alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Anton D. PEARSON, Plaintiff-Appellant, v. NASSAU COUNTY MEDICAL CENTER, Defendant-Appellee.

Docket No. 00-9190.

United States Court of Appeals, Second Circuit.

June 20, 2001.

Anton D. Pearson, Hempstead, NY, pro se.

Paul F. Millus; Stewart J. Epstein, Judy H. Kim, of counsel, Snitow & Cunningham, LLP, New York, NY, for appellee.

Present LEVAL, PARKER, Circuit Judges, KEENAN,* District Judge.

*

 Honorable John F. Keenan, of the United States District Court for the Southern District of New York, sitting by designation.

SUMMARY ORDER

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the deci*37sion of the district court be and it hereby is AFFIRMED.

Plaintiff Anton D. Pearson appeals from the district court’s grant of judgment as a matter of law dismissing his complaint. The complaint alleges disability and race discrimination by his former employer, defendant Nassau County Medical Center, in violation of the Americans with Disabilities Act, 42 U.S.C. § 12101*et seq.*and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e *et seq.*

Plaintiff has submitted insufficient evidence for a reasonable trier of fact to find in his favor on either his disability or race discrimination claim. Accordingly, we AFFIRM the judgment of the district court.
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ORDER OF REMAND

PAGE -1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

SUSAN PEARCE,

Plaintiff,

v.

MICHAEL J. ASTRUE, Commissioner

of Social Security,

Defendant.

____________________________________

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CASE NO. C06-1091-JCC

ORDER OF REMAND

The Court has reviewed the entire record, including the Administrative Record, the

memoranda of the parties, and the Report and Recommendation of United States Magistrate Judge

Mary Alice Theiler. It is therefore ORDERED:

(1) The Court adopts the Report and Recommendation;

(2) The Court remands this matter for further administrative proceedings; and

(3) The Clerk shall direct copies of this Order to all counsel and to Judge Theiler.

DATED this 17th day of April, 2007.

A

John C. Coughenour

United States District Judge

Case 2:06-cv-01091-JCC Document 19 Filed 04/17/07 Page 1 of 1
No. 57497.

#### Hurricane Import Company and Frank P. Dow Co., Inc. *v.*United States,

protest 185926-K (Seattle).

*253Opinion by

Mollison, J.

It was stipulated that the two classes of merchandise are the same in all material respects as those involved in *Calif-Asia Co., Ltd.*v. *United States*(39 C. C. P. A. 133, C. A. D. 475). In accordance with stipulation of counsel and following the cited decision, the items marked “A” were held dutiable at 20 percent under paragraph 412, as modified by the General Agreement on Tariffs and Trade (T. D. 51802), and the items marked “B” were held dutiable at 12% percent under said paragraph, as modified by said T. D. 51802.
Before the Third Division,

June 23, 1949

No. 53337.

protests 120470-K/519, etc. (Chicago).

#### Philip Blum & Co., Inc., et al. *v.*United States,

*120Opinion by

Ekwall, J.

For the reasons stated in *Austin, Nichols & Co., Inc.*v. *United States*(22 Cust. Ct. 33, C. D. 1155), the claim of the plaintiffs was sustained.
Reap. Dec. 10568.

#### John L. Westland & Son, Inc. *v.*United States,

Reappraisement dismissed April 30, 1963.

Entered at Seattle, Wash. (Not published.) Motion by plaintiff.
<PAGE>   1
                       SECURITIES AND EXCHANGE COMMISSION
                              WASHINGTON, DC 20549

                            ------------------------


                                   FORM 8-K/A

                                 CURRENT REPORT
                     PURSUANT TO SECTION 13 OR 15(d) OF THE
                         SECURITIES EXCHANGE ACT OF 1934


Date of report (Date of earliest event reported)                December 4, 1997



                          Bowmar Instrument Corporation
               (Exact Name of Registrant as Specified in Charter)


             Indiana                  1-4817                      35-0905052
(State or Other Jurisdiction          (Commission               (IRS Employer
          of Incorporation)           File Number)           Identification No.)


