alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
###### Editorial Note on Part 177

#### Editorial Note:

Nomenclature changes to part 177 appear at 61 FR 14482, Apr. 2, 1996; 66 FR 56035, Nov. 6, 2001; 66 FR 66742, Dec. 27, 2001; 68 FR 15355, Mar. 31, 2003; 70 FR 72074, Dec. 1, 2005; and 81 FR 49896, July 29, 2016.

#### § 177.2410 Phenolic resins in molded articles.

Phenolic resins identified in this section may be safely used as the food-contact surface of molded articles intended for repeated use in contact with nonacid food (pH above 5.0), in accordance with the following prescribed conditions:

(a) For the purpose of this section, the phenolic resins are those produced when one or more of the phenols listed in paragraph (a)(1) of this section are made to react with one or more of the aldehydes listed in paragraph (a)(2) of this section, with or without aniline and/or anhydro-formaldehyde aniline (hexahydro-1, 3,5-triphenyl-s-triazine):

(1) *Phenols:*

*p-tert-*Amylphenol.

*p-tert-*Butylphenol.

*o-, m-,* and *p-*Cresol.

*p-*Octylphenol.

Phenol.

*o-* and *p-*Phenylethylphenol mixture produced when phenol is made to react with styrene in the presence of sulfuric acid catalyst.

(2) *Aldehydes:*

Acetaldehyde.

Formaldehyde.

Paraldehyde.

(b) Optional adjuvant substances employed in the production of the phenolic resins or added thereto to impart desired technical or physical properties include the following:

| Asbestos fiber | |
| --- | --- |
| Barium hydroxide | For use as catalyst. |
| Calcium stearate | For use as lubricant. |
| Carbon black (channel process) | |
| Diatomaceous earth | |
| Glass fiber | |
| Hexamethylenetetramine | For use as curing agent. |
| Mica | |
| Oxalic acid | For use as catalyst. |
| Zinc stearate | For use as lubricant. |

(c) The finished food-contact article, when extracted with distilled water at reflux temperature for 2 hours, using a volume-to-surface ratio of 2 milliliters of distilled water per square inch of surface tested, shall meet the following extractives limitations:

(1) Total extractives not to exceed 0.15 milligram per square inch of food-contact surface.

(2) Extracted phenol not to exceed 0.005 milligram per square inch of food-contact surface.

(3) No extracted aniline when tested by a spectrophotometric method sensitive to 0.006 milligram of aniline per-square inch of food-contact surface.

(d) In accordance with good manufacturing practice, finished molded articles containing the phenolic resins shall be thoroughly cleansed prior to their first use in contact with food.
OPINION OF COUNSEL

                                                                       EXHIBIT 5

                                 August 31, 2000

4Kids Entertainment, Inc.
1414 Avenue of the Americas
New York, NY 10019

                  Re: 4Kids Entertainment, Inc.

Ladies and Gentlemen:

            We have acted as special counsel to 4Kids Enterntainment, Inc., a
New York corporation (the "Company"), in connection with the Company's
registration statement on Form S-8 (the "Registration Statement") to be filed
pursuant to the Securities Act of 1933, as amended (the "Securities Act"). The
Registration Statement relates to an aggregate of 500,000 shares of the
Company's Common Stock, par value $.01 per share (the "Common Stock"), all of
which may be issued upon the exercise of stock options granted pursuant to the
Company's 2000 Stock Option Plan (the "Plan").

            In connection with the above, we have reviewed the Company's
certificate of incorporation, its by-laws, resolutions adopted by its Board of
Directors, the Registration Statement and its related Prospectus and such other
documents and proceedings as we have deemed appropriate.

            On the basis of such review, and having regard to legal
considerations that we deem relevant, we are of the opinion that the shares of
Common Stock to be offered pursuant to the Registration Statement have been duly
authorized and, when issued in accordance with the terms set forth in the Plan
and in the Registration Statement, will be duly and validly issued, fully paid
and nonassessable.

            Our opinion set forth above is based as to matters of law solely on
applicable provisions of the laws of the State of New York, and we express no
opinions as to any other laws, statutes, ordinances, rules or regulations.

