alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
                                                                    EXHIBIT 23.1



CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statement
(Form S-8 No. 333-1022) pertaining to the Visio Corporation 1990 Stock Option
Plan, Visio Corporation 1995 Long-term Incentive Compensation Plan, Visio
Corporation 1995 Nonemployee Director Stock Option Plan, Visio Corporation 1995
Employee Stock Purchase Plan, and Visio Corporation (formerly Shapeware
Corporation) Common Stock Purchase Warrant of Visio Corporation of our report
dated October 18, 1996, with respect to the financial statements and schedule
of Visio Corporation included in the Annual Report (Form 10-K) for the year
ended September 30, 1996.

                                          /S/ Ernst & Young LLP       

Seattle Washington
December 24, 1996
<PAGE>   1

                                                                   EXHIBIT 23.03


               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

We consent to the reference to our firm under the caption "Experts" and to the
use of our report dated February 22, 1999 with respect to the financial
statements of Anergen, Inc., included in the Registration Statement on Form S-4
and related Prospectus of Corixa Corporation for the registration of shares of
its common stock.


Seattle, Washington                                          ERNST & YOUNG LLP
June 29, 1999
1

Filed 5/18/15 P. v. Young CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). T his opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

v.

ZURI S. YOUNG,

Defendant and Appellant. E062610

(Super.Ct.No. FCH02413)

OPINION

APPEAL from the Superior Court of San Bernardino County. Michael A. Smith,

Judge. (Retired judge of the San Bernardino Super. Ct. assigned by the Chief Justice

pursuant to ar t. VI, §6 of the Cal. Const.) Affirmed.

James R. Bostwick, Jr., under appointment by the Court of Appeal, for Defendant

and Appellant.

No appearance for Plaintiff and Respondent.2 I

STATEMENT OF THE CASE

In 1998, a jury found defendant and appellant Zuri S. Young guilty of one count of

battery by a prisoner on a non

- confined person under Penal Code 1 section 4501.5. After

a subsequent bench trial, the trial court found that defendant had suffered prior

convictions for four counts of attempted murder under sections 664 and 187

, and one

count of robbery under section 211, all of which were violent or serious felonies under

section 667, subdivisions (b) through (i). The trial court sentenced defendant to 25 years

to life.

Approximately 16 years later, on Oct ober 6 , 2014, defendant filed a petition

entitled “Recall of Commitment and Sentence Pursuant to CCR Title 5, 3076(c)(d) and

Pen. Code § 1170(c)(d).” On November 25, 2014, the trial court ruled on defendan t’s

petition as follows: “the C ourt has read and con sidered Petition for Recall of S entence

pursuant to PC 1170.126. The Court finds that P etitioner does not satisfy the criteria in

PC 1170.126(e) and is not eligible. The petition for recall of sentence is denied.”

On December 29, 2014, defendant filed a notice of appeal from the court’s

“ [ f ] inding defendant ineligible as a matter of law for r esentencing under PC 1170.126.”

1 All statutory references are to the Penal Code unless otherwise specified.3 II 2

ANALYSIS

After defendant appealed, and upon his request, this court appointed counsel to

represent him. Counsel has filed a br ief under the authority of People v. Wende (1979)

25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 setting forth a statement of

the case, a summary of the facts, and potential arguable issues, and requesting this court

to undertake a review of th e entire record.

We offered defendant an opportunity to file a personal supplemental brief, but he

has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we

have conducted an independent review of the record and find no arguab le issues.

I II

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

McKINSTER

Acting P. J.

We concur:

KING

J.

MILLER

J.

2 The facts of the underlying conviction are not relevant to this appeal.
Exhibit 32.1


                            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 of Astea International Inc. (the "Company")
on Form  10-K  for the  period  ending  December  31,  2003 as  filed  with  the
Securities and Exchange  Commission on the date hereof (the  "Report"),  I, Zack
Bergreen,  Chief  Executive  Officer  and  Principal  Executive  Officer  of the
Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906
of the Sarbanes-Oxley Act of 2002, that:

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

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




                                             /s/Zack Bergreen
                                             -----------------------------------
                                             Zack Bergreen
                                             Chief Executive Officer
                                             (Principal Executive Officer)
                                             March 29, 2004


<PAGE>

                                                                    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 Annual Report of Astea International Inc. (the "Company")
on Form  10-K  for the  period  ending  December  31,  2003 as  filed  with  the
Securities and Exchange  Commission on the date hereof (the  "Report"),  I, Rick
Etskovitz,  Chief Financial Officer and Principal Financial and Chief Accounting
Officer of the Company,  certify,  pursuant to 18 U.S.C.  ss.  1350,  as adopted
pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:


