alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
STATE OF VERMONT

ENVIRONMENTAL COURT

In re: Appeal of Larson, et al. } } } } } Docket No. 70

- 5

- 01 Vtec

Decision and Order on Remaining Issues

A decision and order was entered in this matter on September 17, 2001; Appellants dispute whether that order concluded all issues in this appeal. Appellants are represented by Karl C. Anderson, Esq.; Appellee

- Applican t is represented by Kevin P. Candon, Esq.; the City is represented by Henry Brislin, Esq. We address the remaining issues as identified by Appellants in the telephone hearing held on September 26, 2001.

Appellant argues that a present owner of the property , as well as Easter Seals as the prospective purchaser of the property, must sign the application. It is sufficient that the applicant have an equitable ownership interest in the property its prospective purchaser, whether under a purchase and sale agreeme nt, option contract or other agreement. In the present case there is no secret agreement between the owner and the permit applicant , which was the disability in Mad River Valley Enterprises, Inc. v. Town of Warren Board of Adjustment , 146 Vt. 126 (1985). Rather, as in In re Appeal of Foti , Docket No. E96

- 209 (February 24, 1997) (entry order), the entity which will own and operate the improvements qualifies as an interested person under the statute, and qualifies as an applicant under the City = s zoning ord inance.

Appellants also argue that the Burnham Road school is simply an extension of and an integral part of the Stratton Road group home, and therefore itself is a group home, which should be prohibited because it will be located within 1000 feet of the Stratton Road group home. However, the fact remains that no residential use of the Burnham Road property is proposed. Rather, it falls

within the definition of A school, @ and not within the definition of A group home, @ regardless of whether residents of a group home attend it or are required to attend it. If the state legislature or the Town had wished to establish subcategories of A school @ in the zoning statute or ordinance, which would receive differential regulatory treatment if attended by group home residents, they had ample opportunity to do so when the A group home @ definitions and regulations were being added. They did not do so, and the Court cannot create this distinction where none exists in the Zoning Ordinance or state statute.

Accordingly, as discussed by the parties in the conference held on September 26, 2001, this ruling concludes the appeal.

Done at Barre, Vermont, this 2 nd day of November, 2001.___________________

Merideth Wright Environmental Judge
#### Hew v. Hew

22607

02/26/2001

Affirmed in part, Vacated in part & Remanded
#### State v. Cargill

16704

4/30/97

Vacated and Remanded
#### State v. Fetelee.

27482

08/29/2007

Granted

114 Hawai'i 151, 157 P.3d 590
Exhibit







Exhibit 10.8



THIRD AMENDMENT TO THE
SANDERSON FARMS, INC. AND AFFILIATES
EMPLOYEE STOCK OWNERSHIP PLAN


THIS THIRD AMENDMENT is made and entered into by Sanderson Farms, Inc. (the “Corporation”) as set forth herein.
WHEREAS, the Corporation maintains the Sanderson Farms, Inc. and Affiliates Employee Stock Ownership Plan (the “Plan”); and
WHEREAS, the Corporation desires to amend the Plan to revise the mandatory distribution provisions. 
NOW, THEREFORE, pursuant to the provisions of Section 12.1 of the Plan, the Plan is hereby amended, effective as of May 2, 2016, as follows:
1.Section 7.3 is revised to read as follows:
Section 7.3 Mandatory Distributions. 
		
	(a) 
	Subject to the requirements of subsection (c), if, upon Termination of Employment for any reason, a Participant’s vested Account balance does not exceed one thousand dollars ($1,000), then the Administrative Committee shall direct the Trustee to distribute the vested Account balance to the Participant as soon as practicable after the Distribution Date coincident with or next following the Participant’s Termination of Employment.


		
	(b) 
	Subject to the requirements of subsection (c), if, upon Termination of Employment for any reason, a Participant’s vested Account balance is greater than one thousand dollars ($1,000) but does not exceed five thousand dollars ($5,000), and the Participant does not timely request a distribution, then the Administrative Committee shall direct the Trustee to distribute the vested Account balance in a direct rollover to an Individual Retirement Account described in Code Section 408(a) designated by the Administrative Committee as soon as practicable after the Distribution Date coincident with or next following the Participant’s Termination of Employment. 


		
	(c) 
	The Participant will receive advance notice of the distribution and the right to demand that the distribution be made in the form of whole shares of Qualifying Employer Securities with the value of any fractional shares paid in cash. Unless the Participant makes a timely demand that the distribution be made in the form of whole shares of 






0S0187-038943






Exhibit 10.8



Qualifying Employer Securities with the value of any fractional shares paid in cash, the distribution will be made entirely in cash.  
2.Except as otherwise provided in this Third Amendment, the provisions of the Plan shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned has executed this Third Amendment to the Plan on this 20th day of October, 2016, effective as set forth herein.


SANDERSON FARMS, INC.


