alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 09-30854

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

MICHAEL VESPA,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 6:09-CR-6-1

Before DENNIS, CLEMENT, and ELROD, Circuit Judges.

PER CURIAM:

*

The attorney appointed to represent Michael Vespa has moved for leave

to withdraw and has filed a brief in accordance with Anders v. California, 386

U.S. 738 (1967). Vespa has not filed a response. Our independent review of the

record and counsel’s brief discloses no nonfrivolous issue for appeal.

Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is

excused from further responsibilities herein, and the APPEAL IS DISMISSED.

See 5TH CIR. R. 42.2.

United States Court of Appeals

Fifth Circuit

F I L E D

August 12, 2010

Lyle W. Cayce

Clerk

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not *

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

Case: 09-30854 Document: 00511202389 Page: 1 Date Filed: 08/12/2010
**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 Annual Report on Form 10-K for the year ended June 30, 2008 (the “Report”) of MSB Financial Corp. (the “Corporation”) as filed with the Securities and Exchange Commission on the date hereof, we, Gary T. Jolliffe, President and Chief Executive Officer, and Jeffrey E. Smith, Chief Financial Officer, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 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 results of operations of the Corporation.

 

|  

 

/s/ Gary T. Jolliffe |   |  

 

/s/ Jeffrey E. Smith |
|--------------------------------------|--------|--------------------------------------|
| Gary T. Jolliffe                     |   | Jeffrey E. Smith                     |
| President and CEO                    |   | Vice President and CFO               |
|                                 |   |                                 |
| September 29, 2008                   |   | September 29, 2008                   |
#### § 56.26 Authority of applicant.

Proof of the authority of any person applying for any grading service may be required at the discretion of the Administrator.

[20 FR 671, Feb. 1, 1955. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981]
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2525 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 2525

            To reduce temporarily the duty on Foramsulfuron.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 5, 2006

