alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
|         |  |  |  |  |  |                                                                                                                                    |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |
|---------|--|--|--|--|--|------------------------------------------------------------------------------------------------------------------------------------|--|--|--|--|--|--|--|--|--|--|--|--|--|--|--|--|--|
| By: |  |  |  |  |  | /S/ MICHAEL J. SENA                                                                                                        |  |
|         |  |  |  |  |  | Michael J. SenaChief Financial Officer        (Principal Financial and Accounting Officer) |  |
\.. ..i sJ

IN THE SUPREME COURT OF THE STATE OF MONTANA DA 20-0279
DANA ROLAN, on her own behalf and on behalfofthe class she represents, Plaintiffs, Counter-Defendants, and Appellees,
v. NEW WEST HEALTH SERVICES, Defendant and Appellee, DARWIN SELECT INSURANCE COMPANY and ALLIED WORLD ASSURANCE COMPANY and DARWIN NATIONAL ASSURANCE COMPANY, Defendant, Counter-Claimant, and Appellant. 

# J MAR 0 8 2022 Bowerl Ureenwood Clerk of Supreme Court Rtato exf NAnntana

ORDER

On January 4, 2022, we issued an Opinion in the above-entitled action, reversing the District Court's holding that Allied is estopped from asserting the $1 million "each Claim" limit of liability, remanding for the District Court to consider whether the $1 million limit applied, and affirming the District Court's holding that Allied's "Loss" provision does not preclude Allied's indemnity obligation of the class's damages. On January 18, 2022, Rolan filed a Petition for Rehearing. M. R. App. P.20(1)(a)provides that a petition forrehearingwill be considered only when theCourt "overlookedsomefact materialtothe decision,"when "itoverlooked some question presented by counsel that would have proven decisive to the case," or when "its decision conflicts with a statute or controlling decision not addressed"by the Court. Having fully considered Rolan's petition, we conclude a rehearing is not warranted under the standards ofM. R. App. P. 20(1)(a). Accordingly, IT ISHEREBY ORDERED that the petition for rehearing is DENIED. 03/08/2022

Case Number: DA 20-0279The Clerk ofCou l tis ,_directed to mail copies ofthis Order to all counsel ofrecord. DATED this day ofMarch, 2022.

ChiefJustice

Justices

2
SUPREME COURT.

#### The Excelsior Savings Bank, respondent, agt. Samuel Campbell and others, appellants. Same agt. Same.

*General*Term, *First Department,*

*October*30, 1874.

*Answers held to he frivolous.*

Where the defendants, in then' answer to an action to foreclose a mortgage for non-payment of interest, denied that the defendants were in default in the payment of $280, &c., which became due and payable on the 27th day of September, 1873, and nowhere averred that the interest had been paid, nor denied that the plaintiff was entitled to the amount claimed to be due, nor was any material fact put in issue by the answers, *held,*that the answers were frivolous.

Appeal from orders overruling answers as frivolous.

*W. S.*Palmer, for appellants.

*F. F. Van Derveer,*for respondents.

Lawrence, *J.*

— I think that the. answers in these cases were properly held to be frivolous by the court at special term.

The answers do not allege that the interest was paid by the defendants, nor do they deny that the defendants have failed to comply with the conditions of the bonds by omitting to pay the interest. The denial is that the defendants were in default in the payment of $280, &c., which became due and payable on the 27th day of September, 1873. It is *348nowhere averred that the interest has been paid, nor' is any fact pleaded which tends in any way to show that the amount claimed is not due to the plaintiff, nor is it denied that the plaintiff is entitled to the amount claimed to be due. In fact, no material fact is put in- issue by the answers; they simply deny that the defendants were in default, which is a conclusion of law. The case of *Youngs*agt. *Kent*(46 *N. Y., p.*672) cited by the appellants’ counsel does not, as I understand it, aid the appellants.

In this case the answer was held to deny that the quantity of sugar delivered was the same as stated in the complaint, This was a material allegation which the plaintiff was bound to prove; and it is quite evident, from the opinion delivered by the court, that the denial in question alone prevented the the affirmance of the order for judgment which had been granted by the court below.

The orders of the special term are therefore affirmed, with ten dollars costs, in each case.

Davis, P. J., and Daniels, J., concurred.
Editorial Note on Part 160
Editorial Note: Nomenclature changes to part 160 appear by USCG-2012-0832, 77 FR 59785, 59786, Oct. 1, 2012.

