alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Joseph M. RUMMLER et al., Relators, v. Tom REAVLEY, Secretary of State, Respondent.

No. A-6032.

Supreme Court of Texas.

Sept. 14, 1956.

Rehearing Denied Sept. 25, 1956.

John Lee Smith, Lubbock, Wm. Yelder-man, Austin, Fleming & Russell, Austin (on motion for rehearing) for relators.

No attorney for respondent.

PER CURIAM.

Joseph M. Rummler and Mrs. J. E. Fried-richs, as chairman and secretary, respectively, of the State Executive Committee of the Constitution Party of Texas, have filed with this court a motion for leave to file a petition for mandamus directing and compelling Honorable Tom Reavley, Secretary of State, to certify to the proper election officials the name of W. Lee O'Daniel as the nominee of the Constitution Party of Texas to the office of Governor of Texas. The petition for mandamus which accompanies the motion alleges that the Constitution Party is a duly organized and recognized political party in the State of Texas, and that W. Lee O’Daniel has been regularly nominated by that party for the office of Governor of the’State of Texas. It further discloses that W. Lee O’Daniel was a candidate for the Democratic nomination to that office at the Democratic primary election on July 28, 1956, at which election he was eliminated from the contest, and that, therefore, his name was not on the runoff primary election held on August 25, 1956. It further alleged that W. Lee O’Daniel did not vote in the August 25 primary, but that prior to that date he had repudiated the Democratic party, and had foresworn allegiance and fealty thereto. There is no allegation that the relators did not vote in the runoff primary.

Upon the authority of Westerman v. Mims, 111 Tex. 29, 227 S.W. 178, the motion will be denied. While there are some slight differences in the fact situations involved in the two cases, yet the principle upon which that case was decided is clearly applicable to, and must, therefore, govern in the instant case. Having been a candidate in the Democratic primary election on July 28, and having voted in that primary and asserted that he was a member of that party, Mr. O’Daniel assumed the high moral obligation to support the nominee of the Democratic party for Governor in 1956, regardless of whether a second primary was or was not necessary. No *639such high moral obligation, was imposed upon Weatherly or thirty-four petitioners seeking to have his name certified in Weatherly v. Fulgham, 153 Tex. 481, 271 S.W.2d 938, the principal authority relied upon by petitioners in this case.

The motion is denied.
exhibit 32







FORM OF SECTION 906 CERTIFICATIONS



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 Amended Quarterly report of CareDecision Corporation (the "Company") on Form 10-QSB/A for the period ending September 30, 2003, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Robert Cox, President/CEO, of the Company, certify to the best of my knowledge, 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/ Robert Cox

Robert Cox

President/CEO

February 8, 2005





A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement 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.

1











FORM OF SECTION 906 CERTIFICATIONS



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 Amended Quarterly report of CareDecision Corporation (the "Company") on Form 10-QSB/A for the period ending September 30, 2003, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Keith Berman, Treasurer/CFO, of the Company, certify to the best of my knowledge, 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/ Keith Berman

Keith Berman

Treasurer/CFO

February 8, 2005





A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement 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.

2
* Pursuant to 5TH CIR . R. 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 . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED November 28, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-41198 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus ENRIQUE EUGENIO-SALVADOR, also known as Jose

Hernandez-Ramirez, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:04-CR-174

-------------------- Before JOLLY, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM: * Enrique Eugenio-Salvador (Eugenio) appeals from the sentence imposed following his guilty plea to illegal reentry. He argues for the first time on appeal that his Texas conviction for unlawful restraint did not constitute a “crime of violence” for purposes of a U.S.S.G. § 2L1.2(b)(1)(A)(ii)(2004) enhancement. Our review is for plain error only. See United States v. Villegas , 404 F.3d 355, 358 (2005). The 16-level enhancement is to be made only if the prior offense is a violation of a statute thatNo. 05-41198 -2- has as an element “the use, attempted use, or threatened use of physical force against the person of another.” United States v. Calderon-Pena , 383 F.3d 254, 255 (5th Cir. 2004) (en banc). The Texas unlawful restraint statute provides for the commission of the offense in a number of different ways, some of which do not require the use, attempted use, or threatened use of physical force against

