alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 94-7458

DWAYNE T. MAYERS,

Petitioner - Appellant,

versus

SEWALL SMITH, Warden; J. JOSEPH CURRAN, JR.,

Attorney General for the State of Maryland,

Respondents - Appellees.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. M. J. Garbis, District Judge. (CA-94-1361-

MJG)

Submitted: January 23, 1996 Decided: February 8, 1996

Before MURNAGHAN, HAMILTON, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Dwayne T. Mayers, Appellant Pro Se. John Joseph Curran, Jr.,

Attorney General, Ann Norman Bosse, OFFICE OF THE ATTORNEY GENERAL

OF MARYLAND, Baltimore, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant seeks to appeal the district court's order denying

relief on his 28 U.S.C. § 2254 (1988) petition. We have reviewed

the record and the district court's opinion accepting the recommendation of the magistrate judge and find no reversible error.

Accordingly, we deny a certificate of probable cause to appeal and

dismiss the appeal on the reasoning of the district court. Mayers

v. Smith, No. CA-94-1361-MJG (D. Md. Nov. 23, 1994). We dispense

with oral argument because the facts and legal contentions are

adequately presented in the materials before the court and argument

would not aid the decisional process.

DISMISSED
Document

Exhibit 10.30

Amendment # 2 to
UPLAND SOFTWARE, INC.


EXECUTIVE EMPLOYMENT AGREEMENT


    This Amendment #2 to the Executive Employment Agreement by and between Upland Software, Inc., a Delaware corporation (the “Company”) and Timothy Mattox (“Executive”) dated March 28, 2017 and amended March 13, 2019 (“Original Agreement”), is entered into as of November 12, 2020.


RECITALS


WHEREAS, the Company and Executive desire to amend Paragraph 3(b) of the Original Agreement as of the Effective Date.
AMENDMENT


Paragraph 3(b) is hereby deleted and replaced in its entirety with the following:


    “3(b) Target Bonus. During the Employment Term, Executive will be eligible to receive an annual bonus targeted at 150% of Executive’s Base Salary, less applicable withholdings, upon achievement of performance objectives to be determined by the Board in its sole discretion, 50% of which shall be based upon achievement of Adjusted EBITDA targets and 50% of which shall be based upon the achievement of acquisitions targets (the “Target Bonus”).  Any Bonus will be earned only if the Company achieves the annual performance objectives during the designated time period and Executive is continuously employed by the Company on the date that such performance objectives are achieved.  The actual amount of the Bonus may be less than or greater than the Target Bonus based on the level at which the Company achieves the annual performance objectives during the designated time period.  The Company shall pay such Bonus at the same time as bonuses are normally paid to senior management, unless the Board approves an exception for payment of a particular bonus on a case by case basis, but in any event, any earned Bonus shall be paid no later than two months and 15 days after the end of the Company’s taxable year in which such Bonus was earned.”


Except as specified in this Amendment #2, all terms and conditions of the Original Agreement shall continue in full force and effect and otherwise remain unchanged.


    









Exhibit 10.30

IN WITNESS WHEREOF, each of the parties has executed this Amendment # 2 to the Agreement, in the case of the Company by their duly authorized officers, as of the day and year first above written.


                            “COMPANY”
                            Upland Software, Inc.




                            By:  /s/ Kin Gill            
                            Title:  SVP, General Counsel and Secretary
    Address:    401 Congress Ave., Ste. 1850
        Austin, TX 78701


    “EXECUTIVE”


    /s/ Timothy Mattox        
    Timothy Mattox
    Address:
<TABLE> <S> <C>


<ARTICLE>                     5
<MULTIPLIER>                                   1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-26-1999
<PERIOD-START>                                 DEC-28-1998
<PERIOD-END>                                   MAR-28-1999
<CASH>                                          10,353
<SECURITIES>                                         0
<RECEIVABLES>                                   16,628
<ALLOWANCES>                                      (705)
<INVENTORY>                                     19,058
<CURRENT-ASSETS>                                52,820
<PP&E>                                          74,964
<DEPRECIATION>                                  34,929
<TOTAL-ASSETS>                                 111,620
<CURRENT-LIABILITIES>                           49,580
<BONDS>                                         32,585
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        22,235
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                   111,620
<SALES>                                         98,445
<TOTAL-REVENUES>                               101,080
<CGS>                                           84,167
<TOTAL-COSTS>                                   84,167
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   226
<INTEREST-EXPENSE>                                 356
<INCOME-PRETAX>                                   (267)
<INCOME-TAX>                                       (77)
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      (190)
<EPS-BASIC>                                    (0.05)
<EPS-DILUTED>                                    (0.05)