5080 N. 40th Street, Suite 475, Phoenix, AZ                         85018
(Address of Principal Executive Offices)                          (Zip Code)


Registrant's telephone number, including area code               (602) 957-0271


          (Former Name or Former Address, if Changed Since Last Report)
<PAGE>   2
Item 7.   Exhibits

         (c) Exhibit 99: Filed herewith is a copy of the press release issued by
the Company on December 22, 1997.


                                       1
<PAGE>   3
                                   SIGNATURES

         Pursuant to the requirements of the Securities Exchange Act of 1934,
the registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.

                                      BOWMAR INSTRUMENT CORPORATION



Date:  December 22, 1997
                                      By:  /s/ Thomas K. Lanin
                                           -------------------------------------
                                           Thomas K. Lanin
                                      Its: President and Chief Executive Officer


                                       2
<PAGE>   4
                                  EXHIBIT INDEX


Exhibit 99     Press Release dated December 22, 1997


                                       3
Case No. 7,729.

#### In re KERR et al.

[9 N. B. R. 566.] 1

District Court, South Carolina. 2

1873.

Bankruptcy — Assignment op Homestead — Homestead Act — After-Contracted Debts.

1. The debts of A. were mostly contracted in 1866 and 1867. and an adjudication in bankruptcy, and the assignment of a homestead was prior to the passage of the act of March 3d, 1873 [17 Stat. 577]. *Held,*that the rights of the parties in a proceeding in bankruptcy are fixed at the date of the adjudication and that, at the date of adjudication in this case no homestead in land could have been allowed, as most of the debts were contracted prior to the new constitution of South Carolina, passed in 1868, and the various acts of the legislature, passed in accordance with the provisions of that constitution.

2. Ordered, that the assignment of a homestead be vacated, and that the assignee without delay, sell the lots assigned as a homestead, after giving the usual public notice.

[In the matter of Kerr & Roach, bankrupts.]

1

 [Reprinted by permission.]

2

**[District not given.]

BRYAN, District Judge.

There are many points raised in this case, only a few of which need be considered, in order to reach a conclusion upon the issue before the court. The following are the admitted facts in the case: (1) The debts due the petitioners were contracted in 1866 and 1867. (2) The adjudication in bankruptcy and the assignment of homestead in land by the assignees in bankruptcy were prior to the passage of the act of the 3d March, 1S73. Now without considering the question of how far congress has the power of passing laws of a retrospective effect, that affect rights already vested, I am of the opinion that the rights of the parties in a proceeding in bankruptcy are fixed at the date of the adjudication. At the date of adjudication no homestead in land could have been allowed to the bankrupts as the debts of Hutchinson and Roach, and also many other creditors had been contracted prior to the constitution of South Carolina of 1868, and the acts of the legislature passed in accordance with the provisions of that constitution. Gunn v. Barry [15 Wall. (82 U. S.) 610]. If no homestead could be allowed under the state laws, it follows, that neither the bankrupt act, nor the act of June, 1872 [17 Stat. 334], can give these bankrupts a homestead in land. The late decision of Bond, J. (In re Dillard [Case No. 3,912]) fully confirms these views. It is, therefore, ordered that the assignment of homestead in land be vacated; and that the assignees do, without delay, sell for cash the lots assigned as homestead, after giving the usual public notice; and that the proceeds of such sale be applied in accordance with the orders heretofore made in this ease.
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26 MINUTE ORDER

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

DOCUSIGN, INC.,

Plaintiff(s),

v.

HEALTH APPLICATIONS, INC.,

Defendant(s).

NO. C06-907P 

MINUTE ORDER

The following minute order is made by the direction of the court, the Honorable Marsha J.

Pechman:

Plaintiff’s Motion for Preliminary Injunction is hereby re-noted to August 24, 2006. 

Defendant shall file any responsive pleadings by no later than August 23, 2006.

Filed this 10th day of August, 2006.

BRUCE RIFKIN, Clerk

By /s Mary Duett

Deputy Clerk

Case 2:06-cv-00907-MJP Document 13 Filed 08/10/06 Page 1 of 1
No. 76-687.

