alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 32
 Certification
Pursuant to 18 U.S.C. Section 1350
   Dated: August 13, 2009
    /s/ Bob MarbutName:
    Bob MarbutTitle:
    Chief Executive OfficerDated: August 13, 2009
    /s/ Sam YoungbloodName:
    Sam YoungbloodTitle:
    President and Chief Operating OfficerDated: August 13, 2009
    /s/ Donald F. NevilleName:
    Donald F. NevilleTitle:
    Executive Vice President and Chief
Financial OfficerDated: August 13, 2009
    /s/ Dean A. DresserName:
    Dean A. DresserTitle:
    Vice President and Corporate Controller
* Pursuant to 5 TH C IR . 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

## FILED November 9, 2005 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-51048 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus MARINO SANCHEZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 3:04-CR-2564-ALL

-------------------- Before REAVLEY, GARZA, and BENAVIDES, Circuit Judges.
PER CURIAM: * Appealing the Judgment in a Criminal Case, Marino Sanchez raises arguments that are foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), which held that a prior conviction is a sentencing factor under 8 U.S.C. § 1326(b)(2) and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
#### John F. WERDER and Edmund Rogers, Appellants, v. CONTINENTAL CAN COMPANY, Inc., Appellee.

No. 7933.

Circuit Court of Appeals, Sixth Circuit.

Nov. 13, 1939.

Thompson, Hine & Flory, of Cleveland, Ohio, for appellants.

Mason & Porter, of Washington, D. C., and Oberlin, Limbach & Day, of Cleveland, Ohio, for appellee.

Before SIMONS, ALLEN, and HAMILTON, Circuit Judges.

PER CURIAM.

In a suit by the appellants for infringement of two patents, the first to John F. Werder, No. 1,762,903 for a self-dispensing liquid package, and the second, a method patent likewise to Werder, No. 1,788,261, the court below held claim No. 10, the single claim of the first patent invalid, and claims 3, 8 and 12 of the second patent, not infringed, and dismissed the bill, and

Upon consideration of the record and the briefs and argument of counsel, it appears to us that the case was correctly decided, and

The District Judge having announced a memorandum opinion, 30 F.Supp. 534, incorporating therein adequate findings of fact and conclusions of law and reasoning which commends itself to us as sufficient in form and content to sustain the conclusion by him reached to which little, if anything, need be added:

It is hereby ordered that the decree dismissing the bill of the appellants be and it is hereby affirmed.
[Federal Register Volume 77, Number 47 (Friday, March 9, 2012)]
[Notices]
[Page 14406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5820]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of General Medical Sciences; Notice of Closed 
Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of General Medical 
Sciences Special Emphasis Panel; MBRS SCORE.
    Date: March 30, 2012.
    Time: 8 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, Natcher Building, 45 
Center Drive, Room 3An18J, Bethesda, MD 20892, (Virtual Meeting).
    Contact Person: John J. Laffan, Ph.D., Scientific Review 
Officer, Office of Scientific Review, National Institute of General 
Medical Sciences, National Institutes of Health, 45 Center Drive, 
Room 3An18J, Bethesda, MD 20892, 301-594-2773, 
<a href="/cdn-cgi/l/email-protection#6f030e09090e0105002f020e06034101060741080019"><span class="__cf_email__" data-cfemail="bdd1dcdbdbdcd3d7d2fdd0dcd4d193d3d4d593dad2cb">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.375, 
Minority Biomedical Research Support; 93.821, Cell Biology and 
Biophysics Research; 93.859, Pharmacology, Physiology, and 
Biological Chemistry Research; 93.862, Genetics and Developmental 
Biology Research; 93.88, Minority Access to Research Careers; 93.96, 
Special Minority Initiatives, National Institutes of Health, HHS)

    Dated: March 5, 2012.
Jennifer S. Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 2012-5820 Filed 3-8-12; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
-. 

