alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Order entered November 19 , 2014

In The 

## Court of Appeals **Fifth District of Texas at Dallas**

No. 05

- 12

- 01313

- CV

INSURANCE ALLIANCE , Appellant/Cross

- Appellee
V. LAKE TEXOMA HIGHPORT , LLC, A ppellee /C ross - A ppellant AND BOWOOD PARTNERS, LIM ITED , Appellee/Cross

- Appellee

On Appeal from the 397th Judicial District Court Grayson County, Texas Trial Court Cause No. 08

- 0604

- 397



### O RDER

We DENY Insurance Alliance’s March 5, 2014 request to take judicial notice of Lake

Texoma Highport’s arbitration award. We also DENY Lake Texoma Highport’s November 25,

2013 motion to strike the exhibit s attached to Insurance Alliance’s reply brief.

/s/ ADA BROWN JUSTICE
<PAGE>

                                                                    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 Quarterly Report of Blue Ridge Energy, Inc. (the
"Company") on Form 10-QSB for the period ended March 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Patrick
A. Kelleher, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley
Act of 2002, that to the best of my knowledge:

    (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/ Patrick A. Kelleher
Patrick A. Kelleher
President and Chief Executive Officer
May 13, 2004
<PAGE>
                                                                  Exhibit 3.02.1

                         CERTIFICATE OF AMENDMENT OF THE
                      RESTATED CERTIFICATE OF INCORPORATION
                             OF CSK AUTO CORPORATION
   (ORIGINALLY INCORPORATED UNDER THE NAME NR HOLDINGS, INC. ON JULY 12, 1993)


      CSK AUTO CORPORATION (the "Corporation"), a corporation organized and
existing under and by virtue of the General Corporation Law of the State of
Delaware,

      DOES HEREBY CERTIFY:

      FIRST: That at a meeting of the Board of Directors of the Corporation held
on April 16, 2002, the Board of Directors unanimously approved and recommended
for approval by the stockholders of the Corporation, an amendment to the
Restated Certificate of Incorporation of the Corporation, declaring said
amendment to be advisable and calling a meeting of the stockholders of the
Corporation for consideration thereof. The undersigned, for the purpose of
amending the Restated Certificate of Incorporation of the Corporation, does
hereby certify that the proposed amendment approved by the Board of Directors of
the Corporation is as follows:

The Restated Certificate of Incorporation of the Corporation shall be amended by
changing the Article thereof numbered "FOURTH" so that, as amended, said Article
shall be and read as follows:

            "FOURTH, The total number of shares of stock which the Corporation
            shall have authority to issue is 58,000,000 consisting of shares of
            Common Stock, par value $0.01 per share ("Common Stock")."

      SECOND: That thereafter, pursuant to approval of the Board of Directors,
the proposed amendment was submitted to the stockholders of the Corporation at
the annual meeting of the stockholders of the Corporation, which was duly called
and held on June 12, 2002, upon notice in accordance with Section 222 of the
General Corporation Law of the State of Delaware, at which meeting the necessary
number of shares as required by statute were voted in favor of the amendment.

      THIRD: That said amendment was duly adopted in accordance with the
provisions of Section 242 of the General Corporation Law of the State of
Delaware.

      IN WITNESS WHEREOF, the Corporation has caused this Certificate of
Amendment of the Restated Certificate of Incorporation to be amended by its duly
authorized officer this 13th day of June, 2002.

                                    CSK AUTO CORPORATION

                                    By:   /s/ Lon B. Novatt
                                          ------------------
                                          Name: Lon B. Novatt
                                          Title:Senior Vice President
# C_2017402EN.01002901.xml

| 27.11.2017 | EN | Official Journal of the European Union | C 402/29 |
| --- | --- | --- | --- |

27.11.2017

EN

Official Journal of the European Union

C 402/29

---

Judgment of the General Court of 6 October 2017 — Falegnameria Universo dei F.lli Priarollo v EUIPO — Zanini Porte (silente PORTE & PORTE)

(Case T-386/16) (1)

1

((EU trade mark - Revocation proceedings - EU figurative mark silente PORTE & PORTE - Genuine use - Place of use - Nature of use - Use by third parties - Declaration of revocation - Right of defence - Articles 75 and 76 of Regulation (EC) No 207/2009 - Article 51(1)(a) of Regulation No 207/2009))

(2017/C 402/37)

Language of the case: Italian

Parties

Parties

Applicant: Falegnameria Universo dei F.lli Priarollo Snc (Caerano di San Marco, Italy) (represented by: B. Osti, lawyer)

Applicant:

Defendant: European Union Intellectual Property Office (represented by: S. Di Natale and L. Rampini, Agents)

Defendant:

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Zanini Porte SpA (Bosco Chiesanuova, Italy) (represented by: A. Rizzoli, lawyer)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court:

Re:

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 28 April 2016 (Case R 240/2015-1) concerning revocation proceedings between Zanini Porte and Falegnameria Universo dei F.lli Priarollo.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Falegnameria Universo dei F.lli Priarollo to pay the costs. |
| --- | --- |

2.

