alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 62, Number 5 (Wednesday, January 8, 1997)]
[Notices]
[Page 1130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-359]


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


DEPARTMENT OF JUSTICE

Notice of Extension of Comment Period for Consent Order Pursuant 
to the Comprehensive Environmental Response, Compensation and Liability 
Act

    On December 5, 1996, at 61 FR 64532, the Department of Justice 
published a notice that a proposed consent order in United States v. 
BASF Corporation, et al., Civil Action No. 96-CV-75279-DT, had been 
lodged with the United States District Court for the Eastern District 
of Michigan on November 18, 1996. The proposed consent order resolves 
certain claims alleged against 35 parties under the Comprehensive 
Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 
et seq., for the United States' response costs at the Metamora Landfill 
Site in Lapeer County, Michigan.
    The Department of Justice has been requested to extend the thirty 
day comment period to permit interested parties additional time to 
review the consent decree and prepare comments. The Department of 
Justice will extend the comment period to January 21, 1997. Persons 
wishing to submit comments should follow the procedures set out in the 
Notice of Lodging on December 5, 1996, at 61 FR 64532.
Joel Gross,
Chief, Environmental Enforcement Section Environment and Natural 
Resources Division.
[FR Doc. 97-359 Filed 1-7-97; 8:45 am]
BILLING CODE 4410-15-M
<PAGE>
 
                                                                      EXHIBIT 11
 
                                 ACORDIA, INC.
 
                       COMPUTATION OF EARNINGS PER SHARE
                 (DOLLARS IN THOUSANDS, EXCEPT PER SHARE DATA)
 
<TABLE>
<CAPTION>
                                                         1996    1995    1994
                                                        ------- ------- -------
<S>                                                     <C>     <C>     <C>
PRIMARY
  Average number of common shares outstanding..........  13,905  13,957  13,879
  Net effect of dilutive stock options and warrants--
   based on the treasury stock method of using average
   market price........................................     419     422     261
                                                        ------- ------- -------
      Total average number of common shares outstand-
       ing.............................................  14,324  14,379  14,140
                                                        ======= ======= =======
  Net income........................................... $29,888 $23,582 $28,786
                                                        ======= ======= =======
  Earnings per share................................... $  2.09 $  1.64 $  2.04
                                                        ======= ======= =======
FULLY DILUTED
  Average number of common shares outstanding..........  13,905  13,957  13,879
  Net effect of dilutive stock options and warrants--
   based on the treasury stock method of using the pe-
   riod-end market price if higher than average market
   price...............................................     426     421     600
                                                        ------- ------- -------
      Total average number of common shares outstand-
       ing.............................................  14,331  14,378  14,479
                                                        ======= ======= =======
  Net income........................................... $29,888 $23,582 $28,786
                                                        ======= ======= =======
  Earnings per share................................... $  2.09 $  1.64 $  1.99
                                                        ======= ======= =======
</TABLE>
 
                                       41
#### Frederick PARKS, Appellant, v. The STATE of Florida, Appellee.

No. 71-913.

District Court of Appeal of Florida, Third District.

Dec. 14, 1971.

Rehearing Denied Jan. 20, 1972.

Basil E. Dalack, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and William L. Rogers, Legal Intern, for appellee.

Before PEARSON, CHARLES CARROLL and HENDRY, JJ.

PER CURIAM.

Appellant was found guilty of rape after a jury trial. The judgment was affirmed upon appeal. See Parks v. State, Fla.App. 1968, 206 So.2d 431. This appeal is from a denial of appellant’s third petition for relief pursuant to CrPR 3.850, 33 F.S.A. Appellant’s petition for relief alleges that he did not receive a fair trial because of: (1) remarks of the state’s attorney which were not supported by the evidence, (2) remarks of the state’s attorney designed to arouse racial prejudice in the jury, (3) the failure of the trial court to sever appellant’s trial from that of the other defendants even though appellant’s privately employed counsel failed to move for a severance.

We hold that appellant’s petition fails to raise an issue which is properly to be considered upon a petition pursuant to CrPR 3.850. The proceedings provided in CrPR 3.850 are not a second appeal. Wilcox v. State, Fla.App.1965, 171 So.2d 427; Mitchell v. State, Fla.App.1964, 167 So.2d 27; Marti v. State, Fla.App.1964, 163 So.2d 506. Appellant has been afforded a full review of his trial and a petition which does not set forth facts impairing the fundamental fairness of the trial or the denial of specific constitutional protection is properly denied. Marti v. State, Fla.App.1964, 163 So.2d 506; Cade v. Balkcom, 361 F.2d 212 (5th Cir. 1966).

