alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>
                                                                   Exhibit 10.34

                                  EXHIBIT A-2
                                  -----------

                        AMENDED AND RESTATED SWING NOTE
                        -------------------------------

$15,000,000                                                     January 31, 1997

     FOR VALUE RECEIVED, MATRIX FINANCIAL SERVICES CORPORATION, an Arizona
corporation ("BORROWER"), promises to pay to the order of BANK ONE, TEXAS, N.A.
("LENDER") that portion of the principal amount of $15,000,000 that may from
time to time be disbursed and outstanding under this note together with
interest.

     This note is the "Swing Note" under the Amended and Restated Loan Agreement
(as renewed, extended, amended, or restated, the "LOAN AGREEMENT") dated as of
January 31, 1997, between Borrower, Lender, certain other Lenders, and Bank One,
Texas, N.A., as Agent for Lenders.  All of the defined terms in the Loan
Agreement have the same meanings when used -- unless otherwise defined -- in
this note.

     This note incorporates by reference the principal and interest payment
terms in the Loan Agreement for this note, including, without limitation, the
final maturity, which is the Warehouse-Actual-Termination Date.  Principal and
interest are payable to the holder of this note through Agent at either (a) its
offices at 1717 Main Street, Dallas, Texas 75201, or (b) at any other address so
designated by Agent in written notice to Borrower.

     This note incorporates by reference all other provisions in the Loan
Agreement applicable to this note -- such as provisions for disbursements of
principal, applicable-interest rates before and after Default, voluntary and
mandatory prepayments, acceleration of maturity, exercise of Rights, payment of
attorneys' fees, court costs, and other costs of collection, certain waivers by
Borrower and other obligors, assurances and security, choice of Texas and United
States federal Law, usury savings, and other matters applicable to Loan
Documents under the Loan Agreement.

     This note is an amendment, restatement, renewal, extension, modification
of, and substitution for the existing Swing Note (as the same may have been
amended and replaced to the date hereof, the "FORMER NOTE"), which Former Note
was executed and delivered pursuant to the Existing Loan Agreement.

                         MATRIX FINANCIAL SERVICES CORPORATION,
                         as Borrower


                         By   ____________________________________________
                              Thomas J. Osselaer, Executive Vice President

                                                                     EXHIBIT A-2
                                                                     -----------
IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DIS'TRICT OF PENNSYLVANIA 

JOSH L. ANDERSON, 1 

Plaintiff, 1 Civil Action No. 04-135 Erie 

v. 

LARRY KOPKO, et al., 

Defendants. 1 

MEMORANDUM ORDER 

This civil rights action was received by the Clerk of Court on May 19, 2004, and 

was referred to Ur~ited States Magistrate Judge Susan Paradise Baxter for report and 

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

Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates. 

The Magistrate Judge's Report and Recommendation [Doc. No. 371, filed on 

December 13, 2005, recommended that Defendants' Kopko and Ickert's motion to 

dismiss [Doc. No. 271 be granted. The parties were allowed ten (1 0) days from the date 

of service to file objections. Service was made on Plaintiff by certified mail and on 

Defendants. Plaintiff filed objections on December 27, 2005 [Doc. No. 431, and 

Defendants filed a response to the objections [Doc. No. 411 and brief in support of the 

response [Doc. No. 421. After de novo review of the motion and documents in .the case, 

together with the Report and Recommendation, objections thereto and response to tlie 

objections, the following order is entered: 

AND NOW, this 6th day of January, 2006; 

IT IS HEREBY ORDERED that the Defendants' Kopko and Ickert's motion to 

dismiss [Doc. No. 271 is GRANTED. 

The Report and Recommendation [Doc. No. 371 of Magistrate Judge Baxter, filed 

on December 13,2005, is adopted as the opinion of the Court. 

S/ Sean J. McLaughlin United States District Judge 

cm: All parties of record 

Case 1:04-cv-00135-SJM Document 47 Filed 01/06/06 Page 1 of 2
Susan Paradise Baxter, U.S. Magistrate Judge 

Case 1:04-cv-00135-SJM Document 47 Filed 01/06/06 Page 2 of 2
#### DOYLE v. MILLICAN.

No. 39190.

Supreme Court of Florida.

Dec. 1969.

Rehearing Denied Jan. 19, 1970.

