alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### State Division of Human Rights, on the Complaint of Charles M. Cannon, Respondent, v General Motors Corporation, Fisher Body Division, Petitioner. —

Petition unanimously granted, without costs, order reversed and complaint dismissed. Memorandum: Complainant charged respondent, his employer, with unlawful discrimination in denying him equal terms, conditions and privileges of employment because of race and color. After a hearing the Commissioner of Human Rights issued an order which found that respondent discriminated against complainant because of race and color in violation of the Human Rights Law by permitting a racial slur. The Human Rights Appeal Board affirmed the decision and order of the commissioner. The issue presented is one that we have considered in the past; namely, whether the use of ethnic slurs and insults by a superior without the knowledge or acquiescence of the employer is an unlawful discriminatory practice in violation of the Human Rights Law. We find that it is not *(State Div. of Human Rights v Henderson,*49 AD2d 1026). The record supports the findings of the commissioner, as affirmed by the appeal board, that in an argument over work assignments between complainant and his supervisor, the supervisor used a racial slur against complainant; that respondent’s supervisor of labor relations conducted an investigation of the incident, in which he interviewed witnesses; and that the conclusion of the investigation was not to sustain the charge. The evidence does not, however, support the finding that respondent discriminated against complainant in terms, privileges or conditions of employment by permitting a racial slur. The conducting of the investigation evidences that respondent did not tacitly condone the incident. That the investigation resulted in a conclusion different from that of the commissioner does not allow a finding that respondent permitted the racial slur. An isolated insult of an employee by his supervisor is insufficient proof to find that the employer discriminated because of race and color, without further evidence the employer condoned or ratified the use of such language (see *Silver v KCA, Inc.,*586 F2d 138; *Friend v Leidinger,*446 F Supp 361, affd 588 F2d 61). (Proceeding pursuant to Executive Law, § 298.) Present— Cardamone, J. P., Simons, Hancock, Jr., Callahan and Moule, JJ.
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

UNITED STATES OF AMERICA,

v. CASE NO. 1:90-cr-01002-MP

GLENN COX,

Defendant.

___________________________/

O R D E R 

For the fourth time, the Defendant has filed a motion for disclosure of Grand Jury

transcripts pursuant to the Jencks Act. see Doc. 188, Motion for Production of Grand Jury

Transcripts, and Docs. 179, 180, and 183 (orders denying previous motions). For the reasons

given in the prior orders, the motion at doc. 188 is denied. 

DONE AND ORDERED this 3rd day of October, 2006

 s/Maurice M. Paul 

 Maurice M. Paul, Senior District Judge

Case 1:90-cr-01002-MW-GRJ Document 189 Filed 10/03/06 Page 1 of 1
Letter Amendment between GMCR, Inc. and Kathy Brooks



 Exhibit 10.4 
 LETTER AMENDMENT 
 December 29, 2008 
 Kathryn S. Brooks 
 Dear Ms. Brooks, 
 This letter agreement (the “Amendment”) supplements and amends the offer letter (the “Letter”), dated as of March 13, 2000, that you received from Green Mountain Coffee Roasters, Inc. (the
“Company”), to clarify its terms in conformity to the requirements of, or if applicable the requirements for exemption from, Section 409A of the Internal Revenue code of 1986, as amended. Except as modified by this Amendment, the
Letter shall remain in full force and effect. 
 By signing this Amendment, you agree and acknowledge that: 
  

	 	1.	The intent of the parities is to clarify the meaning of certain provisions of the Letter so that payments and benefits provided for in the Letter will comply with or be exempt from
Section 409A of the Internal Revenue Code of 1986, as amended, and the regulations and guidance promulgated thereunder (collectively “Section 409A”). The Letter shall be interpreted in a manner that is consistent with that intent. In
no event, however, shall the Company be liable for any tax, interest or penalty that my be imposed on you by Section 4069A. 

