alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United Financial Corporation Exhibit 10.1 to Form 10-Q Dated: 6-30-05






EXHIBIT 10.1 




AMENDMENT TO UNITED
FINANCIAL CORP. 2000 LONG-TERM INCENTIVE AND STOCK OPTION PLAN



AMENDMENT  TO  UNITED  FINANCIAL
 CORP.  2000  LONG-TERM  INCENTIVE  AND  STOCK  OPTION  PLAN,  dated as of May 24,  2005
(the "Amendment") of United Financial Corp., a Minnesota corporation (the "Corporation"). 



W I T N E S S E T H : 



        WHEREAS, the
Board of Directors of the Corporation adopted the United Financial Corp. 2000 Long-Term
Incentive and Stock Option Plan (the “Plan”) in January 2000, and the
shareholders of the Corporation approved the Plan in May 2000; and 



        WHEREAS,
Section 16 of the Plan permits the Board of Directors to amend the Plan to increase the
maximum number of shares available thereunder, subject to the receipt of the approval of
the shareholders of the Corporation; and 



        WHEREAS,
prior to March 2005, there were 198,000 shares authorized for issuance under the Plan,
as a result of the 120,000 shares initially authorized when the Plan was adopted, as
adjusted by subsequent stock dividends; and 



        WHEREAS,
in March 2005, the Board of Directors amended the Plan to increase the number of shares
available thereunder from 198,000 to 258,000, and the shareholders of the Corporation
approved this increase at the 2005 Annual Meeting on May 24, 2005. 



        NOW
THEREFORE, the Plan is hereby amended as set forth below: 



             1.    
          Amendment of Section 2. The Plan is hereby amended by increasing the
          aggregate number of shares for which options may be exercised or other awards
          issued to 258,000. 



             2.    
          Remaining Terms. Except as expressly provided above, the Plan shall
          remain in full force and effect. 



             3.    
          Effectiveness. This Amendment is effective as of May 24, 2005.
**IN THE SUPREME COURT OF PENNSYLVA NIA** 

IN RE: ORDER RESCINDING RULE 3.9, AND AMENDING RULES 3.10

-3.11 AND THE COMMENT TO RULE 3.12 OF THE RULES GOVERNING STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES, AND AMENDING RULE 323 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE BEFORE MAGISTERIAL DISTRICT JUDGES : : : : : : : : : : : : : NO. 405 MAGISTERIAL RULES DOCKET

**ORDER PER CURIA** **M** AND NOW , this 14th day of December 2016 , upon the recommendation of the Minor Court Rules Committee ; the proposal having been published for public comment at 33 Pa.B. 745 (February 8, 2003), 37 Pa.B. 6902 (December 29, 2007), and 43 Pa.B. 2269 (April 27, 2013) : It is **O RDERED**  pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 3.9 is resci nded, and that Rules 3.10

-3.11 and the Comment to Rule 3.12 of the Rules Governing Standards of Conduct of Magisterial District Judges, and Rule 323 of the Pennsylvania Rules of Civil Procedure Before Magisterial District Judges , are amended in the attached form. This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective April 1, 2017

. Additions to the rule are shown in bold and are un derlined. Deletions from the rule are shown in bold and brackets.
CERTIFICATION OF PERIODIC FINANCIAL REPORTS

I, Richard M. Cohen, Chief Financial Officer of Baseline Oil & Gas Corp.,
certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1) the Quarterly Report on Form 10-QSB/A for the quarterly period ended March
31, 2006 (the "Periodic Report") which this statement accompanies fully complies
with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act
of 1934 (15 U.S.C. 78m or 78o(d)) and

(2) information contained in the Periodic Report fairly presents, in all
material respects, the financial condition and results of operations of Baseline
Oil & Gas Corp.


Dated: October 6, 2006



                                               /s/ Richard M. Cohen
                                               ---------------------------------
                                               Richard M. Cohen
                                               Chief Financial Officer

A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
**Exhibit 32.1**

 

**POLYPORE INTERNATIONAL, INC.**

** **

**CHIEF EXECUTIVE OFFICER CERTIFICATION PURSUANT TO SECTION 906 OFTHE SARBANES-OXLEYACT OF 2002**

** **

Inconnection with the Quarterly Report of Polypore International, Inc. (the “Company”)on Form 10-Q for the period ended September 27, 2008 as filed withthe Securities and Exchange Commission on the date hereof (the “Report”), theundersigned, Robert B. Toth, President and Chief Executive Officer of theCompany, does hereby certify, pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, that:

