alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Clyde ADAMS v. MALONEY CARLOADING, INC.

No. 4108.

Court of Appeal of Louisiana. Fourth Circuit.

Oct. 5, 1970.

*58Levy & Jarrean, Leon J. Jarreau, New Orleans, for plaintiff-appellee.

Deutsch, Kerrigan & Stiles, Guy W. Smith, New Orleans, for defendant-appellant.

Before CHASEZ, REDMANN and SWIFT, JJ.

REDMANN, Judge.

From a judgment awarding plaintiff workmen’s compensation benefits for permanent and total disability plus some penalties and attorney’s fees, defendant appeals. Plaintiff neither appealed nor answered defendant’s appeal.

An accident did occur in which plaintiff hurt his back. Defendant paid maximum compensation for 25 weeks thereafter, but discontinued payments because of a physician’s recommendation plaintiff return to work.

The principal questions are whether plaintiff is permanently and totally disabled within the meaning of LSA-R.S. 23:1221, and, if so, whether defendant’s discontinuance of compensation payments was “arbitrary, capricious, or without probable cause”, R.S. 23:1201.2.

The preponderance of the medical evidence is that plaintiff is suffering from a back condition with objective symptoms and reactions to neurological testing characteristic or at least suggestive of a ruptured lumbar intervertebral disc, and that the condition is consistent with that which could have been caused by plaintiff’s accident at his employment.

Diagnostic myelography to confirm the ruptured disc was recommended but declined by plaintiff because of fear of the procedure. Whether plaintiff’s condition is a ruptured disc or something else, however, the preponderance of medical opinion is that he should not do heavy work. Even one of defendant’s experts, by time of trial, at least agreed that plaintiff’s symptoms were more severe than a simple back sprain, and would not recommend heavy work.

Plaintiff’s employment as a freight loader is that of the common laborer. His disability to do heavy work qualifies him for benefits for permanent and total disability; Easterling v. Employers Liab. AsSur. Corp., 203 So.2d 852 (La.App.1967), writ refused 251 La. 744, 206 So.2d 94.

But we are of the opinion that defendant’s discontinuance of compensation *59payments was not arbitrary, capricious or without probable cause, and thus the penalties and attorney’s fees authorized by R.S. 23:1201.2 should not be imposed. At the time of discontinuance, defendant had received the opinion of a neurosurgeon that plaintiff “does not now have evidence of active injury or disease of the lumbar spinal cord or nerve roots. I do not recommend any further neurological diagnostic studies and I see no reason why he cannot return to his usual and customary occupation at this time.”

Accordingly, the judgment appealed from is reversed and set aside insofar as it awarded penalties and attorney’s fees, and it is affirmed in all other respects.

Reversed in part; affirmed in part.
IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

ANTHONY GEORGE ALLEN, )

)

Plaintiff, )

) Civil Action No. 05-31 Erie

v. )

)

UNITED STATES OF AMERICA, )

)

Defendant. )

MEMORANDUM ORDER

This civil rights action was received by the Clerk of Court on January 26, 2005,

and was referred to United States Magistrate Judge Susan Paradise Baxter for report

and recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1),

and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates. 

The Magistrate Judge's Report and Recommendation [Doc. No. 25], filed on

January 20, 2006, recommended that Defendant’s motion to dismiss for lack of

jurisdiction or, in the alternative, motion for summary judgment [Doc. No. 21] be

granted. The parties were allowed ten (10) days from the date of service to file

objections. Service was made on Plaintiff by certified mail and on Defendant. No

objections were filed. After de novo review of the motion and documents in the case,

together with the Report and Recommendation, the following order is entered:

AND NOW, this 7th day of February, 2006; 

IT IS HEREBY ORDERED that the Defendant’s motion to dismiss for lack of

jurisdiction or, in the alternative, motion for summary judgment [Doc. No. 21] is

GRANTED. 