  

	 	2.	All reimbursements payable to you, or in-kind benefits, if any, provided to you by the Company shall be governed by the Green Mountain Coffee Roasters, Inc. 409A Reimbursement
Policy. 

  

	 	3.	Where the Letter provides for payments to you upon the termination of your employment, those provisions shall be subject to the following terms of construction and the following
Section 409A-related conditions: 

  

	 	3.1.	Any entitlement to severance (12 months of salary continuation) shall require an involuntary “separation from service” by the Company, subject to the exception for cause
contained in the Letter. For this purpose, separation from service means a “separation from service” (as that term is defined at Section 1.409A-1(h) of the Treasury Regulations under Section 409A) from the Company and from all
other trades or businesses that are treated as one employer with the Company under Section 409A’a separation from service rules. 

  

	 	3.2.	 If at the time of your separation from service you are a specified employee (as that term is defined in subsection (a)(2)(B)(i) of Section 409A), any and all
amounts payable in connection with such separation from service that constitute deferred compensation subject to Section 











	 	 
409A, as determined by the Company in its sole discretion, and that would (but for this sentence) be payable within six months following such separation from
service, shall instead by paid on the date that follows the date of such separation from service by six (6) months. 


  

	
	Sincerely,
	
	Green Mountain Coffee Roasters, Inc.
	
	 /s/ Frances Rathke

	A duly authorized signatory


  

	
	ACCEPTED AND AGREED:
	
	 /s/ Kathryn S. Brooks

	Kathryn S. Brooks
	
	Date: December 29, 2008

  

 2
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<ARTICLE>                               5
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<NAME>                         LASERGATE SYSTEMS, INC.
       
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<FISCAL-YEAR-END>              DEC-31-1996
<PERIOD-START>                 JAN-01-1996
<PERIOD-END>                   DEC-31-1996
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<SECURITIES>                            0
<RECEIVABLES>                   1,015,931
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<INVENTORY>                       254,901
<CURRENT-ASSETS>                3,089,623
<PP&E>                            579,457
<DEPRECIATION>                    275,433
<TOTAL-ASSETS>                  6,436,945
<CURRENT-LIABILITIES>           3,180,392
<BONDS>                                 0
<PREFERRED-MANDATORY>                   0
<PREFERRED>                           240
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<OTHER-SE>                      2,895,451
<TOTAL-LIABILITY-AND-EQUITY>    6,436,945
<SALES>                         4,024,626
<TOTAL-REVENUES>                4,024,626
<CGS>                           2,937,269
<TOTAL-COSTS>                   9,188,491
<OTHER-EXPENSES>                  (67,674)
<LOSS-PROVISION>                        0
<INTEREST-EXPENSE>                 53,577
<INCOME-PRETAX>                (4,997,962)
<INCOME-TAX>                            0
<INCOME-CONTINUING>            (4,997,962)
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<CHANGES>                               0
<NET-INCOME>                   (4,997,962)
<EPS-PRIMARY>                        (.82)
<EPS-DILUTED>                           0
        


</TABLE>
Exhibit 31.1

CERTIFICATIONS

I, Michael S. Kady, certify that:

1.

I have reviewed this annual report on Form 10-K of Quipp, Inc.; and

2.

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

|                        | 
|----------------------- | 
|/s/ MICHAELS. KADY      | 
|Michael S. Kady         | 
|Chief Executive Officer | 

Date:  April 30, 2007
Searched for **http://www.ssa.gov/pubs/10008.html**

 

19961997199819992000200120022003200420052006200720082009201020112012201320142015201620172018201920202021202220232024

*Note:* This calendar view maps the number of captures of **http://www.ssa.gov/pubs/10008.html**, *not* how many times the site was actually updated.