 

1.                                       TheReport fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

2.                                       Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

** **
| Date:  November 6, 2008 | /s/   Robert B. Toth    |
|------------------------------|----------------------------------------|
|                         | Robert B.  Toth                        |
|                         | President  and Chief Executive Officer |

 

----
**Exhibit 32.1**

 

CERTIFICATION 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 Internet Acquisition Group, Inc. (the “Company”) on Form 10-QSB for the period ended September 30, 2006 as filed with the Securities and Exchange Commission on or about the date hereof (“Report”), the undersigned, in the capacities and on the date indicated below, hereby certifies pursuant 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of 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. |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

|   | /s/ Matt Lettau                                         |
|--------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | Matt Lettau |
|--------|-------------|

|   | Chief Executive Officer |
|--------|-------------------------|

|   | Principal Accounting Officer |
|--------|------------------------------|

|   | November 13, 2006 |
|--------|-------------------|
[No. 35606-2-I.

Division One.

August 26, 1996.]

#### Maxine M. Wells, *Appellant,*v. Farmers Insurance Company, et al., *Respondents.*

Appeal from a judgment of the Superior Court for King County, No. 92-2-04310-6, Jim Bates, J., entered November 7, 1994. *Affirmed in part*and *reversed in part*by unpublished opinion per Ellington, J., concurred in by Grosse and Cox, JJ.
EXHIBIT 32.1

CERTIFICATION 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 PSB Holdings, Inc. (the Company) on Form 10-QSB for the period ended December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Thomas A. Borner, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350 that to the best of 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 as of the dates and for the
periods covered by the report.
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

February 8, 2008



/s/    Thomas A. BornerThomas A. Borner Chief Executive Officer
**EXHIBIT
      32.1**





**Certification
      of Principal Executive 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 amended Quarterly Report of Buffets Holdings, Inc. (the
      “Company”) on Form 10-Q/A for the period ended September 19, 2007, as filed with
      the Securities and Exchange Commission on the date hereof (the “Report”), I, R.
      Michael Andrews, Jr, Chief Executive Officer of the Company, certify, pursuant
      to 18 U.S.C. Section 1350, as adopted pursuant to Section 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.




/s/
                R. Michael Andrews, JrR.
                Michael Andrews, JrChief
                Executive Officer(Principal
                Executive Officer)March
                31, 2008





This
      certification accompanies this Report pursuant to § 906 of the Sarbanes-Oxley
      Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley
      Act of 2002, be deemed filed by the Company for purposes of §18 of the
      Securities Exchange Act of 1934, as amended.





A
      signed
      original of this written statement required by Section 906 has been provided
      to
      the Company and will be retained by the Company and furnished to the Securities
      and Exchange Commission or its staff upon request.
107TH CONGRESS

2D SESSION H. CON. RES. 305

CONCURRENT RESOLUTION

Permitting the use of the Rotunda of the Capitol

for a ceremony to present a gold medal on behalfof Congress to former President Ronald Reaganand his wife Nancy Reagan.

107TH CONGRESS

2D SESSION H. CON. RES. 305

CONCURRENT RESOLUTION

1 Resolved by the House of Representatives (the Senate

2 concurring), That the Rotunda of the Capitol is authorized

3 to be used on May 16, 2002, for a ceremony to present

4 a gold medal on behalf of Congress to former President

5 Ronald Reagan and his wife Nancy Reagan. Physical
2

•HCON 305 EH

1 preparations for the ceremony shall be carried out in ac2 cordance with such conditions as the Architect of the Cap3 itol may prescribe.

Passed the House of Representatives March 5,

2002.

Attest:

Clerk.
<PAGE>   1
                                                                    Exhibit 23.1

                         Consent of Independent Auditors

We consent to the incorporation by reference in the Registration Statement (Form
S-8 No. 333-60865) pertaining to the Hawk Corporation 1997 Stock Option Plan and
in the Registration Statement (Form S-8 No. 333-68583) pertaining to the
Friction Products Co. Profit Sharing Plan; S.K. Wellman Retirement Savings and
Profit Sharing Plan; Helsel, Inc. Employees Retirement Plan; Helsel, Inc.
Employee Savings and Investment Plan; Sinterloy Corporation 401(k) Plan;
Hutchinson Products Corporation Employees 401(k) Plan; and Hawk Corporation
401(k) Savings and Retirement Plan of our report dated February 14, 2000,
included in this Annual Report (Form 10-K) with respect to the consolidated
financial statements of Hawk Corporation incorporated by reference in this
Annual Report (Form 10-K) for the year ended December 31, 1999.