            We hereby consent to the filing of this opinion as an exhibit to the
Registration Statement. In giving this opinion, we do not thereby admit that we
are within the category of persons whose consent is required under Section 7 of
the Securities Act or the rules and regulations of the Securities and Exchange
Commission.

                                 Very truly yours,

                                 /s/ KAYE, SCHOLER, FIERMAN, HAYS & HANDLER, LLP


                                       7
Exhibit 10.8


 


The table below summarizes
the annualized salaries of Horace Mann Educators Corporation’s (the “Company”) Chief Executive Officer, the Chief
Financial Officer and the other three highest compensated Executive Officers, as defined in the Company’s Proxy Statement
for the 2017 Annual Meeting of Shareholders (collectively the “Named Executive Officers”). These salaries may be changed
at any time at the discretion of the Compensation Committee and/or Board of Directors of the Company. These are base salaries and
do not include short-term and long-term incentive compensation amounts, the Company’s contributions to defined contribution
plans and the Company’s contribution to other employee benefit programs on behalf of these individuals.


 


	Named Executive Officer	Annualized Salary
	
        Marita Zuraitis

        President and Chief Executive Officer
	$850,000
	
        Dwayne D. Hallman*

        Executive Vice President and Chief Financial Officer
	$460,000
	
        William J. Caldwell

        Executive Vice President, Property & Casualty
	$375,000
	
        Matthew P. Sharpe

        Executive Vice President, Life & Retirement
	$415,000
	
        Kelly J. Stacy**

        Senior Vice President, Field Operations and Distribution
	$320,000
	
        Bret A. Conklin*

        Senior Vice President and Controller/Acting CFO
	$320,000





*Bret A. Conklin was named Acting CFO on
January 30, 2017 after a medical incident and then passing of Dwayne D. Hallman on February 3, 2017. He was named Executive Vice
President and CFO effective April 15, 2017. Bret A. Conklin will be a Named Executive Officer in the 2018 Proxy Statement.


**On April 13, 2017, the Company announced
that Kelly Stacy, head of field operations, is leaving the Company effective April 21, 2017. Mr. Stacy’s current responsibilities
will be absorbed by existing members of the management team.


 


Last revision date: April 13, 2017
#### Parker *v.*The State.

No. 8267.

February 19, 1932.

Per Curiam.

This case came on for a hearing before a full bench consisting of six Justices. One of the questions was whether the judge erred in charging upon the law of confessions, and another whether he violated § 1058 of the Penal Code by expressing an opinion upon the evidence. On these questions Hill, Gilbert, and Hines, JJ., were in favor of affirmance; and Russell, C. J., Beck, P. J., and Atkinson, J., were in favor of reversal. Therefore the judgment of the court below is affirmed by operation of law. As to the other questions raised, this court is of the opinion that no error was committed.

*Judgment affirmed by operation of law.*

*454*J. Mach Barnes, Blalock & Blalock,*and *Parker & Parker,*for plaintiff in error.

*A. B. Spence, solicitor-general,*and *John*W. *Bennett,*contra.
#### Gardner et al. *v.*Holland Motor Express, Inc.

[No. 17,366.

Filed October 9, 1945.]

*James A. Emmert,*Attorney General, *Winslow Van Horn,*Deputy Attorney General, and *Fred R. Bechdolt,*Chief Counsel Indiana Employment Security Division, for Appellants.

*Harry E. Yoekey, Eugene H. Yoekey*and *Kirkwood Yoekey,*all of Indianapolis, for appellee.

Crumpacker, P. J.

The Indiana Employment Security Division collected contributions from the appellee at the rate of 2.7 per centum of its reportable payroll for the period beginning February 25, 1942, and ending June 30, 1943. Contending that its proper and legal rate of contribution for such period should have been determined at 0.7 per centum of its reportable payroll the appellee filed a claim with the State Employment Security Board for a refund of the alleged excess contributions so paid in the sum of $899.26. This claim was denied by the board and, *699upon request of the appellee, the matter was referred to a liability referee who, after a proper hearing, found the fact specially, concluded as a matter of law that the contributions paid by the appellee over the period involved were in no part unlawfully collected and entered an order denying recovery. The appellee thereupon filed its complaint in the Marion Superior Court for a judicial review of the liability referee’s decision, and in due course such decision was reversed by said court and final judgment entered that the appellee recover a refund in the sum of $899.26, together with interest, such being the agreed excess of 0.7 per centum of its reportable payroll paid by the appellee for the period involved. The appellants’ motion for a new trial, challenging the sufficiency of the evidence and the legality of the court’s decision, was overruled and this appeal followed upon the single assignment that the court’s ruling on said motion is erroneous.