a person . See TEX . PENAL CODE ANN. §§ 20.01 & 20.02 (Vernon 1995). Because the Texas statute does not require that such use of force be proved as an element of the offense, the district court plainly erred in assigning the 16-level enhancement. See Calderon-Pena , 383 F.3d at 259-61; United States v. Garza-Lopez , 410 F.3d 268, 275 (5th Cir.), cert. denied, 126 S. Ct. 298 (2005). This error affected his substantial rights and affected the fairness and integrity of the judicial proceedings. See Garza-Lopez , 410 F.3d at 275. Accordingly, Eugenio’s sentence is VACATED, and the case is REMANDED for resentencing.
NTN
Buzztime, Inc. Executive Incentive Plan for Eligible Employees of NTN Buzztime, Inc. 


Fiscal
Year 2016


 


AMENDMENT
1


 


The
NTN Buzztime, Inc. Executive Incentive Plan for Eligible Employees of NTN Buzztime, Inc. Fiscal Year 2016 (the “Plan”)
is hereby amended, effective March 10, 2017, as follows:


 


Section
4(3). Target Payout


 


Section
4(3) of the Plan is deleted in its entirety and replaced with the following:


 


Each
Participant will have a Target Payout, assigned by his/her position and job level, and will be paid, at the discretion and in
the sole determination of the Committee, in either (i) cash, (ii) shares of the Company’s common stock (“Shares”)
issued under the NTN Buzztime, Inc. Amended 2010 Performance Incentive Plan (as amended from time to time, the “2010 PIP”),
or any successor long-term incentive plan, or (iii) any combination of (i) and (ii), and expressed as a percentage of his/her
annual base salary, excluding benefits, as of December 31, 2016. If a Target Payout is settled in Shares, the value of such Shares
at the time of settlement shall not when combined with any cash paid to settle such Target Payout exceed the maximum amount of
such Target Payout. The Target Payout amount will be adjusted when warranted pursuant to Sections 5 and 6.


 


Section
5. Payout Dates and Taxes.


 


The
paragraph with the heading “Payout Date(s)” in Section 5 of the Plan is deleted in its entirety and replaced with
the following:


 


Payout
Date(s): Subject to Section 8, and provided all the of prerequisites to earning incentive compensation are met pursuant to Section
4, the Target Payout will be paid in accordance with Section 4(3) within 30 days after receipt of the independent auditor’s
report on Buzztime’s annual financial statements for 2016, but no later than March 15, 2017.


 


The
following sentence is added at the end of the paragraph with the heading “Taxes” in Section 5:


 


Deductions
from a payout in the form of Shares shall be governed by the 2010 PIP and the applicable grant documentation, if any.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY

2000 TRAVERWOOD DRIVE

ANN ARBOR, MI 48105

- 2498

OFFICE OF

AIR AND RADIATION

January 3, 2014

MEMORANDUM

SUBJECT: Meeting with AFPM R egarding Tier 3

FROM: Paul Machiele, Director

Fuels Center, ASD, OTAQ

T O: EPA Docket # EPA

- HQ

- OAR

- 2009

- 0472

This me mo documents a meeting held on Thursday, December 19, 2013, between representatives

of the American Fuel and Petrochemical Manufact urers (AFPM) an d EPA to discuss EPA’s

proposed Tier 3 gasoline sulfur program. An attendance list is attached.

The discussion topics included

 80 ppm cap

 PBMS testing provisions

 Concern over January 1, 2017 start date

- Project timelines, long lead time i tem, permitting, turnaround schedules

- Uncertainty in relying on early credits

- Uncertainty about not knowing what the final rulemaking will contain.ATTACHMENT

Meeting with American Fuel and Petrochemical Manufacturers

December 19, 2013, 3:15

- 4:15pm

Subje ct: Tier 3

Attendees:

EPA in D.C.

