alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Nancy M. West et al., Petitioners, v Victor R. Grant, as Supervisor of the Town of Lake Luzerne, Warren County, Respondent.

[633 NYS2d 674]

—Per Curiam.

Proceeding initiated in this Court pursuant to Public Officers Law § 36 to remove respondent from the office of Supervisor of the Town of Lake Luzerne, Warren County.

Petitioners, residents of the Town of Lake Luzerne, Warren County, commenced this proceeding seeking removal of respondent from his position as town supervisor. The petition alleges that respondent (1) had a conflict of interest with respect to insurance contracts between the town and an insurance agency owned by respondent, (2) improperly used town gasoline in his personal vehicle, (3) failed to institute a procedure whereby tipping fees collected at the town landfill would be remitted to the town clerk on a daily basis, (4) did not enforce the procedure whereby the Town Justice must give the town board an annual accounting of money received and disbursed, (5) indulged in improper expenditures of town funds, and (6) did not ensure that purchases of certain services by the town were not taxed. Respondent denies the allegations and moves to dismiss the petition on the ground, *inter alia,*that the petition fails to state a cause of action.

The allegations of the petition, if credited, would connote a pattern of misconduct and abuse of authority *(see, Matter of DeFalco v Doetsch,*208 AD2d 1047; *Matter of Swope v Kean,*71 AD2d 972). In particular, those allegations pertaining to respondent’s interest in the town’s insurance contracts and his use of town gasoline would constitute self-dealing and conflict of interest, precisely the types of misconduct contemplated by Public Officers Law § 36 *(see, Matter of Deats v Carpenter,*61 AD2d 320, 321). Respondent’s alleged interest in the town’s insurance contracts would, if proven, constitute a violation of General Municipal Law § 803 (1). Furthermore, unauthorized use of town gasoline would, if proven, constitute larceny of public property, in itself a ground for removal from office *(see, Matter of Abare v Hatch,*21 AD2d 84, 86). Thus, the petition states a cause of action. Respondent’s remaining contentions have been examined and found to be without merit.

Crew III, J. P., Casey, Yesawich Jr., Peters and Spain, JJ., concur. Ordered that the motion to dismiss is denied, without costs.
APPENDIX C

PERCENTAGE OF ADJUSTED SAMPLE, SEPTEMBER 1960,
BY FAMILY INCOME AND AGE

Table 1. Percentage of adjusted sample, September
1960, by family income and age

Age in years

Annual family income Bond

12.17 | 18-44 | 45.64 en

over
Total ........2. “4 46] 8 12
Under $1,500... . 08 26; 36
$1,500 to $2,999. 13 38] 5 25
$3,000 to $4,499. 5 46; 29 10
$4,500 to $5,999. “ 54 27 05
$6,000 to $7,999. 16 54} 26 05
$8,000 to $9,999. 16 51 30 04
$10,000 to $14,99: 7 54 26 03
$15,000 to 19,999 1” 37 35 08
$20,000 and over .. 09 29| 40 2

97
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**





The
      undersigned, Doron Uziel, President,
      Chief Executive Officer, Chief Financial Officer, Chief Accounting Officer,
      and
      Director of
      Energtek Inc. (the “Company”), certifies, under the standards set forth and
      solely for the purposes of 18 U.S.C. 1350, as adopted pursuant to Section 906
      of
      the Sarbanes-Oxley Act of 2002, that, to his knowledge, the Quarterly Report
      on
      Form 10-QSB of the Company for the fiscal quarter ended September 30, 2006
      fully
      complies with the requirements of Section 13(a) or 15(d) of the Securities
      Exchange Act of 1934 and information contained in that Form 10-QSB fairly
      presents, in all material respects, the financial condition and results of
      operations of the Company.