Look Up URL in general Internet Archive web collection.
#### § 4280.14 [Reserved]
Exhibit 24.1

                                POWER OF ATTORNEY

         KNOW ALL MEN BY THESE PRESENTS, that each person whose signature
appears on the signature page to this report constitutes and appoints Terrence
L. Bauer and Stephen H. Murdock, and each of them, his true and lawful
attorneys-in-fact and agents, with full power of substitution and
resubstitution, for him and in his name, place and stead, in any and all
capacities, to sign any and all amendments to this Report, and to file the same,
with all exhibits hereto, and other documents in connection herewith with the
Securities and Exchange Commission, granting unto said attorneys-in-fact and
agents and each of them, full power and authority to do and perform each and
every act and thing requisite and necessary to be done in and about the
premises, as fully to all intents and purposes as he might or could do in
person, hereby ratifying and confirming all that said attorneys-in-fact and
agents or any of them, or their or his substitutes, may lawfully do or cause to
be done by virtue hereof.

         In accordance with the Exchange Act, this report has been signed below
by the following persons on behalf of the registrant and in the capacities
indicated on May 14, 2007.



By:    /s/ Terrence L. Bauer                    By:    /s/ Michael J. Finn
     -------------------------------------------       -------------------------
        Terrence L.  Bauer                             Michael J.  Finn
        President, Chief Executive Officer and         Director
        Director (Principal Executive Officer)



By:    /s/ Paul H. Cascio                       By:    /s/ Joseph M. Valley, Jr.
     -------------------------------------------     ---------------------------
        Paul H. Cascio                                 Joseph M. Valley, Jr.
        Director                                       Director



By:    /s/ David Crane                          By:    /s/ Stephen H. Murdock
     -------------------------------------------       -------------------------
       David Crane                                     Stephen H. Murdock
       Director                                        Chief Financial Officer
                                                       (Principal Accounting
                                                       and Financial Officer)
**ASSIGNMENT OF MANAGEMENT AGREEMENT AND**

**SUBORDINATION OF MANAGEMENT FEES**

 

**THIS ASSIGNMENT OF MANAGEMENT AGREEMENT AND SUBORDINATION OF MANAGEMENT FEES**(“Assignment”) is made as of the ____ day of August, 2006, by EVEREST BAYBERRY, LP, a California limited partnership, having its principal place of business at c/o Everest Properties, 199 S. Los Robles Avenue, Suite 200, Pasadena, California 91101 Attn: W. Robert Kohorst (“Borrower”), to LEHMAN BROTHERS BANK, FSB, a federal stock savings bank, having an address at c/o Lehman Brothers, Inc., 1000 West Street, Wilmington, Delaware 19801 (“Lender”), and is acknowledged and consented to by WINBURY REALTY OF K.C., INC., a Missouri corporation having its principal place of business at 4520 Main Street, Suite 1000, Kansas City, Missouri 641 11 (“Agent”), for the benefit of Lender.

 

**RECITALS:**

 

A.        Borrower, by its promissory note of even date herewith given to Lender (the note together with all extensions, renewals, modifications, substitutions and amendments thereof shall collectively be referred to as the “Note”), is indebted to Lender in the principal sum of Three Million One Hundred Twenty-Five Thousand and 00/100 Dollars ($3,125,000.00) in lawful money of the United States of America, with interest from the date thereof at the rates set forth in the Note (the indebtedness evidenced by the Note, together with such interest accrued thereon, shall collectively be referred to as the “Loan”), principal and interest to be payable in accordance with the terms and conditions provided in the Note.

 

B.        The Loan is secured by, among other things, the Security Instrument (as defined in the Note), which grants Lender a first lien on the property encumbered thereby (the “Property”).

 

C.        Pursuant to a certain Management Agreement dated March 15, 2005, between Secured Investment Resources Fund, LP II, a Delaware limited partnership, and Agent assigned to Borrower pursuant to an Assignment of Management Agreement dated even date herewith (“Assignment”) (collectively the “Management Agreement”) (a true and correct copy of which Management Agreement and Assignment are attached hereto as Exhibit “A-1 and A-2” respectively), Borrower employed Agent exclusively to rent, lease, operate and manage the Property and Agent is entitled to certain management fees (the “Management Fees”) thereunder.

