIT (10)(W)



Non-Employee Director Compensation



|                                                          |                        
|--------------------------------------------------------- | -----------------------
|Type of Compensation                                      | Amount                 
|Annual Retainer                                           | $35,000                
|Additional Monthly Retainer for Non-Employee Chairman (1) | $  8,333               
|Board Attendance Fee per Meeting                          | $  2,000               
|Committee Attendance Fee per Meeting (2)                  | $1,000/$2,000          
|Annual Retainer for Committee Chair (2)                   | $8,000/$12,000/ $16,000
|Deferred Stock Units (3)                                  | $50,000                
|Other Compensation                                        | (4)                    



______________



(1)

Effective April 1, 2010, the additional monthly retainer for the non-executive Chairman will be decreased to $6,250.



(2)

The chair of the Audit Committee and the chair of the Compensation and Personnel Development Committee receive an annual retainer of $16,000 and $12,000, respectively; the chairs of the other committees receive an annual retainer of $8,000. The Committee meeting fees for the Audit Committee are $2,000 per meeting and for all other Committees are $1,000 per meeting.



(3)

Each non-employee director continuing to serve on the Board of Directors of the Registrant after each annual meeting of stockholders receives an automatic grant of Deferred Stock Units under the Directors Deferred Stock Unit Plan equal to a value of $50,000 on the date of grant.  A Deferred Stock Unit is the right to receive, without payment to the Company, one share of common stock of the Company.  The Deferred Stock Units have a dividend equivalent feature, which provides for payment of cash dividends when and if cash dividends are paid on the outstanding common stock.



(4)

Directors are reimbursed for out-of-pocket expenses.  A non-employee director who serves on both the Harleysville Group and Harleysville Mutual boards receives only one retainer and, if the boards or the same committees of Harleysville Group and Harleysville Mutual meet on the same day, the non-employee director receives only one attendance fee.  In either situation, the retainer or attendance fee is allocated equally to Harleysville Group and Harleysville Mutual.
§ 1493.90 Special requirements of the Foreign Financial Institution Letter of Credit and the Terms and Conditions Document, if applicable. ( a ) *Permitted mechanisms to document special requirements.* ( 1 ) A Foreign Financial Institution Letter of Credit is required in connection with the export sale to which CCC's Payment Guarantee pertains. ( i ) The Letter of Credit must stipulate presentation of at least one original clean on board bill of lading as a required document, unless: ( A ) The Exporter, or a related company previously reported to CCC by the Exporter pursuant to § 1493.30(a)(5), is named as the shipper on the clean on board bill of lading. If the Exporter or a related company is named the shipper on the bill of lading, the Letter of Credit may stipulate a copy or photocopy of an original clean on board bill of lading; or
( B ) The Letter of Credit stipulates presentation of electronic documents per paragraph (a)(1)(ii) of this section.
( ii ) If the Letter of Credit will allow for presentation of electronic documents, the Letter of Credit must so stipulate.
( 2 ) The use of a Terms and Conditions Document is optional. The Terms and Conditions Document, if any, must be specifically identified and referred to in the Foreign Financial Institution Letter of Credit.
( 3 ) The special requirements in paragraph (b) of this section must be documented in one of the two following ways: ( i ) The special requirements may be set forth in the Foreign Financial Institution Letter of Credit as a special instruction from the Foreign Financial Institution; or
( ii ) The special requirements may be set forth in a separate Terms and Conditions Document.
( b ) *Special requirements.* The following provisions are required and must be documented in accordance with paragraph (a) of this section: ( 1 ) The terms of the Repayment Obligation, including a specific promise by the Foreign Financial Institution issuing the Letter of Credit to pay the Repayment Obligation;
( 2 ) The following language: “In the event that the Commodity Credit Corporation (“CCC”) is subrogated to the position of the obligee hereunder, this instrument shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of laws principles. In such case, any legal action or proceeding arising under this instrument will be brought exclusively in the U.S. District Court for the Southern District of New York or the U.S. District Court for the District of Columbia, as determined by CCC, and such parties hereby irrevocably consent to the personal jurisdiction and venue therein.”;
( 3 ) A provision permitting the Holder of the Payment Guarantee to declare all or any part of the Repayment Obligation, including accrued interest, immediately due and payable, in the event a payment default occurs under the Letter of Credit or, if applicable, the Terms and Conditions Document; and
( 4 ) Post Default Interest terms.
IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, Respondent

v. ALLEN THOMPKINS, Petitioner : : : : : : : : : : : No. 145 EAL 2014 Petition for Allowance of Appeal from the Order of the Superior Court

ORDER PER CURIAM AND NOW , this 30th day of July, 2014, the Petition for Allow ance of Appeal is DENIED
.
#### Catherine V. Malarkey, Appellant, v Eleanor J. Piel et al., Respondents.

[776 NYS2d 845]

In an action to recover damages for legal malpractice and breach of contract, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Murphy, J.), entered February 11, 2003, which, upon an order of the same court entered January 13, 2003, granting the defendants’ motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly dismissed the plaintiffs cause of action to recover damages for legal malpractice based upon documentary evidence that conclusively established a defense to the action (see CPLR 3211 [a] [1]; *Leon v Martinez,*84 NY2d 83 [1994]). The defendants submitted settlement agreements signed by the plaintiff, the transcript of court proceedings regarding the terms of the settlement, and the retainer agreement, all of which contradicted the claim of malpractice *(see Laruccia v Forchelli, Curto, Schwartz, Mineo, Carlino & Cohn,*295 AD2d 321 [2002]; *Schwarz v Shapiro,*202 AD2d 187 [1994]).

The Supreme Court also properly dismissed the plaintiffs cause of action to recover damages for breach of contract, as that cause of action was merely a redundant pleading of the malpractice claim (see *Keselman v Kingsboro Med. Group,*156 AD2d 334 [1989]). Smith, J.P., H. Miller, S. Miller and Luciano, JJ., concur.
Exhibit 32.1
 Certification of Chief Executive Officer
 Pursuant to
 Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350)
 March 31, 2009 Patriot Capital Funding, Inc. Richard P. Buckanavage,
 (1)
    
    The Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934, as amended; and(2)
    
    The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations
of the Registrant.
 /s/ Richard P. BuckanavageName: Richard P. Buckanavage
Date: May 11, 2009 44