Dated:
      May 15, 2007








/s/
        Doron Uziel
 Doron
        Uziel
 President,
        Chief Executive Officer, Chief
        Financial Officer, Chief Accounting Officer,
        and Director
 (Principal
        Executive, Financial, and Accounting
        Officer)


A
      signed
      original of this written statement required by Section 906 has been provided
      to
      the Company and will be retained by the Company and furnished to the Securities
      and Exchange Commission or its staff upon request.
The Honor able Sandr a S. Be ckwith, Chief Judge, U nited States District Court for the * Southern District of Ohio, sitting by desig nation. NO T F OR

F UL L- TEX T P UB LIC AT ION F ile Nam e: 07a0584n.06 F iled: August 14, 2007 No. 06-2330 UN ITED STA TES C OU RT OF AP P EA LS F OR THE SI XT H C IR CU IT

CYNTHIA MAY F IELD, P laintif f-App ellant,

v. COMMISSIONER OF SOCIAL SECURITY. Defendan t-Appellee. ) ) ) ) ) ) ) ) ) ) ) ) ON AP P EAL F RO M THE U NI TED STA TES DI STRIC T CO UR T F OR THE EASTE RN DISTRICT OF M ICHIGAN

Before: G IBBO NS and SUTTO N, Circ uit Jud ges; and BECKWITH, District Judge * P ER CURIAM . Plaintiff-appe llant Cy nthia Mae Ma

y field filed a

n application for

Soc ial Security disability benef its on March 28, 2001, a lleg ing that she bec ame disable d in J une 1999 as the re su lt o f a

n a uto mob ile a c c ide nt. In O c t o b e r 2 0 0 4 , an A dm i n i s tr a t i v e L aw Ju d g e ( A L J) found that Ma y fi e ld w a s n ot e nti tle d to dis a bil ity ins ur anc e be ne fi ts und e r t he So c ia l Se c ur ity

Ac t. May field soug ht review of the Commi ssioner’s final decision in f eder al district court. The district court g rante d the Commiss ioner’s motion for summar y judgme nt, and May field appe aled. The que stion b ef

o re t h i s court is only

whether substantial evidence supports the AL J ’s decision to deny

May field Social Secur ity benef its. The AL J ’s conclusion is not subjec t to rever sal

mere ly beca use evide nce e x ists in t he re cord that could support a diffe rent c onclusion. Mullen v.Bowen , 800 F.2d 535, 545 (6th Cir. 1986). W ith very limit ed exception, the diag nostic and objec tive medical e vidence shows no abnorma lities an d t h er efor e does not support Mayfield’s tre ating phy sicians’ c onclusion that she is totally and perma

nently disabled. As a c onsequenc e, the AL J ’s decision not to g ive these opinions controll i n g we i gh t wa s not in error. Re ad in its entirety , the

re c or d c on fi rm s th at su

bs tanti a l e vid e nc e su

pp or ts the AL J’s f

ind ingthat Ma

y fi e ld i s n ot e nti tle d to disability benef its for the re levant per iod. Be cause a pane l opinion further a ddressingthe issues raised w ould serve no jurisprudential purpose, we aff irm the district c ourt’s order g rantingsummary judgme nt to the Comm issioner on the g rounds identified by that court.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

RALPH PILGRIM,

Plaintiff, No. Civ. S-04-2573 DFL GGH

v. STATUS (Pre-trial 

 Scheduling) ORDER

CONTINENTAL CASUALTY COMPANY, and

DOES 1 through 25, inclusive,

Defendants.

 /

 

After review of the Joint Case Management Statement, the

court makes the following order:

 MOTION HEARINGS SCHEDULES

Defendants' Motion for Summary Judgment shall be filed by

July 27, 2005. Plaintiff's Opposition and Cross-Motion shall be

filed by August 24, 2005. Defendants' Opposition to Plaintiff's

Cross-Motion and Reply shall be filed by September 14, 2005. 

Plaintiff's Reply shall be filed by September 28, 2005. Hearing

on the motions shall be on October 5, 2005, at 10:00 a.m.

Case 2:04-cv-02573-JAM-GGH Document 11 Filed 04/25/05 Page 1 of 2
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

2

THE OPPOSITION AND REPLY MUST BE FILED BY 4:00 P.M. ON THE

DAY DUE.