Orders Falegnameria Universo dei F.lli Priarollo to pay the costs.

---

(1)  OJ C 383, 17.10.2016.

1

---
**EXHIBIT 31.1**

 

**Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002**

 

I, Donald L. Tatzin, certifythat:

 

1.               Ihave reviewed this report on Form 10-Q of AXT, Inc.;

 

2.               Basedon my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

 

3.               Basedon my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

 

4.               Theregistrant’s other certifying officer and I am responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the registrant and have:

 

(a)          Designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to me by others within those entities, particularlyduring the period in which this report is being prepared;

 

(b)         Evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

 

(c)          Disclosedin this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter thathas materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

 

5.               Theregistrant’s other certifying officer and I have disclosed, based on my mostrecent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board ofdirectors:

 

(a)          Allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and

 

(b)         Anyfraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financialreporting.

 
| Dated: November 5, 2004 | By:    | /s/ Donald L. Tatzin            |
|-------------------------|--------|---------------------------------|
|                    |   | Donald L. Tatzin                |
|                    |   | Interim Chief Executive Officer |

 

----
# Attendee Report GoToWebinar

Webinar Name Webinar ID ASRAC Commercial HVAC, CRE, and WH Working Group: Meeting and Webinar 640828352 Actual Start Date/Time Actual Duration (minutes) Jul 17, 2013 09:47 AM EDT 446 Total Attended 37 

# Session Details

First Name Last Name Email CountryAddress City StateOrganization Zip Code Rodney Beever US 491 E. Princess St. York PA United CoolAir Corp. 17403 rick bostian US 5901 river oaks rd edmond OKWaterFurnace International73013 Brice Bowley US GE APPLIANCE PARK LOUISVILLE KY GE 40225 Robert Brown US 9000 conservation Way Fort Wayne IN WaterFurnace International46809 Joshua Cocciardi US 950 L'enfant plaza SW washington DCDept. of Energy 20585 Stuart Dill US 801 Croporate Centre Dr. O'Fallon MOSchneider Electric 63368 Hank Edmunds US 5005 York Drive Norman OKJohnson Controls 73069 tim hammond US 9000 conservation way fort wayne IN WaterFurnace International46809 brucw hierlmeier US 110 n oakridge dr north prairie WI zero zone 53153 Charles Hon US 2001 East Terra Lane O'Fallon MOTrue Manufacturing Co 63366-4434 Larry Howington US 1925 Ruffin Mill Road Colonial Heights VAAHRI 23834 Carl Huber US 9000 Conservation Way Fort Wayne IN WaterFurnace International, Inc. 46809 Brian Jeanes US 908 HWY 15 North New Albany MSMaster-Bilt Products 38652 Jonathan Lemmond US 2111 Wilson Boulevard Arling VAAHRI 22201 John Mandyck US 1 Carrier Place Farmington CT United Technologies 06032 John McLaughlin US 4900 Tech Blvd Auburn NY Daikin McQuay 13021 Mark Menzer US 11112 Chessington Pl Reston VA Intertek 20194 Peter Molvie US 3232 W. Lancaster Ave. Milwaukee WI Cleaver-Brooks 53022 John Morris US 539 Dunksferry Bensalem PA Continental Refrigerator 19020 Frank Myers US 3209 Galvez Avenue Fort Worth TX PVI Industries, LLC 76111 Kathy Padfield US 800 A Beaty Street Davidson NCIngersoll Rand - Trane 28036 

# General InformationDavid Ransom US 500 North Capitol Street NWWashington DCMWE 20001

wes roan US 1914 Randolph Dr. Bryan OHBard Manufacturing Co., Inc.43506 Carl Roberts US 1401 Grandview Av Oconomowoc WI Zero Zone, Inc 53066 Joe Sanders US 4401 Blue Mound Rd. Fort worth TX Traulsen 76106 Ron Shebik US 12999 St. Charles Rock RoadBridgeton MOHussmann 63044 Louis Starr US 421 SW 6th Suite 600 Portland ORNEEA 97204 Eric Truskoski US 200 Lafayette St. Middleville MI Bradford White Corporation49333 Mira Vowles US 901 NE 11th Ave, PEJD-1 Portland ORBPA 97232 Tom Walsh US 4900 Technology Prak Blvd Auburn NY Daikin McQuay 13021 kevin washington US 1250 conn ave nw washington DCitw 20036 Yoolanda Williams US AP2-121 Louisville KY General Electric 40225 Yoolanda Williams US AP2-121, Appliance Park Louisville KY General Electric 40225 Bruce Womack US 1725 Venice Circle Stockton CAbrucesgreengardener 95206 Michael Woodford US 2111 Wilson Blvd., Suite # 500Arlington VAAHRI 22201 Wes Wostal US 7300 SW 44th Street Oklahoma City OKClimateMaster 73179 ed wuesthoff US 10001 reunion place, ste 500san antonio TX Friedrich Air Conditioning Co. LTD 78216
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-6397

