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

                                                                    EXHIBIT 10.1

                                 AMENDMENT NO. 8
                                     TO THE
                       HEALTH MANAGEMENT ASSOCIATES, INC.
                     STOCK OPTION PLAN FOR OUTSIDE DIRECTORS

                           Effective December 4, 2001

     WHEREAS, Health Management Associates, Inc., a Delaware corporation (the
"Company"), has established the Health Management Associates, Inc. Stock Option
Plan for Outside Directors, effective February 21, 1995, as heretofore amended
(the "Directors' Option Plan"); and

     WHEREAS, Charles R. Lees will complete his tenure as a member of the Board
of Directors of the Company on February 19, 2002, and the Board of Directors is
greatly appreciative of the many years of dedicated service that Mr. Lees has
performed for the Company; and

     WHEREAS, pursuant to Section 13 of the Directors' Option Plan, the Board of
Directors of the Company has authorized, approved, and adopted the amendment to
the Directors' Option Plan set forth herein;

     NOW, THEREFORE, the Directors' Option Plan is hereby amended, effective
December 4, 2001, as follows:

     1. A new Section "19. Lees Options." is hereby added to the Directors'
Option Plan, to provide in its entirety as follows:

          "19. Lees Options. Notwithstanding any other provision of this Plan or
     of any stock option agreement between the Company and Charles R. Lees to
     the contrary, all Options heretofore granted under this Plan to Charles R.
     Lees and outstanding on December 4, 2001 are hereby extended and shall
     instead expire on the date that is six months following the date of his
     death. To the extent any such Option remains unexercised at the close of
     business on the date that is six months following the date of his death, it
     shall be forfeited. Each such Option shall continue to vest and become
     exercisable in accordance with its original terms, and upon the death of
     Charles R. Lees, only those outstanding Options (or portions thereof) that
     have vested by the date of death shall be exercisable by his legal
     representative."

     2. Except as amended hereby, the Directors' Option Plan shall remain in
full force and effect in accordance with its terms.

     This Amendment No. 8 to the Health Management Associates, Inc. Stock Option
Plan for Outside Directors was authorized, approved, and adopted by the Board of
Directors of the Company on December 4, 2001.



                                        /s/ Timothy R. Parry
                                        ----------------------------------------
                                        Timothy R. Parry, Corporate Secretary
Exhibit 99.1

       Statement Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
         By Principal Executive Officer and Principal Financial Officer
       Regarding Facts and Circumstances Relating to Exchange Act Filings

I, James A. Prestiano, certify that:


1. I have reviewed this quarterly report on Form 10-QSB for the period ended
September 30, 2002;

2. Based on my knowledge, this quarterly 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 quarterly
report;

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

4. I am responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the
registrant and I have:

         a) designed such disclosure controls and procedures to ensure that
         material information relating to the registrant is made known to me by
         others, particularly during the period in which this quarterly report
         is being prepared;

         b) evaluated the effectiveness of the registrant's disclosure controls
         and procedures as of a date within 90 days prior to the filing date of
         this quarterly report (the "Evaluation Date"); and

         c) presented in this quarterly report my conclusions about the
         effectiveness of the disclosure controls and procedures based on my
         evaluation as of the Evaluation Date;

5. I have disclosed, based on my most recent evaluation, to the registrant's
auditors and the registrant's board of directors:

         a) all significant deficiencies in the design or operation of internal
         controls which could adversely affect the registrant's ability to
         record, process, summarize and report financial data and have
         identified for the registrant's auditors any material weaknesses in
         internal controls; and

         b) any fraud, whether or not material, that involves management or
         other employees who have a significant role in the registrant's
         internal controls; and

6. I have indicated in this quarterly report whether or not there were
significant changes in internal controls or in other factors that could
significantly affect internal controls subsequent to the date of my most recent
evaluation, including any corrective actions with regard to significant
deficiencies and material weaknesses.


Date:  November 13, 2002.