Christopher Grundler

Paul Argyropoulos

EPA in Ann Arbor, MI by video

Paul Machiele

Bill Charmley

AFPM in D.C.

Janice Rayburn, BP

John Reese, Shell

Tim Hogan, AFPM

AFPM in Ann Arbor, MI by video

Fred W alas, Marathon

Marla Benyshek, Phillips 66

AFPM by Conference Call (those intending to participate)

CITGO/Judy Higgerson , CITGO

Elisabeth Vrahopoulou, ExxonMobil

Rita Hardy, Flint Hills Resources

Steve Moyer, HollyFrontier

Karl Bartholomew, I CIS Consulting

Cindy Millett, Irving Oil

Mike Leister, Marathon Petroleum

Jeff Nichols, Stancil & Co. (consultant)

Derek Regal, Tesoro

John Braeutigam, Valero

Vance Kopp, Weaver (consultant)

Neil Gunn, Western Refining

Robert Panchak, Wyn newood Refining
## Gener**al Electr** **onic AmeriCorps	Application** 

**All AmeriCorps applicants, including AmeriCorps NCCC Team Leader applicants, complete the below online application**  **, available at https://my.americorps.gov/mp/login.do**  **. Co**  **mpleting the above form sends the following automated email to the listed reference’s email address:**

Dear REFERENCEFIRSTNAME REFERENCELASTNAME : AmeriCorps engages more than 70,000 Americans each year in results - driven service opportunities sponsored by thousands of local and national non - profits, public agencies, and faith - based community organizations. APPLICANTFIRSTNAME APPLICANTLASTNAME is applying to be an AmeriCorps memb er. The applicant indicated that you would be able to evaluate his or her qualifications and provide us with a candid recommendation. The success of AmeriCorps largely depends upon an appropriate match between programs and members. Considerable value is placed on personal references during the application review and selection process. To complete a reference form for this applicant, please click on the link provided below. http://my.americorps.gov/ ... Thank you for taking the time to fill out the AmeriCorps reference form. Your input is greatly appreciated. Please do not reply to this message. If you have any questions or need further assistance please call 1 - 800 - 942 - 2677. ***PLEASE DO NOT REPLY TO THIS MESSAGE*****When the reference clicks on the link in the above email, it brings them to the page for completing the**

**reference form within the My AmeriCorps Portal.**

## AmeriCorps	NCCC	T **eam	Leader	Supplemental	Questions AmeriCorps NCCC Team Leader**  **applicants complete the below online questions when submitting their general AmeriCorps application (above) to an AmeriCorps NCCC Team Leader position posting:**
Exhibit 32.4



Statement



Pursuant to §906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. §1350, the undersigned officer of Paperweight Development Corp. (the
Company), hereby certifies that to his knowledge:



| | (1) | the Companys Quarterly Report on Form 10-Q for the quarter ended July 3, 2005 fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                       |  |  |  |  |  |                               |  |                        
|---------------------- |  |  |  |  |  | ----------------------------- |  | -----------------------
|                       |  |  |  |  |  | PAPERWEIGHT DEVELOPMENT CORP.
|Dated: August 15, 2005 |  |  |  |  |  |                              
|                       |  |  |  | 
|                       |  |  |  |  |  |                               |  | /s/     DALE E. PARKER 
|                       |  |  |  |  |  | Name:                         |  | Dale E. Parker         
|                       |  |  |  |  |  | Title:                        |  | Chief Financial Officer



This certification accompanies this
Quarterly Report on Form 10-Q pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes of the Securities Exchange Act of 1934.
Exhibit 10.42



 EXHIBIT 10.42 

SUMMARY OF ATHERSYS, INC. 
 2017
CASH BONUS INCENTIVE PLAN 
 On January 11, 2017, the Board of Directors of Athersys, Inc. (the “Company”), based upon the recommendation of
the Compensation Committee of the Board of Directors of the Company, approved a cash bonus incentive plan (the “Plan”) for the year ended December 31, 2017 for the named executive officers of the Company. The Plan provides that each
participant is eligible to earn a bonus during the award term of January 1, 2017 through December 31, 2017. The Plan provides for the following target bonus percentages of the named executive officer’s salary during the award term,
weighted as set forth below on the achievement of specified corporate goals, with the remainder based on individual/functional performance. The corporate goals include advancing the Company’s clinical programs for MultiStem, executing against
the established operating plan and capital acquisition objectives, and advancement of strategic partnership and program activities. There is no formally adopted plan document for the Plan. 