#### Camenisch et al. *v.*United States et al.

C. A. D. C. Cir. Certiorari denied.
<PAGE>
                                                                      EXHIBIT 31

                         SARBANES-OXLEY ACT SECTION 302

I, Russell A. Cronin , Jr., certify that:

I have reviewed this annual report on Form 10-K, and all reports on Form 8-K
containing distribution or servicing reports filed in respect of periods
included in the year covered by this annual report, of National City Credit Card
Master Note Trust;

1. Based on my knowledge, the information in these reports, taken as a whole,
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 as of the
last day of the period covered by this annual report;

2. Based on my knowledge, the distribution or servicing information required to
be provided to the trustee by the servicer under the pooling and servicing, or
similar, agreement, for inclusion in these reports is included in these reports;

3. I am responsible for reviewing the activities performed by the servicer under
the pooling and servicing, or similar, agreement and based upon my knowledge and
the annual compliance review required under that agreement, and except as
disclosed in the reports, the servicer has fulfilled its obligations under that
agreement; and

4. The Report of Management on the controls over servicing of the National City
Credit Card Master Trust discloses all significant deficiencies relating to the
servicer's compliance with the minimum servicing standards based upon the report
provided by an independent public accountant, after conducting a review in
compliance with the Uniform Single Attestation Program for Mortgage Bankers or
similar procedure, as set forth in the pooling and servicing, or similar,
agreement.

5. In giving the certifications above, I have reasonably relied on information
provided to me by the following unaffiliated party: Bank of New York.

Date: March 29, 2006


By: /s/ Russell A. Cronin, Jr.
    ---------------------------------
        Russell A. Cronin, Jr.
        Senior Vice President
        National City Bank
IV

106TH CONGRESS

2D SESSION H. CON. RES. 245

To correct technical errors in the enrollment of the bill H.R. 764.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 1, 2000

Mr. JENKINS submitted the following concurrent resolution; which was

considered and agreed to

CONCURRENT RESOLUTION

To correct technical errors in the enrollment of the bill

H.R. 764.

1 Resolved by the House of Representatives (the Senate

2 concurring), That in the enrollment of the bill (H.R. 764)

3 to amend the Victims of Crime Act of 1984, with respect

4 to certain increases in funds, the Clerk of the House shall

5 make the following corrections:

6 In section 104(a)(1), in the matter amending section

7 1402(d)(2) of the Victims of Crime Act of 1984—

8 (1) strike ‘‘the next’’ the first place it appears

9 and insert ‘‘The first’’; and
2

HCON 245 ATH

1 (2) strike ‘‘the next’’ the second place it ap2 pears and insert ‘‘the first’’.

Æ
|   | (a)    | the      Report fully complies with the requirements of Section 13(a) or 15(d) of      the Securities Exchange Act of 1934, as amended; and                                              |   |
|--------|--------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|
|   |   |                                                                                                                                                                                     |   |
|   | (b)    | the      information contained in the Report fairly presents, in all material      respects, the financial condition and results of operations of LandAmerica      Financial Group, Inc. |   |

| By:    | /s/      G. William Evans                                 |   |   | Date:  | November      10, 2008 |
|--------|-----------------------------------------------------------|--------|--------|--------|------------------------|
|   | G.      William Evans                                     |   |   |   |                   |
|   | Executive      Vice President and Chief Financial Officer |   |   |
##### 



Exhibit 10.29
 SIXTH AMENDMENT TO SECOND AMENDED AND RESTATED LEASE ANDLICENSE FINANCING AND PURCHASE OPTION AGREEMENT
 THIS SIXTH AMENDMENT TO SECOND AMENDED AND RESTATED LEASE AND LICENSE FINANCING AND PURCHASE
OPTION AGREEMENT Amendment ARABICA FUNDING, INC. Arabica CARIBOU COFFEE COMPANY, INC. Company
 RECITALS
 Master Lease
  NOW, THEREFORE
 I. AMENDMENTS TO MASTER LEASE AND CONSENT
 Definitions
  Consolidated EBITDA plus minus