Affirmed.
No. 10894.

#### In the Matter of the Application to Probate the Will of Margareta Pauline Wallace, Deceased.

Decided April 28, 1908.

Error to Circuit Court of Clermont county.

*Mr. Thorne Baker*and *Mr. A. JJ. Bode,*for plaintiff in error.

*Mr. Eli H. Speidel,*for defendant in error.

Judgment affirmed.

Shauck, C. J., Price, Crew, Summers, Spear and Davis, JJ., concur.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF ADAM SOFTWARE, INC. FOR THE YEAR ENDED MARCH 31, 1997,
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED> 
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-START>                             APR-01-1996
<PERIOD-END>                               MAR-31-1997
<CASH>                                           2,422
<SECURITIES>                                     8,546
<RECEIVABLES>                                      638
<ALLOWANCES>                                       459
<INVENTORY>                                        375
<CURRENT-ASSETS>                                12,089
<PP&E>                                             729
<DEPRECIATION>                                   1,481
<TOTAL-ASSETS>                                  13,662
<CURRENT-LIABILITIES>                            2,107
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            52
<OTHER-SE>                                      11,555
<TOTAL-LIABILITY-AND-EQUITY>                    13,662
<SALES>                                          4,591
<TOTAL-REVENUES>                                 4,591
<CGS>                                            1,280
<TOTAL-COSTS>                                   10,893
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   8
<INCOME-PRETAX>                                 (5,441)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             (5,441)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         0
<EPS-PRIMARY>                                    (1.03)  
<EPS-DILUTED>                                    (1.03)
        

</TABLE>
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT JOSEPH B . M ATTHEW S, Plaintiff - Appe lla nt, v. LAHEY, Nurse ; e t a l., De fe nda

nts - Appe lle e s. No. 13-15463 D.C . No. 2:09-c v-02415-GEB KJN M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the Ea ste rn Distric t of C a lifornia Garland E. B urre ll, Jr., Distric t Judge , Pre siding Subm itte d Fe brua

ry 18, 2014 * * B e fore : ALAR C ÓN, O’ SC ANNLAIN, a nd FER N ANDEZ, C irc uit Judge s. Jose ph B . M atthe ws, a C a lifornia sta te prisone r, a

ppe a l s pro se from

the distric t c o urt’ s sum

m ary judgm e nt in his 42 U.S.C . § 1983 a c t ion a lle g ing de libe rat e indiffe re nc e to his se rious m e dic a l ne e ds. W e hav e jurisdic tion unde r 28 U.S.C . § 1291. W e re v ie w de n ovo, Toguc hi v . C hung , 391 F.3d 1051, 1056 (9th



# FIL ED FEB 28 2014 M OLLY C. DW Y ER, CLERK U . S . CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se e Fe d. R . App. P. 34(a)(2).C ir. 2004), a nd we a ffirm . The distric t c ourt prope rly grante d sum

m a ry judgm e nt be c a

use M atthe ws fa ile d to ra ise a

ge nuine disputeof m ate ria l fa c t a s to whe the r de fe nda nts we re de libe rat e ly

indiffe re nt to his right c lav ic le fra c ture . Se e id. at 1057-60 (a prison offic ia l a c ts with de l ibe rate indiffe re nc e only if he or she knows of a

nd disre ga

rds an e x c e ssive risk to a

prisone r’ s he a lth a

nd sa fe ty ; ne glige nc e and a m e re diffe re nc e in m e dic a l opinion a re insuffic ie nt); se e also Starr v. Bac a , 652 F.3d 1202, 1207 (9th C ir. 2011) (disc ussing there quire m e nts for e sta blishing supe rvisory

lia bility). M atthe ws’ c onte ntion tha t he did not re c e ive prope r notic e of the re quire m e nts to oppose

sum m ary judgm e nt is unpe rsua sive . AFFIRM E D.

1 3 - 1 5 4 6 3 2
[Federal Register Volume 62, Number 38 (Wednesday, February 26, 1997)]
[Rules and Regulations]
[Page 8633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4709]



[[Page 8633]]

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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 43


Regulation of International Accounting Rates; Correction

AGENCY: Federal Communications Commission.

ACTION: Final rule; correction.

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

SUMMARY: The FCC is correcting an error in Sec. 43.51 of Part 43 of 
Title 47 of the Code of Federal Regulations which appeared in the 
Federal Register on February 6, 1997 (62 FR 5535).

FOR FURTHER INFORMATION CONTACT: Kathryn O'Brien, Attorney-Advisor, 
Policy and Facilities Branch, Telecommunications Division, 
International Bureau, (202) 418-1470.