§ 160.049-1 Incorporation by reference. ( a ) *Specifications and Standards.* This subpart makes reference to the following documents: ( 1 ) Federal Specifications: CCC-C-700G-Cloth, Coated, Vinyl, Coated (Artificial Leather). CCC-C-426D-Cloth, Cotton Drill.
( 2 ) Federal standard: No. 751—Stitches, Seams, and Stitchings.
( 3 ) Coast Guard specifications: 160.055—Life Preservers, Unicellular Plastic Foam, Adult and Child. 164.015—Plastic Foam, Unicellular, Buoyant, Sheet and Molded Shapes.
( 4 ) Military specifications. MIL-C-43006—Cloth, Laminated, Vinyl-Nylon, High Strength, Flexible.
( b ) *Plan.* The following plan, of the issue in effect on the date unicellular plastic foam buoyant cushions are manufactured, form a part of this subpart: ( 1 ) Coast Guard Dwg. No. 160.049-1.
( c ) *Copies on file.* Copies of the specifications and plan referred to in this section shall be kept on file by the manufacturer, together with the approved plans and certificate of approval. The Coast Guard specifications and plan may be obtained upon request from Commandant (CG-ENG), Attn: Office of Design and Engineering Systems, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509, or recognized laboratory. The Federal Specifications and the Federal Standard may be purchased from the Business Service Center, General Services Administration, Washington, DC 20407.
[CGFR 65-37, 30 FR 11586, Sept. 10, 1965, as amended by CGFR 70-143, 35 FR 19964, Dec. 30, 1970; CGD 72-163R, 38 FR 8119, Mar. 28, 1973; CGD 78-012, 43 FR 27153, 27154, June 22, 1978; CGD 88-070, 53 FR 34535, Sept. 7, 1988; USCG-1999-6216, 64 FR 53228, Oct. 1, 1999; USCG-2013-0671, 78 FR 60157, Sept. 30, 2013]
§ 188.35-5 Where obtainable. ( a ) The standards established by the American Bureau of Shipping are usually published annually and may be purchased from the American Bureau of Shipping, ABS Plaza, 16855 Northchase Drive, Houston, TX 77060.
( b ) These standards may also be examined at Coast Guard Headquarters. Contact Commandant (CG-CVC), Attn: Office of Commercial Vessel Compliance, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501. The standards are also available at the Office of any Coast Guard District Commander or Officer in Charge, Marine Inspection.
[CGFR 67-83, 33 FR 1113, Jan. 27, 1968, as amended by CGD 88-070, 53 FR 34538, Sept. 7, 1988; 53 FR 37570, Sept. 27, 1988; 53 FR 44011, Nov. 1, 1988; CGD 95-072, 60 FR 50469, Sept. 29, 1995; CGD 96-041, 61 FR 50735, Sept. 27, 1996; USCG-2000-7790, 65 FR 58465, Sept. 29, 2000; USCG-2009-0702, 74 FR 49240, Sept. 25, 2009; USCG-2012-0832, 77 FR 59789, Oct. 1, 2012; USCG-2013-0671, 78 FR 60164, Sept. 30, 2013]
§ 159.007-3 Production inspections and tests: Independent laboratory's procedures. ( a ) The manufacturer may follow an independent laboratory's procedures for production inspections and tests if those procedures— ( 1 ) Meet or exceed the production inspection and test requirements of the applicable subpart or are equivalent to those inspections and tests;
( 2 ) Include labeling or marking the equipment or material when the equipment or material meets the inspection and test procedures of the laboratory; and
( 3 ) Are accepted by the Commandant under § 159.007-7(b).
( b ) [Reserved]
EXHIBIT 32.2

Certification of Chief Financial Officer
Pursuant to 1350 of Title 18 of the United States Code

Pursuant to Section 1350 of Title 18 of the United States Code, I, James W. Kleifges, the Chief Financial Officer of Inland Retail Real Estate Trust, Inc. (the "Company"), hereby certify that, to my knowledge:

|    |                                                                                                                                                                                                         
|--- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|(1) | This quarterly report on Form 10-Q for the period ended June 30, 2005 ("Report") of the Company fully complies with the requirements of Section 13a 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/ James W. Kleifges   | 
|      |                         | 
|By:   | James W. Kleifges       | 
|      | Chief Financial Officer
|      |                         | 
|Date: | July 29, 2005           |
§ 140.605 Vessel stability. ( a ) Prior to getting underway, and at all other times necessary to ensure the safety of the vessel, the master or officer in charge of a navigational watch must determine whether the vessel complies with all stability requirements in the vessel's trim and stability book, stability letter, COI, and Load Line Certificate, as applicable.
( b ) A towing vessel must be maintained and operated so the watertight integrity and stability of the vessel are not compromised.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Agriculture

###### Forest Service

# AGENCY:

Forest Service, USDA.

