alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
DOW CONFIDENTIAL - Do not share without permission 

# Notification of Industrial Hygiene Monitoring Results

Page 1 of 2DOW CONFIDENTIAL - Do not share without permission Notification of Industrial Hygiene Monitoring Results

Normal 151 selected

Planned Routine Program Day shift (8hrs) Operating Lab Equipment Ceiling

closed basic plus Work on Horizontal Laminar Flow MDI - STEL/TWA

0

1369 6/30/2010 51

- Comment Planning: applying adhesive with bead applicator

- Comment Sampling: Running MOR-AD M-650 on the Bead Applicator

- Comment Planning: applying adhesive with bead applicator

Page 2 of 2
Exhibit 10.16


 


AMENDMENT


TO THE


PITTWAY CORPORATION


SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN


 


The Pittway Corporation Supplemental
Executive Retirement Plan shall be, and hereby is, amended by inserting the following new paragraph at the end of Section 2.3:


 


“Notwithstanding any provision
of this plan to the contrary, the benefit for a participant who is accruing a benefit in this plan as of December 31, 2015 shall
be calculated by taking into account the amendments that were made to the definition of Earnings in Supplement DD of the Honeywell
Retirement Earnings Plan. For the avoidance of doubt, earnings for any year beginning after December 31, 2015 shall equal the lesser
of the participant’s earnings for that year or the participant’s earnings for the 2015 year.”
Exhibit 32.2
  
 Certification of Principal Financial Officer
 Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
 Section 906 of the Sarbanes-Oxley Act of 2002
 
 In connection with the Quarterly Report of X-Factor Communications Holdings, Inc. (the "Company") on Form 10-Q for the period ending June 30, 2012 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Edwin F. Heinen, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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.
 
 Date:  August 14, 2012

/s/ Edwin F. HeinenEdwin F. Heinen

Chief Financial Officer

Principal Financial Officer
Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Elizabeth A. Weaver

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway, 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

October 21, 2009 

d1014 

Order 

 

October 21, 2009 

137409 

LINDA SHEMBER, 

Plaintiff-Appellant, 

v SC: 137409 

 COA: 276515 

Washtenaw CC: 06-000080-NH 

UNIVERSITY OF MICHIGAN MEDICAL 

CENTER, UNIVERSITY OF MICHIGAN 

BOARD OF REGENTS, UNIVERSITY OF 

MICHIGAN HOSPITAL & HEALTH 

CENTERS, and UNIVERSITY OF 

MICHIGAN HEALTH SYSTEM, 

Defendants, 

and 

PIA MALY SUNDGREN, ANTHONY 

D’AMICO, STEVEN KRONICK, JOHN N. 

SHENK, SONJA KRAFCIK, CAROL R. 

BRADFORD, M.D., DALE EKBOM, M.D., 

JAMES A. FREER, M.D., and PAUL 

DEFLORIO, M.D., 

Defendants-Appellees. 

_________________________________________/ 

 By order of March 25, 2009, the application for leave to appeal the August 21, 

2008 judgment of the Court of Appeals was held in abeyance pending the decision in 

Bush v Shabahang (Docket Nos. 136617, 136653, and 136983). On order of the Court, 

the case having been decided on July 29, 2009, 484 Mich 156 (2009), the application is 

again considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, 

we VACATE the opinion of the Court of Appeals and the order of the Washtenaw Circuit 

Court granting the defendants’ motion for summary disposition, and we REMAND this 

case to the Washtenaw Circuit Court for reconsideration of the defendants’ motion in 

light of this Court’s decision in Bush v Shabahang and MCL 600.2301.
#### Young’s Estate.

*Real estate*— Minerals—Owner *of land only*— Partition.

One who has parted with all his right, title and interest in a vein of coal underlying land in which he still has an interest has no standing to maintain a partition proceeding instituted for the partition of the entire tract including the coal.

Argued Oct. 1, 1917.

Appeal, No. 70, Oct. T., 1917, by Aaron O. Young, from decree of O. C. Greene Co., Dec. Court, 1914, No. 4, refusing partition, in Estate of John Young, Deceased.

Before Brown, C. J., Mestrezat, Stewart, Frazer and Walling, JJ.

Affirmed.

Petition for partition of the real estate of decedent. Before Irwin, J.

The opinion of the Supreme Court states the facts.

The court refused the petition. Aaron O. Young *appealed.*

*Error assigned*was the decree of the court.

*Andrew A. Furman,*for appellant.

*W. J. Kyle,*with him *J. B. Admns*and *11. F Alloy wood:,*for appellees.

October 19, 1917:

Per Curiam,

As Aaron O. Young had parted with all his right, title and interest in and to the Pittsburgh River vein of coal and mining rights, he had no standing to maintain the partition proceeding instituted for the partition of the entire tract, including surface and coal. ■ Of the Act of May 6, 1915, P. L. 269, it need only be said that' it was passed after the institution of that proceeding.

