alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 10.136

         ASSIGNMENT DATED DECEMBER 29, 1995 FROM NONA MORELLI'S II, INC.
                          TO NUOASIS INTERNATIONAL INC.

                                   ASSIGNMENT
                                       AND
                                  BILL OF SALE



         KNOW ALL THESE MEN BY THESE PRESENTS:

         THIS  ASSIGNMENT  AND  BILL OF SALE is  made  and  entered  into by and
between Nona Morelli's II Inc., a Colorado corporation ("Assignor"), and NuOasis
International Inc., a California corporation ("Assignee").

         WITNESSETH:  That for and in consideration of the issuance of shares of
Assignee's   $.01  par  value  common   stock,   and  other  good  and  valuable
consideration,  the  receipt of which is hereby  acknowledged,  Assignor  hereby
bargains, sells, grants and conveys unto Assignee, all of Assignor's interest in
the 40% net profits interest in the gaming  activities  conducted at the Diamond
Casino located in the Holiday Inn, Macau,  and the Tapia Casino,  located in the
Hyatt Regency Hotel, Macau,  acquired from Dragon Sight International  Amusement
(Macau) Company  pursuant to that certain Asset Purchase  Agreement dated May 1,
1995, more fully described in such agreement  attached hereto as Exhibit "A" and
incorporated herein by reference (the "Net Profits Interest").

         Assignor warrants that it has the power and authority,  and does hereby
sell and transfer the Net Profits Gaming Interest to Assignee, free and clear of
all liens and encumbrances.

         For the same  consideration,  Assignor  covenants  with  Assignee,  its
heirs, successors, and assigns that Assignor is the lawful owner of and has good
title  to the  Net  Profits  Gaming  Interest,  free  and  clear  of all  liens,
encumbrances  or adverse  claims;  that the Net Profits Gaming Interest is valid
and enforceable;  and that Assignor will warrant and forever defend title to the
Net Profits Gaming Interest against all persons whomsoever, lawfully claiming or
attempting to claim an interest in same.

          IN WITNESS  WHEREOF,  I have  caused  this  instrument  to be executed
effective the 29th day of December, 1995.

                                   "Assignor"
                                   NONA MORELLI'S II INC.



                                   By:-----------------------------------------
                                      Name:
                                      Title:

                                                                [NM\BOS:NUOINPI]

                                        1

<PAGE>



                                   EXHIBIT "A"

                                     to the
                           Assignment and Bill of Sale
                              dated December 29, 1995



                           NET PROFITS GAMING INTEREST

                                                                [NM\BOS:NUOINPI]

                                       2
**Exhibit 32.1**

 

**I-LINK INCORPORATED**

 

**OFFICER’S CERTIFICATIONPURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002(18 U.S.C. 1350)**

 

September 8, 2003

 

Theundersigned Allan Silber, duly appointed and incumbent officer of I-LinkIncorporated, a Florida corporation (the “Corporation”), in connection with theCorporation’s Annual Report on Form 10-K for the annual period ended December31, 2002, as filed with the Securities and Exchange Commission on the datehereof (the “Report”), does hereby represent, warrant and certify pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, as amended, that, to the best ofhis knowledge:

 

1.               The Report is in full compliance withreporting requirements of Section 13(a) of the Securities Exchange Act of 1934,as amended; and

 

2.               The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operation of the Corporation.

 

 
|   |   | /s/ Allan Silber        |   |
|--------|--------|-------------------------|--------|
|   |   | Allan Silber            |
|   |   | Chief Executive Officer |

 

----
**EXHIBIT 21**





****


**LIST OF SUBSIDIARIES**








**Name of Subsidiary**
**Jurisdiction of Incorporation**Gulfport Shipping Limited
BahamasInternational Consulting and Management Limited
St. Vincent & the GrenadinesKaplan Shipping Co. Limited
BahamasKokomo Shipping Limited
BahamasMC Chantilly Limited
BahamasMC Cormorant Shipping Limited
BahamasMC Eid Shipping Limited
BahamasMC Egret Shipping Limited
BahamasMC Heron Shipping Limited
BahamasMC Ibis Shipping Limited
BahamasMC Kite Shipping Limited
BahamasMC Link Shipping Limited
St. Vincent & the GrenadinesMC Pelerin Shipping Limited
BahamasMC Petrel Shipping limited
BahamasMC Shipping S.A.M.
MonacoMC Shrike Shipping Limited
BahamasMC Tercel Shipping Limited
BahamasSphinx Limited
St. Vincent & the GrenadinesUrbana Shipping Limited
Bahamas
Bureau of Labor Statistics