  Mr. Talent introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
            To reduce temporarily the duty on Foramsulfuron.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FORAMSULFURON.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``      9902.10.37      Foramsulfuron       2.6%         No change        No change        On or before 12/  ''.
                         (Benzamide, 2-                                                     31/2009
                         (((((4,6-
                         dimethoxy-2-
                         pyrimidinyl)amino
                         )
                         carbonyl)amino)su
                         lfonyl)-4-
                         (formylamino)-
                         N,N-dimethyl-,)
                         (CAS No. 173159-
                         57-4), in bulk or
                         put up in forms
                         or packaging for
                         retail sale
                         (provided for in
                         subheading
                         2935.00.75 or
                         3808.30.15)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of the enactment 
of this Act.
                                 <all>
```
Exhibit 10.1





Exhibit 10.1




AMENDMENT TO LEASE




THIS AMENDMENT TO LEASE (this “Amendment”) is made and entered into effective as of April 28,
2009 (the “Effective Date”), by and between SUMO HOLDINGS SAN JOSE, LLC, a California limited
liability company (“Lessor”) and AMERICAN REPROGRAPHICS COMPANY, L.L.C., a California limited
liability company (“Lessee”).



RECITALS





	A.	 	On or about February 1, 1999, Lessor and Lessee entered into a Lease Agreement relating to
that certain real property commonly known as 835 West Julian Street, San Jose, California
95126 (the “Lease”).






	B.	 	The Lessor and Lessee desire to amend the Lease, effective as of the Effective Date, in order
to extend the term of the Lease on the terms set forth herein.





AGREEMENT




NOW, THEREFORE, in consideration of the promises and of the covenants set forth below, the
parties hereto agree as follows:




	1.	 	As of the Effective Date, Paragraph 1.3 of the Lease is amended to read as follows:






1.3 Term: 5 years and 0 months (“Extended Term”) commencing February 1, 2009 and ending
January 31, 2014 (“Extended Expiration Date”).




	2.	 	All other terms and conditions of the Lease shall remain in full force and effect except as
expressly modified by this Amendment.






	3.	 	Counterparts. This Amendment may be executed in one or more counterparts, each of which shall
be deemed an original but all of which together will constitute one and the same instrument.





[Signature page follows]




 


 









 







IN WITNESS WHEREOF, the parties, having read and considered the above provisions, indicate
their agreement by their authorized signatures below:



	 	 	 	 	 	 	 	 	 	 	 
	LESSOR:	 	 	 	LESSEE:	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	SUMO HOLDINGS SAN JOSE, LLC, a	 	 	 	AMERICAN REPROGRAPHICS
COMPANY, L.L.C., a	 	 
	California limited liability company	 	 	 	California limited liability company
	 
	 	 	 	 	 	 	 	 	 	 
	By:

	 	/s/ Kumarakulasingam Suriyakumar
 

Name: Kumarakulasingam Suriyakumar
	 	 	 	By:
	 	/s/ Jonathan R. Mather
 

Name: Jonathan R. Mather
	 	 
	 

	 	Its: Managing Director
	 	 	 	 	 	Its: Chief Financial Officer
#### § 621.20 Description.

Floodplain management studies provide needed information and assistance to local and State entities so that they can implement programs for reducing existing and future flood damages in rural and urban communities. Assistance is targeted to communities where flood damage is a serious concern and local governments are sincerely interested in taking action to reduce damage.
Exhibit
4(e)

 

U.S.REALTY PARTNERS LIMITED
PARTNERSHIP

AMENDMENT TO
THE

AMENDED AND RESTATED
LIMITED PARTNERSHIP AGREEMENT

This
AMENDMENT (this "Amendment") dated as of April 12, 2005, to the
AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT (the "Partnership Agreement")
of U.S. REALTY PARTNERS LIMITED PARTNERSHIP, a Delaware limited partnership (the
"Partnership"), is entered into by the undersigned.

WITNESSETH:

WHEREAS, pursuant to Section 17.1(a)
of the Partnership Agreement, Limited Partners

who own more than 50% of
the Units which actually voted have consented in writing to this Amendment to
the Partnership Agreement; and

WHEREAS, pursuant to the Partnership
Agreement the General Partner may execute this Amendment to the Partnership
Agreement on behalf of the Partnership and the Limited Partners;

NOW, THEREFORE,
the
parties agree as follows:

1.                 
Article
5 of the Partnership Agreement is hereby amended to read in its entirety
asfollows:

"The Partnership shall have
a term commencing on January 24, 1986, and continuing until December 31, 2021,
unless the Partnership is sooner terminated as herein provided or as provided by
law."

2.                 
Except
as amended and modified by this Amendment, all other terms of the Partnership
Agreement shall remain unchanged.

3.                 
 This Amendment shall
be governed by and construed as to validity, enforcement, interpretations,
construction, effect and in all other respects by the internal laws of the State
of Delaware.

4.                 
All
capitalized terms used herein but not otherwise defined herein shall have the
meanings ascribed to them in the Partnership
Agreement,




IN
WITNESS WHEREOF, the parties have caused this Amendment to be duly
executed and their respective signatures to be hereunto affixed and attested,
all as of the day and year first above written.

Corporate General
Partner


U. S. Realty I
Corporation

 

By:  /s/Steven D.
Cordes

Name: Steven D.
Cordes
Title: Senior Vice President

 

Individual General
Partner

AIMCO Properties,
L.P.

By: AIMCO-GP, Inc., its
General Partner

By:  /s/Steven D.
Cordes
Name: Steven D. Cordes
Title: Senior Vice President

Limited
Partners

By:  U.S. Realty I
Corporation, as attorney-in fact pursuant to the power of attorney provided in
Article 16 of the Partnership Agreement.

By:  /s/Steven D.
Cordes
Name: Steven D.
Cordes
Title:  Senior
Vice President
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2907 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 2907

  To extend temporarily the suspension of duty on asulam sodium salt.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 19, 2006

   Mr. Burr introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
  To extend temporarily the suspension of duty on asulam sodium salt.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ASULAM SODIUM SALT.

    (a) In General.--Heading 9902.02.87 of the Harmonized Tariff 
Schedule of the United States (relating to asulam sodium salt) is 
amended by striking ``12/31/2006'' and inserting ``12/31/2009''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of enactment of this Act.
                                 <all>
```
11.103 Market acceptance.