SERVED: June 9, 2014 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

MARTINAIRE AVIATION, LLC 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS NO. FAA- 2013-0040 

ORDER ON COMPLAINANT'S MOTION FOR JUDICIAL NOTICE 

The Federal Aviation Administration (hereinafter "Complainant") filed a Request for Judicial 

Notice dated June 2, 2014. Complainant's request be and is hereby GRANTED except as to item 

#2, "Warning letter to Martinaire, on FAA Case No. 2009SW700185, dated June 9, 2009" which 

may be presented as evidence. 

Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachment-Service List 

.. 
SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl 0001 

ONE COPY 

Michael L. Dworkin, Respondent's Counsel 

Michael L. Dworkin and Associates Law Offices 

465 California Street, Suite 210 

San Francisco, CA 941 04-1808 

TEL: 415-421-2500 

FAX: 415-421-2560 

James Archier, Complainant's Counsel 

Agency Attorney, Office of the Regional Counsel 

Southwest Region 

Federal Aviation Administration 

2601 Meacham Blvd., Suite 6E 

Fort Worth, TX 76137 

TEL: 817-222-5074 

FAX: 817-222-5092 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 . 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant 

FAX: 202-366-7536 

FDMS No. FAA-2013-0040 

(Civil Penalty Action) 

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, 

DC 20591, Attention: Hearing Docket Clerk, AGC-430. 

2
1 IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 37592

STATE OF IDAHO

,

Plaintiff-Respondent

,

v.

STEVEN REED CANNON

,

Defendant-Appellant

. ) ) ) ) ) ) ) ) ) ) 2010 Unpublished Opi nion No. 740

Filed: December 10, 2010

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the Fifth Judicial District, State of Idaho, Twin

Falls County. Hon. G. Richard Bevan , District Judge.

Judgment of conviction and unified sentence of five years, with a minimum period of confinement of six m onths , for burglary

, affirmed

.

Molly J. Huskey, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney Ge neral; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.

________________________________________________

Before LANSING, Chief Judge, GUTIERREZ, Judge

and MELANSON, Judge

PER CURIAM

Steven Reed Cannon was convicted of b urglary , Idaho Code § 18

- 1401 . The district

court imposed a unified sentence of five years, with a minimum period of confinement of six

months , to run consecutively to a previously imposed sentence, and retained jurisdiction

.

Cannon appeals, contending that the sentence is excessive because it was ordered to run

consecutively rather than concurrently with his previously imposed sentence.

Sentencing is a matter for the trial court’s discretion. Both our standard of review and the

factors to be considered in evaluating the reasonableness of a sentence are well established and

need not be repeated here. See State v. Hernandez , 121 Idaho 114, 117

- 18, 822 P.2d 1011, 1014

-
15 (Ct. App. 1991); State v. Lopez , 106 Idaho 447, 449

- 51, 680 P.2d 869, 871

- 73 (Ct. App.2

1984); State v. Toohill , 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing

the length of a sentence, we consider the defendant’s entire sentence. State v. Oliver , 144 Idaho

722, 726, 170 P.3d 387, 391 (2007). Applying these standards, and having reviewed the record

in this case, we cannot say that the district court abused its discretion.

Therefore, Cannon ’s judgment of conviction and sentence are a ffirmed.
### NUMBER S 13
- 19
- 00 569
- CR 

## COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI
- EDINBURG

MATEO FABIAN GOMEZ GARZA , Appellant,

v. THE STATE OF TEXAS, Appellee

.

On appeal from the 93 rd District Court of Hidalgo County, Texas.



