alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Yvette PARKER v. STATE of Mississippi.

No. 58353.

Supreme Court of Mississippi.

Feb. 15, 1989.

James D. Minor, Minor & Barnes, Oxford, for appellant.

Mike Moore, Atty. Gen. by Wayne Snuggs, Asst. Atty. Gen., Jackson, for ap-pellee.

Before DAN M. LEE, P.J., and ROBERTSON and ZUCCARO, JJ.

Appeal from the Circuit Court, Calhoun County; William R. Lamb, Judge.

AFFIRMED.

ROY NOBLE LEE, HAWKINS, P.JJ., and PRATHER, SULLIVAN and ANDERSON, JJ., concur.

PITTMAN, J., not participating.
[Federal Register Volume 77, Number 62 (Friday, March 30, 2012)]
[Notices]
[Pages 19294-19295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7613]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration


National Advisory Council on Migrant Health; Notice of Meeting

    In accordance with section 10(a)(2) of the Federal Advisory 
Committee Act (Pub. L. 92-463), notice is hereby given of the following 
meeting:

    Name: National Advisory Council on Migrant Health.
    Dates and Times: May 7, 2012, 8:30 a.m. to 5 p.m., May 8, 2012, 
8:30 a.m. to 5 p.m.
    Place: Westin Denver Downtown Hotel, 1672 Lawrence Street, 
Denver, Colorado 80202. Telephone: (303) 572-9100.
    Fax: (303) 572-7288.
    Status: The meeting will be open to the public.
    Purpose: The purpose of the meeting is to discuss services and 
issues related to the health of migrant and seasonal farmworkers and 
their families and to formulate recommendations for the Secretary of 
Health and Human Services.
    Agenda: The agenda includes an overview of the National Advisory 
Council on Migrant Health's (The Council) general business 
activities. The Council will also hear presentations from experts on 
farmworker

[[Page 19295]]

issues, including the status of farmworker health at the local and 
national levels. Agenda items are subject to change as priorities 
indicate.
    For Further Information Contact: Gladys Cate, Office of Special 
Population Health, Bureau of Primary Health Care, Health Resources 
and Services Administration, 5600 Fishers Lane, Room 15-62, 
Rockville, Maryland 20857; telephone (301) 594-0367.

    Dated: March 22, 2012.
Reva Harris,
Acting Director, Division of Policy and Information Coordination.
[FR Doc. 2012-7613 Filed 3-29-12; 8:45 am]
BILLING CODE 4165-15-P
exv10w15



 






EXHIBIT 10.15




Q2-4 2005 Management Incentive Compensation Plan




Incentive compensation bonus is based on achievement of quarterly EBIDTA targets (inclusive of
management bonuses). Target for Q2 includes allowance for expense addbacks (as defined in the
Ableco Loan Agreement).



A. Eligible Participants & Bonus Percentage Amounts:




	 	 	 	 	 
	 

	 	Roger DiPiano
	 	(20% of annualized base salary)
	 

	 	David Green
	 	(20% of annualized base salary)
	 

	 	Lori Stanley
	 	(10% of annualized base salary)






B. Quarterly EBIDTA Targets




	 	 	 	 	 
	 

	 	2nd
	 	$210K
	 

	 	3rd
	 	$300K
	 

	 	4th
	 	$300K






C. Payment Schedule





If EBIDTA is:




	 	o	 	less than Quarterly EBIDTA Target, no bonus earned;
	 
	 	o	 	at or above the Quarterly EBIDTA Target, full bonus is earned ($20.6K baseline);
	 
	 	o	 	if the Quarterly EBIDTA Target is exceeded by at least 10%, the Company will
contribute 20% of the amount over the Quarterly EBIDTA target to a bonus pool for
distribution to the eligible participants.
	 
	 	o	 	Bonuses are payable on a quarterly basis as follows:






	 	•	 	on the payroll immediately following the filing of the Company’s 10-Q
for second and third quarter; and
	 
