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

 

 

Order Michigan Supreme Court 

Lansing, Michigan 

December 29, 2006 Clifford W. Taylor,

 Chief Justice 

131966 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 131966 

 COA: 264594 

Oakland CC: 04-195032-FH 

ROY EDGAR WHITE,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the August 14, 2006 

order of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the question presented should be reviewed by this Court. 

WEAVER and KELLY, JJ., would direct the Court of Appeals to accept the 

defendant’s Standard 4 brief. 

t1220 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

December 29, 2006 

Clerk
<PAGE>   1
                                                                    EXHIBIT 21.1
                           SUBSIDIARIES OF THE COMPANY

         The following table sets forth all subsidiaries of Smith International,
Inc., other than inactive and insignificant subsidiaries that, considered in the
aggregate, would not constitute a significant subsidiary, indicating the
percentage of issued and outstanding voting securities beneficially owned by it:

<TABLE>
<CAPTION>
                                                                       % of Direct
                                    Where                              and Indirect
Name of Subsidiary                  Incorporated                        Ownership
------------------                  ------------                       ------------
<S>                                 <C>                                <C>
Smith Internacional,
 S.A. de C.V.                       Mexico                                     100%
Omega II Insurance Ltd.             Bermuda                                    100%
S.I. Nederland B.V.                 Netherlands                                100%
Smith International
 Acquisition Corp.                  Delaware                                   100%
Smith International
 Australia (Pty) Ltd.               Australia                                  100%
Smith International
 Canada Ltd.                        Canada                                     100%
Smith International
 do Brasil Ltda.                    Brazil                                     100%
Smith International
 Deutschland GmbH                   Germany                                    100%
Smith International
 Gulf Services Ltd.*                U.A.E.                                      49%
Smith International
 France, S.A.R.L.                   France                                     100%
Smith International
 Italia, S.p.A.                     Italy                                      100%
Smith International
 (North Sea) Ltd.                   Scotland                                   100%
Smith Internacional
 de Venezuela, C.A.                 Venezuela                                  100%
</TABLE>

----------

* Not consolidated; accounted for on the equity method of accounting.

Except as indicated, all of the above subsidiaries are included in the Company's
consolidated financial statements.
EXHIBIT 23.2


                         Consent of Independent Auditors


We consent to the incorporation by reference in:

o    Form S-3  (Registration  No.  333-51963)  dated  May 6,  1998  and  related
     Prospectus
o    Form S-8  (Registration No. 333-15081) dated October 30, 1996 pertaining to
     Imatron Inc. Stock Bonus Incentive Plan
o    Form S-3  (Registration  No. 333-11515) dated September 6, 1996 and related
     Prospectus
o    Form S-8  (Registration  No.  333-9989) dated August 12, 1996 pertaining to
     Imatron, Inc. 1994 Employee Stock Purchase Plan
o    Form S-3  (Registration  No.  333-6749)  dated  June 25,  1996 and  related
     Prospectus
o    Form S-3  (Registration  No.  333-3529)  dated  May 10,  1996  and  related
     prospectus
o    Form S-3  (Registration  No.  333-647)  dated  February 2, 1996 and related
     prospectus
o    Form S-3  (Registration  No.  33-63123)  dated  October 2, 1995 and related
     prospectus
o    Form S-8 (Registration No. 33-61179) dated July 20, 1995 pertaining to 1993
     Stock Option Plan
o    Form S-8  (Registration No. 33-71786) dated November 15, 1993 pertaining to
     1994 Employee Stock Purchase Plan
o    Form S-8  (Registration  No.  33-66992)  dated August 3, 1993 pertaining to
     1993 Stock Option Plan
o    Form S-8  (Registration  No.  33-66952)  dated August 3, 1993 pertaining to
     1991 Non-Employee Directors' Stock Option Plan
o    Form S-8  (Registration  No.  33-40391)  dated  May 6, 1991  pertaining  to
     Director Stock Option Grant
o    Form S-8  (Registration No. 33-28662) dated May 11, 1989 pertaining to 1983
     Stock Option Plan
o    Form S-8  (Registration  No. 33-26833) dated February 3, 1989 pertaining to
     1984 Employee Stock Participation Plan

of our report dated  February 14, 1997,  except for Note 17 as to which the date
is April 10, 1998,  with respect to the  consolidated  financial  statements and
schedule of Imatron,  Inc.  included in the Annual  Report on Form 10K/A for the
year ended December 31, 1996.


ERNST & YOUNG LLP

San Francisco, California
March 30, 1999
(Reap. Dec. 9887)

#### J. C. Penny Co. Frank P. Dow Co., Inc., *of*L.A. *v.*United States

Entry No. 44008.

