alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant, v. Paul E. Bachman, Appellee.

Submitted on briefs, March 6, 1975,

to Judges Wilkinson, Jr., Mencer and Blatt, sitting as a panel of three.

*261*Harold H. Cramer,*Assistant Attorney General, with him *John L. Heaton,*Assistant Attorney General, *Anthony J. Maiorana,*Assistant Attorney General, *Robert W. Cunlife,*Deputy Attorney General, and *Israel Packed,*Attorney General, for appellant.

*Marvin J. Rudnitsky,*with him *Edward K. Strauss,*for appellee.

April 2, 1975:

Opinion by

Judge Rogers,

On March 26, 1971, the appellee, Paul E. Bachman, was apprehended and charged with operating a motor vehicle while his operating privileges were suspended in violation of Section 624(6) of The Vehicle Code, Act of April 29, 1959, P.L. 58, *as amended,*75 P.S. §624(6). On June 9, 1972, he was convicted of this offense, then denominated a misdemeanor.1 The appellee was thereafter notified by the Secretary of Transportation of the suspension of his operating privileges for a period of one year as provided by the schedule of penalties promulgated by the Secretary. The lower court sustained Bach-man’s appeal and set aside the suspension.

That Mr. Bachman violated the statute is not disputed. The lower court’s action was based on (1) a finding that Mr. Bachman’s operation of the motor vehicle was “inadvertent,” (2) the Court’s belief that a one year’s suspension would work an economic hardship, and *262(3) the Court’s conclusion that the imposition of a one year’s suspension was an abuse of the Secretary’s discretion because the Legislature had changed the classification of the offense from misdemeanor to one punishable in summary proceedings.

Our opinion in *Commonwealth v. Bensing,*12 Pa. Commonwealth Ct. 71, 315 A.2d 897 (1974) is controlling. There, Judge WILKINSON noted that no one may regard driving during a suspension, after surrendering an operator’s license, as inadvertent.2 We also held in *Ben-sing*that a one year’s suspension imposed in accordance with a schedule of penalties was no abuse of the Secretary’s discretion. We hold here that the fact that the Legislature has effected a change in the classification of the violation for purposes of its punishment as a criminal offense, does not require the Secretary to change his view of the appropriate duration of a suspension of operating privileges for the same conduct.

Order

And Now, this 2nd day of April, 1975, the Order of the Court of Common Pleas of Snyder County is reversed and the Order of suspension imposed by the Secretary of Transportation is reinstated. A reinstated suspension shall be issued by the Secretary of Transportation within 30 days.

1

. By the Act of May 26, 1972, P.L. 313, 75 P.S. §624 (Supp. 1974-1975) effective July 25, 1972, the offense of violation of Section 624(6) was reclassified a summary offense.

2

. Mr. Bachman had driven 65 miles immediately before his apprehension.
<PAGE>

                                                                    EXHIBIT 11.1
 
ACT MANUFACTURING, INC.


Computation of Net Income (Loss) Per Common Share

Twelve Months Ended December 31, 1998 and 1997
(in thousands except per share data)
(unaudited)


<TABLE> 
<CAPTION> 
                                                                Twelve Months Ended
                                                               ----------------------
                                                               1998             1997
                                                               ----             ----
<S>                                                            <C>              <C> 
BASIC NET INCOME (LOSS) PER COMMON SHARE
  Net income (loss) as reported ...........................    $1,282           $(4,008)
  Weighted average number of common shares outstanding:
    Common Stock ..........................................     9,063             8,952
                                                              --------          --------

    Basic net income (loss) per common share ..............    $  .14           $  (.45)
                                                              ========          ========
DILUTED NET INCOME (LOSS) PER COMMON SHARE:
  Net income (loss) as reported ...........................    $1,282           $(4,008)
  Weighted average number of common shares outstanding:
    Common Stock ..........................................     9,063             8,952
    Effect of stock options ...............................       136                 -
                                                              --------          --------
        Total .............................................     9,199             8,952
                                                              --------          --------
    Diluted net income (loss) per common share ............    $  .14            $ (.45)
                                                              ========          ========