	 	•	 	by February 15th of the following year for the fourth quarter
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          SEP-30-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                           1,881
<SECURITIES>                                         0
<RECEIVABLES>                                   44,078
<ALLOWANCES>                                   (8,132)
<INVENTORY>                                      3,390
<CURRENT-ASSETS>                                72,451
<PP&E>                                         575,805
<DEPRECIATION>                                 207,872
<TOTAL-ASSETS>                                 535,284
<CURRENT-LIABILITIES>                          113,654
<BONDS>                                        135,265
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        52,727
<OTHER-SE>                                     112,265
<TOTAL-LIABILITY-AND-EQUITY>                   535,284
<SALES>                                        314,767
<TOTAL-REVENUES>                               314,767
<CGS>                                          168,755
<TOTAL-COSTS>                                  168,755
<OTHER-EXPENSES>                               113,130
<LOSS-PROVISION>                                 4,035
<INTEREST-EXPENSE>                              13,853
<INCOME-PRETAX>                                 19,203
<INCOME-TAX>                                     8,320
<INCOME-CONTINUING>                             10,883
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    10,883
<EPS-PRIMARY>                                     1.04
<EPS-DILUTED>                                     1.04
        

</TABLE>
EXHIBIT 10.4

CONSENT OF DEGOLYER AND MACNAUGHTON

June
28, 2004

We
hereby consent to the references to our firm and the inclusion of information derived from our report entitled "Report as of December 31, 2003, on Reserves of Certain
Properties attributable to Repsol YPF," in Section 2.2.1.1 Oil and Gas Reserves in Repsol YPF, S.A.'s annual report on Form 20-F for the year ended December 31, 2003
and in the Supplementary Information on Oil and Gas Exploration and Production Activities (unaudited information) in the Consolidated Financial Statements included therein. We also consent to the
references to our firm and the inclusion of information derived from our report through incorporation by reference of the named Form 20-F in the Registration Statements Nos.
333-12254 and 333-10668 filed with the United States Securities and Exchange Commission.

| |  | Very truly yours,                                  
| |  | ---------------------------------------------------
| |  | /s/DEGOLYER AND MACNAUGHTONDeGOLYER and MacNAUGHTON

---



QuickLinks
#### STATE ex rel. Eldredge ALLEN v. ST. TAMMANY PARISH DISTRICT ATTORNEY.

No. 88-KH-0179.

Supreme Court of Louisiana.

Feb. 12, 1988.

In re Allen, Eldredge; applying for supervisory and/or remedial writ and writ of habeas corpus; Parish of St. Tammany, 22nd Judicial District Court, Div. “B”.

*138Granted and transferred to the First Circuit Court of Appeal for consideration.
III

106TH CONGRESS

1ST SESSION S. RES. 21

Congratulating the University of Tennessee Volunteers football team on winning the 1998 National Collegiate Athletic Association Division I–A

football championship.

IN THE SENATE OF THE UNITED STATES

JANUARY 19, 1999

Mr. FRIST (for himself and Mr. THOMPSON) submitted the following

resolution; which was considered and agreed to

RESOLUTION

Congratulating the University of Tennessee Volunteers football team on winning the 1998 National Collegiate Athletic Association Division I–A football championship.

Whereas the University of Tennessee Volunteers football

team (referred to in this resolution as the ‘‘Tennessee

Volunteers’’) defeated the Florida State University Seminoles on January 4, 1999, at the Fiesta Bowl in Tempe,

Arizona, to win the National Collegiate Athletic Association Division I–A football championship;

Whereas the Tennessee Volunteers completed the 1998 football season with a perfect record of 13 wins and 0 losses;

Whereas the Tennessee Volunteers defeated the Mississippi

State University Bulldogs to claim the 1998 Southeastern Conference football championship;
2

•SRES 21 ATS

Whereas the Tennessee Volunteers’ Coach Phillip Fulmer, his

staff, and his players displayed outstanding dedication,

teamwork, selflessness, and sportsmanship throughout

the course of the season to achieve collegiate football’s

highest honor; and

Whereas the Tennessee Volunteers have brought pride and

honor to Tennessee: Now, therefore, be it

1 Resolved, That the Senate—

2 (1) congratulates the University of Tennessee

3 Volunteers football team on winning the 1998 Na4 tional Collegiate Athletic Association Division I–A

5 football championship; and

6 (2) commends the University of Tennessee Vol7 unteers football team for its pursuit of athletic excel8 lence and its outstanding accomplishment in colle9 giate football in winning the championship.

Æ
Cure Rate

 

 

 

 

 

 

 

BUSINESS INFORMATION 

40-CFR2.203(b)
Cure Rate

Printed: 11/13/12 DOW CONFIDENTIAL - Do 

not share without permission

Page 2 of 7

Printed copies are uncontrolled and expire 7 days after printed date.

