alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Jerry CRIBBS, Petitioner, v. STATE of Florida, Respondent.

No. N-372.

District Court of Appeal of Florida, First District.

July 2, 1970.

Rehearing Denied Aug. 5, 1970.

Joseph A. St. Ana, Jacksonville, for petitioner.

Earl Faircloth, Atty. Gen., and J. Christian Meffert, Asst. Atty. Gen., for respondent.

JOHNSON, Chief Judge.

This matter is before this court on petition for a writ of certiorari to the Circuit Court of Duval County, Florida.

The defendant was informed against in the . Criminal Court of Record of Duval County, for the crime of assault to murder. On the day set for trial, the State Attorney suggested he would like to file a new information charging the defendant with only aggravated assault. The defense attorney objected to going to trial on that day, requesting a continuance, but did not object to the filing of the new or amended information. The motion to continue was not in writing and was denied. The defendant was convicted only of assault and battery. The case was appealed to the Circuit Court of Duval County, and affirmed. Hence this petition for certio-, rari.

We are committed to the precedent heretofore set by this court and other appellate courts of this state, that the certiorari jurisdiction of this court directed to the circuit courts sitting in their appellate capacity is limited to determining from the face of the record whether the lower court has exceeded its jurisdiction, or has not proceeded according to the essential *298requirements of law which are deemed essential to the administration of justice.

In the case sub judice, it appears that the matters complained of did not pertain to jurisdiction but only an abuse of the trial court’s discretion in denying continuance. The circuit court sitting in its appellate capacity affirmed the conviction in the trial court thereby necessarily finding no abuse of discretion by the trial court. Nothing has been shown to this court which shows any abuse by either the trial court or the circuit court warranting any further review by this court and therefore the petition for writ of certiorari is denied. State v. Smith, 118 So.2d 792, 795 (Fla.App.1st, 1960).

WIGGINTON and SPECTOR, JJ., concur.
No. D-2237.

#### In re Disbarment of Schachleiter.

Kenneth Thomas Schachleiter, of Cincinnati, Ohio, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.
_________________________________________ 

 

 

Order Michigan Supreme Court 

Lansing, Michigan 

December 27, 2005 Clifford W. Taylor,

 Chief Justice 

129012 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: 129012 

 COA: 252591 

Wayne CC: 03-004736-01 

JEREMY CONN,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the May 19, 2005 

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

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

t1219 

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 27, 2005 

Clerk
Court of Appeals of the State of Georgia Clerk's Office, Atlanta, May 10, 2017. I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk. 

# Court of Appeals of the State of Georgia
ATLANTA, May 10, 2017 The Court of Appeals hereby passes the following order A17D0405. DAVID KING v. THE STATE. Upon consideration of the Application for Discretionary Appeal, it is ordered that it be hereby DENIED.
LC NUMBERS: Z00824
SHW-12.31.2013-EX10o






EXHIBIT 10(o)


Summary of 
The Sherwin-Williams Company Revised Executive Disability Plan




Effective as of January 1, 2013, the Sherwin-Williams Company adopted The Sherwin-Williams Company Revised Executive Long Term Disability Plan that provides benefits in the event of a long term disability to executives who are not otherwise covered by the Sherwin-Williams Company Executive Disability Income Plan, which was frozen to new participants effective January 1, 2008.  Upon a covered executive experiencing a qualifying disability, the plan will provide a benefit to the executive equal to 60% of his or her base salary, subject to a maximum monthly benefit of $35,000.  Benefit payments under the plan begin after the executive has experienced a qualifying disability for 180 days.  Benefit payments cease at the earliest of the executive reaching the Social Security normal retirement age (or, if age 60 or older at the time of disability, a period of 12-60 months depending on the executive’s age), the executive’s recovery from the disability, or the executive’s death.  The premium for coverage provided by the plan is company-paid.
[Federal Register Volume 62, Number 29 (Wednesday, February 12, 1997)]
[Notices]
[Page 6552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3416]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Substance Abuse and Mental Health Services Administration (SAMHSA)


Notice of Meeting

    Pursuant to Public Law 92-463, notice is hereby given of the 
following meeting of the SAMHSA Special Emphasis Panel I in March.
    A summary of the meeting and a roster of the members may be 
obtained from: Ms. Dee Herman, Committee Management Liaison, SAMHSA 
Office of Extramural Activities Review, 5600 Fishers Lane, Room 17-89, 
Rockville, Maryland 20857. Telephone: (301) 443-4783.
    Substantive program information may be obtained from the individual 
named as Contact for the meeting listed below.
    The meeting will include the review, discussion and evaluation of 
individual grant applications. These discussions could reveal personal 
information concerning individuals associated with the applications. 
Accordingly, this meeting is concerned with matters exempt from 
mandatory disclosure in Title 5 U.S.C. 552b(c)(6) and 5 U.S.C. App.2, 
Sec. 10(d).

