alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### DUGGER v. STATE.

No. A-11811.

Criminal Court of Appeals of Oklahoma.

June 17, 1953.

Wise & Ivester, Sayre, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., for defendant in error.

JONES, Judge.

The defenda'nt Matthew Ross Dugger was charged in the County Court of Wash-ita County with the offense of driving an automobile on a public highway while under the influence of intoxicating liquor. A jury was waived, the defendant was tried, found guilty, and 'sentenced to pay a fine of $125 and has appealed.

No briefs have been filed on behalf of the accused and no appearance was made in his behalf at the time the case was assigned for oral argument. Under such circumstances, in accordance with the rules of this court, the record will be- examined for fundamental error and if none is found the judgment and sentence will be affirmed.

We have examined the record. There was a sharp conflict in the evidence as to whether the defendant was intoxicated at the time he drove his automobile on the date alleged in the information. This presented an issue for the determination of the trial court, .whose 'judgment carries the same weight as the verdict of a jury. The information was sufficient to charge a public offense and there was competent evidence to sustain the judgment.

The judgment and sentence of the County Court of Washita County is affirmed.

POWELL, P. J., and BRETT, J., concur.
#### Connard Bonaparte, Appellant, v State of New York, Respondent. Connard Bonaparte, as Administrator of the Estate of Lola Bonaparte, Deceased, Appellant, v State of New York, Respondent.

(Claim No. 68311.) (Claim No. 68312.)

— Order unanimously affirmed without costs. Memorandum: Claimant filed two claims with the Clerk of the Court of Claims but failed to serve a copy of either claim upon the Attorney-General until nearly four years after the accident. His application, made seven years after the accident, for permission to serve the late claims upon the Attorney-General was properly denied as untimely *(see,*Court of Claims Act § 10 [6]; *Hernandez v State of New York,*144 AD2d 167; *Matter of Welch v State of New York,*71 AD2d 494, 497, *lv denied*50 NY2d 802). Claimant’s contention that he was lulled into a false sense of security by relying upon the Clerk of the Court of Claims to serve the claims upon the Attorney-General is without merit *(see, Isereau v State of New York,*207 Misc 665, *affd sub nom. Walker v State of New York,*3 AD2d 812; *New York Tel. Co. v State of New York,*132 Misc 2d 930, 931).

The Court of Claims properly exercised its discretion in denying the application to treat the notices of intention as claims. Each notice of intention states that the injuries were sustained as the result of a two-vehicle collision which caused the vehicle occupied by the proposed claimant, his deceased wife and his children to strike a median divider at a certain location on the Southern State Parkway. The notice of inten*684tion filed on behalf of the deceased wife contains no allegation of negligence, and the notice of intention filed by the proposed claimant in his individual behalf broadly asserts that the injuries resulted from "the defective design, maintenance and repair of the Southern State Parkway”. While each notice of intention may provide sufficient notice of the factual occurrence to enable the State to investigate, more is required of a claim *(see, Patterson v State of New York,*54 AD2d 147, *affd*45 NY2d 885; *De Hart v State of New York,*92 Misc 2d 631). A claim must assert a cause of action, indicating the legal basis upon which the State is alleged to be liable *(see, Patterson v State of New York, supra).*Neither notice of intention factually states what defect caused the accident or the precise nature of acts of State employees or agents giving rise to liability. The notices of intention, therefore, fail to assert a cause of action against the State and cannot be treated as claims *(see, Patterson v State of New York, supra; Artale v State of New York,*140 AD2d 919; *De Hart v State of New York, supra).*(Appeal from Order of Court of Claims, Blinder, J. — Leave to File Late Claim.) Present — Denman, J. P., Green, Balio, Lowery and Davis, JJ.
<Page>


        CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We hereby consent to the use in this Post-Effective Amendment No. 11 to the
registration statement on Form N-4 (No. 333-20343) (the "Registration
Statement") of our report dated March 31, 2005, relating to the consolidated
financial statements of First Fortis Life Insurance Company, which appears in
such Registration Statement. We also consent to the reference to us under the
heading "Independent Registered Public Accounting Firm" in such Registration
Statement.

PRICEWATERHOUSECOOPERS LLP
Minneapolis, Minnesota
April 4, 2005
<Page>

                                                                          [LOGO]

      CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We hereby consent to the use in this Post-Effective Amendment No. 15 to the
registration statement on Form N-4 (No. 033-63935) (the "Registration
Statement") of our report dated March 31, 2005, relating to the
consolidated financial statements of Fortis Benefits Insurance Company, which
appears in such Registration Statement. We also consent to the reference to
us under the heading "Independent Registered Public Accounting Firm" in such
Registration Statement.