</TABLE>
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 255 Introduced in House (IH)]

103d CONGRESS
  1st Session
H. RES. 255

  Expressing the sense of the House of Representatives that any laws 
  enacted pertaining to the reform of our Nation's health care system 
                  should apply to Members of Congress.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 23, 1993

Mr. Blute submitted the following resolution which was referred to the 
                   Committee on House Administration

_______________________________________________________________________

                               RESOLUTION

 
  Expressing the sense of the House of Representatives that any laws 
  enacted pertaining to the reform of our Nation's health care system 
                  should apply to Members of Congress.

Whereas the President of the United States has made the reform of our Nation's 
        health care system a priority;
Whereas the President's own health care reform plan is intended to apply to 
        every citizen of the United States;
Whereas Members of Congress will play a significant role in determining the type 
        of health care system that will serve every citizen; and
Whereas the citizens of this country have a right to expect that any health care 
        system to which they belong shall be at least as good as that available 
        to Members of Congress: Now, therefore, be it
    Resolved, That it is the sense of the House of Representatives that 
any law enacted pertaining to the reform of our Nation's health care 
system should apply to Members of Congress.

                                 <all>
```
House Calendar No. 43

103D CONGRESS

1ST SESSION H. RES. 179

[Report No. 103–101]

RESOLUTION

Waiving points of order against the conference resideration of such conference report. Health, and for other purposes, and against con- the programs of the National Institutes of Public Health Service Act to revise and extend port to accompany the bill (S. 1) to amend the

MAY 20, 1993

Referred to the House Calendar and ordered to be

printed
IV

House Calendar No. 43

103D CONGRESS

1ST SESSION H. RES. 179

[Report No. 103–101]

Waiving points of order against the conference report to accompany the

bill (S. 1) to amend the Public Health Service Act to revise and extend

the programs of the National Institutes of Health, and for other purposes, and against consideration of such conference report.

IN THE HOUSE OF REPRESENTATIVES

MAY 20, 1993

Ms. SLAUGHTER, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered to be printed

RESOLUTION

Waiving points of order against the conference report to

accompany the bill (S. 1) to amend the Public Health

Service Act to revise and extend the programs of the

National Institutes of Health, and for other purposes,

and against consideration of such conference report.

1 Resolved, That upon adoption of this resolution it

2 shall be in order to consider the conference report to ac3 company the bill (S. 1) to amend the Public Health Serv4 ice Act to revise and extend the programs of the National

5 Institutes of Health, and for other purposes. All points
2

HRES 179 RH

1 of order against the conference report and against its con2 sideration are waived.
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 367 Introduced in House (IH)]

103d CONGRESS
  2d Session
H. RES. 367

Providing amounts from the contingent fund of the House for expenses of 
 investigations and studies by the Committee on Energy and Commerce in 
         the second session of the One Hundred Third Congress.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 23, 1994

 Mr. Dingell submitted the following resolution; which was referred to 
                 the Committee on House Administration

_______________________________________________________________________

                               RESOLUTION

 
Providing amounts from the contingent fund of the House for expenses of 
 investigations and studies by the Committee on Energy and Commerce in 
         the second session of the One Hundred Third Congress.

    Resolved, That (a) for expenses of investigations and studies by 
the Committee on Energy and Commerce (hereinafter in this resolution 
referred to as the ``Committee''), including expenses for procurement 
of consultant services under section 202 (i) of the Legislative 
Reorganization Act of 1946, there shall be paid out of the contingent 
fund of the House not more than $6,608,907.
    (b) Not more than $25,000 of the amount specified in subsection (a) 
may be used for consultant services referred to in such subsection.
    Sec. 2. Payments under this resolution shall be made on vouchers 
authorized by the Committee, signed by the chairman of the Committee, 
and approved by the Committee on House Administration.
    Sec. 3. Amounts shall be made available under this resolution for 
investigations and studies carried out during the period beginning at 
noon on January 3, 1994, and ending immediately before noon on January 
3, 1995.
    Sec. 4. Amounts made available under this resolution shall be 
expended in accordance with regulations prescribed by the Committee on 
House Administration.

                                 <all>
```
V