(Decided December 29, 1960)

*Sharretts, Paley & Carter*for the plaintiffs.

*George Cochran Douh,*Assistant Attorney General, for the defendant.

Mollison, Judge:

Counsel for the parties have submitted the above-entitled appeal for reappraisement for .decision upon a stipulation on the basis of which I find that export value, as defined in section 402(d), Tariff Act of 1930, is the proper basis for the determination of the value of the merchandise marked “A” and checked HN by Examiner Hidetaki Nakaki. on the invoices, and that such value in each instance is the unit appraised value, net, packed, less the amounts shown on the invoices for inland freight and other inland charges.

Judgment will issue accordingly.
Exhibit 32.1

                        CERTIFICATION OF PERIODIC REPORT

Pursuant to 18 U.S.C.  Section 1350,  as adopted  pursuant to Section 906 of the
Sarbanes-Oxley   Act  of  2002,  each  of  the  undersigned   officers  of  Hugo
International Telecom, Inc. (the "Company"), certifies that:

     1.   The  Quarterly  Report  on Form  10-QSB of the  Company  for the three
          months ended March 31, 2003 (the  "Report")  fully  complies  with the
          requirements of Section 13(a) or 15(d) of the Securities  Exchange Act
          of 1934 (15 U.S.C. 78m or 78o(d)); 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/ Kevin Kreisler
            ------------------------------
                Kevin Kreisler
                Chief Executive Officer and Chief Financial Officer
Date:           January 24, 2006


This  certification  is made solely for the purpose of 18 U.S.C.  Section  1350,
subject  to the  knowledge  standard  contained  therein,  and not for any other
purpose.
Employment offer letter with Jonathan Wang



 Exhibit 10.8 
  

			
	Mr. Jonathan (Li-Jen) Wang	  	May 28, 2006

 Re: Employment Offer Letter 
 Dear Mr. Jonathan, 
 BCD Semiconductor Manufacturing Limited (“BCD”) is pleased to offer you the position as
Vice President of Business Development, reporting to Chief Executive Officer of BCD. The responsibilities of this position include: 
  

	 	•	 	 Managing Product Marketing division 


  

	 	•	 	 Coordinating Marketing/R&D/Engineering groups to resolve issues in products and business 


  

	 	•	 	 Exploring new opportunities for future business growth 


 Employment terms and conditions are as follows: 
  

	1.	Salary: $10,000 USD per month on a 13-month basis. 

  

	2.	Executive Bonus: Business objectives and bonus amount is set by the Board’s Compensation Committee on an annual basis. Actual bonus distribution depends on the
achievement of the business objectives. 

  

	3.	Employee Stock Option Plan: Subject to Board’s approval, you will be granted, pursuant to BCD 2002 Stock Option Plan, an option to purchase 240,000 BCD common shares.
25% of which shall vest on the first year anniversary of the Vesting Commencement Date, and that an additional 25% of which shall vest at the end of each full year thereafter (for a total vesting period of four years). 

  

	4.	Sign-on Bonus: US$20,000 will be paid one month after on board. If you terminate employment with BCD voluntarily in the first year, the bonus will be paid back in a prorated
manner. 

  

	5.	Benefits: 

  

	 	•	 	 Vacation: Ten (10) working days of annual vacation. 


  

	 	•	 	 Housing allowance: 8,000 RMB per month. 


  

	 	•	 	 Relocation: To reimburse up to $4,000 USD for expenses incurred in connection with your move. Reimbursable expenses include economy-class airfare from Taiwan
to Shanghai for you and your family, costs incurred in moving your household belongings, and the lost rental deposit (up to 30,000 NTD) for your early terminating the contract. Reimbursement will be made to you upon presentation of receipts in
accordance with BCD’s expense reimbursement practices. 


  

	 	•	 	 Health insurance: BCD will purchase health insurance for you in Taiwan, and USA (if needed). The Company will partially cover the expense of health insurance
for your family members (two children) in USA. The exact coverage amount follows the company policies to be determined. 


  

	6.	Probationary Period: Ninety (90) days as from your starting date. This may be extended at the expiry of this probationary period. If your services are satisfactory to
the company, your employment will be affirmed, and you will become the permanent employee. 

 If you agree to the terms of this
Employment Offer Letter, please sign and date the attached copy and return that copy to me. We hope that your expertise will be an important part of our continued effort to strive for excellence and greater success. 
  

	
	Very truly yours,
	
	 /s/ Tung-Yi Chan

	Tung-Yi Chan, CEO


 Agreed by: 
  

									
	  
	 		 	  
	 		 	  

	Jonathan Wang	 		 	Signing Date	 		 	Starting Date
Before the Third Division,

June 17, 1952

No. 56771.

protest 181569-K (New York).