    Committee Name: SAMHSA Special Emphasis Panel I (SEP I).
    Meeting Dates: March 3, 1997--9:30 a.m.--4:00 p.m.
    Place: Sheraton City Center Hotel, The Georgetown Room, 1143 New 
Hampshire Avenue, NW., Washington, DC 20037.
    Closed: March 3, 1997--9:30 a.m.--4:00 p.m.
    Panel: Center for Mental Health Services, Technical Assistance 
Center.
    Contact: Stanley Kusnetz, Room 17-89, Parklawn Building, 
Telephone: (301) 443-9918 and FAX: (301) 443-3437.

    Dated: February 6, 1997.
Jeri Lipov,
Committee Management Officer, SAMHSA.
[FR Doc. 97-3416 Filed 2-11-97; 8:45 am]
BILLING CODE 4162-20-P
Exhibit 10.44


 


FOURTH AMENDMENT TO THE EXPONENT, INC.
401(k) SAVINGS PLAN


(AS AMENDED AND RESTATED
JANUARY 1, 2010)


 


WHEREAS, Exponent, Inc. (the “Company”)
adopted an amended and restated 401(k) Savings Plan effective January 1, 2010 (the "Plan"); and


 


WHEREAS, the Company wishes to retroactively
amend the Plan in order to reflect the Plan’s operation with regard to the calculation of Years of Service for vesting purposes
in connection with correction of certain operational errors pursuant to IRS Revenue Procedure 2008-50; and


 


WHEREAS, the Company retains the right to
amend the Plan under Section 11.1(a) thereof; and


 


WHEREAS, pursuant to Section 11.1(b) of
the Plan, the Company has delegated to the Plan’s administrative committee the authority to adopt amendments that are designed
to bring the Plan into compliance with applicable law, designed to ensure the continued tax-qualified status of the Plan or do
not have a significant financial impact on the Company;


 


NOW, THEREFORE, effective as of January 2, 1999, the definition
of “Year of Service” contained in the Plan (currently Section 2.46 of the Plan) is hereby amended, with respect to
the calculation of an employee’s vesting service, to read as follows:


 


“Year of Service.
“Year of Service” means, with respect to the calculation of an Employee’s vesting service under the Plan, a Plan
Year during which the Employee is credited with at least one thousand (1,000) Hours of Service.”


  


IN WITNESS WHEREOF, the Company has caused
this Fourth Amendment to the Plan to be executed by its duly authorized officer.


 


	Dated:  July 2, 2013	EXPONENT, INC.
	 	By: 	/s/ Gregory P. Klein
	 	Title: Vice President, Human Resources
```
[Federal Register Volume 62, Number 36 (Monday, February 24, 1997)]
[Notices]
[Pages 8305-8306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4463]

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

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Environmental Impact Statement Suspension; Santa Fe and San 
Miguel Counties, NM

SUMMARY: The FHWA is issuing this notice to advise the public that we 
have suspended preparation of an environmental impact statement for a 
proposed transportation improvement project in Santa Fe and San Miguel 
Counties, New Mexico.

FOR FURTHER INFORMATION CONTACT:
Reuben S. Thomas, Division Administrator, Federal Highway 
Administration, 604 W. San Mateo, Santa Fe, NM 87505. Telephone: (505) 
820-2022.

SUPPLEMENTARY INFORMATION: The FHWA, in cooperation with the New Mexico 
State Highway and

[[Page 8306]]

Transportation Department (NMSHTD), has decided to suspend preparation 
of an environmental impact statement (EIS) on three alternative 
alignments for connecting NM 50 to I-25 in the vicinity of the Glorieta 
Unit of the Pecos National Historical Park.
    In the late fall of 1996 the FHWA and NMSHTD concluded from the 
information prepared in the EIS study, from public and agency input 
received over the course of the study and from the lack of available 
funding, that an alternative outside the existing roadway corridor 
would not be in the best interest of the traveling public. Likewise, 
the FHWA/NMSHTD concluded that any improvements along the existing 
roadway corridor within the Pecos National Historical Park, Pigeon's 
Ranch Subunit, do not appear to be compatible with National Park 
Service preservation and interpretation commitments. Therefore this 
notice of EIS study suspension has been published in the Federal 
Register. Work to date is documented in an Environmental Data 
Investigation Report. This report is available for review in the Santa 
Fe offices of NMSHTD and FHWA.

    Issued on: February 4, 1996.
Reuben S. Thomas,
Division Administrator, Santa Fe, NM.
[FR Doc. 97-4463 Filed 2-21-97; 8:45 am]
BILLING CODE 4010-22-M
```
[Federal Register Volume 62, Number 250 (Wednesday, December 31, 1997)]
[Notices]
[Page 68281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-34018]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket Nos. ER98-265-001 and ER98-266-001]