 

 

 

 

 

 

BUSINESS INFORMATION 

40-CFR2.203(b)
Cure Rate

Printed: 11/13/12 DOW CONFIDENTIAL - Do 

not share without permission

Page 3 of 7

Printed copies are uncontrolled and expire 7 days after printed date.

 

 

 

BUSINESS INFORMATION 

40-CFR2.203(b)
Cure Rate

Printed: 11/13/12 DOW CONFIDENTIAL - Do 

not share without permission

Page 4 of 7

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BUSINESS INFORMATION 

40-CFR2.203(b)
Cure Rate

Printed: 11/13/12 DOW CONFIDENTIAL - Do 

not share without permission

Page 5 of 7

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BUSINESS INFORMATION 

40-CFR2.203(b)
Cure Rate

Printed: 11/13/12 DOW CONFIDENTIAL - Do 

not share without permission

Page 6 of 7

Printed copies are uncontrolled and expire 7 days after printed date.

BUSINESS INFORMATION 

40-CFR2.203(b)
Cure Rate

Printed: 11/13/12 DOW CON

not share w

Page 7 of 7

Printed copies are uncontrolled 

 

BUSINESS INFORMATION 

40-CFR2.203(b)
EXHIBIT 10.23

                        AMENDMENT TO EMPLOYMENT AGREEMENT


                  This Amendment, dated December 22, 2000 (the "Amendment"), to
the Employment Agreement, dated December 22, 1998 (the "Agreement"), by and
between New Frontier Media, Inc. ("NFM") and Michael Weiner ("Executive). Terms
not otherwise defined herein shall have the meaning described to them in the
Agreement.

                                W I T N E S S T H

                  WHEREAS, the parties hereto desire to amend the Agreement as
hereinafter set forth.

                  NOW, THEREFORE, in consideration of the mutual
representations, warranties, covenants and agreements contained in the
Agreement, as amended, and for other good and valuable consideration, the
sufficiency of which is hereby acknowledged, the parties hereto agree as
follows:

1.   Section 1 of the Agreement is hereby deleted in its entirety and replaced
     with the following:

     EMPLOYMENT PERIOD. NFM hereby agrees to employ the Executive, and the
     Executive hereby agrees to accept employment by NFM, in accordance with the
     terms and provisions of this Agreement, for the period commencing on the
     date of this Agreement (the "Effective Date") and ending at midnight on
     March 31, 2003 (the "Employment Period").

2.   Section 2(B)(i) of the Agreement is hereby deleted in its entirety and
     replaced with the following:

     COMPENSATION. (i) Base Salary. During the Employment Period, the Executive
     shall receive a base salary ("Annual Base Salary"), which shall be paid in
     equal installments on a semi-monthly basis, at the annual rate of not less
     than One Hundred Fifteen Thousand Dollars ($115,000) per year for fiscal
     year 1999, One Hundred Thirty Thousand Dollars ($130,000) for fiscal year
     2000, and Two Hundred Thousand Dollars ($200,000) for fiscal years 2001,
     2002 and 2003.

3.   The Agreement, as amended by this Amendment, and the Exhibits and Schedules
     thereto, contains the entire agreement between the parties hereto and there
     are no agreements, warranties or representations which are not set forth
     therein or herein. This Amendment may not be modified or amended except by
     an instrument in writing duly signed by or on behalf of the parties hereto.

4.   This Amendment shall be governed by and construed and enforced in
     accordance with the local laws of the State of Colorado applicable to
     agreements made and to be performed entirely within the State, without
     regard to conflict of laws principles.


<PAGE>

5.   This Amendment may be executed simultaneously in any number of
     counterparts, each of which shall be deemed an original but all of which
     together shall constitute one and the same instrument.


IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by them or their duly authorized representatives as of the date first written
above.


NEW FRONTIER MEDIA, INC.


 By   /s/ Karyn Miller
_____________________________________________


EXECUTIVE:
     /s/ Michael Weiner
_____________________________________________
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by 9th C i r . R . 36- 3.