SUPPLEMENTARY INFORMATION:

Background

    The final regulations that are the subject of these corrections 
replace the Sec. 43.51 (d) designation with the designation as 
Sec. 43.51(e). The incorrect designation was a result of Sec. 43.51(d) 
being reviewed by the Office of Management and Budget (OMB). OMB's 
approval of Sec. 43.51(d) was effective on February 6, 1997, thereby 
necessitating a correction to the labeling of Sec. 43.51(d) as 
contained in these final rules.

Need for Correction

    As published, the final rules contain labeling errors that may 
prove to be misleading and are in need of corrections to properly 
identify the rule sections.

Correction of Publication

    The following corrections are made in Sec. 43.51 of Part 43 of 
Title 47 of the Code of Federal Regulations published in the Federal 
Register on February 6, 1997 (62 FR 5535).


Sec. 43.51  [Corrected]

    1. On page 5541, first column, line 6, the amendatory instruction 
for Sec. 43.51 is correctly revised to read as follows:

    2. Section 43.51 is amended by revising paragraph (e) to read as 
follows:

    2. On page 5541, first column, line 11, change ``(d) International 
settlement policy.'' to ``(e) International settlement policy.''

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-4709 Filed 2-25-97; 8:45 am]
BILLING CODE 6712-01-P
EXHIBIT 99(i)


                             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 Hydron Technologies, Inc. (the
"Registrant") on Form 10-Q for the period ended September 30, 2002 as filed with
the Securities and Exchange Commission on November 14, 2002, hereof (the
"Report"), the undersigned officers certify, pursuant to 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 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 Registrant.


                                       HYDRON TECHNOLOGIES, INC.

                                       /s/ RICHARD BANAKUS
                                       -------------------------------
                                       Richard Banakus
                                       Chief Executive Officer
                                       November 14, 2002
#### Louis M. BUXTON, Petitioner, v. WHITMIRE & ALLEN, INC., et al., Respondents.

No. 40712.

Industrial Relations Commission No. [ XXX-XX-XXXX ].

Supreme Court of Florida.

Dec. 15, 1971.

Rehearing Denied Feb. 14, 1972.

*36Gerry R. Gordon, of Rousseau, Wilkinson, Gordon & Lawrence and Tony Cunningham, of Wagner, Cunningham & Vaughn, Tampa, for petitioner.

George H. Brown, III, St. Petersburg, J. Franklin Garner and Kenneth H. Hart, Jr., Tallahassee, for respondents.

PER CURIAM.

We granted certiorari in this case, and after hearing oral argument and considering the record we find the order of the Judge of Industrial Claims is based on competent substantial evidence under our rule as stated in United States Casualty Co. v. Maryland Casualty Co., 55 So.2d 741 (Fla.1951). It was therefore error for the Industrial Relations Commission to reverse the same. Hence, the ruling of the Industrial Relations Commission is quashed, with directions to reinstate the order of the Judge of Industrial Claims.

It is so ordered.

ROBERTS, C. J., and ERVIN, CARLTON, McCAIN and DEKLE, JJ., concur.

BOYD, J., dissents.
AIQ-12.31.2013-Ex 10.24


EXHIBIT 10.24




Alliance HealthCare Services, Inc.
Summary of Compensation Arrangements for Directors


Under our 2013 compensation program for non-employee directors, we paid our non-employee directors an annual fee of $40,000 for their services as directors, payable in quarterly installments of $10,000 each. In addition, each director who is unaffiliated with Oaktree and MTS (each, an “Unaffiliated Director”) received a restricted stock unit award on December 31, 2013 with a number of units calculated as $40,000, divided by the average share price of our Common Stock over the 15-day period preceding the grant date, rounded down to the nearest whole unit. This restricted stock unit award will vest on December 31, 2014 if the Unaffiliated Director continues his service with us through that date. Also, each Unaffiliated Director received additional annual cash compensation of $40,000, payable quarterly in installments of $10,000 each, for his Board service during 2013.  On December 31, 2013, each of Messrs. Bendikson, Harmon and Lane (the “Oaktree/MTS Directors”) received additional cash compensation of $80,000 for his Board service during 2013. 
Our directors also received the following retainers for their service on committees of the Board of Directors and for serving as a chair of a committee: 
 
	
				
	 
	 

	Committee Chair Retainers
	 

	Audit
	$
	30,000
	


	Strategic Planning and Finance
	25,000
	


	Compensation
	5,000
	


	Nominating and Corporate Governance
	5,000
	


	 
	 