Certiorari denied without opinion. 227 So.2d 898.
[Federal Register Volume 62, Number 187 (Friday, September 26, 1997)]
[Notices]
[Page 50561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25559]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. ID-2170-001]


William W. Berry; Notice of Filing

September 22, 1997.
    Take notice that on July 30, 1997, William W. Berry filed an 
application for authorization under Section 305(b) of the Federal Power 
Act to hold the following positions:

Director: ISO New England Inc.
Director: Scott & Stringfellow Financial Corp.

    Any person desiring to be heard or to protest said filings should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, 
in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211 and 18 CFR 385.214). All such 
motions or protests should be filed on or before October 3, 1997. 
Protests will be considered by the Commission in determining the 
appropriate action to be taken, but will not serve to make protestants 
parties to the proceeding. Any person wishing to become a party must 
file a motion to intervene. Copies of this filing are on file with the 
Commission and are available for public inspection.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 97-25559 Filed 9-25-97; 8:45 am]
BILLING CODE 6717-01-M
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                          20,660
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                20,660
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  20,660
<CURRENT-LIABILITIES>                            1,840
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,170
<OTHER-SE>                                      16,650
<TOTAL-LIABILITY-AND-EQUITY>                    20,660
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 8,785
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (8,785)
<EPS-BASIC>                                    (0.004)
<EPS-DILUTED>                                  (0.004)


</TABLE>
STATE OF TENNESSEE 

DEPARTMENT OF ENVIRONMENT AND CONSERVATION 

DIVISION OF AIR POLLUTION CONTROL 

9TH FLOOR L & C ANNEX 

401 CHURCH STREET 

NASHVILLE, TN 37243-1531 

Certified Mail 

#7008 1830 0000 2111 7412 

Return Receipt Requested 

May 28, 2009 

Mr. A. Stanley Meiburg, Acting 

Regional Administrator 

U. S. EPA, Region IV 

Atlanta Federal Center, Floor 

61 Forsyth Street, S.W. 

Atlanta, Georgia 30303-8960 

Sub j ect : Official Submittal Request for State Implementation Plan Revisions 

to 1200-3-9-.01 CONSTRUCTION PERMITS; 1200-3-9-.02 OPERATING 

PERMITS; and 1200-3-9-.03 GENERAL PROVISIONS 

Dear Mr. Meiburg: 

This is an official submittal request for incorporation into the State 

Implementation Plan of revisions to 1200-3-9-.01 CONSTRUCTION PERMITS; 1200-3- 

9-.02 OPERATING PERMITS; and 1200-3-9-.03 GENERAL PROVISIONS. 

As required one copy is included with supporting documentation consisting of a 

certification of the rule as State effective with the Board order adopting the 

rule change, evidence of a public hearing and notices, and a summary of public 

comments to the proposed rule change with staff response to comments. Also 

included is a compact disk containing the document in Microsoft Word. 

The Environmental Protection Agency is requested to process the enclosed 

material as part of the federally approved State Implementation Plan. 

If you need further information or documentation please contact Malcolm Butler 

at (615) 532-0600. 

Technical Secretary 

Tennessee Air ~oll;tion Control Board 

Enclosures 

cc: Ms. Lynorae Benjamin, Chief, Regulatory Development Section
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

DONNA DEITRICK, : Civil Action No. 4:06-CV-01556

 :

Plaintiff, : (Judge Brann)

 :

v. :

 :

MARK A. COSTA, et al., : (Magistrate Judge Arbuckle) 

 :

 :

Defendants. :

ORDER

April 9, 2015

In accordance with the accompanying Memorandum, IT IS HEREBY

ORDERED THAT:

1. United States Magistrate Judge William I. Arbuckle III’s Report and

Recommendation (ECF No. 362) is ADOPTED in full. 

2. Defendant Jane Acri’s Motion for Summary Judgment is GRANTED.

3. Final Judgment is entered in favor of Defendant Acri and against

Plaintiff.

4. The clerk is directed to terminate Jane Acri as a named Defendant. 

BY THE COURT:

 s/ Matthew W. Brann 

Matthew W. Brann

 United States District Judge

1

Case 4:06-cv-01556-WIA Document 414 Filed 04/09/15 Page 1 of 1
#### Oscar STEPHENS, Jr., Appellant, v. The STATE of Florida, Appellee.

No. L-154.

District Court of Appeal of Florida. First District.

Sept. 16, 1969.