(a) 41 U.S.C.3307(e) provides that, in accordance with agency procedures, the head of an agency

may, under appropriate circumstances, require offerors to demonstrate that the items offered-

(1) Have either-

(i) Achieved commercial market acceptance; or

(ii) Been satisfactorily supplied to an agency under current or recent contracts for the same or

similar requirements; and

(2) Otherwise meet the item description, specifications, or other criteria prescribed in the public

notice and solicitation.

(b) Appropriate circumstances may, for example, include situations where the agency’s minimum

need is for an item that has a demonstrated reliability, performance or product support record in a

specified environment. Use of market acceptance is inappropriate when new or evolving items may

meet the agency’s needs.

(c) In developing criteria for demonstrating that an item has achieved commercial market

acceptance, the contracting officer shall ensure the criteria in the solicitation-

(1) Reflect the minimum need of the agency and are reasonably related to the demonstration of an

item’s acceptability to meet the agency’s minimum need;

(2) Relate to an item’s performance and intended use, not an offeror’s capability;

(3) Are supported by market research;

(4) Include consideration of items supplied satisfactorily under recent or current Government

contracts, for the same or similar items; and

(5) Consider the entire relevant commercial market, including small business concerns.

(d) Commercial market acceptance shall not be used as a sole criterion to evaluate whether an item

meets the Government’s requirements.

(e) When commercial market acceptance is used, the contracting officer shall document the file to-

(1) Describe the circumstances justifying the use of commercial market acceptance criteria; and

(2) Support the specific criteria being used.

Parent topic: Subpart 11.1 - Selecting and Developing Requirements Documents
§ 760.817 Quality losses for 2005, 2006, and 2007 crops. ( a ) Subject to other provisions of this part, assistance will be made available to participants determined eligible under this section for crop quality losses of 25 percent or greater of the value that all affected production of the crop would have had if the crop had not suffered a quality loss.
( b ) The amount of payment for a quality loss will be equal to 65 percent of the quantity of the crop affected by the quality loss, not to exceed expected production based on harvested acres, multiplied by 42 percent of the per unit average market value based on percentage of quality loss for the crop as determined by the Deputy Administrator.
( c ) This section applies to all crops eligible for 2005, 2006, and 2007 crop disaster assistance under this part, with the exceptions of value loss crops, honey, and maple sap, and applies to crop production that has a reduced economic value due to the reduction in quality.
( d ) Participants may not be compensated under this section to the extent that such participants have received assistance under other provisions of this part, attributable in whole or in part to diminished quality.
EX-10.11






Exhibit 10.11




ASSUMPTION OF LEASE




     Reference is made to the Lease between Triumph 1450 LLC (the “Lessor”) and Replidyne, Inc.
(“Replidyne”), dated as of October 25, 2005, as amended August 25, 2006 (the “Lease”). In
connection with the business combination transaction contemplated by that certain Agreement and
Plan of Merger and Reorganization by and among Replidyne, Responder Merger Sub, Inc. and
Cardiovascular Systems, Inc., a Minnesota corporation, dated as of November 3, 2008, and effective
as of February 25, 2009, Cardiovascular Systems, Inc., a Delaware corporation (the “Company”),
hereby assumes all of Replidyne’s obligations under the Lease and agrees to perform all of the
covenants and conditions of the Lease required of Replidyne as set forth therein. This Assumption
of Lease is being provided to Lessor pursuant to the terms of Section 12.2(a) of the Lease.



	 	 	 	 	 
	 	COMPANY:

CARDIOVASCULAR SYSTEMS, INC.

 	 
	Dated: 3/19/09 	By:  	/s/ James E. Flaherty
 	 
	 	 	Name:  	James E. Flaherty 	 
	 	 	Its:  Chief Administrative Officer 	 
	 




     The undersigned Lessor hereby acknowledges the foregoing Assumption of Lease.