</TABLE>
Exhibit
10.19


 


 


 


[PHILADELPHIA
BROKERAGE CORPORATION LETTERHEAD]


 


 


Mr. James Crabbe


Chairman


Vendingdata Corporation


6830 Spencer Street


Las Vegas,
Nevada  89119


March 1, 2003


Dear Jim:


Philadelphia Brokerage
Corporation agrees to act in the capacity of Financial Advisor for a period of
1 year, beginning March 1, 2003.


PBC will assist
Vendingdata Corporation in structuring and raising additional working capital.


PBC will visit with
Management on at least a quarterly basis (in Las Vegas), for strategic reviews.


PBC will also review
product acquisitions, and generally assist in all aspects of business planning.


Our fees for these
services would be 75,000 shares of unrestricted common stock.  We look forward to continuing our work with
Vendingdata Corporation.


Sincerely,


	
  /s/ ROBERT A.
  FISK

  	
   

  	
  /s/ JAMES E.
  CRABBE

  
	
  Robert A. Fisk

  	
   

  	
  Jim Crabbe

  
	
  Senior Partner

  	
   

  	
  Chairman

  
	
  Philadelphia
  Brokerage Corporation

  	
   

  	
  Vendingdata
  Corporation
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 536 Introduced in House (IH)]

<DOC>

115th CONGRESS
  1st Session
H. RES. 536

   Expressing support for the designation of September 25, 2017, as 
                       ``National Lobster Day''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 25, 2017

  Mr. Poliquin (for himself and Ms. Pingree) submitted the following 
   resolution; which was referred to the Committee on Oversight and 
                           Government Reform

_______________________________________________________________________

                               RESOLUTION

 
   Expressing support for the designation of September 25, 2017, as 
                       ``National Lobster Day''.