# ACTION:

Notice of meeting. 

# SUMMARY:

The Ravalli County Resource Advisory Committee will be meeting to review 2007 projects, and hold a short public forum (question and answer session). The meeting is being held pursuant to the authorities in the Federal Advisory Committee Act (Public Law 92-463) and under the Secure Rural Schools and Community Self-Determination Act of 2000 (Public Law 106-393). The meeting is open to the public.

# DATES:

The meeting will be held on April 24, 2007, 6:30 p.m.

# ADDRESSES:

                        The meeting will be held at the Bitterroot National Forest, Supervisor Office, Conference Room, 1801 North First Street, Hamilton, Montana. Send written comments to Daniel Ritter, District Ranger, Stevensville Ranger District, 88 Main Street, Stevensville, MT 59870, by facsimile (406) 777-7423, or electronically to                         *dritter@fs.us.*

# FOR FURTHER INFORMATION CONTACT:

Daniel Ritter, Stevensville District Ranger and Designated Federal Officer, Phone: (406) 777-5461.

Dated: April 4, 2007.

Barry Paulson,

Deputy Forest Supervisor.

[FR Doc. 07-1787  Filed 4-10-07; 8:45 am]

BILLING CODE 3410-11-M
<PAGE>   1
                                                                      EXHIBIT 12


                            LUCENT TECHNOLOGIES INC.

                COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                              (DOLLARS IN MILLIONS)
                                   (UNAUDITED)

<TABLE>
<CAPTION>
                                 FOR THE TWELVE   FOR THE TWELVE   FOR THE TWELVE    FOR THE NINE       FOR THE
                                  MONTHS ENDED     MONTHS ENDED     MONTHS ENDED     MONTHS ENDED     YEAR ENDED
                                  SEPTEMBER 30,    SEPTEMBER 30,    SEPTEMBER 30,    SEPTEMBER 30,    DECEMBER 31,
                                      1999             1998             1997             1996            1995
                                 --------------   --------------   --------------   --------------    ------------
<S>                                 <C>              <C>              <C>              <C>              <C>
Earnings Before
 Income Taxes ............          $ 5,443          $ 2,512          $ 1,458          $   627          $(1,050)
Less Interest
 Capitalized During
  the Period .............               20               17               14               14               14
Less Undistributed
  Earnings of
  Less than 50%
  Owned Affiliates .......                2               11                3                1                2
Add Fixed Charges ........              635              503              460              313              327
                                    -------          -------          -------          -------          -------
 Total Earnings ..........          $ 6,056          $ 2,987          $ 1,901          $   925          $  (739)
Fixed Charges
Total Interest Expense
 Including
 Capitalized Interest ....          $   453          $   297          $   281          $   209          $   257
Interest Portion of
  Rental Expenses ........              182              142              112               63               70
                                    -------          -------          -------          -------          -------
 Total Fixed Charges .....          $   635          $   439          $   393          $   272          $   327

Ratio of Earnings to
  Fixed Charges ..........              9.5              6.8              4.8              3.4              (A)
</TABLE>


(A) For purposes of determining the ratio of earnings to fixed charges, earnings
    are defined as income(loss) before income taxes, less interest capitalized,
    less undistributed earnings of less than 50% owned affiliates and plus fixed
    charges. Fixed charges consist of interest expense on all indebtedness and
    that portion of operating lease rental expense that is representative of the
    interest factor. Earnings were inadequate to cover fixed charges for the
    year ended December 31, 1995 by $1,066.
**EXHIBIT ITEM 32.1**

 

SECTION 906 CERTIFICATION

 

The certification set forth below is being submitted to the Securities and Exchange Commission solely for the purpose of complying with Section 1350 of Chapter 63 of Title 18 of the United States Code.