JOSEPH ZIADEH,

Plaintiff - Appellant,

versus

W. DAVID STUFFREGEN; MONUMENTAL INVESTMENT

CORPORATION,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern

District of Virginia, at Richmond. Richard L. Williams, Senior

District Judge. (3:05-cv-00787-RLW)

Submitted: October 18, 2006 Decided: November 17, 2006

Before TRAXLER, GREGORY, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Joseph Ziadeh, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Joseph Ziadeh appeals the district court’s order

dismissing without prejudice his civil complaint for failure to pay

the filing fee and denying relief on his Fed. R. Civ. P. 59(e)

motion to alter or amend the district court’s previous order

denying his request to proceed in forma pauperis. We have reviewed

the record and find no reversible error. Accordingly, we affirm

for the reasons stated by the district court. Ziadeh v.

Stuffregen, No. 3:05-cv-00787-RLW (E.D. Va. Feb. 13, 2006). 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.

AFFIRMED
**EXHIBIT 32.2**

 

**Certification Pursuant to 18 U.S.C.Section 1350, As Adopted Pursuant to Section 906 of theSarbanes-Oxley Actof 2002**

 

In connection with the Quarterly Report of AXT, Inc. (the “Company”) onForm 10-Q for the quarter ended March 31, 2006, as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I, WilsonW. Cheung, Chief Financial Officer of the Company, certify, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002 (“Section 906”), that, to the best of myknowledge:

 

(1) The Report fully complies with therequirements of section 13(a) of the Securities Exchange Act of 1934 (15U.S.C. 78m); and

 

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

 
| Dated: May 12, 2006 | By:    | /s/ Wilson W. Cheung    |
|---------------------|--------|-------------------------|
|                |   | Wilson W. Cheung        |
|                |   | Chief Financial Officer |

 

----
| §   | This Form 10-Q fully complies with the requirements of Sections 13(a) or 15(d) of the Securities Exchange Act of 1934, and |
|--------------------|----------------------------------------------------------------------------------------------------------------------------|

| §   | The information contained in the report fairly presents, in all material respects, the financial position and results of operations of Western Reserve Bancorp, Inc. as of and for the periods presented. |
|--------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   |  /s/ Edward J. McKeon                          |
|--------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   | Edward J. McKeon                                                                                                                                                                 |
|   | President and Chief Executive Officer                                                                                                                                            |
|   | May 16, 2011                                                                                                                                                                     |
Document

EXHIBIT 10(f)(15)



2021 Executive Long-Term Incentive Program (2021 E-LTIP)


Under the 2021 E-LTIP, executive officers of the Company are eligible to receive shares based on (i) satisfying certain performance measures established by the Compensation Committee of the Board of Directors (performance shares) for 60% of the award and (ii) continued service only (restricted stock units) for 40% of the award.


The 2021 E-LTIP performance measures and corresponding weightings are as follows:


(i) (25%) Absolute Revenue1: Total revenue measured on a cumulative basis for the three-year performance period as reported in the Company’s audited consolidated financial statements, unadjusted for currency.
(ii) (25%) Free Cash Flow1:  Net Cash provided by (used in) Operating Activities of Continuing Operations, less capital expenditures (inclusive of internal use software), measured on a cumulative basis for the three-year performance period, both as reported in the Company’s audited consolidated financial statements, as adjusted annually for the following items:
1)Costs related to acquisition, separation or divestiture to the extent any such item qualifies for separate line item disclosure on the face of the consolidated statement of income in accordance with Generally Accepted Accounting Principles consistently applied; 
2)Cash impacts from the following:
•Items individually identified within Other Expenses, net, (except for interest, currency and asset sales) and to the extent the amount is greater than $10 million pre-tax. If any such item qualifies for separate line item disclosure on the face of the consolidated statement of income in accordance with Generally Accepted Accounting Principles consistently applied, then such item will also warrant adjustment;
•Gains/(losses) from the settlement of tax audits or changes in enacted tax law (to the extent the amount is greater than $10 million pre-tax);
•Gains/(losses) resulting from acts of war, terrorism or natural disasters (to the extent the amount is greater than $10 million pre-tax);
3)Cash payments for restructurings in excess of or less than the amount reported as current restructuring reserves in the preceding year’s Annual Report; 
4)Pension contributions in excess of or less than the planned amounts for each year;
5)Impact of changes in receivables factoring programs as compared to total amount factored as of the previous year end.