                                                 /s/ ERNST & YOUNG LLP

Cleveland, Ohio
March 28, 2000



                                      19
IV

107TH CONGRESS

1ST SESSION H. CON. RES. 30

Expressing the sense of Congress with respect to relocating the United States

Embassy in Israel to Jerusalem.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 13, 2001

Mr. TANCREDO (for himself, Ms. DUNN, Mr. CANTOR, Mr. ACKERMAN, Mr.

ENGLISH, Mr. RAMSTAD, Mr. MCNULTY, Mr. CALVERT, Ms. ROSLEHTINEN, Mr. STEARNS, Mr. LAHOOD, Mr. OTTER, Ms. BERKLEY, Mr.

ROSS, Mr. BARTON of Texas, and Mr. BERMAN) submitted the following

concurrent resolution; which was referred to the Committee on International Relations

CONCURRENT RESOLUTION

Expressing the sense of Congress with respect to relocating

the United States Embassy in Israel to Jerusalem.

Whereas the Jerusalem Embassy Act of 1995 (Public Law

104–45; 109 Stat. 398) requires that the United States

Embassy in Israel be established in Jerusalem;

Whereas section 7 of such Act allows the President to suspend the requirement that the United States Embassy in

Israel be established in Jerusalem if the suspension is

necessary to protect the national security interests of the

United States;

Whereas the Clinton administration suspended such requirement;
2

•HCON 30 IH

Whereas every sovereign nation has the right to designate its

own capital;

Whereas Jerusalem has been the capital of Israel since 1950;

Whereas Jerusalem has been a united and undivided city governed by Israel since 1967;

Whereas Jerusalem is the seat of the Government of Israel,

including the President, Parliament, and Supreme Court

of Israel;

Whereas the United States conducts official meetings and

other business in the city of Jerusalem;

Whereas, in every country except Israel, the United States

maintains its Embassy in the city designated by the host

country; and

Whereas relocating the United States Embassy in Israel to

Jerusalem will express the continued support of the

United States for Israel and for an undivided Jerusalem:

Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That Congress—

3 (1) maintains its commitment to relocating the

4 United States Embassy in Israel to Jerusalem; and

5 (2) urges the President, pursuant to the Jeru6 salem Embassy Act of 1995 (Public Law 104–45;

7 109 Stat. 398), to immediately begin the process of

8 relocating the United States Embassy in Israel to

9 Jerusalem.

Æ
EXHIBIT 31.1: Rule 13a-14(a) Certifications








I, Qingfu
Ren, certify that:








1.  I
have reviewed this quarterly report on Form 10-QSB of Internet Acquisition
Group, Inc.;





2.  Based
on my knowledge, this report does not contain any untrue statement of a material
fact or omit to state a material fact necessary to make the statements made, in
light of the circumstances under which such statements were made, not misleading
with respect to the period covered by this  report;





3.   Based
on my knowledge, the financial statements, and other financial information
included in this  report, fairly present in all material respects the
financial condition, results of operations and cash flows of the small business
issuer as of, and for, the periods presented in
this  report;





4.  The
small business issuer’s other certifying officers and I am responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the small business issuer and
have:





a)  Designed
such disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under our supervision,  to ensure that
material information relating to the small business issuer, including its
consolidated 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 disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this report based on such evaluation; and





c)
Disclosed in this report any change in the small business issuer’s internal
controls over financial reporting that occurred during the small business
issuer’s most recent fiscal quarter (the small business issuer’s first fiscal
quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the small business issuer’s internal
control over financial reporting; and





5.  The
small business issuer’s other certifying officers and I have disclosed, based on
our most recent evaluation of internal controls over financial reporting, to the
small business issuer’s auditors and the audit committee of the small business
issuer’s board of directors (or persons performing the equivalent
functions):





a)  All
significant deficiencies and material weaknesses in the design or operation of
internal controls over financial reporting which are reasonably likely
to  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 other employees who
have a significant role in the small business issuer’s internal controls over
financial reporting.