Series Id:

Series title:

Labor force status:

Type of data:

Age:

Years:

Year Qtr1 Qtr2 Qtr3 Qtr4 Annual

2011 200657

Civilian noninstitutional population

Number in thousands

25 years and over

2011 to 2011

Labor Force Statistics from the Current Population Survey

Original Data Value

LNU00000048Q

Not Seasonally Adjusted

(Unadj) Population Level - 25 yrs. & over

Source: Bureau of Labor Statistics Generated on: May 16, 2011 (02:08:08 PM)
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOHN MICHAEL CRIM, 

Plaintiff-Appellant, 

 v. 

MANAGEMENT & TRAINING 

CORPORATION; et al., 

Defendants-Appellees.

No. 17-16676 

D.C. No. 1:09-cv-02041-AWI-GSA 

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Anthony W. Ishii, District Judge, Presiding

Submitted December 18, 2017**

Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.

John Michael Crim, a former federal prisoner, appeals pro se from the 

district court’s judgment dismissing his action alleging federal and state law 

violations. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse 

of discretion a dismissal for failure to comply with a court order. Pagtalunan v. 

 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

JAN 5 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
 2 17-16676 

Galaza, 291 F.3d 639, 640 (9th Cir. 2002). We affirm.

The district court did not abuse its discretion by dismissing Crim’s action 

because Crim failed to comply with a court order and meet deadlines, despite being 

warned that failure to comply would result in dismissal. See id. at 642-43 

(discussing the five factors for determining whether to dismiss for failure to 

comply with a court order); Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir.

1992) (although dismissal is a harsh penalty, the district court’s dismissal should 

not be disturbed absent “a definite and firm conviction” that it “committed a clear 

error of judgment” (citations and internal quotation marks omitted)).

We reject as without merit Crim’s contentions that he was denied due 

process or deprived of any rights or privileges.

We do not consider the district court’s order denying Crim’s request to use 

electronic filing because Crim did not file an amended notice of appeal. See Fed. 

R.App. P. 4(a)(4)(B)(ii).

We do not consider matters not specifically and distinctly raised and argued 

in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.
**EXHIBIT 32.1**

 

**CERTIFICATION OF PERIODIC FINANCIAL REPORTPURSUANT TO 18 U.S.C. SECTION 1350**

 

Theundersigned officer of WII Components, Inc. (the “Company”) herebycertifies that the Company’s quarterly report on Form 10-Q for thequarterly period ended June 30, 2005 to which this certification is beingfurnished as an exhibit (the “Report”), as filed with the Securities andExchange Commission on the date hereof, fully complies with the requirements ofSection 13(a) or 15(d), as applicable, of the Securities Exchange Actof 1934, as amended (the “Exchange Act”), and that the information contained inthe Report fairly presents, in all material respects, the financial conditionand results of operations of the Company. This certification is provided solelypursuant to 18 U.S.C. Section 1350 and Item 601(b)(32) ofRegulation S-K (“Item 601(b)(32)”) promulgated under the Securities Act of1933, as amended (the “Securities Act”), and the Exchange Act. In accordancewith clause (ii) of Item 601(b)(32), this certification (A) shallnot be deemed “filed” for purposes of Section 18 of the Exchange Act, orotherwise subject to the liability of that section, and (B) shall not bedeemed to be incorporated by reference into any filing under the Securities Actor the Exchange Act, except to the extent that the Company specificallyincorporates it by reference.

 
| **Date: August 15,  2005** |                                            |
|---------------------------------|-------------------------------------------------|
|                            | /s/  Dale B. Herbst                             |   |
|                            | Name:  Dale B. Herbst                           |
|                            | Title:  Vice President, Treasurer and Secretary |

 

----
Exhibit 10.2


 


KITE REALTY GROUP TRUST


 


Schedule of Non-Employee Trustee Fees and Other Compensation


 


	
  Annual Retainer

  	
   

  	
  $25,000
  (1)

  
	
   

  	
   

  	
   

  
	
  Board Meeting Fees (telephonic and
  in-person)

  	
   

  	
  $1,000

  
	
   

  	
   