103D CONGRESS

1ST SESSION H. R. 808

For the relief of James B. Stanley.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 3, 1993

Mr. JOHNSTON of Florida introduced the following bill; which was referred to

the Committee on the Judiciary

A BILL

For the relief of James B. Stanley.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. APPROPRIATION OF FUNDS.

4 (a) PAYMENT.—The Secretary of the Treasury shall

5 pay, out of any money in the Treasury not otherwise ap6 propriated, $400,577 to James B. Stanley.

7 (b) BASIS.—The payment required by subsection (a)

8 shall be to compensate James B. Stanley for the physical,

9 psychological, and economic injuries sustained by him as

10 a result of the administration to him, without his knowl11 edge, of lysergic acid diethylamide by United States Army

12 personnel in 1958.
2

•HR 808 IH

1 SEC. 2. SATISFACTION OF CLAIMS.

2 The payment made pursuant to section 1(a) shall be

3 in full satisfaction of all claims James B. Stanley may

4 have against the United States for—

5 (1) the injuries received by him as described in

6 section 1; and

7 (2) for any injuries received by him subsequent

8 to his discharge from the United States Army that

9 are the result of the injuries described in section 1.

10 SEC. 3. INELIGIBILITY FOR ADDITIONAL BENEFITS.

11 James B. Stanley shall not be eligible for any com12 pensation or benefits from the Department of Veterans

13 Affairs or the Department of Defense for any injury re14 ceived by him as described in section 1.

15 SEC. 4. LIMITATION OF ATTORNEYS’ OR AGENTS’ FEES.

16 It shall be unlawful for an amount of more than 10

17 per centum of the amount paid pursuant to section 1 to

18 be paid to or received by any attorney or agent of James

19 B. Stanley for any service rendered in connection with the

20 payment made by this Act. Any person who violates this

21 section shall be guilty of an infraction and shall be subject

22 to a fine in the amount provided in title 18, United States

23 Code.

Æ
Exhibit_99.02

                        ANNUAL SERVICER'S CERTIFICATE

                          MBNA AMERICA BANK, N.A.


                     MBNA MASTER CREDIT CARD TRUST II


         The undersigned, a duly authorized representative of MBNA America
Bank, N.A. (the "Bank"), as Servicer pursuant to the Pooling and Servicing
Agreement dated as of August 4, 1994 (the "Pooling and Servicing Agreement") by
and between the Bank and The Bank of New York, as trustee, (the "Trustee") does
hereby certify that:

         1.  The Bank is Servicer under the Pooling and Servicing Agreement.

         2.  The undersigned is duly authorized as required pursuant to the
Pooling and Servicing Agreement to execute and deliver this Certificate to the
Trustee.

         3.  This Certificate is delivered pursuant to Section 3.05 of the
Pooling and Servicing Agreement.

         4.  A review of the activities of the Servicer during the twelve-month
period ended June 30, 2004 was conducted under my supervision.

         5.  Based on such review, the Servicer has, to my knowledge, fully
performed all its obligations under the Pooling and Servicing Agreement
throughout such twelve-month period and no material default in the performance
of such obligations has occurred or is continuing except as set forth in
paragraph 6 below.

         6.  The following is a description of each material default in the
performance of the Servicer's obligations under the provisions of the Pooling
and Servicing Agreement known to the undersigned to have been made during such
period which sets forth in detail (i) the nature of each such default, (ii) the
action taken by the Servicer, if any, to remedy each such default and (iii) the
current status of each such default:

                                        "None"


         IN WITNESS WHEREOF, the undersigned has duly executed this Certificate
this 16th day of August 2004.