## ORDER ABATING APPEAL

Before Justices Benavides, Hinojosa , and Tijerina Order Per Curiam

The reporter’s records submitted to this court appear incomplete

. The honorable court reporter Jacqueline Inks has been granted several requests for extension

. Furthermore, on August 17, 2020 notice was sent to the trial court’s official reporter, Mark Kvapil and the honorable Jacqueline Inks notifying each of the missing volumes. To date, volumes 1, 2, 12 , 14, and 2 2 have not been received by the clerk of this court.2 This sequence of events requires us to effectuate our responsibility to avoid further delay and to preserve the parties' rights. See T EX

. R. A PP

. P . 37.3(a)(1). Accordingly, this appeal is ABATED and the cause REMANDED to the trial court for further procee dings. In accordance with Texas Rule of Appellate Procedure 34.6(f)(4), the trial court is directed to conduct a hearing to determine if: (1) the appellant has timely request ed a reporter's record; (2) without the appellant's fault, a significant exhibit or a significant portion of the court reporter's notes and records has been lost or destroyed or

- if the proceedings were electronically recorded

- a significant portion of the recording has been
lost o r destroyed or is inaudible ; (3) if the lost, destroyed, or inaudible portion of the reporter's record, or the lost and destroyed exhibit, is necessary to the appeal's resolution; and (4) the lost, destroyed, or inaudible portion of the reporter's record c annot be replaced by agreement of the parties, or the lost or destroyed exhibit cannot be replaced either by agreement of the parties or with a copy determined by the trial court to accurately duplicate with reasonable certainty the original exhibit. See T EX

. R. A PP

. P . 34.6(f). The trial court is directed to forward the record of the proceedings, including any orders and findings, to this Court within thirty ( 3 0) days of the date of this order, or to notify this Court within such period indicating a date b y which the trial court can comply.
IT IS SO ORDERED.
PER CURIAM Do not publish. T EX R. A PP

. P. 4 7 .2( b )

. D elivered and filed this the 29th day of October , 20 20

.
TIEEE ATFOEZNEY GENERAL 

OF -XAS 

Ausm~.T-R 78711 

October 17. 1975 

The Honorable Bevington Reed 

Commissioner 

Coordinating Board 

Texas College and University System 

P. 0. Box 12788, Capitol Station 

Austin, Texas 78711 

Opinion No. H- 722 

Re: Tuition rate for non-resident 

junior college students. 

Dear Dr. Reed: 

You ask our opinion on whether a recent amendment concerning foreign 

student tuition has any effect on non-resident student tuition at public junior 

colleges. 

Prior to the amendment, public junior colleges which desired state 

appropriations were required to charge minimum non-resident tuition rates 

in accordance with a schedule “frozen” as of January 1, 1971. Education Code 

$ $ 54.051(j); 130. 003(b)(4). Acts 1961, 57th Leg., ch. 436, p. 999. 

The title to the amendment about which you inquire, Acts 1975, 64th Leg., 

ch. 515, p. 1358, states in pertinent part: 

An Act relating to the tuition fees institutions of higher 

learning collect from students who are citizens of any 

country other than the United States of America; amending Subsections (h), (i), and (p), Section 54.051 Texas 

Education Code, as amended. , . . 

The Act amends subsection (h) of Section 54.051 in pertinent part as 

follows: 

(h) Tuition for students who are citizens of any country 

other than the United States of America is the same as 

tuition required of other non-resident students. However, 

the governing board of an institution of higher education 

may set a lower fee for a foreign student, based on financial 

need. . . . The lower fee in any case shall not be less than 

$14 per semester credit hour, and the total of such charges 

shall not be less than $ 200 per semester or 12 week summer 

ps 3092 
The Honorable Bevington Reed - page two (H-722) 

session, and not less than $100 per 6 week 

summer term. 

Your question is whether the amendment’s requirement that foreign 

student tuition be the same as non-resident student tuition, coupled with a 

minimum for lowered foreign student tuition, changes the prior minimum 

which public junior colleges could charge non-resident students. 

Neither the title nor the terms of the amendment makes reference to 

section 130. 003, nor is there any mention of a change in non-resident tuition 

rates. Implied repeals are not favored under Texas Law. 53 Tex. Jur. 2d 

Statutes § 102. We do not believe the Legislature intended by this amendment 

to alter the minimum tuition rates which a junior college may charge non-resident 

students under section 130. 003 of the Education Code. 

In our opinion, the amendment to section 54. 051 of the Education Code, 

contained in Acts 1975, 64th Leg., ch. 515, p. 1358 does not affect the minimum non-resident tuition rate for junior college students permitted under 

section 130. 003(b)(4). 