---



##### 



Applicable Margin for
    
    Applicable Margin forConsolidated
Senior
    
    Eurodollar Rate based
    
    COF Rate based Rental
    
    Third Rent ComponentLeverage
Ratio
    
    Rental Rate Calculations
    
    Rate Calculations
    
    RateGreater than or equal to
1.0 to 1.0
    
    
    3.00
    %
    
    
    4.00
    %
    
    
    0.500
    %Greater than or equal
to 0.5 to 1.0 but less
than 1.0 to 1.0
    
    
    2.50
    %
    
    
    3.50
    %
    
    
    0.375
    %Less than 0.5 to 1.0
    
    
    2.25
    %
    
    
    3.25
    %
    
    
    0.375
    %
   Financial Covenants
 1.
    
    By amending and restating Section 20(a) in its entirety as follows:
 Maximum Consolidated Senior Leverage Ratio Consolidated Senior Leverage Ratio
 2.
    
    By amending and restating Section 20(b) in its entirety as follows:
 Minimum Consolidated EBITDA
 3.
    
    By amending and restating Section 20(c) in its entirety as follows:
 Minimum Interest Coverage Ratio
 - 2 -




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##### 



Minimum InterestQuarterly
Dates
    
    Coverage RatioJanuary 1, 2008 through June 30, 2008
    
    
    1.38:1.00July 1, 2008 through September 30, 2008
    
    
    1.40:1.00October 1, 2008 and thereafter
    
    
    1.45:1.00
 4.
    
    By amending and restating Section 20(d) in its entirety as follows:
 Maximum Capital Expenditures
 5.
    
    By amending and restating Section 20(e) in its entirety as follows:
 New Store Commitments less
 No Further Amendments
 III. REFERENCES IN THE LEASE/PURCHASE DOCUMENTS; CONFIRMATION OF SECURITY .
 IV. REPRESENTATIONS, WARRANTIES AND COVENANTS
  - 3 -




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##### 



V. MISCELLANEOUS .
    [The next pages are the signature pages.]
 - 4 -




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##### 



IN WITNESS WHEREOF,
 ARABICA FUNDING, INC.By:
    
    /s/ Bernardo J. AngeloName: Bernardo J. AngeloTitle: Vice presidentCARIBOU COFFEE COMPANY, INC.By:
    
    /s/ Dan E LeeName: Dan E. LeeTitle: Vice President, General Counsel andSecretary




---



##### 



CONSENT AND ACKNOWLEDGEMENT
 Amendment
  CARIBOU HOLDING COMPANY LIMITEDBy:
    
    /s/ Henry A. ThompsonName: Henry A. ThompsonTitle: DirectorCARIBOU COFFEE COMPANY, INC.By:
    
    /s/ Dan E. LeeName: Dan E. LeeTitle: Vice President, General Counsel and SecretaryCARIBOU ON PIEDMONT, INC.By:
    
    /s/ Michael E. PetersonName: Michael E. PetersonTitle: Vice PresidentCARIBOU ACQUISITION COMPANYBy:
    
    /s/ Michael E. PetersonName: Michael E. PetersonTitle: Vice President
Exhibit 32.1

CERTIFICATION CHIEF EXECUTIVE OFFICER 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 quarterly report on Form 10-Q of Artisoft, Inc. (the Company) for the period ended September 30, 2004 as filed with the Securities and Exchange Commission on the date
hereof (the Report), the undersigned, William Y. Tauscher, Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, 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: February 21, 2006 |  | /s/ WILLIAM Y. TAUSCHER |  | William Y. Tauscher
|                        |  | Chief Executive Officer |  |
<PAGE>   1
                                  EXHIBIT 23.1



                         CONSENT OF INDEPENDENT AUDITORS



The Board of Directors
New Mexico and Arizona Land Company:

We consent to the use of our report incorporated herein by reference.


KPMG PEAT MARWICK LLP

Phoenix, Arizona
January 7, 1998
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 Quarterly Report of Startech Environmental Corporation
(the "Company") on Form 10-Q for the quarter ended April 30, 2006 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Peter J. Scanlon, Chief Financial Officer, Treasurer and Secretary 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.