The Court places no page limitations upon the length of the

parties' briefs; however, it is a rare motion that cannot be

persuasively and thoroughly argued in 20 pages or less.

Discovery is stayed. Defendant should make the claim file

available to plaintiff for copying. Plaintiff must make a motion

for discovery that demonstrates his entitlement to it under the

applicable ERISA case law. 

OBJECTIONS TO STATUS (PRETRIAL SCHEDULING) ORDER

This Status Order will become final without further Order of

Court unless objection is lodged within seven (7) days of the

date of the filing of this Order. 

IT IS SO ORDERED.

Dated: 4/22/2005

DAVID F. LEVI

United States District Judge

Case 2:04-cv-02573-JAM-GGH Document 11 Filed 04/25/05 Page 2 of 2
Exhibit 10.1







NINTH AMENDMENT OF


AMENDED AND RESTATED PARTICIPATION AGREEMENT





This Ninth Amendment of the Amended and Restated Participation Agreement (the “Amendment”) is made and entered into as of this 23rd day of January, 2009, by and between and Union Bank and Trust Company, a Nebraska banking corporation and trust company, solely in its capacity as trustee of various grantor trusts known as Short Term Federal Investment Trusts or other grantor trusts (“Union Bank”) and National Education Loan Network, Inc., a Nevada corporation (“Nelnet”).





WHEREAS, the parties hereto entered into that certain Amended and Restated Participation Agreement dated as of June 1, 2001, as amended (the “Agreement”), and the parties hereto wish to amend the Agreement under the terms set forth herein.





NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants herein contained, the parties hereto agree as follows:





1.           Definitions.  Unless otherwise expressly stated herein, capitalized terms in this Amendment shall have the same meanings given to them in the Agreement.





2.           Clarification of Nelnet’s Fee.  For purposes of Section 1.03 of the Agreement, Nelnet’s Fee has been previously defined to equal the difference between (i) the total of interest received with respect to such Eligible Loans contained in a participation certificate, and (ii) an amount which is above the average of the bond equivalent rates of the quotes of 3-month commercial paper (financial) in effect for each of the days in such quarter as reported by the Federal Reserve in Publication H-15 (or its successor) for the relevant 3-month period (the “H-15 Rate”), multiplied by the average aggregate principal balance of all Eligible Loans participated under the Agreement.  The parties acknowledge that prior to the effective date of this Amendment, there have been a number of days when no H-15 Rate was reported by the Federal Reserve in Publication H-15.  In order to reflect the parties’ original mutual intent and understanding, the parties further acknowledge and agree that for any day on which the H-15 Rate was not reported in the past or is not reported in the future by the Federal Reserve in Publication H-15, the H-15 Rate reported by the Federal Reserve in the most recent Publication H-15 prior thereto shall apply; and any substitute rate announced by the United States Department of Education for days on which the H-15 Rate is not reported shall not be applicable in the calculation of Nelnet’s Fee.





3.           Effect of Amendment.  This Amendment shall be effective as of the 27th day of October, 2008. Unless expressly modified or amended by this Amendment, all terms and provision contained in the Agreement shall remain in full force and effect without modification.




Union Bank and Trust Company, asTrustee


National Education Loan Network, Inc.By: /s/ Tom Sullivan


By: /s/ Darrin JamesonTitle: Vice President


Title: Director
Exhibit 8.1

         MAIN SUBSIDIARIES OF TERRA NETWORKS, S.A. AT DECEMBER 31, 2004

Company                                      Country of Incorporation
-------                                      ------------------------
Lycos Europe, N.V.                           Netherlands

Terra Networks USA LLC                       United States

Terra Networks Espana, S.A.U.                Spain

Terra Networks Latam, S.L.                   Spain

Terra Networks Argentina, S.A.               Argentina

Terra Networks Chile, S.A.                   Chile

Terra Networks Mexico, S.A. de C.V.          Mexico

Terra Networks Brasil, S.A.                  Brazil

Terra Networks Colombia, S.A.                Colombia

Terra Networks Peru, S.A.                    Peru

Terra Networks Guatemala, S.A.               Guatemala

Terra Networks Asociadas, S.L.               Spain

Azeler Automocion, S.A.                      Spain

Iniciativas Residenciales
en Internet, S.A.                            Spain

Maptel Networks, S.A.U.                      Spain

Ifigenia Plus, S.L.                          Spain

Educaterra, S.A.                             Spain

Red Universal de Marketing y Bookings        Spain
Online, S.A.