                                       /s/ James A. Prestiano
                                       ---------------------------------------
                                       James A. Prestiano, President
<PAGE>

                                                                   EXHIBIT 23.1

              CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

  We consent to the incorporation by reference in the Post-Effective Amendment
No. 1 to the Registration Statement (Form S-8, No. 333-05437) pertaining to
the 1992 Stock Option Plan, the 1995 Stock Option Plan, as amended, and the
1995 Director Option Plan of YES! Entertainment Corporation, the Post
Effective Amendment No. 4 on Form S-3 to the Registration Statement (Form S-1
No. 33-91408) for the registration of 320,729 shares of Common Stock issued in
connection with the conversion of Convertible Notes of YES! Entertainment
Corporation and in the related Prospectus, and the Registration Statement
(Form S-3 No. 333-23917) for the registration of 4,325,591 shares of Common
Stock related to Convertible Notes and Series A Convertible Preferred Stock of
YES! Entertainment Corporation and in the related Prospectus of our report
dated February 28, 1996, with respect to the consolidated financial statements
and schedules of YES! Entertainment Corporation included in its Annual Report
(Form 10-K) for the year ended December 31, 1996, filed with the Securities
and Exchange Commission.

                                          /s/ Ernst & Young LLP

San Jose, California
March 26, 1997
IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

JOSE PARRA, )

)

Petitioner, )

) Civil Action No. 05-321 Erie

v. )

)

U.S. PAROLE COMMISSION, et al., )

)

Respondents. )

MEMORANDUM ORDER

This habeas corpus action was received by the Clerk of Court on October 27,

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. 11], filed on

December 15, 2005, recommended that Petitioner’s motion prohibiting Bureau of

Prisons from transferring him until final disposition of petition for writ of habeas corpus

[Doc. No. 7] be denied. The parties were allowed ten (10) days from the date of service

to file objections. Service was made on Petitioner by certified mail and on Respondent.

Objections were filed on December 21, 2005 [Doc. No. 12]. After de novo review of the

motion and documents in the case, together with the Report and Recommendation and

objections thereto, the following order is entered:

AND NOW, this 27th day of December, 2005;

IT IS HEREBY ORDERED that the motion prohibiting Bureau of Prisons from

transferring him until final disposition of petition for writ of habeas corpus [Doc. No. 7] is

DENIED. 

The Report and Recommendation [Doc. No. 12] of Magistrate Judge Baxter, filed

on December 15, 2005, is adopted as the opinion of the Court.

 s/ Sean J. McLaughlin

United States District Judge

cm: All parties of record

Case 1:05-cv-00321-SJM-SPB Document 13 Filed 12/27/05 Page 1 of 2
2

Susan Paradise Baxter, U.S. Magistrate Judge

Case 1:05-cv-00321-SJM-SPB Document 13 Filed 12/27/05 Page 2 of 2
#### STATE of Louisiana v. Cepha Lee CUNNINGHAM.

No. 60554.

Supreme Court of Louisiana.

Dec. 27, 1977.

Lewis Weinstein, Richard C. Goorley, Shreveport, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Charles B. Bice, Dist. Atty., Kermit M. Simmons, Douglas H. Allen, Asst. Dist. Attys., for plaintiff-ap-pellee.

PER CURIAM.

Affirmed.
IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

CAMERON RITCHIE, )

)

Plaintiff, )

) Civil Action No. 02-353 Erie

v. )

)

ERIE COUNTY PRISON, et al., )

)

Defendants. )

MEMORANDUM ORDER

This civil rights action was received by the Clerk of Court on December 19, 2002,

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. 69], filed on

October 26, 2005, recommended that Defendants’ motion for summary judgment [Doc.

No. 55] 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 Defendants. 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 10th day of November, 2005;

IT IS HEREBY ORDERED that the Defendant’s motion for summary judgment

[Doc. No. 55] is GRANTED. 