 

D.        Lender requires as a condition to the making of the Loan that Borrower assign the Management Agreement and subordinate its interest in the Management Fees in lien and payment to the Security Instrument as set forth below.

 

 

----
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   6-MOS
<FISCAL-YEAR-END>                          OCT-02-1999             OCT-02-1999
<PERIOD-START>                             JAN-03-1999             OCT-03-1998
<PERIOD-END>                               APR-03-1999             APR-03-1999
<CASH>                                           9,460                   9,460
<SECURITIES>                                     4,873                   4,873
<RECEIVABLES>                                    6,393                   6,393
<ALLOWANCES>                                       801                     801
<INVENTORY>                                      5,001                   5,001
<CURRENT-ASSETS>                                25,392                  25,392
<PP&E>                                          15,865                  15,865
<DEPRECIATION>                                 (10,557)                (10,557)
<TOTAL-ASSETS>                                  32,297                  32,297
<CURRENT-LIABILITIES>                           19,690                  19,690
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                            88                      88
<OTHER-SE>                                      12,408                  12,408
<TOTAL-LIABILITY-AND-EQUITY>                    32,297                  32,297
<SALES>                                          9,958                  17,571
<TOTAL-REVENUES>                                13,682                  25,026
<CGS>                                            2,471                   4,440
<TOTAL-COSTS>                                    3,419                   6,234
<OTHER-EXPENSES>                                10,083                  18,708
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                   0                       0
<INCOME-PRETAX>                                    313                     365
<INCOME-TAX>                                        55                      55
<INCOME-CONTINUING>                                258                     310
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                       258                     310
<EPS-PRIMARY>                                      .03                     .04
<EPS-DILUTED>                                      .03                     .04
        

</TABLE>
EXHIBIT 23

CONSENT AND OPINIONS OF INDEPENDENT AUDITORS


REPORT OF INDEPENDENT AUDITORS

The Stockholders and The Board of Directors of Edison Control Corporation

We have audited the balance sheet of Edison Control Corporation as of
December 31, 1995 and the related statements of operations, stockholders'
equity and cash flows for each of the two years in the period ended December
31, 1995.  These financial statements are the responsibility of the Company's
management.  Our responsibility is to express an opinion on these financial
statements based on our audits.

We conducted our audits in accordance with generally accepted auditing
standards.  Those standards require that we plan and perform the audit to
obtain reasonable assurance about whether the financial statments are free
of material mistatement.  An audit includes examining, on a test basis,
evidence supporting the amounts and disclosures in the financial statements.
An audit also includes assessing the accounting principles used and signficant
estimates made by management, as well as the overall financial statement
presentation.  We believe that our audits provide a reasonable basis for our
opinion.

In our opinion, the financial statements referred to above present fairly, in
all material respects, the financial position of Edison Control Corporation
at December 31, 1995, and the results of its operations and its cash flows for
each of the two years in the period ended December 31, 1995, in conformity
with generally accepted accounting principles.

As discussed in Note 1 to the financial statements, in 1994 the Company changed
its method of accounting for equity and debt securities.


MetroPark, New Jersey                        Ernst & Young LLP
February 14, 1996

<PAGE>

Consent of Independent Auditors

We consent to the incorporation by reference in the Registration Statement
(Form S-8), pertaining to the 1986 Stock Option Plan of Edison Control
Corporation of our report dated February 14, 1996, with respect to the 1995
and 1994 financial statements of Edison Control Corporation included in the
Annual Report (Form 10-K) for the year ended January 31, 1997 filed with the
Securities and Exchange Commission.