#### Trefflichs Bird & Animal Co., Inc. *v.*United States,

Opinion by

Ekwall, J.

In accordance with stipulation of counsel that the merchandise consists of live birds similar in all material respects to those the subject of *Alfred Mazer*v. *United States*(25 Cust. Ct. 67, C. D. 1265), the claim of the plaintiff was sustained.
**CERTIFICATION
      PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**


**(18
      U.S.C. SECTION 1350)**








In
      connection with the accompanying Annual Report of Summit Environmental
      Corporation, Inc. (the “Company”) on Form 10-KSB for the fiscal year ended
      December 31, 2004 (the “Report”), I, Chris Dellinges, Chief Financial Officer of
      the Company, hereby certify that to my knowledge:





(1)  The
      Report fully complies with the requirements of Section 15(d) of the Securities
      Exchange Act of 1934 (15 U.S.C. §78o(d)); and





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





Dated:
      July 22, 2005


*/s/
                    Chris
                    Dellinges*Chris
                          Dellinges
                        Chief
                          Financial
                          Officer







The
      above
      certification is furnished solely pursuant to Section 906 of the Sarbanes-Oxley
      Act of 2002 (18 U.S.C. §1350) and is not being filed as part of the Form 10-KSB
      or as a separate disclosure document.
Addendum # 1

Credit and terms.

King Media, Inc. agrees to extend credit to Cooperative Images for short-form
direct response advertising on the following terms.

Payments for monthly media expenditures shall be made in four (4) equal weekly
installments, beginning the twelfth(12) week following the end of the
broadcast month.

All late payments will be charged interest at a rate of 1.5%.

King Media, Inc, at its sole discretion may cancel or modify these credit
terms as any time upon written notice. Should King Media, Inc. cancel or
modify credit terms, all amounts due in accordance with the new terms will be
paid to KMI by Cooperative in full within 10 business days of written notice
of the changes.
In whitness whereof, the Parties hereto have set their hands and seals,

Client                                          King Media, Inc.
By:/s/Gerard A. Powell,CEO date 12-30-96        By:/s/Allen Stern,President
date 12/30/96






Addendum to Advertising Agreement made between King Media, Inc. and
Cooperative Images, Inc.
Exhibit 32.2

                           INTRAOP MEDICAL CORPORATION

                            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 Intraop Medical Corporation (the
"Company") on Form 10-QSB for the period ending June 30, 2008, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Howard
Solovei, Chief Financial 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:

     (3)  The Report fully complies with the requirements of Section 13(a) or
          15(d) of the Securities Exchange Act of 1934; and

     (4)  The information contained in the Report fairly presents, in all
          material respects, the financial condition and results of operations
          of the Company.


                                                      /s/   Howard Solovei
                                                      --------------------------
                                                         Howard Solovei
                                                         Chief Financial Officer

                                                         Date:  August 7, 2008

A signed original of this written statement required by Section 906 has been
provided to Intraop Medical Corporation and will be retained by Intraop Medical
Corporation and furnished to the Securities and Exchange Commission or its staff
upon request.
#### Inter-Maritime Forwarding Co., Inc. *v.*United States

No. 8089.

Entry No. 39319.

(Decided February 18, 1952)

*Tompkins & Tompkins (Allerton deC. Tompkins*of counsel) for the plaintiff.

*Charles J, Wagner,*Acting Assistant Attorney General, for the defendant.

Cole, Judge:

This case concerns the reappraisement of certain woolen piece goods, idéntified on the invoice as “29/30" width woolen piece goods, Quality it. B. M. from Reid & Taylor, Ltd.”

An agreed set of facts, embodied in the written stipulation of submission, establishes export value, section 402 (d) of the Tariff Act of 1930 (19 U. S. C. § 1402 (d)), to be the proper basis for appraisement of the merchandise in question, such statutory value being £0/12/9 (12 shillings, 9 pence) per yard plus packing; the foreign value, section 402 (c) of the Tariff Act of 1930, as amended by the Customs Administrative Act of 1938 (19 U. S. C. § 1402 (c)), being no higher.

Judgment will be rendered accordingly.
No. 6073.

#### INTERSTATE ELECTRIC CO. vs. ILLINOIS CENTRAL R. R. CO.

Syllabus.

1. A clause in a bill of lading providing that the carrier shall not be liable for delays resulting from “riots or strikes,” has reference to delays due to violence incident to riots or strikes, and not to unreasonable delays due only to the temporary disorganization of the carrier’s force of employees.

2. The market price to a “purchaser” is the price at which, he can “buy” in the open market. ’ ' ■

Appeal from the Civil District Court for the Parish of Orleans, Division “A,” No. 103,138. Hon. T. C. W. Ellis, Judge.

