alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Talco Capital Corporation, Appellant, v. United States Rubber Company, Respondent.

In this action to recover for extra work, labor, services and materials allegedly furnished, the appeal is from an order of the Supreme Court, Nassau County, entered May 26, 1965, which granted defendant’s motion to dismiss the complaint for failure to state a cause of action (pursuant to CPLR 3211, subd. [a], par. 7). Order affirmed, with $20 costs and disbursements. It is plaintiff’s contention that it has sufficiently shown the existence of a cause of action based on an implied contract or quasi contract. In our opinion, plaintiff has failed to show facts sufficient to constitute any cause of action against defendant (cf. *Miller*v. *Schloss,*218 N. Y. 400, 406-407; *Tibbetts Contr. Corp.*v. *O & E Contr. Co.,*15 N Y 2d 324, 334-335; *Nieman-Irving & Co.*v. *Lazenby,*263 N. Y. 91, 94; *Hanssel*v. *Tomasetti Contr. Corp.,*257 App. Div. 1031, revd. on other grounds 283 N. Y. 164). Christ, Acting P. J., Brennan, Rabin, Hopkins and Kleinfeld, JJ., concur.
EXHIBIT 32.2

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

     In  connection  with  the  IGENE  Biotechnology,  Inc.  (the
"Company")  Annual on Form 10-KSB for the period  ended  December
31, 2004, as filed with the Securities and Exchange Commission on
the  date  hereof (the "Report"), I, Edward J. Weisberger,  Chief
Financial  Officer of the Company, certify pursuant to 18  U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-
Oxley Act of 2002, that, to the best of my knowledge:

     (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 Company.


Date: October 06, 2005          By: /s/EDWARD J. WEISBERGER
                                    _____________________________
                                       EDWARD J. WEISBERGER
                                       Chief Financial Officer

A  signed original of this written statement required by  Section
906  has been provided to the Company and will be retained by the
Company  and furnished to the Securities and Exchange  Commission
or its staff upon request.
EXHIBIT 32.1

          CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER
               PURSUANT TO 18 U.S.C. SECTION 1350
         (SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002)


     In  connection with the Annual Report of Werner Enterprises,
Inc.  (the "Company") on Form 10-K for the period ending December
31,  2009  (the "Report"), filed with the Securities and Exchange
Commission,  I, Gregory L. Werner, President and Chief  Executive
Officer  of  the Company, certify, pursuant to 18 U.S.C.  Section
1350,  as  adopted pursuant to Section 906 of the  Sarbanes-Oxley
Act of 2002, that to the best of my knowledge:

     1.   The  Report  fully  complies  with  the requirements of
          section  13(a) or 15(d) of the  Securities Exchange Act
          of 1934; and

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



February 26, 2010                  /s/ Gregory L. Werner
-----------------                  -------------------------------------
                                   Gregory L. Werner
                                   President and Chief Executive Officer
Exhibit 31.1**Certification of Chief Executive Officer Pursuant to Section 302**I, Michael P. Sage, certify that:1. I have reviewed this quarterly report on Form 10-Q of Orchids Paper Products Company (the“Registrant”);2. Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by thisreport;3. Based on my knowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the Registrant as of, and for, the periods presented in this report;4. The Registrant’s other certifying officers and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the Registrant and have:(a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe Registrant, including its consolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is being prepared;(b) [reserved](c) Evaluated the effectiveness of the Registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on such evaluation; and(d) Disclosed in this report any change in the Registrant’s internal control over financialreporting that occurred during the Registrant’s most recent fiscal quarter (the Registrant’s fourthfiscal quarter in the case of an annual report) that has materially affected, or is reasonablylikely to materially affect, the Registrant’s internal control over financial reporting; and5. The Registrant’s other certifying officers and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the Registrant’s auditors and the auditcommittee 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 internalcontrol over financial reporting which are reasonably likely to adversely affect the Registrant’sability to record, process, summarize and report financial information; and(b) Any fraud, whether or not material, that involves management or other employees who have asignificant role in the Registrant’s internal control over financial reporting.        Date:  August 4, 2006 /s/ Michael P. Sage   Michael P. Sage   Chief Executive Officer and President
FIRST AMENDMENT TO



EXHIBIT 10.17(b)

FIRST AMENDMENT TO

CONTINENTAL AIRLINES, INC.