  	
   

  
	
  Committee Meeting Fees (telephonic and
  in-person)

  	
   

  	
  $1,000

  
	
   

  	
   

  	
   

  
	
  Committee Chair Annual Retainer

  	
   

  	
  Audit
  Committee: $10,000

  Compensation Committee: $7,500

  Nominating and Corporate Governance Committee: $5,000

  
	
   

  	
   

  	
   

  
	
  Lead Trustee Retainer

  	
   

  	
  $10,000

  
	
   

  	
   

  	
   

  
	
  Annual Restricted Share Awards

  	
   

  	
  Upon
  initial election, each trustee receives 3,000 restricted shares that vest 1
  year from date of grant.

  

  On an annual basis each year after their initial election, each trustee will
  receive restricted shares with a value of $15,000 that vest 1 year from the
  date of grant.

  



 










(1)                                  On May 13, 2005, the Board of Trustees elected to begin receiving
approximately one-half of their $25,000 annual retainer, which was previously
paid entirely in cash, in common shares of beneficial interest, par value $0.01
per share, of the Company. As a result, beginning with the quarterly payment
for the third calendar quarter of 2005, trustees will receive approximately 50%
of the quarterly payment in common shares pursuant to unrestricted share grants
under the Company’s 2004 Equity Incentive Plan and the remainder in cash. The
number of common shares to be issued each quarter will be based on the closing
price of the common shares on the second business day after public release of
the Company’s financial data for the preceding calendar quarter (rounded down
to the nearest whole common share).


 


Effective: May 2005


 


1
#### In the Interest of J.L.P., a child,

No. BI-9.

District Court of Appeal of Florida, First District.

Jan. 15, 1986.

*86Louis 0. Frost, Jr., Public Defender and Elaine Lucas, Asst. Public Defender, Jacksonville, for appellant.

Jim Smith, Atty. Gen. and Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

The delinquency petition was filed for appellant, age fourteen, for allegedly stealing a bicycle pump from Woolworth’s and for resisting a Woolworth’s employee who tried to recover the pump. Appellant moved to dismiss the latter charge on the ground that the petition failed to allege that he had subsequently been found guilty of theft, a material element of the charge. At the adjudicatory hearing, the court heard argument on the motion to dismiss and denied the motion, as well as an oral motion for judgment of acquittal based upon the insufficiency of the evidence.

We find no merit to appellant’s attack on the conviction for theft of the bicycle pump and affirm the denial of the motion for judgment of acquittal.

We are compelled to agree with appellant that section 812.015(6), Florida Statutes (1983), as written requires, as an essential element of the offense of resisting a merchant, that the defendant be “subsequently found to be guilty of theft of the subject merchandise.” Although it is doubtful that the legislature intended to require a finding of guilt on the theft charge before a defendant could be charged with resisting a merchant, that is the result under the clear and unequivocal language of the statute. This will, in all probability, create speedy trial problems for prosecutors, when both crimes arise from the same incident. There is no way we can repair this statute by judicial construction. If the legislature intends for the offense of resisting a merchant to be charged simultaneously with the theft offense, it will have to amend the statute. This same construction of the statute has been reached by the Fifth District Court of Appeal in *K.M.S. v. State,*402 So.2d 593 (Fla. 5th DCA 1981).

The decision of the trial court is AFFIRMED in part, REVERSED in part, and REMANDED with instructions to dismiss the count alleging resisting a retail merchant.

THOMPSON, ZEHMER and BAR-FIELD, JJ., concur.
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

 Respondent

 v.

LAVET I. HENDERSON,

 Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 806 MAL 2014

Petition for Allowance of Appeal from the

Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 9th day of April, 2015, the Petition for Allowance of Appeal is

DENIED.
III

106TH CONGRESS

1ST SESSION S. CON. RES. 12

Requesting that the United States Postal Service issue a commemorative

postage stamp honoring the 100th anniversary of the founding of the

Veterans of Foreign Wars of the United States.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 22, 1999

Ms. COLLINS (for herself, Mr. INOUYE, Mr. NICKLES, Mr. ROTH, Mr. FRIST,

Mr. JEFFORDS, Mr. ROCKEFELLER, Mr. TORRICELLI, Mr. KERRY, Mr.