(iii) (50%) Absolute Share Price: Share price will be measured based on the average of the closing price on the final twenty trading days of the performance period, inclusive of dividends during the three-year performance period.
_____________
1 Absolute Revenue and Free Cash Flow will be adjusted for:
1)Impacts of any individual acquisition in excess of $500 million purchase price; 
2)Impacts of a divestiture with revenue equal to or greater than $100 million;
3)Effects of a change in accounting principle as identified within the Company’s consolidated financial statements or MD&A.
1
IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

 

 : 

BISHNU C. BORAH, M.D., P.C., : Civil Action No. 

and BISHNUE BORAH, M.D., : 

 : 2:04-cv-03617-BMS 

 Plaintiffs, : 

 : 

v. : 

 : 

MONUMENTAL LIFE INSURANCE CO., : 

et al, : 

 :

CERTIFICATION OF SERVICE 

The undersigned counsel hereby certifies that on January 14, 2005 I caused a true and 

correct copy of the Motion to Dismiss of Sea Nine Associates together with the supporting 

Memorandum of Law and a Proposed Order, to be served via mail upon Plaintiff’s counsel of 

record and defendants’ counsel of record, addressed as follows: 

 Steven J. Fram, Esquire 

 Archer & Greiner, P.C. 

 One Centennial Square 

 Haddonfield, NJ 08033 

 Attorney for the Plaintiffs 

Christopher Leise, Esquire, 

White & Williams 

457 Haddonfield Road, Suite 400 

Cherry Hill, NJ 08002 

Attorney for Defendant Donald Murphy 
 

Charles S. Becker, Esquire 

Reed Smith, LLP 

136 Main Street, Suite 250 

Princeton, NJ 08540 

 Attorney’s for Defendant 

 

 The Law Offices of Robert M. Bovarnick 

 By: /s/ Robert M. Bovarnick 

 Robert M. Bovarnick, Esquire 

 Two Penn Center Plaza, Suite 1310 

1500 J.F.K. Boulevard 

 Philadelphia, PA 19102 

 (215) 568-4480 

 Attorney for Steven R. Ross, Kenneth Elliot, KAE 

 Consultants, Silvia Calhoun Ross 

Date: January 14, 2005
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<CIK> 0001051885
<NAME> SCOVILL FASTENERS

<S>                                        <C>
<PERIOD-TYPE>                                 6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                             952
<SECURITIES>                                         0
<RECEIVABLES>                                   16,992
<ALLOWANCES>                                     1,564
<INVENTORY>                                     18,534
<CURRENT-ASSETS>                                35,308
<PP&E>                                          87,864
<DEPRECIATION>                                  30,349
<TOTAL-ASSETS>                                 189,754
<CURRENT-LIABILITIES>                           18,606
<BONDS>                                        148,843
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                       2,016
<TOTAL-LIABILITY-AND-EQUITY>                   189,754
<SALES>                                         47,171
<TOTAL-REVENUES>                                47,171
<CGS>                                           33,227
<TOTAL-COSTS>                                   41,694
<OTHER-EXPENSES>                                (2,749)
<LOSS-PROVISION>                                    54
<INTEREST-EXPENSE>                               9,108
<INCOME-PRETAX>                                   (882)
<INCOME-TAX>                                       118
<INCOME-CONTINUING>                             (1,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (1,000)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
**Exhibit 15.1**

 

 

**CONSENT OF INDEPENDENTREGISTERED PUBLIC ACCOUNTING FIRM**

We consent to the incorporation by reference in the Registration Statement (FormF-3No. 333-207092) of América Móvil, S.A.B. de C.V. and subsidiaries, of our reports dated April 24, 2017, with respect to the consolidatedfinancial statements of América Móvil, S.A.B. de C.V. and subsidiaries, and the effectiveness of internal control over financial reporting of América Móvil, S.A.B. de C.V. and subsidiaries, included in this Annual Reporton Form 20-F for the year ended December 31, 2016. 

 

Mexico City, Mexico 

April 24, 2017
Before the Second Division,

January 19, 1945

No. 49958.

#### Protests 947848-G, etc., of Burton Webbing Co., Inc., et al. (New York).

Opinion by

Lawrence, J.

The protests were dismissed.