Consolidated Edison Company of New York, Inc.; Notice of Refund 
Report

December 23, 1997.
    Take notice that on December 15, 1997, Consolidated Edison Company 
of New York, Inc. (Con Edison), tendered for filing with the 
Commission, its Refund Report made in compliance with the Commission's 
Order issued December 3, 1997, in the above referenced docket.
    Con Edison states that no refund is due to PECO Energy Company or 
Sonat Power Marketing, L.P.
    Any person desiring to be heard or to protest said filing 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 
protests should be filed on or before January 5, 1998. Protests will be 
considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make the protestants parties to the 
proceeding. Copies of the filing are on file with the Commission and 
are available for public inspection.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 97-34018 Filed 12-30-97; 8:45 am]
BILLING CODE 6717-01-M
H. R. 7259 

One Hundred Sixteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Friday, 

the third day of January, two thousand and twenty 

An Act 

To allow acceleration certificates awarded under the Patents for Humanity Program 

to be transferable. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Patents for Humanity Program 

Improvement Act’’. 

SEC. 2. TRANSFERABILITY OF ACCELERATION CERTIFICATES. 

(a) IN GENERAL.—A holder of an acceleration certificate issued 

pursuant to the Patents for Humanity Program (established in 

the notice entitled ‘‘Humanitarian Awards Pilot Program’’, published at 77 Fed. Reg. 6544 (February 8, 2012)), or any successor 

thereto, of the United States Patent and Trademark Office, may 

transfer (including by sale) the entitlement to such acceleration 

certificate to another person. 

(b) REQUIREMENT.—An acceleration certificate transferred 

under subsection (a) shall be subject to any other applicable limitations under the notice entitled ‘‘Humanitarian Awards Pilot Program’’, published at 77 Fed. Reg. 6544 (February 8, 2012), or 

any successor thereto. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
#### MISSISSIPPI EMPLOYMENT SECURITY COMMISSION v. Robert S. MALONEY.

No. 50651.

Supreme Court of Mississippi.

Sept. 20, 1978.

Leopoldo T. Aragon, Jackson,, for appellant.

David W. Dreher, Jackson, for appellee.

Appeal from Circuit Court, Hinds County; Dan M. Lee, Judge.

Before SMITH, P. J., and WALKER and BOWLING, JJ.

AFFIRMED.
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**964 CA 13-01921**  PRESENT: SMITH, J.P., FAHEY, LINDLEY, VALENTINO, AND DEJOSEPH, JJ.

SUSAN L. BOTTICELLI, PLAINTIFF-APPELLANT,

V ORDER
GARY A. BOTTICELLI, DEFENDANT-RESPONDENT.

LABIN & BUFFOMANTE, WILLIAMSVILLE (CLAYTON J. LENHARDT OF COUNSEL), FOR PLAINTIFF-APPELLANT.
ROBERT S. STEPHENSON, BUFFALO, FOR DEFENDANT-RESPONDENT.

Appeal from a judgment of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered January 18, 2013 in a divorce action. The judgment, inter alia, equitably distributed the assets of the parties.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties and filed on September 10, 2014, It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.

Entered: September 26, 2014 Frances E. Cafarell Clerk of the Court
EXHIBIT 31.1

                                  CERTIFICATION

I, Paul Clark, President, Chief Executive Officer and Chief Financial Officer of
the Company, hereby certify, that:

1. I have reviewed the quarterly report on Form 10-QSB of The Banker's Store,
Inc.;

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 in order
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 the
report;

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

4. I:

i. am responsible for establishing and maintaining "disclosure controls and
procedures" for the issuer;

ii. have designed such disclosure controls and procedures to ensure that
material information is made known to them, particularly during the period in
which the periodic report is being prepared;

iii. have evaluated the effectiveness of the issuer's disclosure controls and
procedures as of a date within 90 days prior to the filing date of the report;
and

iv. have presented in the report their conclusions about the effectiveness of
the disclosure controls and procedures based on the required evaluation as of
the date;

5. I have disclosed to the issuer's auditors and to the board of directors:

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

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

6. I have indicated in the 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 their evaluation, including any
corrective actions with regard to significant deficiencies and material
weaknesses.