                                            /s/Douglas O. Hart
                                   Name:    Douglas O. Hart
                                   Title:   Senior Executive Vice President
Exhibit
10.6


 


MASTER
FACILITY LICENSE AGREEMENT ASSIGNMENT


 


A
certain Master Facility License Agreement (the “Agreement”) was made and entered into as of the 9th day of
August, 2018, between Fitness International, LLC, a California limited liability company, on its own behalf and on behalf of its
wholly-owned affiliate, Fitness & Sports Clubs, LLC, a Delaware limited liability company (together, “LICENSOR”),
and Drywave Technologies, USA, Inc., a Delaware corporation, on its own behalf and on behalf of its wholly-owned subsidiary Massagewave,
Inc., a Colorado corporation (together, “LICENSEE”). Pursuant to Paragraph 31 of the Agreement, the LICENSOR approves
the assignment of the Agreement, including any related location agreements from Drywave Technologies USA Inc. (the “Assignor
“), to Bed Therapies, LLC (the “Assignee”) dated September 30, 2018. The Assignee and Assignor warrant to the LICENSOR
that the Assignee has full legal authority and capability to perform under the Agreement.


 


It
is agreed that this Assignment will enure to the benefit of and be binding upon the parties to this Assignment, their heirs, executors,
administrators, successors and assigns, respectively.


 


This
Agreement will be construed in accordance with and governed by the laws of the State of California.


 


___________________
Remainder of the Page Intentionally Left Blank _______________________


 






    	 	Page 1 of 2



     


    

 


	SIGNED,
SEALED, AND DELIVERED

        
	/s/
                                         Nickolay Kukekov

        

	this
        30th day of September 30, 2018.	Nickolay Kukekov

                                                         For Bed Therapies



 


	SIGNED,
SEALED, AND DELIVERED

        
	/s/
                                         Steve Howe

        

        

	this 30th day of September 30, 2018.	Steve Howe

                                                         For Drywave Technologies USA, Inc.



 





	SIGNED, SEALED, AND DELIVERED 	/s/
    Kathryn Poison
	this 30th day of September 30, 2018.	
        Kathryn Poison

        For Fitness International 



 






    	Assignment	Page 2 of 2
EXHIBIT
32.1








Certification Pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002




The
following statement is provided by the undersigned to accompany the Annual
Report on Form 10-K for the year ended December 31, 2008 of Hub Group, Inc.
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350) and
shall not be deemed filed pursuant to any provision of the Exchange Act of 1934
or any other securities law.




Each of
the undersigned certifies that the foregoing Report on Form 10-K fully complies
with the requirements of Section 13(a) of the Securities Exchange Act of 1934
(15 U.S.C. 78m) and that the information contained in the Form 10-K fairly
presents, in all material respects, the financial condition and results of
operations of Hub Group, Inc.






/s/
      David P. Yeager
              
              
              /s/
      Terri A.PizzutoName:
      David P. Yeager
              
              
              Name:
      Terri A.PizzutoTitle:
      Chairman and Chief Executive Officer
              
              
              Title:
      Executive Vice President,Chief Financial Officer and Treasurer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
ACCOMPANYING FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                       8,847,602
<SECURITIES>                                         0
<RECEIVABLES>                                  693,739
<ALLOWANCES>                                   170,000
<INVENTORY>                                     13,373
<CURRENT-ASSETS>                             9,558,464
<PP&E>                                       1,278,371
<DEPRECIATION>                               (650,293)
<TOTAL-ASSETS>                              10,189,027
<CURRENT-LIABILITIES>                        1,176,834
<BONDS>                                        251,636
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    15,966,363
<OTHER-SE>                                 (7,205,806)
<TOTAL-LIABILITY-AND-EQUITY>                10,189,027
<SALES>                                      3,710,935
<TOTAL-REVENUES>                             3,710,935
<CGS>                                          441,386
<TOTAL-COSTS>                                  441,386
<OTHER-EXPENSES>                             4,312,582
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                            (28,156)
<INCOME-PRETAX>                              (905,477)
<INCOME-TAX>                                       800
<INCOME-CONTINUING>                          (906,277)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (906,277)
<EPS-BASIC>                                      (.19)
<EPS-DILUTED>                                    (.19)