                    


By: /s/ D. Michael Cockrell




0S0187-038943
<PAGE>
                                                                    EXHIBIT 99.2




    CERTIFICATIONS 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 E Com Ventures, Inc. (the "Company")
of Form 10-Q for the period ending August 3, 2002 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, A. Mark Young,
Chief Financial 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, to my knowledge:

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

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


                                        By:  /s/ A. Mark Young
                                             ----------------------------------
                                             A. Mark Young
                                             Chief Financial Officer
# C_2020443EN.01002001.xml

| 21.12.2020 | EN | Official Journal of the European Union | C 443/20 |
| --- | --- | --- | --- |

21.12.2020

EN

Official Journal of the European Union

C 443/20

---

Judgment of the General Court of 15 October 2020 — Zhejiang Jiuli Hi-Tech Metals v Commission

(Case T-307/18) (1)

(Dumping - Imports of certain seamless pipes and tubes of stainless steel originating in China - Imposition of a definitive anti-dumping duty - Rights of the defence - Calculation of the dumping margin - Analogue country - Injury - Causal link)

(2020/C 443/23)

Language of the case: English

Parties

Applicant: Zhejiang Jiuli Hi-Tech Metals Co. Ltd (Huzhou, China) (represented by: K. Adamantopoulos and P. Billiet, lawyers)

Defendant: European Commission (represented by: A. Demeneix, M. França, N. Kuplewatzky and E. Schmidt, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of Commission Implementing Regulation (EU) 2018/330 of 5 March 2018 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes of stainless steel originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council (OJ 2018 L 63, p. 15), in so far as it concerns the applicant.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Zhejiang Jiuli Hi-Tech Metals Co. Ltd to pay the costs. |
| --- | --- |

2.

Orders Zhejiang Jiuli Hi-Tech Metals Co. Ltd to pay the costs.

---

(1)  OJ C 240, 9.7.2018.

---
**Exhibit 31.2**
**RULE 13a-14(a)/15d-14(a) CERTIFICATIONS**
I, Edward H. West, certify that:    1. I have reviewed this quarterly report on Form 10-Q for the fiscal quarterended March 31, 2010 of Education Management Corporation; 2. Based on my knowledge, this report does not contain any untrue statementof a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period coveredby this report; 3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flows ofthe registrant as of, and for, the periods presented in this report; 4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrantand have:  a)Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision,to ensure that material information relating to the registrant, includingits consolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is beingprepared;  b)Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end ofthe period covered by this report based on such evaluation; and  c)Disclosed in this report any change in the registrant’s internal controlover financial reporting that occurred during the registrant’s mostrecent fiscal quarter (the registrant’s fourth fiscal quarter in the caseof an annual report) that has materially affected, or is reasonablylikely to materially affect, the registrant’s internal control overfinancial reporting; and 5. The registrant’s other certifying officer and I have disclosed, based onour most recent evaluation of internal control over financial reporting,to the registrant’s auditors and the audit committee of the registrant’sboard of 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 arereasonably likely to adversely affect the registrant’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 registrant’s internalcontrol over financial reporting.
Date: May 11, 2010     By: /s/ Edward H. West       **Edward H. West**
EXHIBIT 99.2



GENAERA CORPORATION



CERTIFICATION OF

CHIEF FINANCIAL OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of Genaera Corporation (the Company) on Form 10-Q for the three-month period ended March 31, 2003 as
filed with the Securities and Exchange Commission on the date hereof (the Report), I, Christopher P. Schnittker, Senior Vice President and Chief Financial 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, as amended; 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/    CHRISTOPHER P.
SCHNITTKER                                           
|Christopher P. Schnittker Senior Vice President and Chief Financial Officer



May 8, 2003
1 The Honorable Paul A. Magnuson, United St ates District Judge for the District of Minnesota, adopting the report and reco mmendations of the Honorable Arthur J. Boylan, United States Magistrate Judge for the District of Minnesota. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 06-2775

___________ Keith Fisher, * * Appellant, * * Appeal from the United States v. * District Court for the * District of Minnesota. R. L. Morrison, Warden, * * [UNPUBLISHED] Appellee. *

___________ Submitted: December 6, 2007 Filed: December 20, 2007

___________ Before MURPHY, SMITH, and SHEPHERD, Circuit Judges.

___________ PER CURIAM. Federal inmate Keith Fisher appeals the district court’s 1 partial denial of his 28 U.S.C. § 2241 petition. Follo wing de novo review, see Hill v. Morrison , 349 F.3d 1089, 1091 (8th Cir. 2003), we agree with the di strict court that the Bureau of Prisons had no obligation to consider Fisher for immediate placement in a Residential Reentry Center (RRC), see Fults v. Sanders , 442 F.3d 1088, 1089-90 (8 th Cir. 2006), and we decline to consider Fisher’s newly raisedclaim that he is entitled to immediate RRC-2- placement based on extraordinary family circumstances, see Stone v. Harry , 364 F.3d 912, 914-15 (8th Cir. 2004). Accordingly, we affirm under 8th Cir. Rule 47B.