By: /s/ Peter J. Scanlon
------------------------
    Peter J. Scanlon
    Chief Financial Officer, Treasurer and Secretary
    June 9, 2006



The foregoing certification is being furnished solely pursuant to 18 U.S.C.
ss.1350 and is not being filed as part of the Report or as a separate disclosure
document.
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ORDER

PAGE - 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

JOHNATHAN JAMES WISE, ) 

)

 Petitioner, ) CASE NO. C06-373-RSM 

)

 v. )

) ORDER DISMISSING FEDERAL

) HABEAS PETITION

SANDRA CARTER, ) 

)

Respondent. ) 

____________________________________)

The Court, having reviewed the Petition for Writ of Habeas Corpus, Respondent’s

Answer, Petitioner’s Response, the Report and Recommendation of the Honorable Monica J.

Benton, United States Magistrate Judge, and the remaining record, finds and Orders as follows:

(1) The Court adopts the Report and Recommendation;

(2) Petitioner’s petition for writ of habeas corpus (Dkt. #6), and this action, are 

DISMISSED, without prejudice, for lack of jurisdiction. 

(3) The Clerk is directed to send copies of this Order to Petitioner, to counsel for

Respondent and to the Honorable Monica J. Benton.

DATED this _22_ day of August , 2007.

A

RICARDO S. MARTINEZ

UNITED STATES DISTRICT JUDGE 

Case 2:06-cv-00373-RSM Document 38 Filed 08/22/07 Page 1 of 1
**EXHIBIT 32.1**
**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350**
In connection with the Quarterly Report on Form 10-Q of Medwave, Inc. (the “Company”) for thequarterly period ended March 31, 2005, as filed with the Securities and Exchange Commission on May13, 2005 (the “Report”), the undersigned, in the capacities and dates listed below, herebycertifies that:
 (1)  The Report fully complies with the requirements of Section 13(a) or 15(d), asapplicable, of the Securities Exchange Act of 1934; and  (2)  The information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company.
This Certification is provided solely pursuant to 18 U.S.C. Section 1350, and Item 601(b)(32) ofRegulation S-K promulgated under the Securities Act of 1933, as amended, and shall not be deemedpart of the Report or “filed” for any purpose whatsoever, nor shall it be deemed incorporated byreference into any filing under the Securities Act of 1933 or the Securities Exchange Act of 1934.
Date: May 13, 2005      By: /s/ Timothy J. O’Malley       Timothy J. O’Malley   President and Chief Executive Officer   (Principal Executive Officer and Principal Financial Officer)
26
EXHIBIT 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       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 Mondas Minerals Corp. (the "Company") on
Form 10-K for the year ending June 30, 2010 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Scott Bengfort, Chief
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 result of operations of
          the Company.

IN WITNESS WHEREOF, the undersigned has executed this certification as of the
7th day of September, 2010.


/s/ Scott Bengfort
-------------------------------
Chief Executive Officer
No. 57773.

protests 190961-K, etc. (Boston).

#### W. N. Proctor Co., Transferee *v.*United States,

Opinion by

Oliver, C. J.

It was stipulated that for duty purposes the clean content of the wool in question was determined in accordance with the instructions contained in T. D. 53159. Said T. D. 53159 was issued following the decision in *Fred Whitaker Company, Inc.*v. *United States*(27 Cust. Ct. 168, C. D. 1365), affirmed in *United States*v. *Fred Whitaker Company, Inc.*(40 C. C. P. A. 19, C. A. D. 492), wherein the statutory language, clean content of wool, as used in paragraph 1102 (b), was construed to mean the product commercially usable as wool and from which all the weight of grease and foreign material has been removed, including the wool fibers which are unavoidably and irrevocably lost as a result of commercially applied cleaning processes. Accordingly, the wool in question was held dutiable at the rate applied by the collector on the basis of the percentages of clean content as set forth in the column headed “Clean Content under T. D. 53159” in the schedule attached to and made a part of the decision in this case.