PRICEWATERHOUSECOOPERS LLP
Minneapolis, Minnesota
April 4, 2005
Exhibit 32.3



Certification of Chief Financial Officer



Pursuant to



Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350)



In connection with the Quarterly Report on Form 10-Q for the quarter ended June 30, 2003 (the Report) of
MCG Capital Corporation (the Registrant), as filed with the Securities and Exchange Commission on the date hereof, I, Janet C. Perlowski, the Chief Financial Officer of the Registrant, hereby certify, to the best of my
knowledge, 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
Registrant.



/s/ Janet C. PerlowskiName: Janet C. Perlowski Date: August 7, 2003




This
certification accompanies the Report pursuant to Section 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 MCG Capital Corporation for purposes of Section 18 of
the Securities Exchange Act of 1934. A signed original of this written statement required by Section 906 has been provided to MCG Capital Corporation and will be retained by MCG Capital Corporation and furnished to the Securities and Exchange
Commission or its staff upon request.
```

[Congressional Record Volume 158, Number 122 (Wednesday, September 12, 2012)]
[House]
[Pages H5872-H5873]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                      THE ENERGY FUTURE OF AMERICA

  (Mr. GARAMENDI asked and was given permission to address the House 
for 1 minute and to revise and extend his remarks.)
  Mr. GARAMENDI. Mr. Speaker, today is a day of reflection and sadness, 
and also determination and resolve. The tragic killing of our 
Ambassador in Libya and his staff should remind us all of the dangers 
that exist around the world. So we offer our prayers to the families 
and to the survivors.
  We also need to think about the future in America and about the 
necessity for developing alternative energy systems. The production tax 
credit for wind is absolutely essential. I represent two major wind 
farms, one in Solano and the other in Alameda County. Thousands of jobs 
across this Nation will be lost unless we extend the wind tax credit. 
Keep in mind that for a century we have subsidized the oil and gas 
industry. It's time for us to

[[Page H5873]]

provide the support necessary to create this industry.
  We also ought to be making it in America. One of my bills, H.R. 6217, 
would require that 85 percent of the content of these turbines and 
solar systems be made in America.

                          ____________________
```
# EXHIBIT 31

# 13a-14 CERTIFICATION

I,
Mark E. Jones, III certify
that:

1.
                            I have reviewed this
Amendment No. 1 to Annual Report on Form 10-K of Brazauro Resources                     Corporation (the
Company);

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;

|Dated:  May 31, 2006 | /s/ Mark E. Jones, III
___________________________________
Mark E. Jones, III   
Chief Executive Officer (and principal financial officer)
|-------------------- | ------------------------------------------------------------------------------------------------------------------------------------------

---
<PAGE>

                                                                    Exhibit 99.1

CERTIFICATION OF PERIODIC REPORT

I, Jay M. Rosengarten, Chief Executive Officer of Lucille Farms, Inc. (the
"Company"), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
18 U.S.C. Section 1350, that:

1.       the Annual Report on Form 10-K of the Company for the annual period
ended March 31, 2003 (the "Report") 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.       the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

Dated: July 31, 2003


                                  By: /s/ Jay M. Rosengarten
                                  -----------------------------------
                                  Jay M. Rosengarten Chief Executive Officer


A signed original of this written statement required by Section 906 has been
provided to Lucille Farms, Inc. and will be retained by Lucille Farms, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.
**Exhibit 32.2.****SECTION 1350 CERTIFICATION**     In connection with the Quarterly Report of Huntington Preferred Capital, Inc. (the “Company”)on Form 10-Q for the quarter ending March 31, 2007, as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Thomas P. Reed, Vice President of the Company,certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of2002, that:          (1) The Report fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and          (2) The information contained in the Report fairly presents, in all material respects, thefinancial condition and result of operations of the Company.                                           /s/ Thomas P. Reed        Thomas P. Reed        (chief financial officer)     May 11, 2007
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

December 28, 2006 Clifford W. Taylor, Chief Justice
132138 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, Robert P. Young, Jr. Stephen J. Markman, Justices

v SC: 132138 COA: 267845 Barry CC: 03-100230-FH 03-100306-FH DEANDREA SHAWN FREEMAN, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the A ugust 2, 2006 order of the Court of Appeals is considered, a nd it is DENIED, because the defendant has failed to meet the burden of establishi ng entitlement to relief under MCR 6.508(D).

s1218 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

December 28, 2006

Clerk
```

[Congressional Record Volume 158, Number 120 (Monday, September 10, 2012)]
[House]
[Page H5767]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                            PETITIONS, ETC.

  Under clause 3 of rule XII,

       58. The SPEAKER presented a petition of Alger County Board 
     of Commissioners, Munising, MI, relative to Resolution No. 
     2012-11 asking the Michigan Delegation to show their support 
     for past and present Michigan service members and their 
     families; to the Committee on Armed Services.
```
Amended Employment Agreement.