SUMMARY 

An amendment establishing foreign student ‘~ 

tuition rates does not affect the minimum tuition 

rates a junior college may charge non-resident 

students. 

v Attorney General of Texas 

=A 

irst Assistant 

C. ROBERT HEATH, Chairman 

Opinion Committee 

jad: 

p. 3093
Exhibit 32  CERTIFICATION  The undersigned certify pursuant to 18 U.S.C. § 1350 that:  (1) The accompanying Minn-Dak Farmers Cooperative Amendment No. 1 to the Annual Report on Form 10-K for the period ended August 31, 2010, 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 accompanying Report fairly presents, in all material respects, the financial condition and results of operations of the Company.   Date:
     December 9, 2010
     
     /s/ David H. RocheDavid H. Roche
President and Chief Executive Officer/s/ Steven M. CaspersSteven M. Caspers
Executive Vice President and
Chief Financial Officer


---
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AS OF DECEMBER 31, 1999 AND THE STATEMENT OF INCOME
FOR THE YEAR ENDED DECEMBER 31, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                           5,632
<SECURITIES>                                         0
<RECEIVABLES>                                  162,257
<ALLOWANCES>                                     2,862
<INVENTORY>                                          0
<CURRENT-ASSETS>                               237,134
<PP&E>                                         430,539
<DEPRECIATION>                                 (87,875)
<TOTAL-ASSETS>                               3,913,227
<CURRENT-LIABILITIES>                          123,665
<BONDS>                                      1,563,596
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          2
<COMMON>                                           948
<OTHER-SE>                                   1,415,841
<TOTAL-LIABILITY-AND-EQUITY>                 3,913,227
<SALES>                                              0
<TOTAL-REVENUES>                               661,386
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               468,468
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             106,892
<INCOME-PRETAX>                                 68,713
<INCOME-TAX>                                    33,311
<INCOME-CONTINUING>                             35,402
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                 (3,092)
<CHANGES>                                            0
<NET-INCOME>                                    32,310
<EPS-BASIC>                                       0.37
<EPS-DILUTED>                                     0.37


</TABLE>
EX-10.1





 Exhibit 10.1 

On September 14, 2020, the compensation committee of the board of directors of Applied Genetic Technologies Corporation (the
“Company”) approved additional compensation to be provided to Mark Shearman, the Company’s chief scientific officer. This compensation accrues for the benefit of Dr. Shearman as an additional payment of $15,000 per month
effective beginning on July 1, 2020 and continuing through the month in which the Company hires a chief medical officer (such month, the “Final Payment Month”). 

The accrued payments are payable by the Company to Dr. Shearman on a quarterly basis, with the payment of the aggregate amount accrued
during each fiscal quarter payable on the last business day of such quarter, subject to Dr. Shearman’s continued employment with the Company through and including such payment date. If the Final Payment Month is not the last month of a
fiscal quarter, then the Company will pay any accrued but unpaid payments on the last business day of the Final Payment Month, subject to Dr. Shearman’s continued employment with the Company through and including such payment date.
Exhibit
10.2


AGREEMENT TO AMEND
EMPLOYMENT AGREEMENT


WHEREAS, Activision, Inc.
(the “Company”) and Brian G. Kelly (the “Executive”) have previously entered
into an Amended and Restated Employment Agreement, dated as of May 22, 2000 (as
amended, the “Employment Agreement”);


WHEREAS, the Company has
from time to time granted to the Executive options to acquire shares of its
common stock (the “Options”);


WHEREAS, Section 409A of
the Internal Revenue Code of 1986, as amended (the “Code”) may impose adverse
consequences on the Executive with respect to certain provisions of the
Employment Agreement and the Options; and


WHEREAS,  the Company and the Executive desire to amend
the Employment Agreement and the Options in order to comply with the applicable
requirements of Section 409A, thereby avoiding such adverse consequences.