Ernst & Young LLP

Metro Park, New Jersey
April 28, 1997
<PAGE>

INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference on Form S-8 of Edison Control
Corporation 1986 Stock Option Plan of our report dated April 7, 1997, appearing
in the Annual Report on Form 10-K of Edison Control Corporation for the year
ended January 31, 1997 and the one-month transition period ended January 31,
1996.

/s/ Deloitte & Touche LLP
Deloitte & Touche LLP
Milwaukee, Wisconsin
April 25, 1997
#### In the Matter of City of New York, Respondent, Relative to Acquiring Title to Real Property Bounded by Smith Street and Other Streets in the Borough of Brooklyn. 7 Horizon Corp., Appellant.

In a condemnation proceeding, claimant 7 Horizon Corp. appeals, on the grounds of inadequacy, from so much of the first separate and partial final decree of the Supreme Court, Kings County, entered July 13, 1977, as awarded it the sum of $1,463,000 for the subject property. First separate and partial final decree affirmed insofar as appealed from, with costs. The decree, insofar as appealed from, was fully supported and justified by the evidence presented and by the applicable principle of valuation (see *Levin v State of New York,*13 NY2d 87; *Arlen of Nanuet v State of New York,*26 NY2d 346). Special Term properly rejected appellant’s claim of *de facto*condemnation (see *City of Buffalo v Clement Co.,*28 NY2d 241). Titone, J. P., Mangano, Rabin and Martuscello, JJ., concur.
Subpart 4.3 - Paper Documents    **Parent topic:** Part 4 - Administrative and Information Matters4.300 Scope of subpart.       This subpart provides policies and procedures on contractor-submitted paper documents.4.301 Definition.       *Printed or copied double-sided*, as used in this subpart, means printing or reproducing a document so that information is on both sides of a sheet of paper.4.302 Policy.       (a)                    						            Section 3(a) of E.O. 13423, Strengthening Federal Environmental, Energy, and Transportation Management, directs agencies to implement waste prevention. In addition, section 2(e) of E.O. 13514, Federal Leadership in Environmental, Energy, and Economic Performance, directs agencies to eliminate waste. Electronic commerce methods (see 4.502) and double-sided printing and copying are best practices for waste prevention.                                          (b)                    						            When electronic commerce methods (see 4.502) are not used, agencies shall require contractors to submit paper documents to the Government relating to an acquisition printed or copied double-sided on at least 30 percent postconsumer fiber paper whenever practicable. If the contractor cannot print or copy double-sided, it shall print or copy single-sided on at least 30 percent postconsumer fiber paper.4.303 Contract clause.       Insert the clause at 52.204-4, Printed or Copied Double-Sided on Recycled Paper, in solicitations and contracts that exceed the simplified acquisition threshold.
§ 4279.233 Interest rates. The Interest rate for the guaranteed loan will be negotiated between the Lender and the Borrower and may be either fixed or variable, or a combination thereof, as long as it is a legal rate. Interest rates will not be more than those rates the Lender customarily charges Borrowers for non-guaranteed loans in similar circumstances in the ordinary course of business and are subject to Agency review and approval. Lenders are encouraged to utilize the secondary market and pass Interest-rate savings on to the Borrower. ( a ) A variable Interest rate must be a rate that is tied to a published base rate. The variable Interest rate must be specified in the Promissory Note and may be adjusted at specified intervals during the term of the loan, but the adjustments may not be more often than once each Calendar Quarter. The Lender must incorporate, within the variable rate Promissory Note at loan closing, the provision for adjustment of payment installments. The Lender must properly amortize the outstanding principal balance within the prescribed loan maturity in order to eliminate the possibility of a balloon payment at the end of the loan.
( b ) Any change in the base rate or fixed Interest rate between issuance of the Conditional Commitment and the issuance of the Loan Note Guarantee must be approved by the Agency. Approval of such a change must be shown as an amendment to the Conditional Commitment and must be reflected on the Guaranteed Loan Closing Report.
( c ) It is permissible to have different Interest rates on the guaranteed and unguaranteed portions of the loan.