The Report and Recommendation [Doc. No. 25] of Magistrate Judge Baxter, filed

on January 20, 2006, is adopted as the opinion of the Court.

 s/ Sean J. McLaughlin

United States District Judge

cm: All parties of record

Susan Paradise Baxter, U.S. Magistrate Judge

Case 1:05-cv-00031-SJM-SPB Document 26 Filed 02/07/06 Page 1 of 1
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03 / 10 / 2011 11 : 45 P M

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4 / 15 / 2011
<PAGE>


                                                                   Exhibit 10.84
                                                                   -------------

                      AMENDMENT TO RETENTION PLAN AGREEMENT

     This Amendment (the "Amendment") is entered into as of January 4, 2002
between Synbiotics Corporation ("Synbiotics") and the undersigned employee of
Synbiotics or its subsidiary ("Employee").

     A.   Synbiotics and Employee are parties to a written retention plan
agreement, as amended (the "Retention Plan Agreement"), under which Synbiotics
promised, on the day following the sale of Synbiotics' animal heath business, to
(i) make a cash bonus payment to Employee and (ii) accelerate the vesting and
provide a fixed exercisability period of all stock options issued to Employee.

     B.   Synbiotics is working toward entering into a Stock Purchase Agreement
with Redwood West Coast, LLC ("Redwood"), under which Redwood would make an
investment in Synbiotics stock (the "Stock Purchase Agreement"). Synbiotics has
determined that a closing under the Stock Purchase Agreement would constitute
the sale of Synbiotics' animal health business and entitle the Employee to a
cash payment of $_________ under the Retention Plan Agreement.

     C.   Redwood requires Employee and Synbiotics to enter into this Amendment
before Redwood will enter into the Stock Purchase Agreement. Employee and
Synbiotics wish to induce and facilitate the Stock Purchase Agreement
transaction.

     NOW, THEREFORE:

     1.   Synbiotics and Employee hereby agree that if and only if Synbiotics
and Redwood enter into the Stock Purchase Agreement, the Retention Plan
Agreement is hereby amended (as of immediately before the closing under the
Stock Purchase Agreement) by deleting the paragraph captioned "Cash Bonus" in
its entirety and replacing such paragraph with the following:

     "A cash bonus payment of $________ will be made to you on the earlier of
(i) January 1, 2003 or (ii) any date on which Synbiotics terminates your
employment without cause."

     2.   All of the terms and provisions of the Retention Plan Agreement as
amended hereby remain in full force and effect. However, Employee confirms that
upon Redwood's January 2002 investment under the Stock Purchase Agreement, the
Retention Plan Agreement (as amended hereby) is terminated except for
Synbiotics' obligations arising from such January 2002 Redwood investment.

                                   EMPLOYEE:

                                   _____________________________________________
                                   Name:  ______________________________

                                   SYNBIOTICS CORPORATION

                                   By: _________________________________________
                                       Paul A. Rosinack, President & C.E.O.
##### 



Exhibit 32.1

Certification of Chief Executive
Officer

Pursuant to 18 U.S.C. § 1350, as
created by Section 906 of the Sarbanes-Oxley Act of 2002,
the undersigned officer of T REIT, Inc. (the
Company) hereby certifies, to his knowledge, that:



| |                                                                                                                                                                                                                                                                                        
| | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| | (i) the accompanying Quarterly Report on
    Form 10-Q of the Company for the period ended
    March 31, 2004 (the Report) fully complies with
    the requirements of Section 13(a) or Section 15(d), as
    applicable, of the Securities Exchange Act of 1934, as
    amended; and
|
| | (ii) the information contained in the Report
    fairly presents, in all material respects, the financial
    condition and results of operations of the Company.                                                                                                                      



| |                                          
| | -----------------------------------------
| | /s/ ANTHONY W. THOMPSON                  
| |                                          
| | Anthony W. Thompson                      
| | President and Chief Executive
    Officer

Date: May 17, 2004

The foregoing certification is being furnished
solely pursuant to 18 U.S.C. § 1350, and is not
being filed as part of the Report or as a separate disclosure
document. The signed original of this written statement required
by Section 906 has been provided to T REIT, Inc. and will
be retained by T REIT, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request.
EXHIBIT 99-3


                            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  Annual  Report  of  Matrix  Bancorp,  Inc.  (the
"Company") on Form 10-K for the year ending December 31, 2002, as filed with the
Securities and Exchange  Commission on the date hereof (the "Report"),  I, David
W. Kloos,  Senior Vice  President  and Chief  Financial  Officer of the Company,
certify,  pursuant 18 U.S.C. Section 1350, as adopted pursuant to Section 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 and 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.