	 	 	 	 	 
	 	LESSOR:

SHMAEL 9450 INVESTORS LLC

 	 
	Dated: 3/23/09 	By:  	/s/ Jay D. Matthes
 	 
	 	 	Name:  	Jay D. Matthes 	 
	 	 	Its:  Authorized Signatory
Case 3:06-cv-00622-WKW-SRW Document 14 Filed 08/31/2006 Page 1 of 1
#### Thomas H. Bowles, an Infant, by Guardian, etc., Respondent, *v.*Frederick Habermann, Appellant.

(Argued April 16, 1884 ;

decided April 29, 1884.)

*George R. Fletoher*for appellant.

*Homer A. Nelson*for respondent.

Agree to affirm; no opinion.

All concur.

Judgment affirmed.
v148109_ex10-1 -- Converted by SECPublisher 2.1.1.8, created by BCL Technologies Inc., for SEC Filing


     

    
      Exhibit
10.1
# 52.246-10 [Reserved]

**Parent topic:**52.246 [Reserved]
§ 59.103 Mandatory weekly reporting for steers and heifers. ( a ) *In general.* The corporate officers or officially designated representatives of each steer and heifer packer processing plant shall report to the Secretary on the first reporting day of each week, not later than 9 a.m. central time, the following information applicable to the prior slaughter week, categorized to clearly delineate domestic from imported market purchases: ( 1 ) The quantity of cattle purchased through a negotiated basis that were slaughtered;
( 2 ) The quantity of cattle purchased through a negotiated grid basis that were slaughtered;
( 3 ) The quantity of cattle purchased through forward contracts that were slaughtered;
( 4 ) The quantity of cattle delivered under a formula marketing arrangement that were slaughtered;
( 5 ) The quantity and carcass characteristics of packer-owned cattle that were slaughtered;
( 6 ) The quantity, basis level, basis level month, and delivery month and year for all cattle purchased through forward contracts;
( 7 ) The range and average of intended premiums and discounts (including those associated with weight, quality grade, yield grade, or type of cattle) that are expected to be in effect for the current slaughter week.
( b ) *Publication.* The Secretary shall make available to the public the information obtained under paragraph (a) of this section on the first reporting day of the current slaughter week by 10 a.m. central time.
Case 3:21-cv-00072-LC-HTC Document 1 Filed 01/06/21 Page 1 of 22
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Case 3:21-cv-00072-LC-HTC Document 1 Filed 01/06/21 Page 6 of 22
Case 3:21-cv-00072-LC-HTC Document 1 Filed 01/06/21 Page 7 of 22
Case 3:21-cv-00072-LC-HTC Document 1 Filed 01/06/21 Page 8 of 22
Case 3:21-cv-00072-LC-HTC Document 1 Filed 01/06/21 Page 9 of 22
Case 3:21-cv-00072-LC-HTC Document 1 Filed 01/06/21 Page 10 of 22
Case 3:21-cv-00072-LC-HTC Document 1 Filed 01/06/21 Page 11 of 22
Case 3:21-cv-00072-LC-HTC Document 1 Filed 01/06/21 Page 12 of 22
Case 3:21-cv-00072-LC-HTC Document 1 Filed 01/06/21 Page 13 of 22
Case 3:21-cv-00072-LC-HTC Document 1 Filed 01/06/21 Page 14 of 22
Case 3:21-cv-00072-LC-HTC Document 1 Filed 01/06/21 Page 15 of 22
Case 3:21-cv-00072-LC-HTC Document 1 Filed 01/06/21 Page 16 of 22
Case 3:21-cv-00072-LC-HTC Document 1 Filed 01/06/21 Page 17 of 22
Case 3:21-cv-00072-LC-HTC Document 1 Filed 01/06/21 Page 18 of 22
Case 3:21-cv-00072-LC-HTC Document 1 Filed 01/06/21 Page 19 of 22
Case 3:21-cv-00072-LC-HTC Document 1 Filed 01/06/21 Page 20 of 22
Case 3:21-cv-00072-LC-HTC Document 1 Filed 01/06/21 Page 21 of 22
Case 3:21-cv-00072-LC-HTC Document 1 Filed 01/06/21 Page 22 of 22
§ 718.9 Signature requirements. ( a ) When a program authorized by this chapter or chapter XIV of this title requires the signature of a producer, landowner, landlord, or tenant, then a spouse may sign all such FSA or CCC documents on behalf of the other spouse, except as otherwise specified in this section, unless such other spouse has provided written notification to FSA and CCC that such action is not authorized. The notification must be provided to FSA for each farm.
( b ) A spouse may not sign a document on behalf of the other spouse with respect to: ( 1 ) Program document required to be executed in accordance with part 3 of this title;
( 2 ) Easements entered into under part 1410 of this title;
( 3 ) Power of attorney;
( 4 ) Such other program documents as determined by FSA or CCC.
( c ) An individual; duly authorized officer of a corporation; duly authorized partner of a partnership; executor or administrator of an estate; trustee of a trust; guardian; or conservator may delegate to another the authority to act on their behalf with respect to FSA and CCC programs administered by USDA service center agencies by execution of a Power of Attorney, or such other form as approved by the Deputy Administrator. FSA and CCC may, at their discretion, allow the delegations of authority by other individuals through use of the Power of Attorney or such other form as approved by the Deputy Administrator.
( d ) Notwithstanding another provision of this regulation or any other FSA or CCC regulation in this title, a parent may execute documents on behalf of a minor child unless prohibited by a statute or court order.
( e ) Notwithstanding any other provision in this title, an authorized agent of the Bureau of Indian Affairs (BIA) of the United States Department of Interior may sign as agent for landowners with properties affiliated with or under the management or trust of the BIA. For collection purposes, such payments will be considered as being made to the persons who are the beneficiaries of the payment or may, alternatively, be considered as an obligation of all persons on the farm in general. In the event of a need for a refund or other claim may be collected, among other means, by other monies due such persons or the farm.
( f ) Documents that were previously acted on and approved by the FSA county office or county committee will not subsequently be determined inadequate or invalid because of the lack of signature authority of any person signing the document on behalf of the applicant or any other individual, entity, general partnership, or joint venture, unless the person signing the program document knowingly and willfully falsified the evidence of signature authority or a signature. However, FSA may require affirmation of the document by those parties deemed appropriate for an affirmation, as determined by the Deputy Administrator. Nothing in this paragraph relieves participants of any other program requirements.
[68 FR 16172, Apr. 3, 2003; 69 FR 250, Jan. 5, 2004, as amended at 80 FR 41995, July 16, 2015]
Subpart 213.0 - Reserved           **Parent topic:** Part 213 - SIMPLIFIED ACQUISITION PROCEDURES
#### § 714.42 Designation of trustee.