Uno-e Bank, S.A.                             Spain

OneTravel.com, Inc.                          United States
No. 52337.

protests 845852-G, etc. (Los Angeles).

#### Adolph Blaich, Inc., et al. *v.*United States,

Opinion by

Tilson, J.

It was stipulated that certain items of the merchandise consist of imitation gut similar in all material respects to that the classification of which was involved in *Bush*v. *United States*(34 C. C. P. A. 17, C. A. D. 338). Accepting this stipulation as a statement of fact and following the cited authority, the claim of the plaintiffs was sustained.
ex4-12.htm


Exhibit 4.12


 


 



FIRST AMENDMENT TO THE DHT HOLDINGS, INC.


2012 INCENTIVE COMPENSATION PLAN


 


This First Amendment (this “Amendment”) to the DHT Holdings, Inc. 2012 Incentive Compensation Plan (the “Plan”) is effective as of August 20, 2013.


 


WHEREAS, in accordance with Section 7(a) of the Plan, the board of directors (the “Board”) of DHT Holdings, Inc. (the “Company”) may, subject to the approval of the stockholders of the Company, amend the Plan to increase the maximum number of Shares for which Awards may be granted under the Plan;


 


WHEREAS, the Board adopted resolutions on March 11, 2013 approving, subject to the approval of the stockholders of the Company, a proposal to increase the number of Shares that may be delivered pursuant to Awards granted under the Plan from 455,000 to 1,075,000 (the “Proposal”);


 


WHEREAS, on June 13, 2013, in accordance with §71(3) of the Business Corporations Act of the Republic of the Marshall Islands and Section 2.08 of the Bylaws of the Company (as amended and restated), the stockholders of the Company approved the Proposal by the affirmative vote of a majority of the shares of the Company’s common stock represented at the annual meeting of stockholders of the Company.


 


NOW, THEREFORE, the Plan is hereby amended as follows:


 


1.    Amendments.  (a) The first sentence of Section 4(a) of the Plan is hereby amended and restated in its entirety as follows:


 


“Subject to adjustment as provided in Section 4(b), (i) the aggregate number of Shares that may be delivered pursuant to Awards granted under the Plan shall be 1,075,000.”


 


(b)  Upon execution of this Amendment, the Plan shall be deemed to be amended and modified accordingly, and all references to the Plan in such document shall be read to include the Plan as amended and modified by this Amendment.


 


2.    The Plan.  Except as specifically amended hereby, all of the terms and other provisions of the Plan are hereby ratified and confirmed and shall continue to be in full force and effect in accordance with their respective terms on the date hereof.  Capitalized terms used but not defined in this Amendment shall have the meanings assigned to them in the Plan.


 


3.    Headings.  The headings contained in this Amendment are for reference purposes only and shall not affect in any way the meaning or interpretation of this Amendment.


 


 


 




  





  











  






 


 


IN WITNESS WHEREOF, the undersigned, a duly authorized officer of the Company, has executed this amendment as of the date first written above.


 




	 	by	 
	 	 	 	 
	
 

	
 

	/s/ Eirik Ubøe	 
	 	 	Name:  Eirik Ubøe	 
	 	 	Title:    Chief Financial Officer
#### STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MARGARET M. LOWRY, DEFENDANT-PETITIONER.

*Mr. John W. Gilbert*for the petitioner.

*Mr. James A. O’Neill*and *Mr. Henry Gorelick*for the respondent.

March 26, 1968.

Denied.
[Federal Register Volume 72, Number 52 (Monday, March 19, 2007)]
[Notices]
[Page 12789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4986]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Notice of Effectiveness of Exempt Wholesale Generator or Foreigen 
Utility Company Status

March 13, 2007.