The Report and Recommendation [Doc. No. 69] of Magistrate Judge Baxter, filed

on October 26, 2005, 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 1:02-cv-00353-SJM-SPB Document 70 Filed 11/10/05 Page 1 of 1
* Pursuant to 5 TH C IR

. R. 47.5, the Court has determine d that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

____________________

No. 97-50948

Summary Calendar

____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JEFFREY WAYNE EMMONS,

Defendant-Appellant.

_________________________________________________________________

Appeal from the United States District Court,

for the Western District of Texas

(A-96-CA-851-JN)

_________________________________________________________________

July 27, 1998

Before KING, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM: *

Jeffrey Wayne Emmons, federal inmate # 49023-080, appeals the

district court’s denial of his 28 U.S.C. § 2255 motion to vacate,

correct, or set aside his conviction for using and carrying a

firearm in relation to a drug trafficking crime. Because Emmons’s

appeal is straightforward, the interests of justice do not require

the appointment of counsel. Accordingly, Emmons’s motion for

appointment of counsel is DENIED

.2

Emmons contends that his conviction in 1989 under 18 U.S.C. §

924(c)(1) must be vacated because the definition in the jury

instructions of the term “use” was erroneous in the light of Bailey

v. United States , 516 U.S. 137 (1995). The jury instructions did

not define the term “carry” and, therefore, the jury was permitted

to give the term its ordinary meaning. The only firearms relating

to Emmons, introduced into evidence at trial, were those he

transported in the trunk of his vehicle. Therefore, the jury’s

guilty verdict for “using” or “carrying” firearms, bas ed on the

evidence at trial, necessarily encompassed the elements required to

sustain a conviction under the “carrying” prong of 18 U.S.C. §

924(c)(1). See Muscarello v. United States , ___ U.S. ___, 118 S.

Ct. 1911, 1913-14 (1998) (holding that a firearm in the trunk of a

car satisfies the “carrying” prong of § 924(c)(1)); United States

v. Harlan

, 130 F.3d 1152, 1153-54 (5th Cir. 1997). Accordingly,

Emmons is not entitled to § 2255 relief. See U nited States v.

Logan , 135 F.3d 353, 355-56 (5th Cir. 1998).

AFFIRMED
Frontier / Great Lakes Codeshare Agreement



                                                          CODESHARE AGREEMENT

         This Amendment No. 1 (the "Amendment") is made and entered into as of February 8, 2002 (the "Effective Date"),
by and between Frontier Airlines, Inc. ("Frontier"), a corporation organized under the laws of Colorado, and Great
Lakes Aviation Ltd. ("Great Lakes"), a corporation organized under the laws of Iowa.

RECITALS:

A.       Frontier and Great Lakes have entered into a Codeshare Agreement, dated as of May 3, 2001
                  (the "Codeshare Agreement").  All capitalized terms used in this Amendment, but
                  not defined herein, shall have the meaning given to such terms in the Codeshare Agreement.

B.       Frontier has also entered into a codeshare agreement with Mesa Airlines, Inc.


NOW, THEREFORE, in consideration of the recitals and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Great Lakes and Frontier agree to amend the Codeshare Agreement as
follows:


1.       Add the following new Section 2(4):  In consideration for the reservation services, CRS fees, credit
                  card charge commissions, and certain ticketing services provided by Frontier under the
                  Codeshare Agreement, Great Lakes agrees to pay to Frontier a * per passenger fee for
                  passengers flying solely on connecting routes that involve flight segments operated by both
                  Mesa and Great Lakes under the F9 code; i.e., connecting routes that do not involve any
                  Frontier-operated segments.

2.       This Amendment shall be in full force and effect during the entire term of the Codeshare Agreement.

                                                              GREAT LAKES AVIATION, LTD.


                                                              By: ______________________________
                                                              Name: ____________________________
                                                              Title: _____________________________

                                                              FRONTIER AIRLINES, INC.