 EXHIBIT 10.13 
  
 AMENDMENT NO. 1 
 TO EMPLOYMENT AGREEMENT BETWEEN 
 CHECKERS DRIVE-IN RESTAURANTS, INC., A DELAWARE CORPORATION, AND 
 KEITH E. SIROIS 
  
 THE HEREIN AMENDMENT hereby modifies that certain Employment Agreement by and between Checkers Drive-In Restaurants, Inc., (“Checkers”) and
Keith E. Sirois (the “Executive”) dated September 26, 2003, as follows: 
  
 1.  The initial term of the Employment Agreement under Paragraph 2 is extended until September 25, 2006. 
  
 2.  Effective September 26, 2004, the Annual Salary under Paragraph 3.1 of the Employment Agreement is increased to THREE HUNDRED FIFTY THOUSAND
DOLLARS ($350,000.00) annually. 
  
 3.  Effective at the
close of business on November 8, 2004, Executive shall be grant 30,000 options under Checkers’ 2001 Employee Stock Option Plan. 
  
 4.  Except for the specific modifications hereto, the parties hereto mutual affirm that all other terms of the Employment Agreement dated
September 26, 2003 remains in full force and effect. 
  
 IN
WITNESS WHEREOF, the parties hereto have executed this Amendment as of this 8th day of November, 2004. 
  
 Checkers Drive-In Restaurants, Inc., 
 a Delaware Corporation 
  

	
	
	 /s/    Peter C. O’Hara


	 Peter C. O’Hara
 Chairman of the Board of Directors

	
	EXECUTIVE
	
	 /s/    Keith E. Sirois


	 Keith E. Sirois
EXHIBIT 32

CERTIFICATION
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I,
Paul G. Laird, Chief Executive Officer and I, Les Bates, Chief Financial
Officer of New Frontier Energy, Inc. (the Company) certify that:

1.
I have reviewed the quarterly report on Form 10-Q of New Frontier Energy, Inc.;

2.
Based on my knowledge, this quarterly 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 quarterly
report; and

3.
Based on my knowledge, the financial statements, and other financial
information included in this quarterly report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
Company as of, and for, the period presented in this quarterly report.

|                        | 
|----------------------- | 
|Date: July 15, 2009     | 
|                        | 
|/s/ Paul G. Laird       | 
|                        | 
|Paul G. Laird,          | 
|Chief Executive Officer | 
|                        | 
|/s/ Les Bates           | 
|                        | 
|Les Bates,              | 
|Chief Financial Officer | 

---
```

[Congressional Record Volume 158, Number 123 (Thursday, September 13, 2012)]
[Extensions of Remarks]
[Page E1525]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                      HONORING THE CITY OF WESTON

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                      Thursday, September 13, 2012

  Mr. GRAVES of Missouri. Mr. Speaker, I proudly pause to recognize the 
City of Weston, Missouri, as the residents celebrate the 175th 
anniversary of the founding of their community.
  Weston was a mid-nineteenth century Missouri River port community, 
the second largest port on the river, second only to St. Louis. In 
1850, over 300 steamboats a year docked at the Port of Weston. The 
population soared to 5,000, surpassing both Kansas City and St. Joseph. 
Floods, fires, and the Civil War contributed to a decline in 
population, but not in spirit. In 1972, a major portion of the early 
town was designated an Historic District and placed on the National 
Register of Historic Places having retained a substantial portion of 
its early residences and commercial structures. Weston is a gem in the 
6th Congressional District featuring antebellum homes, museums, walking 
tours, and a historic shopping district. Many of the antique, home 
furnishing, gift shops and restaurants are located in buildings built 
prior to the Civil War.
  Mr. Speaker, I proudly ask you to join me in celebrating with the 
City of Weston during their 175th anniversary festivities.

                          ____________________
```
Form of Stock Ownership Guideline.


 Exhibit 10.32 
  
 March, 2005 
  
 Executive 
 Limited Support Group 
  
 The following chart provides a summary of your new compensation package for 2005: 

 
 2005 Compensation Summary 
  

												
	 	  	2004

	 	 	2005

	 	 	% Increase

	 
	Annual Base Salary	  	$	XX	 	 	$	XX	 	 	X	%
				
	IC Target %	  	 	X	%	 	 	X	%	 	 	 
				
	Total Cash Compensation at Target	  	$	XX	 	 	$	XX	 	 	X	%
		
	 	  	 	2005 Bi-Weekly Salary = $XXX	 
			
	Stock Options	  	 	X,XXX	 	 	 
 
 	Limited Brands shares
at closing price on
March 31st.	 
 