Gerald D. Schackow, Gainesville, for appellant.

Earl Faircloth, Atty. Gen., and James McGuirk, Asst. Atty. Gen., for appellee.

PER CURIAM.

The briefs and the record on appeal having been read and given full consideration, and the appellant having failed to demonstrate reversible error, the order of the lower court is affirmed. See Edwards v. United States, 103 U.S.App.D.C. 152, 256 F.2d 707 (1958), cert. den. 358 U.S. 847, 79 S.Ct. 74, 3 L.Ed.2d 82.

JOHNSON, C. J., and CARROLL, DONALD K., and RAWLS, JJ., concur.
#### Willie Leon BROWN, Appellant, v. The STATE of Florida, Appellee.

No. 70-997.

District Court of Appeal of Florida, Third District.

April 6, 1971.

Phillip A. Hubbart, Public Defender, and Lewis S. Kimler, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Jay Robert Olian, Asst. Atty. Gen., for appellee.

Before PEARSON, C. J., and CHARLES CARROLL and BARKDULL, JJ-

PER CURIAM.

This appeal by the defendant from his conviction of the crime of grand larceny presents the contention that he was denied due process of law in that counsel was not furnished to him at the time of a preliminary hearing, and that evidence presented at trial was insufficient. Upon consideration thereof in the light of the record and briefs we conclude that no. reversible error has been shown. In our view the judgment was based upon sufficient evidence. Regarding the absence of counsel for the defendant at the time of preliminary hearing, it appears that the hearing occurred prior to the date of the decision of Coleman v. Alabama, 399 U.S. 1, 90 S.Ct. 1999, 26 L.Ed.2d 387, although the trial of the defendant occurred thereafter. We reject that contention on the authority of Miller v. State, Fla.App.1971, 246 So.2d 169.

Affirmed.
#### Ethel Elanor NOLAN and Edna Pitner, Appellants, v. William J. MYERS and Georgia M. Myers, his wife, Appellees.

No. 69-691.

District Court of Appeal of Florida, Third District.

March 31, 1970.

PER CURIAM.

Affirmed.
##### 



EXHIBIT 9.1

CERTIFICATION OF CHIEF FINANCIAL OFFICER 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 on Form 10-Q of Niku Corporation (the
Company) for the period ended April 30, 2003 as filed with the Securities and
Exchange Commission on the date hereof (the Report), Joshua Pickus, as Chief
Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, to the best of his knowledge, that:



| | (1) |  | The Report fully complies with the requirements of Section 13(a) 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.

|                  |  |                         |  |              
|----------------- |  | ----------------------- |  | -------------
|Signature         |  | Title                   |  | Date         
|                  |  |                         |  |              
|/s/ JOSHUA PICKUS |  | Chief Executive Officer |  | June 16, 2003
|Joshua Pickus     |  |                         |  |              

This certification accompanies this Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.

A signed original of this written statement required by Section 906 has been
provided to Niku Corporation and will be retained by Niku Corporation and
furnished to the Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
                                  Exhibit 27.01

                             Financial Data Schedule

                             FUN TYME CONCEPTS, INC.
                                  EXHIBIT 27.01
                             FINANCIAL DATA SCHEDULE

         This schedule contains summary  information  extracted from the Balance
Sheet,  Statement  of  Operations,  Statement  of Cash  Flows and Notes  thereto
incorporated  in Part I,  Item 7, of this Form 10 -KSB and is  qualified  in its
entirety by reference to such financial statements.

</LEGEND>
       
<CAPTION>

<S>                                                    <C>  
<PERIOD-TYPE>                                          12-mos
<FISCAL-YEAR-END>                                      mar-31-1997
<PERIOD-END>                                           mar-31-1997
<CASH>                                                 2,155,465
<SECURITIES>                                           0
<RECEIVABLES>                                          5,236
<ALLOWANCES>                                           0
<INVENTORY>                                            32,020
<CURRENT-ASSETS>                                       2,284,674
<PP&E>                                                 1,294,367
<DEPRECIATION>                                         249,488
<TOTAL-ASSETS>                                         3,413,625
<CURRENT-LIABILITIES>                                  143,075
<BONDS>                                                0
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                            0
<COMMON>                                               2,676
<OTHER-SE>                                             0
<TOTAL-LIABILITY-AND-EQUITY>                           3,413,625
<SALES>                                                949,910
<TOTAL-REVENUES>                                       949,910
<CGS>                                                  138,790
<TOTAL-COSTS>                                          1,381,599
<OTHER-EXPENSES>                                       0
<LOSS-PROVISION>                                       0
<INTEREST-EXPENSE>                                     11,892
<INCOME-PRETAX>                                        0
<INCOME-TAX>                                           10,795
<INCOME-CONTINUING>                                    (509,693)
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                           (509,693)
<EPS-PRIMARY>                                          (.21)
<EPS-DILUTED>                                          (.21)
        