NOW, THEREFORE, in
consideration of the foregoing and the mutual covenants contained herein, and
for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereto hereby agree as follows:


1.                                       Sections
10(b)(i) and 10(b)(ii) of the Employment Agreement are each amended by deleting
the phrase “(as adjusted pursuant to Section 10(b)(iv))”.


2.                                       Section
10(b) of the Employment Agreement is amended by deleting Sections 10(b)(iv) and
10(b)(v) and each Option is amended by deleting all references therein to such
sections or comparable provision contained therein.


3.                                       The
parties acknowledge and agree that (1) Section 10(b)(iv) of the Employment Agreement
was a material term thereof and a material inducement for the Executive to
enter into the Employment Agreement and (2) the parties have agreed to delete
such Section because they have been advised by counsel that such provision
could cause adverse tax consequences under Section 409A of the Code if it is
not deleted prior to December 31, 2006. 
Accordingly, the parties agree to negotiate in good faith to promptly
develop an amendment to the Employment Agreement to provide benefits reasonably
comparable to those provided in Section 10(b)(iv) in a manner that satisfies
the requirements of Section 409A of the Code.


4.                                       Except
as specifically set forth herein, the Employment Agreement shall remain in full
force and effect in accordance with its terms.


5.                                       This
Amendment may be executed in counterparts, each of which shall be deemed an
original.









 



IN WITNESS WHEREOF, the
parties hereto have executed this Agreement on this      
day of December, 2006.


	
  

  	
  ACTIVISION, INC.

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  

  	
  By:

  	
   

  	
   

  
	
   

  	
  Name:

  
	
   

  	
  Title:

  
	
   

  
	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  Brian G. Kelly
### Adams, 

# Kevin:(dStijV!ENTOF From: :.)..1.1 'ih.J ·\.
... "_ ('\ HJ \ ,',:·:n"''f 

### (''!fY·p,.,.,,,. 'C'



### ,' r\1,::'**~:** 1 

### t,1t'\

### Ih_)[lkdams, Kevin (OST) 

### Sent: To: 

## ?Ufl Cc: Subject: Attachments:

Dear Mr. Hatter, Wednesday, August 08, 2012 10:25 AM



## ..8 ,L\

### 10:'~er, Steve D (DOT)' (steve.hatter@alaska.gov); Alaska DOT, Richard Sewell; Pearl Mikulski (PMikulski@kawerak.org); Cronkhite, Rebecca J (DOT)
. (rebecca.cronkhite@alaska.gov); Alaska DOT, Linda Bustamante Ryan Robinson (Ryan.Robinson@evergreenaviation.com); 'Alice Bioff'; Anne Marie Ozenna; Bryant Hammond; Melanie Bahnke (MBahnke@kawerak.org); Vick, Jody H (CEO) Oody.vick@alaska.gov); Scott Ruby (scott.ruby@alaska.gov); Devany, Dennis (OST) Request for Comments regarding Diomede, Alaska Evergreen's Proposal to Provide Air Service at Diomede, Alaska, DOT-OST-2009-0260, 8-7-12; Proposal to Provide Air Service to Diomede, DOT OST 2009-0260; 49 USC 41736, Transport to non-eligible places.pdf

Attached above are copies ofthe proposals submitted by Evergreen Helicopters and Umiaq Services (Ocean Marine Charter Services), to serve Diomede, Alaska, under49 U.S.C. , Section 41736. A copy ofthat section ofthe law is attached above as well. These two were the onlytimely-filed proposals, and we have taken them to dockets (DOT-OST2009-0260). They were submitted in response to Order 2012-7-9, served July 

### 9, 2012. The comments ofthe community, especially elected officials, and state are a critically important element in our carrierselection decisiOon. We ask thatyou, and the other parties, get back to us, preferably by email, no laterthan August 

### 28, 2012. Iwill docketthis email/requestfor comments, as well as any replies. In brief, please review the proposals and, ifyou have questions, call either ofthe applicants or

### me, and get back to us by the deadline with yourwritten comments. Best, Kevin Adams Industry Economist 202-366-1047

1 ' '