Whereas the American lobster is recognized around the world as a prized and 
        flavorful culinary delicacy;
Whereas lobster fishing has served as an economic engine and family tradition in 
        the United States for centuries;
Whereas thousands of families in the United States make their livelihoods from 
        lobster fishing and processing;
Whereas, with approximately 150,000,000 pounds of lobster landed each year in 
        the United States, at an annual value of more than $500,000,000, lobster 
        represents one of the most valuable catches in the United States;
Whereas foreign markets for lobster from the United States are booming, with 
        export values having nearly tripled since 2005;
Whereas historical lore notes that lobster likely joined turkey on the table at 
        the very first Thanksgiving feast in 1621;
Whereas responsible lobstering practices beginning in the 1600s have created one 
        of the most sustainable fisheries in the world;
Whereas 2017 marks the 145th anniversary of lobster conservation efforts in the 
        United States, starting with a Maine law banning the harvest of egg-
        bearing females;
Whereas, throughout history, United States Presidents have served lobster at 
        their inaugural celebrations and state dinners with international 
        leaders;
Whereas lobster is an excellent, versatile source of lean protein that is low in 
        saturated fat and high in vitamin B12;
Whereas the peak of the lobstering season in the United States occurs in the 
        late summer;
Whereas the preservation and long distance transportation of lobster meat was 
        first achieved 175 years ago with the advent of a canning process;
Whereas lobster has become a culinary icon, with the lobster roll featured at 
        the 2015 World Food Expo in Milan, Italy; and
Whereas lobster is enjoyed at casual beach-side lobster boils and also revered 
        as a delicacy at fine dining restaurants: Now, therefore, be it
    Resolved, That the House of Representatives encourages the people 
of the United States to observe National Lobster Day with appropriate 
ceremonies and activities.
                                 <all>
```
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 9
<MULTIPLIER> 1,000      
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1999
<PERIOD-END>                               DEC-31-1998
<CASH>                                           1,929
<INT-BEARING-DEPOSITS>                          63,055
<FED-FUNDS-SOLD>                                 4,225
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     10,403
<INVESTMENTS-CARRYING>                          11,511
<INVESTMENTS-MARKET>                            11,550
<LOANS>                                        205,145
<ALLOWANCE>                                        835
<TOTAL-ASSETS>                                 303,889
<DEPOSITS>                                     207,141
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                              3,441
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            46
<OTHER-SE>                                      93,261
<TOTAL-LIABILITIES-AND-EQUITY>                 303,889
<INTEREST-LOAN>                                  4,079
<INTEREST-INVEST>                                1,291
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                                 5,370
<INTEREST-DEPOSIT>                               2,870
<INTEREST-EXPENSE>                               2,870
<INTEREST-INCOME-NET>                            2,500
<LOAN-LOSSES>                                       75
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                    977
<INCOME-PRETAX>                                  1,513
<INCOME-PRE-EXTRAORDINARY>                       1,513
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       965
<EPS-PRIMARY>                                     0.23
<EPS-DILUTED>                                        0
<YIELD-ACTUAL>                                    3.35
<LOANS-NON>                                      1,117
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                   432
<LOANS-PROBLEM>                                  1,205
<ALLOWANCE-OPEN>                                   760
<CHARGE-OFFS>                                        0
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                  835
<ALLOWANCE-DOMESTIC>                               835
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
<PAGE>   1
 
                                                                    EXHIBIT 23.3
 
                    CONSENT OF THE COIN LAUNDRY ASSOCIATION
 
   
     The Coin Laundry Association hereby consents to all references made to it
and to all facts and figures in the 1997 survey conducted on behalf of and
published by the Coin Laundry Association in Amendment No. 6 to the Registration
Statement on Form S-1 of SpinCycle, Inc. (Registration No. 333-57989), as filed
with the Securities and Exchange Commission on November 24, 1998.
    
 
                                          Coin Laundry Association
 
                                          By /s/ GEORGE PISTONA
 
                                            ------------------------------------
                                          Name George Pistona
                                          Title   Deputy Executive Director
 
Coin Laundry Association
Downers Grove, Illinois
   
November 24, 1998
Case No. 6,629.

#### HOLMEAD v. MADDOX.

[2 Cranch, C. C. 161.] 1

Circuit Court, District of Columbia.

Dec. Term, 1818.

Covenant — Defence—Contra Bonos Moses.