ANNUAL EXECUTIVE BONUS PROGRAM



WHEREAS, the Continental Airlines, Inc. Annual Executive Bonus Program (the "Program") has heretofore been adopted by the Human Resources Committee (the "Committee") of the Board of Directors of Continental Airlines, Inc. (the "Company") to implement in part the Performance Award provisions of the Continental Airlines, Inc. Incentive Plan 2000; and

WHEREAS, the Committee is authorized to amend the Program; and

WHEREAS, the Committee desires to amend the Program in certain respects;

NOW, THEREFORE, the Program shall be amended as follows, effective as of November 30, 2004:

1.The first paragraph of Section 5 of the Program shall be deleted and the following shall be substituted therefor:
"The Program will be administered by the Committee, which at all times will consist of not less than two persons, each of whom is an "outside director" within the meaning of section 162(m) of the Internal Revenue Code of 1986, as amended (the "Code"). The action of a majority of the members of the Committee will be the act of the Committee.  The Committee shall, promptly upon adoption of the Program in the case of the period from April 1, 2004 to December 31, 2004, and within 90 days after the beginning of the fiscal year in the case of each fiscal year of the Company beginning on or after January 1, 2005, establish in writing the Entry ROBIC Margin, the Target ROBIC Margin, the Stretch ROBIC Margin, the Target Incentive Percentage, the Stretch Incentive Percentage and the Cash Hurdle for such fiscal year for purposes of this Program."





2.As amended hereby, the Program is specifically ratified and reaffirmed.

IN WITNESS WHEREOF, the undersigned officer of the Company acting pursuant to authority granted to him by the Committee has executed this instrument on this 30th day of November 2004.
CONTINENTAL AIRLINES, INC.



 

By: /s/ Jeffery A. Smisek
Jeffery A. Smisek















1920049v1             Executive Vice President
###### Editorial Note on Part 1962

#### Editorial Note:

Nomenclature changes to part 1962 appear at 80 FR 9902, Feb. 24, 2015.

#### § 1962.7 Securing unpaid balances on unsecured loans.

The County Supervisor will take a lien on a borrower's chattel property in accordance with § 1962.6 of this subpart if it is necessary to rely on such property for the collection of the borrower's unsecured indebtedness, or if it will assist in accomplishing loan objectives.
**Exhibit      32.1.1**

**CERTIFICATION      PURSUANT TO**

**18      U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO**

**SECTION      906 OF THE SARBANES-OXLEY ACT OF 2002**

|  | (1) | The                Report fully complies with the requirements of section 13(a) or 15(d)                of                the Securities Exchange Act of 1934;                and |
|--|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

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

| Date: April 27, 2007                                                                                              |   |   |   |
|-------------------------------------------------------------------------------------------------------------------|--------|--------|--------|
|                                                                                                              |   |   |   |
| /s/ Michael L. Bowlin                                                                                             |   |   |        |
|                                                                                                                   |   |   |        |
| Michael L. BowlinChief Executive Officer of Bowlin Travel                      Centers,                      Inc. |   |   |   |
|                                                                                                              |   |   |   |