T he pa ne l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l a r g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T S T E V E N L E E V A RN U M, P e titio n e r- A p p e lla n t, v. R I C HA R D K I R KL AN D, R es po nd ent- A pp el l ee . N o. 09- 15350 D . C. N o . 2 : 0 4 - c v - 0 2 6 5 9 - G EBC HS ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt f o rth e E a s te rn D is tr ic t o f C a lif o rn ia G a r l a nd E . B urr e l l , D i s tr i c tJ udge , P r e s i di ng S ubm i tt e d A pr i l 20, 2011 ** B efo re: R Y M E R , T H O M A S , an d P A E Z , C i rcu i tJu d g es. C al i forni a s t at e pri soner S t even L ee V arnu m appeal s f rom the di stri ct c ourt ’ s j udgm e ntde ny i ng hi s 28 U . S . C . § 2254 habe a s pe t i t i on. W e ha ve j u r i s d i c t i o n u n d e r2 8 U . S. C. § 2 2 5 3 , a n d w e a f f i rm. 

# FI LED APR28 2 011 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS09- 15350 2 V a rn u m c o n te n d s th a t th e s ta te c o u rt’s d e n ia l o f h is m o tio n to s u p p r e s s h is confes si on w as a vi ol at i on of hi s F i fth A m endm entri gh tt o si l ence and cou nsel un der Mi r anda vA r i

z ona , 384 U . S . 436 ( 1966) . T he s t a t e c ourtde ni a l of V arnu m ’ s m ot i on w as no tan un re as on abl e det erm i nat i on of the fa ct s and w as nei ther c on traryt o, no r an u nrea sonabl e app l i ca t i on of, cl earl y e st abl i shed l aw as d e te rm in e d b y th e S u p r e m e C o u rt o f th e U n ite d S ta te s . See 28 U . S . C . § 2 25 4(d); D avis v . U

ni ted Stat es , 51 2 U . S . 45 2, 45 9 (19 94 ) ( i nv ocat i on of Mi r anda r ig h t to c ouns e l m us tbe una m bi guous s uc h tha tar e a s onabl e of f i c e ri n l i ghtof

the ci rc um st ance s w ou l d u nd er st and the st at em entt o b e i nv ok i ng the ri gh tt o cou nsel ). AF F I RME D.
#### Duggan McCRARY v. AMERICAN CAN COMPANY and XYZ Insurance Company.

No. 86-C-2540.

Supreme Court of Louisiana.

Jan. 30, 1987.

In re McCrary, Duggan; applying for writ of certiorari and/or review; to the Court of Appeal, Fourth Circuit, No. CA-5151; Parish of Orleans, Civil District Court, Div. “L”, No. 82-19243.

Prior report: La.App., 497 So.2d 795.

Denied.

DIXON, C.J., would grant the writ.
#### Hogan Motor Vehicle Operator License Case.

*597Argued March 19, 1962.

Before Rhodes, P. J., Ervin, Wrigiit, Woodside, Watkins, Montgomery, and Flood, JJ.

*William L.*McLaughlin, for appellant.

*Elmer T. Bolla,*Deputy Attorney General, with him *David Stahl,*Attorney General, for Commonwealth, appellee.

April 12, 1962:

Opinion by

Woodside, J.,

This appeal is from an order of the Court of Common Pleas of Chester County sustaining a suspension imposed by the Secretary of Revenue.

The suspension was based on §618(e) of The Vehicle Code of 1959, P. L. 58, 75 P.S. §618, which provides that, “The secretary is hereby authorized ... to suspend the operator’s license ... of any person licensed in this commonwealth, upon receiving notice of the conviction of such person in another state of an offense therein which, if committed in this commonwealth, would be grounds for the suspension or revocation of the license of an operator.”

*598On. April 5, 1960, the appellant was charged with traveling 66 miles per hour in a 50 mile per hour zone in Mansfield Township, New Jersey. On or about April 18, 1960, he voluntarily paid the fine for that charge. The secretary received notice of this conviction on May 3, 1960, and after holding a hearing, suspended the appellant’s license for a period of one month.

The only question raised on this appeal is the sufficiency of the notice of conviction sent by the State of New Jersey. Although the notice ivas lost after the hearing in the court below, an examination of the record of that hearing convinces us that the notice of conviction was sufficient. The notice had on it the fact that appellant was arrested, that he paid a fine of $15 and that the date of conviction was 4/16/60. This notice meets the standards of sufficiency that we established in similar cases. See *Commonwealth v. Halteman,*192 Pa. Superior Ct. 379, 162 A. 2d 251 (1960)*; Witsch Motor Vehicle Operator License Case,*194 Pa, Superior Ct. 384, 168 A. 2d 772 (1961).