</TABLE>
Independent Auditor's Report



To the Board of Directors
Centralia Savings Bank
  and Subsidiary
Centralia, Illinois

We have audited the accompanying  consolidated  statement of financial condition
of  Centralia  Savings  Bank and  Subsidiary  as of  September  30, 1995 and the
related consolidated statements of income, retained earnings, and cash flows for
the years  ended  September  30,  1995 and 1994.  These  consolidated  financial
statements are the responsibility of the Bank's  management.  Our responsibility
is to express an opinion on these consolidated financial statements based on our
audit.

We conducted our audit in accordance with generally accepted auditing standards.
Those standards  require that we plan and perform the audit to obtain reasonable
assurance  about  whether  the  consolidated  financial  statements  are free of
material  misstatement.  An audit includes examining,  on a test basis, evidence
supporting the amounts and disclosures in the consolidated financial statements.
An audit also includes assessing the accounting  principles used and significant
estimates  made by management,  as well as evaluating  the overall  consolidated
financial  statement  presentation.   We  believe  that  our  audit  provides  a
reasonable basis for our opinion.

In our opinion, the consolidated  financial statements referred to above present
fairly,  in all  material  respects,  the  consolidated  financial  position  of
Centralia Savings Bank and Subsidiary as of September 30, 1995 and 1994, and the
results of their  operations  and their cash flows for the years then ended,  in
conformity with generally accepted accounting principles.

As  discussed  in Note A to the  consolidated  financial  statements,  the  Bank
changed  its method of  accounting  for certain  investments  in debt and equity
securities  during the year ended  September 30, 1994 to adopt the provisions of
Statement of Financial  Accounting  Standards  No. 115,  Accounting  for Certain
Investments in Debt and Equity Securities.



                              /s/ Larsson, Woodyard & Henson, LLP



October 20, 1995
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER ON M OTION S

November 7, 2008 Revision Cause number: 01

- 1 7

- 00 026

- C V

Style: In re American Fisheries, Inc. , Relator

Date motion s filed * : February 28, 2017 and March 7 , 201 7

Type of motion s : Real Parties in Interest’s M otion t o Lift Stay or in the Alternative to

Dismiss Appeal to Allow for Enforcement of Settlement Agreement;

Relator’s Response to Motion to Dismiss and Motion to Lift Stay

and First Motion to Stay or for Extension of Time

Part ies filing motion s : Real Part ies in Interest National Honey, Inc., Jun Yang and Lin Yang ;

Relator American Fisheries, Inc.

Document to be filed: Relator’s Supplemental Mandamus Record

Is appeal accelerated? Yes (original proceeding).

If motion to extend time:

Original due date: Jan uary 30 , 201 7

Number of extensions granted: 0 Current Due D ate: January 30 , 2017

Date Requested: March 1 7 , 2017 (46 days from original deadline)

Ordered that motion i s:

 Granted

If document is to be filed, document due: March 17 , 2017

.  Denied (without prejudice)

 Dismissed ( e.g. , want of jurisdiction, moot)

 Other: _____________________________________

R elator’s alternative motion for extension of time to file the supplemental man damus

record because, among other things, it needs more time to attempt to finalize settlement,

is granted until March 17, 2017. Real parties in interest’s motion to lift stay or, in the

alternative, to dismiss to allow for enforcement of the settlement agreement, is denied

without prejudice to refiling after the relator files the supplemental mandamus record.

Judge ’ s signature:

_

/s/ Evelyn V. Keyes

_ 

Date: March 10, 2017

_