Sol Wolff, for plaintiff and appellee.

*239Lemle, Jones & Moreno, for defendant and appellant.

His Honor, JOHN ST. PAUL,

rendered the opinion and decree of the Court, as follows:

Plaintiff seeks to recover damages for delay in the delivery of a certain shipment and defendant sets up substantially that the delay was caused by the disorganized condition of its office and operating forces due to a “strike” which it then had on hand; claiming that by the terms of the bill of lading it is not liable for delays resulting from “riots or strikes.”

The defense is untenable. Such a clause in a bill of lading is valid only to the extent that it -is intended to provide against violence incident to “riots and strikes,” and it means nothing else. Otherwise we should have the unheard of proposition that a carrier might be relieved of its obligation, imposed by law, by the simple fact of its inability to agree with its employees as to wages or hours or conditions of service.

In this case it is not pretended that defendant’s inability to fulfill its contract was the result of violence; the cause advanced is the temporary inefficiency of its new office employees; and the delay, of more than a month, was unreasonable.

As to the measure of damages: The carload'of “conduits” subject matter of this controversy, was worth at •the time it should have been delivered $1188.09; and at the time it actually was delivered might have been replaced by plaintiff for $915; a difference of $273.09, which we think is the proper measure of damages.

It is true that plaintiff was offered only $805.00 for the carload; but this price it refused.

Having preferred to keep the conduits rather than sell, the presumption is that the price offered was not a *240fair measure of their value; and this is corroborated by the fact that immediately thereafter the price of conduits advanced considerably.

Opinion and decree April 20, 1914.

Rehearing refused, May 18, 1914.

Having kept the conduits instead of selling them, plaintiff of its own choice took the position of purchaser rather than vendor, and the market price to a purchaser is the price at which he can buy in the open market.

It is therefore ordered that the judgment appealed from be amended by reducing the amount allowed plaintiff from $382.29 to Two Hundred and Seventy-three 09-100. Dollars ($273.09), and as thus amended the judgment is affirmed; plaintiff to pay costs of appeal and defendant to pay costs of the Court below.

Judgment amended and affirmed.
[Federal Register Volume 62, Number 145 (Tuesday, July 29, 1997)]
[Notices]
[Page 40528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19864]


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

FEDERAL RESERVE SYSTEM


Notice of Proposals to Engage in Permissible Nonbanking 
Activities or to Acquire Companies that are Engaged in Permissible 
Nonbanking Activities

    The companies listed in this notice have given notice under section 
4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and 
Regulation Y, (12 CFR Part 225) to engage de novo, or to acquire or 
control voting securities or assets of a company that engages either 
directly or through a subsidiary or other company, in a nonbanking 
activity that is listed in Sec.  225.28 of Regulation Y (12 CFR 225.28) 
or that the Board has determined by Order to be closely related to 
banking and permissible for bank holding companies. Unless otherwise 
noted, these activities will be conducted throughout the United States.
    Each notice is available for inspection at the Federal Reserve Bank 
indicated. The notice also will be available for inspection at the 
offices of the Board of Governors. Interested persons may express their 
views in writing on the question whether the proposal complies with the 
standards of section 4 of the BHC Act.
    Unless otherwise noted, comments regarding the applications must be 
received at the Reserve Bank indicated or the offices of the Board of 
Governors not later than August 11, 1997.
    A. Federal Reserve Bank of New York (Betsy Buttrill White, Senior 
Vice President) 33 Liberty Street, New York, New York 10045-0001, or 
Federal Reserve Bank of Chicago (Philip Jackson, Applications Officer) 
230 South LaSalle Street, Chicago, Illinois 60690-1413:
    1. Royal Bank of Canada, Montreal, Canada, and Stitching Prioriteir 
ABN AMRO Holding, Amsterdam, The Netherlands; Stichting 
Administratiekantoor ABN AMRO Holding, Amsterdam, The Netherlands; ABN 
AMRO Holding, N.V., Amsterdam, The Netherlands; ABN AMRO Bank, N.V., 
Amsterdam, The Netherlands; and ABN AMRO North America, Inc., Chicago, 
Illinois; to acquire through Integrion Financial Network, LLC, Atlanta, 
Georgia, and thereby indirectly acquire certain assets and liabilities 
of VISA Interactive, Inc., and thereby engage in providing data 
processing and data transmission services, pursuant to Sec.  
225.28(b)(14) of the Board's Regulation Y. These activities will be 
conducted worldwide.

    Board of Governors of the Federal Reserve System, July 23, 1997.
William W. Wiles,
Secretary of the Board.
[FR Doc. 97-19864 Filed 7-28-97; 8:45 am]
BILLING CODE 6210-01-F