----
§ 1970.151 General. ( a ) The purpose of an EIS is to provide a full and fair discussion of significant environmental impacts and to inform the appropriate Agency decision maker and the public of reasonable alternatives to the applicant's proposal, the Agency's proposed action, and any measures that would avoid or minimize adverse impacts.
( b ) Agency actions for which an EIS is required include, but are not limited to: ( 1 ) Proposals for which an EA was initially prepared and that may result in significant impacts that cannot be mitigated;
( 2 ) Siting, construction (or expansion), and decommissioning of major treatment, storage, and disposal facilities for hazardous wastes as designated in 40 CFR part 261;
( 3 ) Proposals that change or convert the land use of an area greater than 640 contiguous acres;
( 4 ) New electric generating facilities, other than gas-fired prime movers (gas-fired turbines and gas engines) or renewable systems (solar, wind, geothermal), with a rating greater than 50 average MW, and all new associated electric transmission facilities;
( 5 ) New mining operations when the applicant has effective control (*i.e.,* applicant's dedicated mine or purchase of a substantial portion of the mining equipment); and
( 6 ) Agency proposals for legislation that may have a significant environmental impact.
( c ) Failure to achieve compliance with this part will postpone further consideration of the applicant's proposal until the Agency determines that such compliance has been achieved or the applicant withdraws the application. If compliance is not achieved, the Agency will deny the request for financial assistance.
Case 7:20-cv-00012-MCR-GRJ Document 118 Filed 10/01/21 Page 1 of 5
Case 7:20-cv-00012-MCR-GRJ Document 118 Filed 10/01/21 Page 2 of 5
Case 7:20-cv-00012-MCR-GRJ Document 118 Filed 10/01/21 Page 3 of 5
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Case 7:20-cv-00012-MCR-GRJ Document 118 Filed 10/01/21 Page 5 of 5
§ 2500.043 Program income. ( a ) *General.* OAO shall apply the standards set forth in this subpart in requiring awardee organizations to account for program income related to projects financed in whole or in part with Federal funds.
( b ) *Addition method.* Unless otherwise provided in the authorizing statute, in accordance with the terms and conditions of the award, program income earned during the project period shall be retained by the awardee and shall be added to funds committed to the project by OAO and the awardee and used to further eligible project or program objectives. Any specific program deviations will be identified in the individual subparts.
( c ) *Award terms and conditions.* Unless the program regulations identified in the individual subpart provide otherwise, awardees shall follow the terms and conditions of the OAO award. Such terms and conditions will be made a part of the OAO award agreement.
EX-10.1



 Exhibit 10.1 
 April 12, 2013 
 By Hand 
 Ms. Jenna Lyons 
 Dear Jenna: 

In recognition of your prior and continued service as President & Creative Director for J. Crew Group, Inc. and its operating
subsidiaries (collectively, the “Company”), we would like to award you with a special discretionary bonus pursuant to the terms and conditions set forth in this letter agreement (the “Agreement”). All capitalized
terms used and not defined herein shall have the meaning given to such terms in the employment agreement between you and the Company, dated July 15, 2010 (the “Employment Agreement”). 

1. Special Bonus. Subject to your active employment with the Company on the Payment Date (as defined below), the Company
agrees to pay you a discretionary cash bonus of one million five hundred thousand dollars ($1,500,000), less any applicable withholdings (the “Special Bonus”), which will be paid to you on April 17, 2013 (the “Payment
Date”); provided, that if your employment with the Company is terminated prior to the third anniversary of the Payment Date for any reason, other than by the Company without Cause or by you for Good Reason, you shall immediately
reimburse the Company for the full one million five hundred thousand dollar ($1,500,000) amount of the Special Bonus. In the event that you fail to reimburse fully the Company for the applicable amount described in the preceding sentence, in
addition to any other legal or equitable remedies available to the Company, the Company shall be entitled to offset, in accordance with (and to the extent permitted by) Section 409A of the Internal Revenue Code of 1986, as amended, the amounts
owed by you to the Company pursuant to this Agreement against any amounts otherwise payable by the Company to you. 
 2. Miscellaneous.

 (a) This Agreement constitutes the entire agreement between you and the Company with respect to the
Special Bonus, and supersedes and is in full substitution for any and all prior understandings or agreements, whether written or oral, with respect to the Special Bonus. 
 (b) All terms, conditions and restrictions of Sections 7(c), 7(d), 7(e), 7(g), (7h), 7(j) and 7(k) of the Employment Agreement are incorporated herein and made part hereof as if stated
herein. 
 (Signatures on following page) 







 If the terms of this Agreement meet with your approval, please sign and return one copy to
me. 
  

	
	Sincerely,
	
	 /s/ Millard S. Drexler

	Millard S. Drexler
	Chief Executive Officer


  

	
	AGREED TO AND ACCEPTED:
	
	 /s/ Jenna Lyons

	Jenna Lyons
	
	Date: 4-15, 2013


  
 2
###### Editorial Note on Part 246

#### Editorial Note:

Nomenclature changes to part 246 appear at 76 FR 35097, June 16, 2011.