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


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




                                             /s/Rick Etskovitz
                                             -----------------------------------
                                             Rick Etskovitz
                                             Chief Financial Officer
                                             (Principal Financial and Accounting
                                             Officer)
                                             March 29, 2004
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                       1,840,075
<SECURITIES>                                    19,741
<RECEIVABLES>                                2,966,001
<ALLOWANCES>                                    12,000
<INVENTORY>                                  1,636,679
<CURRENT-ASSETS>                             6,569,674
<PP&E>                                      13,992,455
<DEPRECIATION>                               3,852,231
<TOTAL-ASSETS>                              17,160,203
<CURRENT-LIABILITIES>                        1,888,558
<BONDS>                                      4,000,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     4,612,747
<OTHER-SE>                                   6,074,379
<TOTAL-LIABILITY-AND-EQUITY>                17,160,203
<SALES>                                      4,935,510
<TOTAL-REVENUES>                             6,061,315
<CGS>                                        4,959,679
<TOTAL-COSTS>                                  629,899
<OTHER-EXPENSES>                                 2,282
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              44,222
<INCOME-PRETAX>                                425,234
<INCOME-TAX>                                   170,000
<INCOME-CONTINUING>                            255,234
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   255,234
<EPS-PRIMARY>                                      .09
<EPS-DILUTED>                                      .09
        

</TABLE>
Exhibit99.5

 

**ANNUALSTATEMENT OF COMPLIANCE**

** **

**TARGETRECEIVABLES CORPORATION**

** **

**TARGETCREDIT CARD OWNER TRUST 2005-1**

** **

** **

The undersigned, a dulyauthorized representative of Target Receivables Corporation, as administratorof the Target Credit Card Owner Trust 2005-1, pursuant to the Section 3.9 ofthe Indenture, dated as of November 9, 2005, between Target Credit Card OwnerTrust 2005-1, as Issuer, and Wells Fargo Bank, National Association, asIndenture Trustee, does hereby certify that:

 

 

1.     Capitalized terms used inthis certificate have the meanings as set forth in the Indenture.

 

2.     The undersigned is anofficer of Target Receivables Corporation.

 

3.     As of the date hereof, theundersigned has made a review of the Issuer’s activities during the year.

 

4.     As of the date hereof, tothe best knowledge of the undersigned, the Issuer has complied with allconditions and covenants in all material respects under the Indenture.

 

 

IN WITNESS WHEREOF, theundersigned has duly executed this statement on this 21st day of March, 2007.

 
| ** ** | ** ** | **TARGET RECEIVABLES CORPORATION,**              |
|------------|------------|--------------------------------------------------|
| ** ** | ** ** | **as Administrator of Target  Credit Card**      |
| ** ** | ** ** | **Owner Trust 2005-1,**                          |
|       |       |                                             |   |   |
| ** ** | ** ** | **By:   /s/  Terrence J. Scully** | ** ** |
| ** ** | ** ** | ** **                                       | **Name:  Terrence J.  Scully** |
| ** ** | ** ** | ** **                                       | **Title:  Vice  President & Director** |
|            |            |                                                  |  |  |  |  |
Exhibit









Exhibit 10.3



	
	
	COMPASS MINERALS INTERNATIONAL, INC.
2015 INCENTIVE AWARD PLAN






RESTRICTED STOCK UNIT AWARD GRANT NOTICE


Compass Minerals International, Inc., a Delaware corporation (the “Company”), hereby grants to the participant listed below (the “Participant”) the restricted stock units (the “RSUs”) described in this Restricted Stock Unit Grant Notice (this “Grant Notice”), subject to the Compass Minerals International, Inc. 2015 Incentive Award Plan (as amended from time to time the “Plan”) and the Rules, Policies and Procedures for Equity Awards Granted to Employees, dated February 21, 2017 (the “Rules”), each of which is incorporated into this Grant Notice by reference.  In addition, the RSUs are subject to the Company’s Compensation Clawback Policy, dated February 2016, and any successor policy thereto (the “Clawback Policy”).  This Grant Notice will constitute an “Award Agreement” under the terms of the Plan. 
	
		
	Participant:
	_______________________

	Grant Date:
	_______________________

	Number of RSUs:
	_______________________

	Vesting Schedule:
	[Subject to the Rules and to achievement of the Performance Hurdle / Performance Goal set forth below, the RSUs will vest on the third anniversary of the Grant Date (the “Vesting Date”).] 

	Dividend Equivalents:
	Participant will be entitled to receive Dividend Equivalents (as such term is defined in the Plan) in accordance with terms set forth in the Rules.