We are confronted in this case with the identical situation presented by the record in Cause No. 17, 365, *Gardner*v. *Lohmann Construction Co., Inc., ante,*p. 132, 62 N. E. (2d) 867, which we have this day decided with a written opinion in which our position is fully set out. On the authority of that case this appeal must be dismissed.

Hamilton, J., not participating.

Note. — Reported in 62 N. E. (2d) 870.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

_________________________________________ Clerk February 6, 2013

s0130 

# Order

February 6, 2013

146238

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellant,

v SC: 146238

COA: 305107

Wayne CC: 11

- 002420

- FH

JAMES MICHAEL GEIERMAN,

Defendant

- Appellee.

_________________________________________/

On order of the Court, the application for leave to appeal the September 18, 2012

judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in

lieu of granting leave to appeal, we REVERSE, in part, the judgment of the Court of

Appeals and REINSTATE the defendant’s conviction for felonious assault because the

evidence was sufficient to sustain his conviction for that offense. The defendant broke

into a home, threatened to strike the occupants with what appeared to be a small bat or

club, and thus attempted “to commit a battery or [committed] an unlawful act that

place[d] another in reasonable appr ehension of receiving an immediate battery.” People

v Nickens , 470 Mich 622, 628 (2004) (quotation marks and citations omitted). The Court

of Appeals is required to view the evidence in a light most favorable to the prosecution.

It was not empowered to substitute its judgment for that of the circuit court. People v

Wolfe , 440 Mich 508, 515

- 516 (1992).
EXHIBIT 31.2

        SECTION 302 CERTIFICATION PURSUANT TO SARBANES-OXLEY ACT OF 2002

I, James J. Mastriani, Chief Financial Officer of Velocity Asset Management,
Inc. (the "Company"), do hereby certify that:

         1.       I have reviewed this amended quarterly report on Form 10-QSB
of the Company;

         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; and

         3.       Based on my knowledge, the financial statements, and other
financial information included in this report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
Company as of, and for, the period presented in this report.

         4.       The Company's other certifying officers and I are responsible
for establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-15(e) and 15d-15(e) for the Company and have:

                  (a) designed such disclosure controls and procedure, or caused
such disclosure controls and procedures to be designed, to ensure that material
information relating to the Company, including its consolidated subsidiaries, is
made known to us by others within those entities, particularly during the period
in which this report is being prepared;

                  (b) evaluated the effectiveness of the Company's disclosure
controls and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; and

                  (c) disclosed in this report any changes in the Company's
internal control over financial reporting that occurred during the company's
most recent fiscal quarter that has materially affected, or is reasonably likely
to materially affect, the Company's internal control over financial reporting;
and

         5.       The Company's other certifying officer and I have disclosed,
based on our most recent evaluation, to the Company's auditors and the audit
committee of the Company's board of directors (or persons performing the
equivalent functions):

                  (a) all significant deficiencies in the design or operation of
internal controls over financial reporting which hare reasonably likely to
adversely affect the Company's ability to record, process, summarize and report
financial information; and

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


                                       /s/ JAMES J. MASTRIANI
                                       -----------------------------------------
                                       James J. Mastriani
                                       Chief Financial Officer

August __, 2006

                                       31
<PAGE>
                                                                    EXHIBIT 11.2

                             WEBLINK WIRELESS, INC.
                    COMPUTATION OF PER SHARE EARNINGS (LOSS)

<Table>
<Caption>
                                                          THREE MONTHS ENDED DECEMBER 31, 2000
                                                     ------------------------------------------------
                                                      NUMBER                PERCENT        EQUIVALENT
                                                     OF SHARES            OUTSTANDING        SHARES
                                                     ----------           -----------      ----------