DEWINE, Mr. COVERDELL, Mr. VOINOVICH, Mr. SHELBY, Mr. HELMS,

Mr. ROBB, Mr. CLELAND, Mr. CONRAD, Mr. DASCHLE, Mr. GRASSLEY,

Mr. ABRAHAM, Mr. AKAKA, Mr. ALLARD, Mr. BAUCUS, Mr. BROWNBACK,

Mr. BRYAN, Mr. CHAFEE, Mr. CRAIG, Mr. DODD, Mr. DOMENICI, Mr.

ENZI, Mr. FEINGOLD, Mr. FITZGERALD, Mr. GORTON, Mr. GRAMM, Mr.

GREGG, Ms. LANDRIEU, Mr. STEVENS, Mr. THURMOND, Mr.

WELLSTONE, Mr. SPECTER, Mr. ASHCROFT, Mr. DURBIN, Mr. WARNER,

Mr. HAGEL, Mr. REID, Mr. INHOFE, Mrs. BOXER, Mr. BIDEN, Mr.

GRAMS, Mr. LOTT, Mr. KENNEDY, Mr. SESSIONS, Mr. LAUTENBERG, Ms.

SNOWE, Mr. WYDEN, Mr. HATCH, Mr. CRAPO, and Mrs. LINCOLN) submitted the following concurrent resolution; which was referred to the

Committee on Governmental Affairs

CONCURRENT RESOLUTION

Requesting that the United States Postal Service issue a

commemorative postage stamp honoring the 100th anniversary of the founding of the Veterans of Foreign Wars

of the United States.

Whereas the Veterans of Foreign Wars of the United States

(hereinafter in this resolution referred to as the ‘‘VFW’’),

which was formed by veterans of the Spanish-American
2

•SCON 12 IS

War and the Philippine Insurrection to help secure rights

and benefits for their service, will be celebrating its 100th

anniversary in 1999;

Whereas members of the VFW have fought, bled, and died

in every war, conflict, police action, and military intervention in which the United States has engaged during this

century;

Whereas, over its history, the VFW has ably represented the

interests of veterans in Congress and State Legislatures

across the Nation and established a network of trained

service officers who, at no charge, have helped millions of

veterans and their dependents to secure the education,

disability compensation, pension, and health care benefits

they are rightfully entitled to receive as a result of the

military service performed by those veterans;

Whereas the VFW has also been deeply involved in national

education projects, awarding nearly $2,700,000 in scholarships annually, as well as countless community projects

initiated by its 10,000 posts; and

Whereas the United States Postal Service has issued commemorative postage stamps honoring the VFW’s 50th

and 75th anniversaries, respectively: Now, therefore, be it

1 Resolved by the Senate (the House of Representatives

2 concurring), That the Congress requests that the United

3 States Postal Service issue a commemorative postage

4 stamp in 1999 in honor of the 100th anniversary of the

5 founding of the Veterans of Foreign Wars of the United

6 States.

Æ
#### STATE ex rel. Murry Stephen LUCKY v. N. Burl CAIN, Warden, Dixon Correctional Institute.

No. 87-KH-1329.

Supreme Court of Louisiana.

May 20, 1988.

In re Lucky, Murry Stephen; applying for writ of certiorari and/or review, and supervisory writs; Parish of St. Tammany, 22nd Judicial District Court, Div. “B”, No. 83027; to the Court of Appeal, First Circuit, No. KW87 0407.

Denied.

DIXON, C.J., would grant the writ.
Federal Aviation Administration 

Attention: Director, Office of Airport Compliance 

and Management Analysis 

800 Independence Avenue, SW 

Washington, District of Columbia 20591 

Re: Compliance with FAA's Policy and Procedures Amendment Concerning the Use of 

Airport Revenue 

Dear Mr. Brown: 

This letter is in response to your letter addressed to The Honorable Tom Wolf, Governor 

of Pennsylvania, dated November 24, 2015, regarding compliance with the FAA's new 

amendment confirming FAA's Policy and Procedures Concerning the Use of Airport Revenue (64 

Fed. Reg. 7696, February 16, 1999) and clarifying that State taxes on aviation fuel are to be used 

for a State aviation program or for airport-related purposes. 

After a thorough review and consultation with the Pennsylvania Department of 

Transportation's Office of Chief Counsel and Bureau of Fiscal Management, it has been 

determined that Pennsylvania is in compliance with FAA statutes and policies. Pursuant to 

Section 5103 of Title 74 of the Pennsylvania Consolidated States, 74 Pa. C.S. § 5103, the Aviation 

Restricted Account was created within the State Treasury. All excise taxes imposed upon the 

use of fuel in aircraft engines are deposited into the Aviation Restricted Account. 71 P.S. § 21 O(b). 