	Payment:
	Subject to the Rules, the Participant will receive a number of shares of Stock (in either certificate or book entry form) equal to the number of RSUs subject to this Grant Notice within 30 days following the Vesting Date; provided, however, that if the Participant’s service with the Company and its Subsidiaries (as such term is defined in the Plan) ends prior to the Vesting Date under circumstances that entitle the Participant to payment under the Rules, then the time of payment and the number of shares that the Participant will receive will be determined in accordance with the Rules.

	[Performance Hurdle / Performance Goal:]
	[The Company must achieve $_________ or more of EBITDA, as determined by the Compensation Committee, for 20__.] 






By Participant’s signature below, Participant agrees to be bound by the terms of this Grant Notice, the Plan, the Clawback Policy and the Rules.  Participant has reviewed the Plan, this Grant Notice, the Clawback Policy and the Rules in their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Grant Notice and fully understands all provisions of the Plan, this Grant Notice, the Clawback Policy and the Rules.  If there is any conflict between the terms and conditions of this Grant Notice and the Rules, the Rules will control. Participant hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Compensation Committee of the Company’s Board of Directors upon any questions arising under this Grant Notice, the Plan, the Clawback Policy and the Rules.  
	
				
	COMPASS MINERALS INTERNATIONAL, INC.
	 
	PARTICIPANT

	By:
	 
	 
	 

	Name:
	 
	 
	Participant Name:

	Title:
February 6, 2012 

Mr. John Richard Rosenberg 

6355 Oxbow Bend 

Chanhassen, MN 55317 

Dear Mr. Rosenberg: 

This is in response to your January 13, 2012 submission (Docket No. FAA-2006-24148) 

petitioning the Federal Aviation Administration for an extension to Exemption No. 8705. 

That exemption from 14 Code of Federal Regulations (14 CFR) § 91.109(a) allowed you to 

conduct flight instruction in Beechcraft Bonanza and Debonair aircraft equipped with a 

functioning throwover control wheel instead of functioning dual controls. 

On August 31, 2011, the FAA amended 14 CFR part 91 related to throwover control wheels 

(76 FR 54107). A copy of this rule change is enclosed for your information. 

Because the relief you seek is now covered under the amended rule, we will take no further 

action on your petition. 

Sincerely, 

/s/ 

Ida Klepper 

Manager, Airmen and 

 Airspace Rules Division 

Enclosure
38586.

#### WALTHOUR v. MOCK.

Frankum, Judge.

1. Plaintiff filed an action on a note against the defendant. The defendant failed to file any defensive pleadings, and a judgment was taken on August 10, 1959. On August 9, 1960, the defendant filed a motion to set aside the judgment, which motion contains allegations that the “plaintiff as a privey [sic] to the First Finance Corporation” had filed a prior suit upon the same cause which had terminated in favor of the movant when a general demurrer was sustained to the petition; that such judgment has never been set aside; that the movant had no knowledge of the instant case in order that he might file -his plea of res judicata, and that the judgment obtained in the instant case is void. The motion has attached thereto, as an exhibit, a copy of the prior suit. The trial court overruled the motion, and the defendant assigns such ruling as error.

2. The record in the instant case does not show any facts of the prior suit other than those contained in the allegations of the motion, or any defect on the face of the record or pleadings. The motion to set aside is without merit. *Tobin v. Tobin,*212 Ga. 205 (91 S. E. 2d 508). “A judgment may be vacated for fraud, accident or mistake, unmixed with the negligence or fault of the complaining party.” *Dugan v. McGlann,*60 Ga. 353. The record discloses service of a copy of the petition and process upon the defendant in a method provided by law. Such service was not traversed, and it must be presumed that such service was valid. *Jewell Tea Co. v. Pattillo,*50 Ga. App. 620 (178 S. E. 925); *Drake v. Brown*
      *812
      *Mfg. Co.,*121 Ga. 550 (49 S. E. 590). The record in this court affirmatively shows the prior suit was brought by a corporation and not by the plaintiff in this suit. While not passing upon the question of whether a plea of res judicata would be meritorious, the court notes that the defendant failed to file a plea of res judicata at the appropriate time, but relies upon res judicata as a ground for the present motion. Such are matters which are purely defensive and do not afford grounds to vacate or set aside the judgment. *Stefanick v. Ouellette,*97 Ga. App. 644 (104 S. E. 2d 156). “When a party has been afforded an opportunity to be heard, the court can not suspend or vacate its judgment merely to let in a defense which should have been offered before the judgment was entered.” *Hurt Building, Inc. v. Atlanta Trust Co.,*181 Ga. 274, 283 (182 S. E. 187). The movant has shown neither fraud, mistake nor accident. The trial court did not err in overruling the motion.

Decided December 5, 1960.