Date:
August 14, 2008




/s/Qingfu Ren


Qingfu
Ren, Chief Executive Officer


and Chief
Financial Officer
# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 21

- 10435 Summary Calendar

**United States of America,**

Plaintiff

— Appellee **,**

versus

**Roberto Martinez,**

Defendant

— Appellant

**.**

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:18

- CR

- 519

- 13

Before **Southwick, Oldham,** and **Wilson,** Circuit Judges

**. Per Curiam**  **:** *
Roberto Martinez pled guilty to conspiracy to possess with the intent
to distribute and distribution of a controlled substance. He now appeals his
above

- guidelines sentence of 144 months in prison, arguing that the district court should not have considered expert testimony at sentencing regarding

* Pursuant to **5th Cir cuit**  **R ule**  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 cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED November 18, 2021 Lyle W. C ayce Clerk Case: 21-10435 Document: 00516098600 Page: 1 Date Filed: 11/18/2021No. 21

- 10435

2 whether the heroin supplied to A.B. by Martinez was the but

- for cause of
A.B.’s death . The basis for Martinez’s argument is that the expert testimony allegedly did not comply with Federal Rule s of Evidence 702 and 703

. The Federal Rules of Evidence do not apply at sentencing. **Fed. R.**
**Evid.** 1101(d)(3). A sentencing court “may consider relevant informati on without regard to its admissibility under the rule s of evidence applicable at trial, provided that the information has sufficient indicia of reliability to support its probable accuracy.” United States v. Gaytan , 74 F.3d 545, 558 (5th Cir. 1996) (quota tion marks and citation omitted)

. W hether information relied on at sentencing contains sufficient indicia of reliability is a factual finding reviewed for clear error

. See id

. at 557

– 58

. A finding is not clearly
erroneous if “ it is plausible in light of the record read as a whole. ” United
States v. Betancourt , 422 F.3d 240, 245 (5th Cir. 2005) (quotation marks and citation omitted)

. To the extent that Martinez ’s briefing can be construed as a challenge

to the reliability of the expert witness outside o f the rubric of the Federal Rules of Evidence, the argument is meritless. The record reflects that the expert testified in detail regarding her qualifications, her methodology, and the facts she relied on in reaching her conclusion. Further, she explaine d how she ruled out the possibility that other drugs in A.B.’s system could have
caused her death. The district court’s finding that the expert’s testimony contained sufficient indicia of reliability is plausible in light of the record as a whole, and the district court thus did not err by considering her testimony at sentencing. See Gaytan , 74 F.3d at 557

– 58.

**AFFIRMED**

. Case: 21-10435 Document: 00516098600 Page: 2 Date Filed: 11/18/2021
#### James R. BUSHMAN, Appellant, v. The STATE of Oklahoma, Appellee.

No. F-80-612.

Court of Criminal Appeals of Oklahoma.

July 1, 1982.

Jimmy L. Sam, McAlester, for appellant.

*48Jan Eric Cartwright, Atty. Gen., Robert W. Cole, Asst. Atty. Gen., Oklahoma City, for appellee.

MEMORANDUM OPINION

BRETT, Presiding Judge:

James R. Bushman, hereinafter referred to as the appellant, was tried before a jury in Pittsburg County District Court for the offense of Forgery in the Second Degree, After Former Conviction of a Felony. He was convicted and sentenced to ten (10) years’ imprisonment. From this judgment and sentence he now appeals.

This case must be reversed and remanded because it affirmatively appears in the record that the trial judge in his opening statements to the prospective jury panel referred to the fact that the appellant was standing trial after formerly being convicted of a felony. This Court has repeatedly held that it is reversible error for a district attorney to refer to a defendant’s prior convictions in his opening statement. *Salisbury v. State,*487 P.2d 741 (Okl.Cr.1971); *Sloan v. State,*503 P.2d 580 (Okl.Cr.1972); *Baeza v. State,*478 P.2d 903 (Okl.Cr.1970). We find it to be no less offensive to the bifurcated trial system when the trial judge rather than the prosecutor so refers to the defendant’s prior convictions. 22 O.S.1981, § 860(a).

As reversal is in order on this basis, it is not necessary to address the other issues raised in the appeal.

The judgment and sentence should be reversed and a new trial granted.

The Honorable Tom R. Cornish filed his disqualification in the above styled and numbered matter, and the Honorable Lavern Fishel, District Judge of the Twenty-Fifth Judicial District, was appointed to serve in his stead.

BUSSEY, J., dissents.

FISHEL, J., concurs.

BUSSEY, Judge,

dissenting:

Although the defendant objected to the mention that he had been charged After Former Conviction of a Felony, he failed to request an admonition or move for a mistrial. Moreover, it does not appear that the judge affirmatively referred to the defendant’s prior conviction.