#### § 246.1 General purpose and scope.

This part announces regulations under which the Secretary of Agriculture shall carry out the Special Supplemental Nutrition Program for Women, Infants and Children (WIC Program). Section 17 of the Child Nutrition Act of 1966, as amended, states in part that the Congress finds that substantial numbers of pregnant, postpartum and breastfeeding women, infants and young children from families with inadequate income are at special risk with respect to their physical and mental health by reason of inadequate nutrition or health care, or both. The purpose of the Program is to provide supplemental foods and nutrition education, including breastfeeding promotion and support, through payment of cash grants to State agencies which administer the Program through local agencies at no cost to eligible persons. The Program shall serve as an adjunct to good health care during critical times of growth and development, in order to prevent the occurrence of health problems, including drug and other harmful substance abuse, and to improve the health status of these persons. The program shall be supplementary to SNAP; any program under which foods are distributed to needy families in lieu of SNAP benefits; and receipt of food or meals from soup kitchens, or shelters, or other forms of emergency food assistance.

[50 FR 6121, Feb. 13, 1985, as amended at 54 FR 51294, Dec. 14, 1989; 58 FR 11506, Feb. 26, 1993; 76 FR 59888, Sept. 28, 2011]
#### The People of the State of New York, Respondent, v Lawrence Weeks, Appellant.

— Appeal by defendant from a judgment of the County Court, Suffolk County, rendered September 11, 1979, convicting him of grand larceny in the third degree, upon a jury verdict, and imposing sentence. Judgment affirmed. This case is remitted to the County Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (subd 5). The errors committed were harmless beyond a reasonable doubt in light pf the overwhelming proof of guilt (see *People v Crimmins,*36 NY2d 230). Lazer, J. P., Gulotta, Cohalan and Gibbons, JJ., concur.
###### Editorial Note on Part 1980

#### Editorial Note:

Nomenclature changes to part 1980 appear at 80 FR 9905, Feb. 24, 2015.

#### §§ 1980.1026-1980.1100 [Reserved]
July 29, 2013 

Mr. Dennis DeVany 

Montana Department of Transportation 

Aeronautics Division 

2630 Airport Road 

PO Box 200507 

Helena MT 59620-0507 

Chief, Essential Air Service Division, X-53 

Office of Aviation Analysis 

United States Department of Transportation 

1200 New Jersey Ave, SE 

Washington, DC 20590 

Subject: EAS Carrier Selection, DOT-OST-1997-2605 

Dear Mr. DeVany, 

Michael T. Tooley, Director 

Steve Bullock, Governor 

The Montana. Department of Transportation (MDT) is pleased to offer the following 

comments relative to the selection of an Essential Air Service (EAS) air carrier at 

Glasgow, Glendive, Havre, Sidney and.WolfPoint, Montana for a two-year period. 

Montana is encouraged to see competition in this market, thus fostering healthy 

promotion of services from all interested air carriers and ultimately resulting in better 

service to the communities. 

MDT supports the proposal from Cape Air Option A and the recommendation of the 

Montana Essential Air Service Task Force to select Cape Air for a two-year period. 

MDT is proud of our partnership with these north central Montana communities and the 

U.S Department of Transportation and appreciate the opportunity to comment on this 

important selection process. 

fi1etdu 

Mike Tooley r{!jDirector 

cc: John Rabenberg, Chairman, Essential Air Servicy Task Force 

·Debbie Alke, Administrator, MDT Aeronautjcs Division 

An Equal Opportunity Employer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
The following Summary Financial Data Schedule is incorporated by
reference to the Audited Financial Statements of the Registrant's
Form 10-KSB filed 4/3/98.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          33,171
<SECURITIES>                                         0
<RECEIVABLES>                                   60,500
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                95,221
<PP&E>                                           7,405
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 102,626
<CURRENT-LIABILITIES>                           24,731
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                       1,000
<TOTAL-LIABILITY-AND-EQUITY>                   102,626
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (698,704)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,156,928)
<EPS-PRIMARY>                                    (.55)
<EPS-DILUTED>                                        0
        

</TABLE>