 
		
	 	  	 	Stock Ownership Guideline : 3 x base salary*	 
	 	  	 	Time to Achieve Guideline:    5 years	 



	*	Guideline for executive positions other than Chairman/CEO (5x base salary) and Vice Chairman/COO (4x base salary). 

  
 Your 2005 base salary will be effective April 3, 2005, and will be reflected in your April
15, 2005 paycheck. You will receive more information regarding your 2005 stock-based awards later this spring. 
  
 Thank you for your contributions to the company during 2004. 
  

	cc:	Associate Personnel File 

  
 This statement is for informational purposes only. It does not guarantee employment or any specific compensation level. Stock-based awards will be pursuant to the company’s 1993 Stock Option and Performance
Incentive Plan (Restated 2003).
**Exhibit 31.2****CERTIFICATION**I, Thomas P. Reed, certify that: 1. I have reviewed this Quarterly Report on Form 10-Q of Huntington PreferredCapital, 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,in light of the circumstances under which such statements were made, not misleadingwith respect to the period covered by this report;  3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respects thefinancial condition, results of operations, and cash flows of the registrant as of, andfor, the periods presented in this report;  4. The registrant’s other certifying officers 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 registrant and have: a) designed such disclosure controls and procedures, or causedsuch disclosure controls and procedures to be designed under our supervision,to ensure that material information relating to the registrant, including itsconsolidated subsidiaries, is made known to us by others within those entities,particularly during the period in which this report is being prepared; and  b) evaluated the effectiveness of the registrant’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 registrant’sinternal control over financial reporting that occurred during the registrant’smost recent fiscal quarter that has materially affected, or is reasonablylikely to materially affect, the registrant’s internal control over financialreporting; and 5. The registrant’s other certifying officers and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of registrant’s board of directors (orpersons performing the equivalent functions): a) all significant deficiencies and material weaknesses in thedesign or operation 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 orother employees who have a significant role in the registrant’s internalcontrol over financial reporting.Date:  November 14, 2005         /s/ Thomas P. Reed           Thomas P. Reed, Vice President      (chief financial officer)
Filed by Automated Filing Services Inc. (604) 609-0244 - Infitech Ventures Inc. - Exhibit 10.2




RECEIPT AND ACKNOWLEDGMENT 

TO:         INFITECH VENTURES INC.



I hereby acknowledge receipt of share certificate no. 119 representing
  150,000 shares of INFITECH VENTURES INC. (the “Company”) registered
  in my name. I further acknowledge that the Company is in good standing under
  the Technology Transfer Agreement dated May 6, 2004 between myself and the Company.
  

  

  Acknowledged this 5th day of February, 2005.



/s/ William Ernest Nelson 

  __________________________

   WILLIAM ERNEST NELSON
**Exhibit 10.3**

**MCG Capital Corporation**

**2011 Retention Program**

On August 1, 2011, the Board of Directors of MCG Capital Corporation (“MCG” or the “Company”) approved the MCG CapitalCorporation 2011 Retention Program (the “2011 Retention Program”) for the benefit of the Company’s employees, including one of its named executive officers (but excluding the Company’s (i) President and Chief ExecutiveOfficer, (ii) Executive Vice President and Chief Financial Officer, (iii) Executive Vice President of Business Development and (iv) Senior Vice President, General Counsel and Chief Compliance Officer) (collectively, the “EligibleEmployees”). The 2011 Retention Program is designed to provide Eligible Employees with certain incentives related to their past service and continuing employment with MCG. The 2011 Retention Program consists of an aggregate of (i) $1.3million in cash and (ii) up to 114,750 shares of restricted common stock, $0.01 par value per share, of the Company (the “Common Stock”). 

***Retention Payments***

Under the 2011 Retention Program, each Eligible Employee shallbe awarded a cash payment (each a “2011 Retention Payment”) representing a specified percentage of each such Eligible Employee’s annual cash bonus target for the fiscal year ending December 31, 2011. Each 2011 Retention Paymentshall be paid to each Eligible Employee in two equal installments on each of March 31, 2012 and September 30, 2012, subject to continued employment with MCG. 

***Restricted Stock Awards***

Additionally, pursuant to the 2011 Retention Program,certain Eligible Employees shall be awarded shares of restricted Common Stock under the MCG Capital Corporation 2006 Employee Restricted Stock Plan, as amended (each, a “2011 Retention Stock Award”). The forfeiture provisions with respectto 50% of the shares of restricted Common Stock subject to each 2011 Retention Stock Award shall lapse on each of March 31, 2012 and September 30, 2012. 

The Compensation Committee of the Board of Directors recommended for approval, and the Board of Directors of the Company approved, the specific dollar amount of each 2011 Retention Payment and the numberof shares of restricted Common Stock constituting each 2011 Retention Stock Award for the Eligible Employees.