The funds are then used in the furtherance of various aviation programs. 71 P.S. §210(c). 

In addition, the Department's regulation at 67 Pa. Code§ 473.3 identifies which aviation 

related projects are eligible for grants using the Aviation Restricted Account. 

Should you have any questions, please feel free to contact me at 717-705-1200 or email 

me at amccloskey@pa.gov. 

Sincerely, 

Anthony J. McCloskey, P.E. . 

Acting Director 

Bureau of Aviation 

. ' 

. , • 

Bureau of Aviation 1 P.O. Box 3151 1 Harrisburg, Pennsylvania 17105-3457 I www.penndot.gov
III

106TH CONGRESS

2D SESSION S. RES. 231

Referring S. 1456 entitled ‘‘A bill for the relief of Rocco A. Trecosta of

Fort Lauderdale, Florida’’ to the chief judge of the United States Court

of Federal Claims for a report thereon.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 10, 1999

Mr. GRAHAM submitted the following resolution; which was referred to the

Committee on the Judiciary

OCTOBER 24 (legislative day, SEPTEMBER 22), 2000

Committee discharged; considered and agreed to

RESOLUTION

Referring S. 1456 entitled ‘‘A bill for the relief of Rocco

A. Trecosta of Fort Lauderdale, Florida’’ to the chief

judge of the United States Court of Federal Claims

for a report thereon.

1 Resolved,

2 SECTION 1. REFERRAL.

3 S. 1456 entitled ‘‘A bill for the relief of Rocco A.

4 Trecosta of Fort Lauderdale, Florida’’ now pending in the

5 Senate, together with all the accompanying papers, is re6 ferred to the chief judge of the United States Court of

7 Federal Claims.
2

SRES 231 ATS

1 SEC. 2. PROCEEDING AND REPORT.

2 The chief judge shall—

3 (1) proceed according to the provisions of sec4 tions 1492 and 2509 of title 28, United States Code;

5 and

6 (2) report back to the Senate, at the earliest

7 practicable date, providing—

8 (A) such findings of fact and conclusions

9 that are sufficient to inform the Congress of the

10 nature, extent, and character of the claim for

11 compensation referred to in such bill as a legal

12 or equitable claim against the United States or

13 a gratuity; and

14 (B) the amount, if any, legally or equitably

15 due from the United States to Rocco A.

16 Trecosta of Fort Lauderdale, Florida.

Æ
**EXHIBIT 31.2****Certification of the Chief Financial Officer pursuant to Section 302 of the Sarbanes-Oxley Act.**I, Richard S. Kay, certify that: 1. I have reviewed this Quarterly Report on Form 10-QSB of Xenonics Holdings, Inc.;  2. Based on my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, not misleading withrespect to the period covered by this report;  3. Based on my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the small business issuer as of, andfor, the periods presented in this report;  4. The small business issuer’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined in ExchangeAct Rules 13a-15(e) and 15d-15(e)) for the small business issuer and have: a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, to ensurethat material information relating to the small business issuer, including itsconsolidated subsidiaries, is made known to us by others within those entities,particularly during the period in which this report is being prepared;  b) Evaluated the effectiveness of the small business issuer’s disclosurecontrols and procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of theperiod covered by this report based on such evaluation; and  c) Disclosed in this report any change in the small business issuer’sinternal control over financial reporting that occurred during the small businessissuer’s most recent fiscal quarter (the small business issuer’s fourth fiscalquarter in the case of an annual report) that has materially affected, or isreasonably likely to materially affect, the small business issuer’s internalcontrol over financial reporting; and 5. The small business issuer’s other certifying officer and I have disclosed, basedon our most recent evaluation of internal control over financial reporting, to the smallbusiness issuer’s auditors and the audit committee of the small business issuer’s boardof directors (or persons performing the equivalent functions): a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonably likelyto adversely affect the small business issuer’s ability to record, process,summarize and report financial information; and  b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the small business issuer’s internalcontrol over financial reporting.        Date:  February 12, 2008 /s/ Richard S. Kay   Name:  Richard S. Kay   Title:  Chief Financial Officer