Where there is more than one claimant and all the claimants desire to appoint a trustee to receive and disburse any payment to be made to them with respect to the claim, they shall be permitted to appoint a trustee. The person designated as trustee shall execute the declaration of trust.
#### § 756.17 Appeals.

Any producer who is dissatisfied with a determination made pursuant to this part may make a request for reconsideration or appeal of such determination in accordance with the appeal regulations in 7 CFR parts 11 and 780.
II 

109TH CONGRESS 

2D SESSION S. 2864 

To suspend temporarily the duty on ACM. 

IN THE SENATE OF THE UNITED STATES 

MAY 19, 2006 

Mr. BURR introduced the following bill; which was read twice and referred to 

the Committee on Finance 

A BILL 

To suspend temporarily the duty on ACM. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. ACM. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.10.79 (3-Acetoxy-3-cyanopropyl) 

methylphosphinic acid, butyl 

ester (CAS No. 167004–78– 

6) (provided for in subheading 2931.00.90) ............ 0.7% No change No change On or before 

12/31/2009 ’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) applies to goods entered, or withdrawn from 


ycherry on PROD1PC64 with BILLS
2 

•S 2864 IS 

1 warehouse for consumption, on or after the 15th day after 

2 the date of the enactment of this Act. 

Æ 


ycherry on PROD1PC64 with BILLS