*Lewis L. Scott,*for plaintiff in error.

*Nelson Haslam,*contra.

*Judgment affirmed.*

*Townsend, P. J., Carlisle kind Jordan, JJ., concur.*
<PAGE>   1

                                                                   EXHIBIT 99.1


                              GLACIER BANCORP, INC.
                                      PROXY
                       PLEASE SIGN AND RETURN IMMEDIATELY

           THIS PROXY IS SOLICITED ON BEHALF OF THE BOARD OF DIRECTORS

            The undersigned hereby appoints John S. MacMillan and Michael J.
Blodnick and each of them (with full power to act alone), my Proxies, with full
power of substitution as Proxy, and hereby authorize Messrs. MacMillan and
Blodnick to represent and to vote, as designated below, all the shares of common
stock of Glacier Bancorp, Inc., held of record by the undersigned on
______________, 1998, at the Annual Meeting of Shareholders to be held on
___________, 1998, or any adjournment of such Meeting.

1.        ELECTION OF DIRECTORS

          A.   I vote FOR all nominees listed below (except as marked to the
               contrary below) [ ]

          I WITHHOLD AUTHORITY to vote for any individual nominee whose name I
          have struck a line through in the list below:

          Allen J. Fetscher   -   John S. MacMillan   -   F. Charles Mercord

          B.   I WITHHOLD AUTHORITY to vote for all nominees listed above. [ ]

2.        APPROVAL OF REORGANIZATION. To consider and vote on a proposal to
          approve a merger of Glacier Bancorp, Inc. with and into a
          newly-created, wholly owned subsidiary.

                 FOR       [ ]       AGAINST      [ ]           ABSTAIN [ ]

3.        WHATEVER OTHER BUSINESS may properly be brought before the Meeting or
          any adjournment thereof.

          THIS PROXY CONFERS AUTHORITY TO VOTE "FOR" AND WILL BE VOTED "FOR" THE
          PROPOSALS LISTED UNLESS AUTHORITY IS WITHHELD OR A VOTE AGAINST OR AN
          ABSTENTION IS SPECIFIED, IN WHICH CASE THIS PROXY WILL BE VOTED IN
          ACCORDANCE WITH THE SPECIFICATION SO MADE.

          Management knows of no other matters that may properly be, or which
are likely to be, brought before the Meeting. However, if any other matters are
properly presented at the Meeting, this Proxy will be voted in accordance with
the recommendations of management.

          The Board of Directors recommends a vote "FOR" the listed proposals.
__________________ , 1998



                                        ________________________________________

                                        ________________________________________

                                        ________________________________________

                                        WHEN SIGNING AS ATTORNEY, EXECUTOR,
                                        ADMINISTRATOR, TRUSTEE OR GUARDIAN,
                                        PLEASE GIVE FULL TITLE. IF MORE THAN ONE
                                        TRUSTEE, ALL SHOULD SIGN. ALL JOINT
                                        OWNERS MUST SIGN.
# L_2019242EN.01002601.xml

| 20.9.2019 | EN | Official Journal of the European Union | L 242/26 |
| --- | --- | --- | --- |

20.9.2019

EN

Official Journal of the European Union

L 242/26

---

COUNCIL DECISION (EU, Euratom) 2019/1572

of 16 September 2019

appointing a member, proposed by the Federal Republic of Germany, of the European Economic and Social Committee

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,

Having regard to the proposal of the German Government,

Having regard to the opinion of the European Commission,

Whereas:

| (1) | On 18 September 2015 and 1 October 2015, the Council adopted Decisions (EU, Euratom) 2015/1600 (1) and (EU, Euratom) 2015/1790 (2) appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020. |
| --- | --- |

(1)

On 18 September 2015 and 1 October 2015, the Council adopted Decisions (EU, Euratom) 2015/1600 (1) and (EU, Euratom) 2015/1790 (2) appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020.

| (2) | A member's seat on the European Economic and Social Committee has become vacant following the end of the term of office of Ms Gabriele BISCHOFF, |
| --- | --- |

(2)

A member's seat on the European Economic and Social Committee has become vacant following the end of the term of office of Ms Gabriele BISCHOFF,

HAS ADOPTED THIS DECISION:

Article 1

Mr Andreas BOTSCH, Director Europe and International, Special Advisor to the President, L20 Sherpa, German Trade Union Confederation (DGB), is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2020.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 16 September 2019.

For the Council

The President

T. TUPPURAINEN

---

(1)  Council Decision (EU, Euratom) 2015/1600 of 18 September 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 248, 24.9.2015, p. 53).

1

(2)  Council Decision (EU, Euratom) 2015/1790 of 1 October 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 260, 7.10.2015, p. 23).

2

---