<PAGE>

</TABLE>
[Federal Register Volume 62, Number 186 (Thursday, September 25, 1997)]
[Notices]
[Page 50403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25406]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[CA-942-5700-00]


Filing of Plats of Survey; California

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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

SUMMARY: The purpose of this notice is to inform the public and 
interested state and local government officials of the latest filing of 
Plats of Survey in California.

EFFECTIVE DATE: Unless otherwise noted, filing was effective at 10:00 
a.m. on the next federal work day following the plat acceptance date.

FOR FURTHER INFORMATION CONTACT:
Lance J. Bishop, Chief, Branch of Cadastral Survey, Bureau of Land 
Management (BLM), California State Office, 2135 Butano Drive, 
Sacramento, CA 95825-0451, (916) 978-4310.

SUPPLEMENTARY INFORMATION: The plats of Survey of lands described below 
have been officially filed at the California State Office of the Bureau 
of Land Management in Sacramento, CA.

Humboldt Meridian, California

    Tps. 3 & 4 N., Rs. 1 E. and 1 W.--Dependent resurvey and tract 
survey (Group 1300), accepted August 29, 1997, to meet certain 
administrative needs of the BLM, Arcata Resource Area.

Mount Diablo Meridian, California

    T. 29 S., R. 40 E.--Supplemental plat of a portion of section 
35, accepted August 7, 1997, to meet certain administrative needs of 
the BLM, California Desert District, Ridgecrest Resource Area.
    T. 6 N., R. 14 E.--Corrective dependent resurvey and subdivision 
(Group 1257), accepted August 12, 1997, to meet certain 
administrative needs of the BLM, Bakersfield District, Folsom 
Resource Area.
    T. 26 S., R. 10 E.--Dependent resurvey and subdivision (Group 
1219), accepted August 25, 1997, to meet certain administrative 
needs of the BLM, Bakersfield District, Caliente Resource Area.
    All of the above listed survey plats are now the basic record 
for describing the lands for all authorized purposes. The survey 
plats have been placed in the open files in the BLM, California 
State Office, and are available to the public as a matter of 
information. Copies of the survey plats and related field notes will 
be furnished to the public upon payment of the appropriate fee.

    Dated: September 15, 1997.
Lance J. Bishop,
Chief, Branch of Cadastral Survey.
[FR Doc. 97-25406 Filed 9-24-97; 8:45 am]
BILLING CODE 4310-40-M
HUGHES ELECTRONICS CORPORATION



EXHIBIT 23



INDEPENDENT AUDITORS CONSENT



We consent to the incorporation by reference in Registration Statement No. 333-78259 of Hughes Electronics Corporation on Form S-3 of our report
dated January 15, 2003 (March 6, 2003 as to Note 22), which report expresses an unqualified opinion and includes an explanatory paragraph related to the change Hughes Electronics Corporation made in its method of accounting for goodwill and other
intangible assets, appearing in this Annual Report on Form 10-K of Hughes Electronics Corporation for the year ended December 31, 2002.



|                            
|----------------------------
|/s/    DELOITTE & TOUCHE LLP
|DELOITTE & TOUCHE LLP       



Los Angeles, California

March 6, 2003
[Federal Register Volume 62, Number 178 (Monday, September 15, 1997)]
[Notices]
[Page 48213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24399]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Economic Development Administration


Performance Review Board; Membership

    The following individuals are eligible to serve on the Performance 
Review Board in accordance with the Economic Development Administration 
Senior Executive Service performance appraisal system:

John E. Corrigan
Wilbur F. Hawkins
John D. Newell
Charles R. Sawyer
Chester J. Straub, Jr.
Anthony J. Calza,
Acting Executive Secretary, Economic Development Administration, 
Performance Review Board.
[FR Doc. 97-24399 Filed 9-12-97; 8:45 am]
BILLING CODE 3510-BS-M