<S>                                                  <C>                  <C>              <C>
COMMON STOCK
   From Founders' Stock                               2,300,000             100.00%         2,300,000
   Stock Options Exercised                            2,508,997              99.74%         2,502,379
   Preferred Stock Converted to Common Stock         15,310,943             100.00%        15,310,943
   1994 Common Stock Offerings                       11,242,857             100.00%        11,242,857
   1995 Common Stock Offerings                        4,323,874             100.00%         4,323,874
   1996 Common Stock Offering                         6,000,000             100.00%         6,000,000
   1999 Treasury Stock Transaction                       (6,588)            100.00%            (6,588)
   March 2000 Debt Swap                               3,789,715             100.00%         3,789,715
   Canadian Transaction                                 714,286             100.00%           714,286
   Employee Stock Purchase Plan Shares Issued           190,651              89.03%           169,734
   Warrants Exercised                                   134,737             100.00%           134,737
                                                     ----------                           -----------
                                                     46,509,472                            46,481,937

WEIGHTED AVERAGE SHARES OUTSTANDING                                                        46,481,937

NET LOSS                                                                                  (41,432,945)

NET LOSS PER SHARE                                                                             ($0.90)
                                                                                          ===========
</Table>
Exhibit 99.1

                            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 Avitar,  Inc. (the  "Company") on
Form  10-QSB  for the  period  ending  March 31, 2003 as  filed  with  the
Securities and Exchange  Commission on the date hereof (the "Report"),  I, Peter
P. Phildius,  Chief Executive Officer of the Company,  and I, Jay C. Leatherman,
Jr., Chief Financial  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, to my
knowledge, 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.

Date: May 14, 2003


                                /s/ Peter P. Phildius_
                                Peter P. Phildius
                                Chief Executive Officer



                                /s/ Jay C. Leatherman, Jr.
                                Jay C. Leatherman, Jr.
                                Chief Financial Officer
                                (Principal Financial and Accounting
                                Officer), Secretary
EXHIBIT 23

                               CONSENT OF EXPERTS



<PAGE>

                   [COBITZ, VANDENBERG & FENNESSY LETTERHEAD]


The Board of Directors
Damen Financial Corporation

We consent to the  incorporation by reference in the Registration  Statements on
Form S-8 of Damen  Financial  Corporation  of our report dated  October 30, 1997
relating  to  the  consolidated  statements  of  financial  condition  of  Damen
Financial Corporation and subsidiaries as of September 30, 1997 and 1996 and the
related consolidated statements of earning,  changes in stockholders' equity and
cash flows for the periods ended September 30, 1997, 1996 and 1995, which report
is incorporated by reference into Damen Financial Corporation's Annual Report on
Form 10-K for the fiscal year ended September 30, 1997.


                                   /s/ Cobitz, Vandenberg & Fennessy


December 29, 1997
Hickory Hills, Illinois
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE FORM
10-Q FOR THE QUARTER ENDED MARCH 31, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<EXCHANGE-RATE>                                      1
<CASH>                                          40,113
<SECURITIES>                                    30,474
<RECEIVABLES>                                   14,488
<ALLOWANCES>                                     1,361
<INVENTORY>                                      6,555
<CURRENT-ASSETS>                               105,913
<PP&E>                                          23,624
<DEPRECIATION>                                  15,050
<TOTAL-ASSETS>                                 164,820
<CURRENT-LIABILITIES>                           20,265
<BONDS>                                            111
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           314
<OTHER-SE>                                     140,126
<TOTAL-LIABILITY-AND-EQUITY>                   164,820
<SALES>                                         25,684
<TOTAL-REVENUES>                                25,684
<CGS>                                           13,378
<TOTAL-COSTS>                                   24,089
<OTHER-EXPENSES>                                   116
<LOSS-PROVISION>                                    13
<INTEREST-EXPENSE>                                 114
<INCOME-PRETAX>                                  2,451
<INCOME-TAX>                                        65
<INCOME-CONTINUING>                              2,386
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,386
<EPS-PRIMARY>                                      .08
<EPS-DILUTED>                                      .08
        

</TABLE>