Order affirmed.
#### Guy L. KIRKWOOD, Plaintiff, v. DEPARTMENT OF EMPLOYMENT SECURITY, BOARD OF REVIEW, INDUSTRIAL COMMISSION, Defendant.

No. 19177.

Supreme Court of Utah.

Nov. 7, 1985.

Brian C. Harrison, Provo, for plaintiff.

K. Allan Zabel, Salt Lake City, for defendant.

PER CURIAM:

Plaintiff Guy L. Kirkwood appeals the denial of unemployment benefits from the state Department of Employment Security. Because of plaintiff’s failure to timely follow the statutorily prescribed procedure for review within the Department, we affirm the Board of Review’s denial of benefits.

Plaintiff was discharged by Helper City on July 2, 1982, and later was determined ineligible for unemployment benefits under U.C.A., 1953, § 35-4-5(b)(l). At his request, a hearing was scheduled before an appeal referee to reconsider his eligibility for benefits. Plaintiff was notified of the hearing date and advised the employment security office that he would attend the hearing. However, he did not appear at the August 30, 1982, hearing. On September 2, 1982, plaintiff was advised that his appeal had been denied and that the decision would be considered final unless a written appeal was made to the Board of Review within ten days. U.C.A., 1953, § 35-4-6(c) (as amended). No appeal was filed within the ten days.

In a March 29, 1983, letter to the local Department office, plaintiff again detailed his claims regarding his termination. His excuse for failure to appeal was his stress due to family problems. This letter was referred to the Industrial Commission’s Board of Review and treated as an appeal of the September 2, 1982, decision. On April 26, 1983, the Board found untimely plaintiff’s appeal from the September 2, 1982, decision of the appeal referee and declined to reopen the matter.

In *Jones v. Department of Employment Security,*Utah, 641 P.2d 156 (1982), we held that the timely filing of an appeal under section 35-4-6(c) for review within the Department is jurisdictional. Likewise, in *Thiessens v. Department of Employment Security,*Utah, 663 P.2d 72 (1983), we affirmed the review board’s denial of benefits because of the claimant’s untimely appeal to that tribunal and the failure to show “good cause” for the delay. We stated:

> Notwithstanding the apparent jurisdictional limitation of [section 35-4-6(c)], the commission does afford a claimant an opportunity to show good cause why the appeal was filed late. The decision as to *1159whether “good cause” for delay has been demonstrated is basically a factual matter best left to the commission. Where supported by competent evidence, its findings are conclusive.

663 P.2d at 73. *See also Wood v. Department of Employment Security,*Utah, 680 P.2d 38 (1984).

The Commission’s denial of plaintiff’s appeal for unemployment benefits is affirmed.
[Federal Register Volume 77, Number 61 (Thursday, March 29, 2012)]
[Notices]
[Page 19015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7485]



[[Page 19015]]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES


Announcement of Requirements and Registration for Beat Down Blood 
Pressure Challenge

AGENCY: Office of the National Coordinator for Health Information 
Technology, Department of Health and Human Services (HHS).

ACTION: Federal Register Notice; Correction.

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

SUMMARY: On March 22, 2012 the Office of the National Coordinator for 
Health Information Technology, located within the Department of Health 
and Human Services (HHS) published a notice in the Federal Register (77 
FR 17060) announcing requirements and registration for a Beat Down 
Blood Pressure Video Challenge. This challenge will not be open to the 
public until Wednesday, March 28th. On 3/28, we encourage you to visit 
http://BloodPressure.Challenge.gov for a complete set of rules and 
requirements for this contest.

FOR FURTHER INFORMATION CONTACT: For questions concerning this notice 
please contact: Erin Poetter, MPH, Office of the National Coordinator 
for Health Information Technology, HHS, <a href="/cdn-cgi/l/email-protection#214453484f0f514e4455554453614949520f464e57"><span class="__cf_email__" data-cfemail="d8bdaab1b6f6a8b7bdacacbdaa98b0b0abf6bfb7ae">[email protected]</span></a> or 202-
205-3310.

    Dated: March 21, 2012.
Erin Poetter,
Consumer e-Health Policy Analyst ONC, Department of Health and Human 
Services.
[FR Doc. 2012-7485 Filed 3-28-12; 8:45 am]
BILLING CODE 4150-45-P


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