                                /s/ PAUL D. CLARK
                                ------------------

                                    PAUL D. CLARK
                                    PRESIDENT, CHIEF EXECUTIVE OFFICER
                                    AND CHIEF FINANCIAL OFFICER

OCTOBER 20, 2004
```
[Federal Register Volume 62, Number 36 (Monday, February 24, 1997)]
[Notices]
[Page 8247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4460]

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

FEDERAL EMERGENCY MANAGEMENT AGENCY

[FEMA-1158-DR]

Minnesota; Amendment to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster for the 
State of Minnesota (FEMA-1158-DR), dated January 16, 1997, and related 
determinations.

EFFECTIVE DATE: February 5, 1997.

FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Response and Recovery 
Directorate, Federal Emergency Management Agency, Washington, DC 20472, 
(202) 646-3260.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident 
period for this disaster is closed effective February 3, 1997.

(Catalog of Federal Domestic Assistance No. 83.516, Disaster 
Assistance.)
Lacy E. Suiter,
Executive Associate Director, Response and Recovery Directorate.
[FR Doc. 97-4460 Filed 2-21-97; 8:45 am]
BILLING CODE 6718-02-P
```
[Federal Register Volume 62, Number 31 (Friday, February 14, 1997)]
[Notices]
[Page 7089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3788]


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


DEPARTMENT OF THE TREASURY

Submission for OMB Review; Comment Request

February 5, 1997.
    The Department of the Treasury has submitted the following public 
information collection requirement(s) to OMB for review and clearance 
under the Paperwork Reduction Act of 1995, Public Law 104-13. Copies of 
the submission(s) may be obtained by calling the Treasury Bureau 
Clearance Officer listed. Comments regarding this information 
collection should be addressed to the OMB reviewer listed and to the 
Treasury Department Clearance Officer, Department of the Treasury, Room 
2110, 1425 New York Avenue, NW., Washington, DC 20220.

U.S. Customs Service (CUS)

    OMB Number: 1515-0204.
    Form Number: None.
    Type of Review: Extension.
    Title: North American Free Trade Agreement (NAFTA) Certificate of 
Origin.
    Description: The objectives of NAFTA are to eliminate barriers to 
trade in goods and services between the United States, Mexico, and 
Canada; facilitate conditions of fair competition within the free trade 
area; liberalize significantly conditions for investments within the 
free trade area; establish effective procedures for the joint 
administration of the NAFTA; and the resolution of disputes.
    Respondents: Business or other for-profit, individuals or 
households, not-for-profit institutions, Federal Government.
    Estimated Number of Respondents: 5,000.
    Estimated Burden Hours Per Respondent: 20 minutes.
    Frequency of Response: On occasion.
    Estimated Total Reporting Burden: 7,760 hours.
    Clearance Officer: J. Edgar Nichols (202) 927-1426, U.S. Customs 
Service, Printing and Records Management Branch, Room 6216, 1301 
Constitution Avenue, N.W., Washington, DC 20229.
    OMB Reviewer: Alexander T. Hunt (202) 395-7860, Office of 
Management and Budget, Room 10202, New Executive Office Building, 
Washington, DC 20503.
Lois K. Holland,
Departmental Reports Management Officer.
[FR Doc. 97-3788 Filed 2-13-97; 8:45 am]
BILLING CODE 4820-02-M
EXHIBIT 11

<TABLE>
                            DATA GENERAL CORPORATION

           COMPUTATION OF PRIMARY AND FULLY DILUTED EARNINGS PER SHARE
                                   (Unaudited)

                     (In thousands except per share amounts)

<CAPTION>
                                                                Quarter Ended
                                                            --------------------
                                                            Dec. 28,    Dec. 30,
                                                              1996        1995
                                                            --------    --------

<S>                                                          <C>         <C>    
Primary earnings per share:
Net income .............................................     $10,415     $ 4,709
                                                             =======     =======

Weighted average shares outstanding ....................      39,694      38,081

Incremental shares from use of treasury
  stock method for stock options .......................       2,360       2,227
                                                             -------     -------

Common and common equivalent
  shares, where applicable .............................      42,054      40,308
                                                             =======     =======

Net income per share ...................................     $  0.25     $  0.12
                                                             =======     =======

Earnings per share assuming full dilution: (a)
Net income .............................................     $10,415     $ 4,709
                                                             =======     =======

Weighted average shares outstanding ....................      39,694      38,081

Incremental shares from use of treasury
  stock method for stock options .......................       2,493       2,639
                                                             -------     -------

Common and common equivalent shares
  assuming full dilution, where applicable .............      42,187      40,720
                                                             =======     =======

Net income per share ...................................     $  0.25     $  0.12
                                                             =======     =======


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

<FN>
(a)    For the quarters  ended  December  28, 1996 and  December  30, 1995,  the
       assumed  conversion  of  convertible  debentures,  giving  effect  to the
       incremental shares and the adjustment to reduce interest expense, results
       in anti-dilution and has therefore been excluded from the computation.
</FN>
</TABLE>