Dated:   March 14, 2003                      /s/ David W. Kloos
                                             ---------------------------------
                                             Name: David W. Kloos
                                             Title: Senior Vice President and
                                             Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE>                    5
<LEGEND>
This schedule contains summary financial
information extracted from Form 10-Q for
the period ended June 30, 2000 and is
qualified in is entirety by reference to such
financial statements.
</LEGEND>
<CIK>                        0001077552
<NAME>                       GENTEK INC.
<MULTIPLIER>                 1,000
<FISCAL-YEAR-END>            DEC-31-2000
<PERIOD-START>               JAN-01-2000
<PERIOD-END>                 JUN-30-2000
<PERIOD-TYPE>                6-MOS
<CASH>                                            28,787
<SECURITIES>                                           0
<RECEIVABLES>                                    217,438
<ALLOWANCES>                                        4,147
<INVENTORY>                                      128,911
<CURRENT-ASSETS>                                 415,891
<PP&E>                                           533,933
<DEPRECIATION>                                   119,300
<TOTAL-ASSETS>                                 1,251,394
<CURRENT-LIABILITIES>                            288,654
<BONDS>                                          682,742
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                            0
<COMMON>                                             251
<OTHER-SE>                                        73,976
<TOTAL-LIABILITY-AND-EQUITY>                   1,251,394
<SALES>                                          642,132
<TOTAL-REVENUES>                                 642,132
<CGS>                                            460,205
<TOTAL-COSTS>                                    460,205
<OTHER-EXPENSES>                                       0
<LOSS-PROVISION>                                      86
<INTEREST-EXPENSE>                                33,760
<INCOME-PRETAX>                                   51,337
<INCOME-TAX>                                      22,588
<INCOME-CONTINUING>                               28,749
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                      28,749
<EPS-BASIC>                                       1.20
<EPS-DILUTED>                                       1.17



</TABLE>
49570 Federal Register / Vol. 62, No. 183 / Monday, September 22, 1997 / Notices

DEPARTMENT OF TRANSPORTATION

Aviation Proceedings, Agreements

Filed During the Week Ending

September 12, 1997

The following Agreements were filed

with the Department of Transportation

under the provisions of 49 U.S.C. 412

and 414. Answers may be filed within

21 days of date of filing.

Docket Number: OST–97–2889.

Date Filed: September 10, 1997.

Parties: Members of the International

Air Transport Association.

Subject: COMP Telex Mail Vote 889;

Reduce fares from India; Intended

effective date: October 1, 1997.

Paulette V. Twine,

Documentary Services.

[FR Doc. 97–25109 Filed 9–19–97; 8:45 am]

BILLING CODE 4910–62–P

DEPARTMENT OF TRANSPORTATION

Notice of Applications for Certificates

of Public Convenience and Necessity

and Foreign Air Carrier Permits Filed

Under Subpart Q During the Week

Ending September 12, 1997

The following Applications for

Certificate of Public Convenience and

Necessity and Foreign Air Carrier

Permits were filed under Subpart Q of

the Department of Transportation’s

Procedural Regulations (See 14 CFR

302.1701 et seq.). The due date for

Answers, Conforming Applications, or

Motions to Modify Scope are set forth

below for each application. Following

the Answer period DOT may process the

application by expedited procedures.

Such procedures may consist of the

adoption of a show-cause order, a

tentative order, or in appropriate cases

a final order without further

proceedings.

Docket Number: OST–97–2892.

Date Filed: September 11, 1997.

Due Date for Answers, Conforming

Applications, or Motion to Modify

Scope: October 9, 1997.