High Prairie Wind Farm II, LLC...  EG07-19-000
Wayzata California Power Holding,  EG07-20-000
 LLC.
Cedar Creek Wind Energy, LLC.....  EG07-21-000
Dogwood Energy LLC...............  EG07-22-000
Reliant Energy Ormond Beach, Inc.  EG07-23-000
Camp Grove Wind Farm LLC.........  EG07-24-000
Fenton Power Partners I, LLC.....  EG07-25-000
Buena Vista Energy, LLC..........  EG07-26-000
Nuovo Pignone s.p.a..............  FC07-6-000
 

    Take notice that during the month of February 2007, the status of 
the above-captioned entities as Exempt Wholesale Generators or Foreign 
Utility Companies became effective by operation of the Commission's 
regulations. 18 CFR 366.7(a).

Philis J. Posey,
Acting Secretary.
[FR Doc. E7-4986 Filed 3-16-07; 8:45 am]
BILLING CODE 6717-01-P
Exhibit
      23.1.b




**CONSENT
      OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**




We
      consent to the incorporation by reference in Registration Statement
      Nos. 333-97263, 333-132829, 333-114486, and 333-133891 on Form S-3,
      and Registration Nos. 333-132828 and 33-45618 on Form S-8 of our
      reports dated February 27, 2007, relating to the consolidated financial
      statements and financial statement schedules of Great Plains Energy Incorporated
      and subsidiaries (which report expresses an unqualified opinion and includes
      an
      explanatory paragraph regarding the adoption of new accounting standards) and
      management’s report on the effectiveness of internal control over financial
      reporting, appearing in this Annual Report on Form 10-K of Great Plains
      Energy Incorporated for the year ended December 31, 2006.






/s/DELOITTE
      & TOUCHE LLP




Kansas
      City, Missouri


February 27,
      2007
EXHIBIT 4.6

                                 PROMISSORY NOTE


FOR VALUE  RECEIVED,  the  undersigned,  POWER  KIOSKS,  INC.,  the  "Borrower")
promises to pay to the order of THOMSON  KERNAGHAN & CO, LTD.,  (the  "Lender"),
the principal amount of TWO HUNDRED AND FIFTY THOUSAND U.S. DOLLARS  (250,000.00
U.S.) (The "Loan") on the 31st day of August, 2000 (the "Maturity Date").

In  addition,  the  undersigned  promises to pay  interest,  on the  outstanding
balance of this Note at the rate of ten percent  (10%) per annum on the Maturity
Date, calculated from the Closing Date until the Maturity Date.

The Borrower shall have the right to repay any part of the Loan and/or  interest
before the Maturity Date, without penalty.

The  undersigned  waives  all right to notice of  default,  and in the event the
Borrower is in default on the  principal  or  interest  on the Loan,  the Lender
shall have the right  immediately  to demand payment of the entire amount of the
loan  (together  with  interest  thereon),  and the  Loan or any  balance  shall
thereupon become due and payable without further notice.

In  witness  whereof,  this  Promissory  Note is signed on this 5th day of June,
2000.


                                          POWER KIOSKS, INC.

                                          Per the Borrower Power Kiosks, Inc.


                                          /s/ Ronald Terry Cooke
                                          --------------------------------
                                          Ronald Terry Cooke
                                          President
**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**

| (1) | The                Report fully complies with the requirements of Section 13(a) or 15(d)                of                the Securities Exchange Act of 1934, as amended;                and |
|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| (2) | The                information contained in the Report fairly presents, in all material                respects, the financial condition and results of operations of NDS                Group                plc. |
|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| August                8, 2008 |                                                |
|-------------------------------|-----------------------------------------------------|
|                          | /s/                Abraham Peled                    |
|                          | Abraham                Peled                        |
|                          | Chairman                and Chief Executive Officer |
|                          |                                                |
|                          | /s/                Alexander Gersh                  |
|                          | Alexander                Gersh                      |
|                          | Chief                Financial Officer              |

----