	Committee Member Retainers
	 
	


	Audit
	$
	15,000
	


	Strategic Planning and Finance
	5,000
	


	Compensation
	5,000
	


	Nominating and Corporate Governance
	5,000
	





Pursuant to his offer letter from May 31, 2012, Mr. Buckelew is also entitled to director compensation for his services as Chairman of the Board for the period following the appointment of our Chief Executive Officer, Mr. Percy C. Tomlinson, on October 1, 2013. A summary of Mr. Buckelew’s offer letter is included in our proxy statement for the 2013 annual meeting of stockholders. 
As in prior years, non-employee directors received reimbursement of travel expenses related to their Board service.
We have established a directors’ deferred compensation plan for all non-employee directors. No directors elected to participate in the directors’ deferred compensation plan in 2013, and only Mr. Dimick has an account balance under the directors’ deferred compensation plan. Upon retirement, separation from the Board or the occurrence of a change of control event, Mr. Dimick has the option of being paid cash or receiving common stock for his phantom shares.
<PAGE>   1



                                                                      EXHIBIT 23



               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statement (Form
S-8 No. 33-69982) pertaining to the AER Energy Resources, Inc. 1992 Stock Option
Plan and in the Registration Statement (Form S-8 No. 33-69462) pertaining to the
AER Energy Resources, Inc. 1993 Non-Employee Director's Restricted Stock Award
Plan and in the Registration Statement (Form S-8 No. 33-89068) pertaining to the
AER Energy Resources, Inc./H. Douglas Johns Stock Option Agreement of our report
dated January 14, 2000, with respect to the financial statements of AER Energy
Resources, Inc. included in the Annual Report (Form 10-K) for the year ended
December 31, 1999.

                              /s/ Ernst & Young LLP



Atlanta, Georgia
February 23, 2000
#### ALLIED PERSONNEL, INC., a Florida corporation, Appellant, v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, a corporation, Appellee.

No. Q-164.

District Court of Appeal of Florida, First District.

Oct. 31, 1972.

PER CURIAM.

Affirmed.
Exhibit 32.1





Certification Pursuant to 18 U.S.C. § 1350








The undersigned, Donald H. Hosmer, Co-President and Co-Chief Executive Officer of Royale Energy, Inc., a California corporation (the "Company"), pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes Oxley Act of 2002, hereby certifies that:





(1) the Company's Quarterly Report on Form 10-Q for the period ended September 30, 2009 (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.











Date:  March 17, 2010
By:
/s/ Donald H. HosmerDonald H. Hosmer, Co-President and Co Chief Executive Officer
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

, Justices

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.

_________________________________________ Clerk February 6, 2013

h0130 

# Order

February 6, 2013

145188

UNITED SERVICES AUTOMOBILE

ASSOCIATION,

Plaintiff/Counter

- Defendant/Appellant,

v SC: 145188

COA: 299307

Ottawa CC: 09

- 001140

- NF

CHARLES RIMBEY and TERRY PARK,

co

- guardians of RANA REYES, a legally

incapacitated individual,

Defendants

- Appellees,

and

SPECTRUM HEALTH HOSPITALS and

SPECTRUM HEALTH CONTINUING CARE,

Defendants/Counter

- Plaintiffs/Appellees.

________________________________________/

On order of the Court, the application for leave to appeal the April 19, 2012

judgment of the Court of Appeals is c onsidered and, pursuant to MCR 7.302(H)(1), in

lieu of granting leave to appeal, we REVERSE in part the judgment of the Court of

Appeals. The trial court clearly erred in awarding the defendants attorney fees pursuant

to MCL 500.3148(1), because the plain tiff’s initial refusal to pay benefits under the no

fault act was based on a legitimate question of factual uncertainty as to whether Rana

Reyes suffered “accidental bodily injury” pursuant to MCL 500.3105(1) and (4). Ross v

Auto Club Group , 481 Mich 1, 1 1 (2008). In all other respects, leave to appeal is

DENIED, because we are not persuaded that the remaining question presented should be

reviewed by this Court.
EXHIBIT 32.1

                            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 PASSUR Aerospace, Inc. (the
"Company") on Form 10-Q for the fiscal quarter ended April 30, 2009, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, James T. Barry, Chief Executive 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, to my knowledge:

      (1)   The Report fully complies with the requirements of Section 13(a) or
            15(d) 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.

                                               By: /s/ James T. Barry
                                                   -----------------------------
                                                   James T. Barry
                                                   Chief Executive Officer
                                                   (Principal Executive Officer)

                                                   June 15, 2009