Description: Application of Delta Air

Lines, Inc., pursuant to 49 U.S.C. 41102

and 41108, and Subpart Q of the

Regulations, applies for a new or

amended Certificate of Public

Convenience and Necessity authorizing

Delta to provide scheduled foreign air

transportation of persons, property and

mail between a point or points in the

United States and a point or points in

the Cayman Islands. Delta further

requests route integration authority to

permit Delta to combine services that

will be operated pursuant to the grant of

this application with all other Delta

services authorized by existing

certificates and exemptions granted by

the Department, to the extent permitted

by applicable international agreements.

Paulette V. Twine,

Documentary Services.

[FR Doc. 97–25108 Filed 9–19–97; 8:45 am]

BILLING CODE 4910–62–P
Exhibit 32.1








CERTIFICATIONS PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


(18 U.S.C. SECTION 1350)




In connection with the Quarterly Report of Sierra Resource Group, Inc. (the "Company") on Form 10-Q for the period ending June 30, 2011 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Patrick Champney, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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, as amended; and




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







Registrant



Date: August 18, 2011

Sierra Resource Group, Inc.



By: /s/ Patrick ChampneyPatrick ChampneyChief Executive Officer (Principal Executive Officer)
EXHIBIT 32.2


CERTIFICATION PURSUANT TO
18 U.S.C. 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Quarterly Report on Form 10-QSB of RPM Advantage, Inc.
(the "Registrant") for the period ended March 31, 2006, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I,
David R. Pressler, Chief Financial Officer of the Registrant, certify,
pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 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, as amended; 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:   July 15, 2011

By:

/s/ David R. Pressler


David R. Pressler
Chief Financial Officer
(principal financial officer)
CERTIFICATION PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, William Whittle, President, CEO, CFO and director of General Gold Corporation, certify that:

1.	I have reviewed this quarterly report on Form 10-QSB of General Gold Corporation;

2.	Based on my knowledge, this report 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 with respect to the period covered by this report;

3.	Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this report;

4.	The small business issuer's other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and have:

(a)	Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the small business issuer, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

(b)	Evaluated the effectiveness of the small business issuer's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

(c)	Disclosed in this report any change in the small business issuer's internal control over financial reporting that occurred during the small business issuer's most recent fiscal quarter (the small business issuer's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuer's internal control over financial reporting; and

5.	The small business issuer's other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuer's auditors and the audit committee of the small business issuer's board of directors (or persons performing the equivalent functions):

(a)	All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuer's ability to record, process, summarize and report financial information; and

(b)	Any fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuer's internal control over financial reporting.

Date: December 16, 2004

/s/ William Whittle				William Whittle
President, CEO, CFO and Director
(Principal Executive Officer, Principal Financial Officer 
and Principal Accounting Officer)
256 La. 80

#### Carl W. JONES v. Jackson B. DAVIS et al.

No. 50540.

Supreme Court of Louisiana.

May 25, 1970.

In re: Dr. Walston A. Lynn, et al. applying for certiorari, or writ of review, to the Court of Appeal, Second Circuit, Parish of Caddo. 233 So.2d 310.

Writ refused. The case having been remanded the judgment is not final.
#### Eskar L. POCHE v. Vivian Louise Poche JENKINS (Hutchinson).

No. 60670.

Supreme Court of Louisiana.

Jan. 27, 1978.

In Re: Application for rehearing as to action December 8, 1977, on motion to lift stay order issued on September 22, 1977.

PER CURIAM.

The plaintiff husband was granted a stay order of a change of custody of his child, pending appellate review, by this court, which acted on the plaintiff’s application for supervisory writs. The defendant wife applies for a rehearing as to our action of December 8, 1977, which conditionally continued the stay order and denied her motion to rescind it.

While the application for rehearing was pending, the plaintiff husband filed in this court pleadings showing that his appeal was dismissed as moot, due to the emancipation by marriage of the child whose custody is contested. The plaintiff husband indicates that his request for supervisory relief is moot.

Accordingly, rehearing is granted, and our stay order is rescinded.