 

December 29, 2010

 

Charles T. Chrietzberg, Jr., the Chief Executive Officer of Northern California Bancorp, Inc. certifies:

 

i.                  that this annual  report on Form 10-K/A (Amendment No. 1) for the year ended December 31, 2009 fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

 

ii.               that information contained in the annual report on Form 10-K/A (Amendment No. 1)for the year ended December 31, 2009 fairly presents, in all material respects, the financial condition and results of operations  of Northern California Bancorp, Inc.

 
|   | /s/ Charles T. Chrietzberg, Jr.  |
|--------|---------------------------------------|
|   | Charles T. Chrietzberg, Jr.      |
|   | Chief Executive Officer and President |

 

1

----
**EXHIBIT11**

 

StatementReference Computation of Per Share Earnings

 

Primary earnings pershare amounts were computed on the basis of the weighted average number ofshares of common stock during the year. The weighted average number of sharesused for this computation was 1,658,675, 1,614,196, 1,576,589, 1,528,268 and1,483,493, in 2006, 2005,2004, 2003, and 2002, respectively.

 

Fully diluted earnings per share amounts werecomputed on the basis of the weighted average number of shares of common stockand common stock equivalents outstanding during the year. Common stockequivalents include employee stock options. The weighted average number ofshares used for this computation was 1,831,892, 1,923,532, 1,919,512, 1,796,859and 1,744,082, in 2006,2005, 2004, 2003, and 2002, respectively.

 

----
#### Harriet A. Tracy, *Respondent, v.*Alvah H. Quigley, *Appellant.*

Judgment and order affirmed, with costs.
N. Y. SUPERIOR COURT.

#### William Kern, and others agt. John Rackow.

*Special Term*

*March,*1873.

On a motion to discharge a defendant from arrest, the order of arrest or a copy thereof, and the papers upon which it was founded must be presented to the court, an affidavit stating generally then* contents is not sufficient.

A defendant cannot move fov^kn order to discharge him from arrest, before he hag been actually arrested by the officer.

Motion by defendant to vacate order of arrest.

Van Vorst, J.

Neither the order which is sought to be set aside, nor the papers on which it was granted are brought before me on this motion. The allegation in the affidavit of the attorney for the defendant, with respect to the papers he understands to be' in the sheriff’s hands for the defendant’s arrest, do not apprize the court of their contents, nor by whom, when, or for what cause the order supposed to exist, was made.

Until there be an examination of the papers by the court it cannot be determined that the order was irregularly made, but the presumption would rather be in favor of its regularity.

Upon the vague statement of the defendant’s papers, no relief can be granted him on this motion. He must bring before the court the order, or a copy with the affidavits and papers upon which it is founded.

The defendant has .not yet been arrested, nor has any attempt been made to interfere with him by the sheriff.

*444Section 204 of the Code provides that *“*a defendant arrested ” may apply to vacate the order of ai’rest.

This would seem to imply that such relief could not be asked before the order is actually served, when defendant will be in a position to know the true grounds of his arrest and can intelligently bring his case before the court.
Description of Dolby Annual Incentive Plan



 Exhibit 10.7 
  
 DESCRIPTION OF THE DOLBY ANNUAL
INCENTIVE PLAN 
  
 In order to provide incentive to exceed the Company’s projected profit and performance objectives, the Company has adopted the Dolby Annual Incentive Plan (the “Plan”). The Plan has two components: (1) a profit sharing
component, in which employees receive a bonus only if the Company achieves certain overall profit goals, and (2) a performance reward component, in which an eligible employee receives a bonus based on both Company and individual performance
objectives. The portion of the performance reward bonuses attributable to either the Company or individual performance objectives is weighted based on the employee’s position within the Company. 
  
 The awards under both components of the Plan are defined as a
percentage of base salary. The percentage of base salary for the profit sharing award is the same for each employee. The percentage of base salary for the performance reward varies by position within the Company. 
  
 The actual bonus amount payable to each employee will be
based on the percentage by which the performance objectives are met or exceeded. Bonuses payable can range from 75% to 200% of the targeted amount for the Company performance-based bonus, and up to 100% of the targeted amount for the individual
performance-based bonus. However, the Company’s chief executive officer may approve individual performance-based bonuses in excess of the 100% level. In addition, the Plan provides for discretion in awarding bonuses in excess of the maximum
individual performance-based bonus in years that the Company does not reach its performance objectives. 
  
 All employees, including the Company’s executive officers, are eligible for the profit sharing component. Only certain professional,
management and executive employees of the Company, including the Company’s executive officers, are eligible for the performance reward component. The Compensation Committee of the Company’s Board of Directors determines the Company and
individual performance objectives for the Company’s executive officers on an annual basis, which are based upon various factors including level of responsibility, individual performance, contributions to the Company’s business and the
Company’s general financial performance. 
  
 The Plan is not embodied in a formal written document. The Compensation Committee has authority to make changes to the Plan, prior to any payout, and may terminate the Plan at any time.