                                                              By: ______________________________
                                                              Name: ____________________________
                                                              Title: _____________________________
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<CIK> 0001077370
<NAME> INSWEB CORPORATION
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                          49,222
<SECURITIES>                                    54,948
<RECEIVABLES>                                    4,866
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               111,691
<PP&E>                                           9,429
<DEPRECIATION>                                   2,422
<TOTAL-ASSETS>                                 128,038
<CURRENT-LIABILITIES>                            5,092
<BONDS>                                          1,402
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            35
<OTHER-SE>                                     121,510
<TOTAL-LIABILITY-AND-EQUITY>                   128,038
<SALES>                                         15,413
<TOTAL-REVENUES>                                15,413
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                41,290
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 606
<INCOME-PRETAX>                               (25,190)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (25,190)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (25,190)
<EPS-BASIC>                                     (1.25)
<EPS-DILUTED>                                   (1.25)


</TABLE>
#### Oather James MANNINGS, Petitioner, v. Louie L. WAINWRIGHT, Director, Division of Corrections, Respondent.

No. 71-304.

District Court of Appeal of Florida, Fourth District.

April 30, 1971.

Rehearing Denied June 8, 1971.

Petition denied.
##### 



EXHIBIT 32.2

CERTIFICATION OF PRINCIPAL ACCOUNTING OFFICER

I, James P. Tolley, the principal accounting officer of Agemark Corporation
(the
Registrant), do hereby certify in accordance with 18 U.S.C. 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, based on my
knowledge:



| |                                                                                                                                                                                                                                                   
| | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| | (1) the Quarterly Report on Form 10-QSB of the Registrant, to which
this certification is attached as an exhibit (the Report), fully
complies with the requirements of Section 13(a) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m); and



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

|                              
|------------------------------
|Dated: September 4, 2003      
|                              
|/s/ JAMES P. TOLLEY           
|                              
|James P. Tolley               
|Treasurer and                 
|Chief Financial Officer       
|(Principal 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.

20
[Federal Register Volume 62, Number 186 (Thursday, September 25, 1997)]
[Notices]
[Page 50371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25685]


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

FEDERAL RESERVE SYSTEM


Sunshine Act Meeting

Agency Holding the Meeting: Committee on Employee Benefits of the 
Federal Reserve System.

Time and Date: 2:30 p.m., Tuesday, September 30, 1997.

Place: Marriner S. Eccles Federal Reserve Board Building, C Street 
entrance between 20th and 2lst Streets, N.W., Washington, D.C. 20551.

Status: Open.

Matters to be Considered:

    1. Review of the 1998 budget for the Office of Employee Benefits.
    2. Any items carried forward from a previously announced meeting.

    <bullet> The Committee on Employee Benefits considers matters 
relating to the Retirement, Thrift, Long-Term Disability Income, and 
Insurance Plans for Employees of the Federal Reserve System.

    Note: This meeting will be recorded for the benefit of those 
unable to attend. Cassettes will be available for listening in the 
Board's Freedom of Information Office, and copies may be ordered for 
$5 per cassette by calling (202) 452-3684 or by writing to: Freedom 
of Information Office, Board of Governors of the Federal Reserve 
System, Washington, D.C. 20551.

Contact Person for More Information: Mr. Joseph R. Coyne, Assistant to 
the Board; (202) 452-3204.

    Dated: September 23, 1997.
William W. Wiles,
Secretary of the Board.
[FR Doc. 97-25685 Filed 9-23-97; 3:55 pm]
BILLING CODE 6210-01-P
<TABLE>
<S>     <C>
Exhibit 23.2




               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS




Board of Directors
Atlantic Coast Airlines, Inc.


We  hereby  consent  to the  incorporation  by  reference  in  the  Registration
Statement on Form S-8 (No. 333-15795 and 33-67492) of our report,  dated January
24, 1997, except for Note 18, the date of which is May 29, 1997, relating to the
consolidated financial statements and schedule of Atlantic Coast Airlines,  Inc.
appearing  in the  Company's  Annual  Report  on Form  10-K for the  year  ended
December 31, 1997.




                                                                             /S/
                                                                 ----------------------------
                                                                 BDO Seidman, LLP


Washington, D.C.
March 23, 1998
</TABLE>