______________________________
51 P.3d 373

SUPREME COURT OF HAWAI'I

#### State v. Genge

23011

07/10/2002

Vacated and Remanded
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          OCT-31-2000
<PERIOD-END>                               JUL-31-2000
<CASH>                                           55871
<SECURITIES>                                         0
<RECEIVABLES>                                        0
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<INTEREST-EXPENSE>                                   0
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<INCOME-CONTINUING>                              25266
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<EPS-BASIC>                                       2.29
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</TABLE>
EXHIBIT NO. 32.1

The
following certification is provided by the undersigned Chief Executive Officer and Chief
Financial Officer of MAF Bancorp, Inc. on the basis of each such officers knowledge
and belief for the sole purpose of complying with 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.

# Certification of Chief
Executive Officer and Chief Financial Officerpursuant to 18 U.S.C. Section
1350, as adopted pursuant toSection 906 of the
Sarbanes-Oxley Act of 2002

In
connection with the Annual Report of MAF Bancorp, Inc. (the Company) on Form
10-K for the twelve months ended December 31, 2006, as filed with the Securities and
Exchange Commission on or about March 1, 2007, (the Report), the
undersigned Chief Executive Officer and Chief Financial Officer of the Company, hereby
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, as amended; and

(2)       
          The information contained in the Report fairly presents, in all material
          respects, the financial condition and results of operations of the Company.

|Date:  March 1, 2007 |  | /s/ Allen H. Koranda
Name:  Allen H. KorandaTitle:  Chairman of the Board and Chief Executive Officer
|-------------------- |  | -------------------------------------------------------------------------------------------------------------------

|Date:  March 1, 2007 |  | /s/ Jerry A. Weberling
Name:  Jerry A. WeberlingTitle:  Executive Vice President and 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 upon request. This certification accompanies the Companys Form 10-K for
the twelve month period ended December 31, 2006 and shall not be treated as having been
filed as part of the Form 10-K.
March 18, 1998

20742

#### State v. Akahoshi

Affirmed
**EXHIBIT32.1**

 

**CERTIFICATIONS PURSUANT TO 18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection withthe quarterly report on Form 10-Q of PLC Systems Inc. (the “Company”) forthe period ended September 30, 2009 as filed with the Securities andExchange Commission on the date hereof (the “Report”), the undersigned, Mark R.Tauscher, President and Chief Executive Officer of the Company, herebycertifies, pursuant to 18 U.S.C. Section 1350, that, to his knowledge:

 

(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 13, 2009 | By:    | /s/  Mark R. Tauscher                  |
|------------------------------------|--------|----------------------------------------|
|                               |   | Mark  R. Tauscher                      |
|                               |   | President  and Chief Executive Officer |
|                               |   | (Principal  Executive Officer)         |

 

In connection withthe quarterly report on Form 10-Q of PLC Systems Inc. (the “Company”) forthe period ended September 30, 2009 as filed with the Securities andExchange Commission on the date hereof (the “Report”), the undersigned, JamesG. Thomasch, Chief Financial Officer of the Company, hereby certifies, pursuantto 18 U.S.C. Section 1350, that, to his knowledge:

 

(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 13, 2009 | By:    | /s/  James G. Thomasch         |
|------------------------------------|--------|--------------------------------|
|                               |   | James  G. Thomasch             |
|                               |   | Chief  Financial Officer       |
|                               |   | (Principal  Financial Officer) |

 

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

<ARTICLE> 5

<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   6-MOS
<FISCAL-YEAR-END>                          FEB-03-2001             FEB-03-2001
<PERIOD-START>                             APR-30-2000             JAN-30-2000
<PERIOD-END>                               JUL-29-2000             JUL-29-2000
<CASH>                                               0               2,397,650
<SECURITIES>                                         0                       0
<RECEIVABLES>                                        0               2,890,712
<ALLOWANCES>                                         0                 (39,802)
<INVENTORY>                                          0              68,274,916
<CURRENT-ASSETS>                                     0              85,825,966
<PP&E>                                               0              45,093,686
<DEPRECIATION>                                       0             (22,237,410)
<TOTAL-ASSETS>                                       0             126,266,873
<CURRENT-LIABILITIES>                                0              76,136,367
<BONDS>                                              0              56,463,750
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                             0                 107,613
<OTHER-SE>                                           0              72,856,728
<TOTAL-LIABILITY-AND-EQUITY>                         0             126,266,873
<SALES>                                     48,637,574              88,252,318
<TOTAL-REVENUES>                                     0                       0
<CGS>                                       29,253,558              52,445,611
<TOTAL-COSTS>                                        0                       0
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                           1,555,620               5,557,719
<INCOME-PRETAX>                                939,483              (5,683,456)
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                            939,483              (5,683,456)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                   939,483              (5,683,456)
<EPS-BASIC>                                       0.10                   (0.64)
<EPS-DILUTED>                                     0.07                   (0.64)


</TABLE>