The owner of a race-field, who knowingly lets it for the purpose of public races, and for booths and stands for the accommodation of licentious and disorderly persons for the purposes of unlawful gambling and of gross immorality and debauchery, to the corruption of morals and manners, cannot recover the rent in an action of covenant.

[This was an action at law by John Hol-mead against John Maddox.]

Covenant for non-payment of $400, being the balance due for a year’s rent of a race-field, upon an agreement under seal, dated January 17, 1817, at $700 a year, for five years. In the agreement it is called “The Washington City Race-field,” and included “stables and sheds for the purpose of training race-horses in, for the spring and fall races, and also for match races.”

Mr. Jones, for defendant,

prayed the court to instruct the jury, that if they “should find, from the evidence, that before the execution of the lease, the said race-course, when used as such, was a notorious resort for large assemblages of licentious and disorderly persons for the purposes of unlawful gambling and of gross immorality and debauchery;” and that the plaintiff, at the time of making the said lease, knew that such practices were the ordinary concomitants of a race-course, when used as such, and especially of the racecourse in question, and had reasonable ground to believe that the defendant intended to rent out booths and stands thereupon, to which such licentious, disorderly, and gambling persons would naturally resort, and for their accommodation; and that the said race-course, long before the said demise, and ever since, when used as a race-course, has been an of-fence and scandal to all moral and sober persons, and notoriously tended to the corruption of morals and manners, and that the plaintiff had reasonable ground to conclude that it would be so continued, and that, in fact, it has so continued under the said lease, then he is not entitled to recover in this action.

Mr. Key, contra,

contended that racing, in itself, is not unlawful, and that the defendant might have prevented all the evils attending it, and prevented it from becoming a nuisance. It was his own fault, not the plaintiff’s.

But THE COURT

(THRUSTON, Circuit Judge, absent)

gave the instruction prayed by Mr. Jones.

Verdict for defendant.
(Reap. Dec. 10280)

Entry Nos. 3297; 3636; 3641.

#### F. W. Myers & Co., Inc. *v.*United States

(Decided June 25, 1962)

*Barnes, Richardson & Colburn*for the plaintiff.

*Joseph D. G-uilfoyle,*Acting Assistant Attorney General, for the defendant.

OliveR, Chief Judge:

The appeals for reappraisement enumerated in schedule “A,” attached hereto and made a part hereof, are before me for decision on a written stipulation, reading as follows:

> IT IS HEREBY STIPULATED AND AGREED that the items on the invoices covered by the reappraisement appeals listed in Schedule A, attached hereto and made a part hereof, which are marked “A” and initialed H.G.W., J.W.C. (Examiner’s Initials) by Examiner Henley G. Webster, J. W. Chugg (Examiner’s Name) consist of vat-lined pulpboard similar in all material respects to the merchandise the subject of A. *N. Deringer, Inc.*v. *United States,*Reap. Dec. 9927, and therein held *to*be dutiable on the basis *oí*export value under Sec. 402(b), Tariff Act of 1930 as amended by the Customs Simplification Act of 1956; that the record in said Reap. Dec. 9927 may be incorporated herein; that at the time of exportation said export value was the invoice price; and that the instant appeals may be submitted upon this stipulation.

On the agreed facts and following the cited decision on the law, I find that the proper basis for appraisement of the merchandise in question, as hereinabove identified, is export value, as defined in section 402 (b) of the Tariff Act of 1930, as amended, and hold that such statutory value therefor is the invoice price.

Judgment will be rendered accordingly.
The News Journal

AFFIDAVIT OF PUBLICATION

STATE OF DELAWARE COUNTY OF NEW CASTLE

Personally appeared before me this 26th day ofJuly, 2009:

I, Kristin Segner, of the NEWS JOURNAL COMPANY, a daily newspaper printed and

published in the County of New Castle County, State of Delaware, who, being duly sworn statesthat the advertisement of SD DNREC AIR RESOURCE — Notice of Public Hearing — 1990

Clean Air Act

was published in THE NEWS JOURNAL on N/A

and/or THE SUNDAY NEWS JOURNAL on July 26, 2009

tir’iS r Legal Coordinator

ame Title

Sworn to before me this 26th day ofJuly, 2009

Notary

tJ

Public

Wanda James

Notary Public

State of Delaware

Commission expires 11/02/2012
No. 68574.

protest 62/4856 (Buffalo).

#### C. J. Tower & Sons of Buffalo, Inc. *v.*United States,

Opinion by

Lawrence, J.

In accordance with stipulation of counsel that the merchandise consists of granular or sponge iron similar in all material respects to that the subject of *John V. Carr & Son, Inc.*v. *United States*(50 Cust. Ct. 29, C.D. 2384), the claim of the plaintiff was sustained.
# Fourth Court of Appeals

San Antonio, Texas

May 13, 2016

No. 04

- 16

- 00063

- CV

TEAL TRADING AND DEVELOPMENT, LTD

. ,

Appellant

v.

CHAMPEE SPRINGS RANCHES PROPERTY OWNERS ASSOC.

, Appellee

From the 216th Judicial District Court, Kendall County, Texas

Trial Court No. 06

- 500A Honorable N. Keith Williams, Judge Presiding



### O R D E R

The district clerk’s request for an extension of time to file the clerk’s record is GRANTED. The clerk’s record is due on June 10, 2016

.

______________ ___________________ Karen Angelini, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 13th day of May, 2016

.

_________________ __________________ Keith E. Hottle

Clerk of Court