Appeal dismissed at appellant’s costs.
#### Olen Lee ELLIS and Lovella F. Ellis, Appellants, v. Joel LEBOWITZ, Appellee.

No. 69945.

Supreme Court of Oklahoma.

Oct. 16, 1990.

Art Fleak, Tulsa, for appellants.

James M. Munn, Sand Springs, for appel-lee.

*621MEMORANDUM OPINION

HODGES, Justice.

This is an action on a written contract for the sale of a mobile home. The contract provided that “[i]f purchaser defaults three (3) months payments ownership will revert back to seller.” The defendant made one monthly payment when the mobile home was destroyed by a flood. Subsequently, the seller sued purchaser for the balance due under the contract.

The trial court directed a verdict for the defendant (petitioner). In an unpublished opinion, the Court of Appeals affirmed the trial court but denied attorney fees for the appeal. The only issue presented on certio-rari is the denial of attorney fees on appeal.

Section 936 of title 12 of the Oklahoma Statutes provides: “In any civil action to recover on ... [a] contract relating to the purchase or sale of goods ... unless otherwise provided by law or the contract which is the subject [of] the action, the prevailing party shall be allowed a reasonable attorney fee to be set by the court, to be taxed and collected as costs.” In cases involving only economic loss, a mobile home has been treated as “goods”. *See Osburn v. Bendix Home Sys., Inc.,*613 P.2d 445, 448 (Okla.1980) (“A mobile home falls clearly within the definition of ‘goods’ found in [Okla. Stat. tit. 12A,] § 2-105.”); *Cochran v. Buddy Spencer Mobile Homes, Inc.,*618 P.2d 947, 950 (Okla.Ct.App.1980) (“A mobile home is a ‘good’ as defined in section 2-105(1)” of the Commercial Code.) Because section 936 allows recovery of attorney fees to the prevailing party in an action on a contract for the sale of goods and a mobile home is defined as a good for the purposes of this case, the defendant is entitled to attorney fees.

We have held “that the party who prevails at trial and is entitled under Section 936 to an award of attorney fees is also entitled to recover attorney fees incurred in successfully defending on appeal.” *Hamilton v. Telex Corp.,*625 P.2d 106, 108-09 (Okla.1981). *See also, B & P Construction Co. v. Wells,*759 P.2d 208, 209 (Okla.1988). The decision to award attorney fees in this case is not discretionary. Therefore, the Court of Appeals erred in its denial of attorney fees.

The portion of the Memorandum Opinion of the Court of Appeals, Division No. 1, concerning the award of attorney fees on appeal is vacated. The question of the amount of reasonable appellate attorney fees is remanded to the trial court for determination.

CERTIORARI PREVIOUSLY GRANTED; THE PORTION OF THE COURT OF APPEALS’ OPINION ADDRESSING APPELLATE ATTORNEY FEES IS VACATED; REMANDED TO THE TRIAL COURT FOR A DETERMINATION OF AMOUNT OF APPELLATE ATTORNEY FEES.

HARGRAVE, C.J., and HODGES, LAVENDER, SIMMS, DOOLIN, ALMA WILSON, KAUGER and SUMMERS, JJ., concur.

OPALA, V.C.J., dissents.

OPALA, Vice Chief Justice,

dissenting.

I would hold that this controversy was decided on a title issue and is hence outside the ambit of 12 O.S.1981 § 936.
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

February 18, 2004

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-50953

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CANDELARIO GRAJEDA-ZAMORANO, also known

as Candelario Zamorano-Grajeda,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. EP-03-CR-954-ALL-DB

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

Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.

PER CURIAM:*

 Candelario Grajeda-Zamorano appeals the sentence imposed

following his guilty plea conviction of being found in the United

States after deportation/removal in violation of 8 U.S.C. § 1326. 

Grajeda-Zamorano contends that 8 U.S.C. § 1326(a) and 8 U.S.C.

§ 1326(b) define separate offenses. He argues that the prior

conviction that resulted in his increased sentence is an element

of a separate offense under 8 U.S.C. § 1326(b) that should have
No. 03-50953

-2-

been alleged in his indictment. Grajeda-Zamorano maintains that

he pleaded guilty to an indictment which charged only simple

reentry under 8 U.S.C. § 1326(a). He argues that his sentence

exceeds the two-year maximum term of imprisonment which may be

imposed for that offense.

In Almendarez-Torres v. United States, 523 U.S. 224, 235

(1998), the Supreme Court held that the enhanced penalties in

8 U.S.C. § 1326(b) are sentencing provisions, not elements of

separate offenses. The Court further held that the sentencing

provisions do not violate the Due Process Clause. Id. at 239-47. 

Grajeda-Zamorano acknowledges that his argument is foreclosed by

Almendarez-Torres, but asserts that the decision has been cast

into doubt by Apprendi v. New Jersey, 530 U.S. 466, 490 (2000). 

He seeks to preserve his argument for further review. 

Apprendi did not overrule Almendarez-Torres. See Apprendi,

530 U.S. at 489-90; United States v. Dabeit, 231 F.3d 979, 984

(5th Cir. 2000). This court must follow Almendarez-Torres

“unless and until the Supreme Court itself determines to overrule

it.” Dabeit, 231 F.3d at 984 (internal quotation marks and

citation omitted). The judgment of the district court is

AFFIRMED.

The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that an appellee’s brief not be required. The motion is GRANTED. 

AFFIRMED; MOTION GRANTED.
EX-10.2



 Exhibit 10.2 

EXHIBIT A 
 BRADLEY S. JACOBS 

 

			
		
	 Start Date:
	  	February 9, 2016
		
	 Employee:
	  	Bradley S. Jacobs
		
	 Position:
	  	Chief Executive Officer of the Company and Chairman and a member of the Board of Directors of the Company
		
	 Reporting Person:
	  	Board of Directors of the Company
		
	 Base Salary:
	  	$625,000
		
	 2015 Bonus:
	  	$925,000
		
	 2015 Additional Bonus:
	  	$1,400,000
		
	 Target Bonus:
	  	100% of Base Salary
		
	 Prior Agreement:
	  	Employment Agreement dated as of November 21, 2011 and effective as of September 2, 2011, by and between the Company and Employee
		
	 Sections of Prior Agreement
that survive with respect to
Equity Compensation
granted under the Prior

Agreement:
	  	Section 3(c) and Section 3(d)
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Exhibit 23


               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS


We consent to the  incorporation  by  reference in the  Registration  Statements
(Form  S-8 Nos.  33-82968,  33-98896  and  333-04633)  pertaining  to the  Movie
Gallery,  Inc. 1994 Stock Plan and in the  Registration  Statement (Form S-3 No.
33-95854) of Movie Gallery, Inc. and the related Prospectus, of our report dated
February 12, 1999,  with respect to the  consolidated  financial  statements  of
Movie  Gallery,  Inc.  included in the Annual  Report (Form 10-K) for the fiscal
year ended January 3, 1999.


                                                  /s/ Ernst & Young, LLP




Birmingham, Alabama
March 30, 1999
Exhibit 21.1

                          Transmedia Asia Pacific, Inc.

                       List of Subsidiaries and Affiliates

Subsidiary                                   Incorporated            % ownership

Transmedia Australia Pty. Limited            Australia               100%
Transmedia Australasia Limited               New Zealand             100%
MonsterBook.com, Inc.                        United States           100%
Transmedia Australia Holdings Pty. Limited   Australia                50%
Taste Card Australia Pty. Limited            Australia                50%

Affiliates                                   Incorporated            % ownership

Countdown Holdings Limited                   United Kingdom            50%
Porkpine Limited Jersey,                     Jersey Channel Islands    50%
DSS Direct Connect, LLC                      United States             50%
Countdown USA, Inc.                          United States             50%


                                      -32-
EXHIBIT 32.3

                           CERTIFICATION OF PRINCIPAL
                          FINANCIAL OFFICER PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT BY
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


         In connection with the Annual Report of BMB Munai, Inc,, on Form 10-KSB
for the fiscal year ended March 31, 2003, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), the undersigned, Anuar
Kulmagambetov, Principal Financial Officer of the Company, certify, pursuant to
18 U.S.C. ss.1350, as adopted pursuant to ss. 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 result of
                  operations of the Company.



Date: June 28, 2004                                   /s/ Anuar Kulmagambetov
                                                     ---------------------------
                                                     Anuar Kulmagambetov,
                                                     Principal Financial Officer
<PAGE>


                                                                    EXHIBIT 23.2

          CONSENT AND REPORT AS TO SCHEDULE OF INDEPENDENT ACCOUNTANTS


Our audits included the financial statement schedule of MediaBin, Inc. listed in
Item 14(a) for the years ended December 31, 2000 and 1999. This schedule is the
responsibility of MediaBin, Inc.'s management. Our responsibility is to express
an opinion based on our audits. In our opinion, as of the date of our report
referred to in the preceding paragraph, the financial statement schedule
referred to above, when considered in relation to the basic financial statements
taken as a whole, presents fairly in all material respects the information set
forth therein.

We also consent to the incorporation by reference in the Registration Statement
(Form S-8 No. 333-68593) pertaining to the 1994 Amended and Restated Directors
Stock Option Plan and the 1994 Amended and Restated Stock Option Plan of
MediaBin, Inc. of our report dated February 4, 2001, and our report included in
the preceding paragraph with respect to the financial statement schedule
included in this Annual Report on Form 10-K for the year ended December 31,
2001.

                                                           /s/ Ernst & Young LLP

Atlanta, Georgia
March 28, 2002
### -78.0 -77.5 -77.0 -76.5 -76.0 38.5 39.0 39.5 

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## NOAA HYSPLIT MODEL 

# Backward trajectory ending at 2300 UTC 31 Jul 06

EDAS Meteorological DataSource★at 38.81 N 76.74 WMeters AGL 

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