 

									
	 Title
	  	Target
Bonus	 	 	Weighting on
Corporate Goals	 
	 Chief Executive Officer
	  	 	60	% 	 	 	100	% 
	 President & Chief Operating Officer
	  	 	45	% 	 	 	80	% 
	 Executive Vice President & Chief Scientific Officer
	  	 	45	% 	 	 	80	% 
	 Senior Vice President of Finance
	  	 	35	% 	 	 	60	%
UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON , DC

R.L.S. Rental Company, Inc,. dlb/a Mizzou Aviation



### v. City ofJoplin, Missouri Complainant, FAA Docket No. 16-13

- 06

Respondent.

NOTICE OF EXTENSION OF 

### TIME
This matter is before the Federal Aviation Administration (FAA) based on the above-referenced complaint, filed in accordance with FAA Rules of Practice for Federall y -AssistedAirport Enforcement Proceedings , J 4 CFR Part 16. Pursuant to 14 CFR Part 16, subpart B , the date by which the Director's Determination will be issued in this matter is hereby extended to January 14, 2016. An extension oftime is necessary and appropriate for a fair and complete determination in this case. 

# /';A - 3 --{

# 0 DateCERTIFICATE OF SERVICE
I HEREBY CERTIFY that on December 3, 2015 , I caused to be placed in the United States mail (first class mail, postage paid) a true copy ofthe Notice ofExtension ofTime addressed to: Counsel for Complainant: Shelley A. Ewalt McBreen & Kopko 500 North Broadway Jericho , NY 11753 Respondent: Mr. Peter Edwards 602 South Main Street Joplin, MO 64801 Copy to: FAA Part 16 Airport Proceedings Docket, A GC-61 0 FAA Airport Compliance and Field Operations , AC0-100

Claudia Roberts
.. _ Office ofAirport Compliance

and Management Analysis
**EXHIBIT 32.1**

 

*CHIEF EXECUTIVE OFFICERCERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350*

 

Inconnection with the Quarterly Report of MedicalCV, Inc. (the “Company”) on Form10-QSB for the quarterly period ended July 31, 2003, as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I, BlairP. Mowery, President and Chief Executive Officer of the Company, certify,pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)                                  the Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of1934; and

 

(2)                                  the information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 

 
| Dated: | September 15,  2003 |   | By     | /s/ Blair P. Mowery                   |
|--------|--------------------------|--------|--------|---------------------------------------|
|   |                     |   |   | Blair P. Mowery                       |
|   |                     |   |   | President and Chief Executive Officer |

 

1

----
**Exhibit
      32.2**





**Certification
      of Principal Financial Officer Regarding Periodic Report Containing**


**Financial
      Statements pursuant to 18 U.S.C. 1350 as adopted pursuant to**


**Section
      906** **of
      the Sarbanes-Oxley Act of 2002**





I,
      Bruce
      W. Elder, the Principal Financial Officer of Crescent Financial Corporation,
      in
      compliance with 18 U.S.C Section 1350, as adopted pursuant to Section 906 of
      the
      Sarbanes-Oxley Act of 2002, hereby certify that, (i) the Form 10-Q filed by
      Crescent Financial Corporation (the "Issuer") for the quarter ended March 31,
      2007, fully complies with the requirements of Section 13(a) or 15(d) of the
      Securities Exchange Act of 1934, and (ii) the information contained in that
      report fairly presents, in all material respects, the financial condition and
      results of operations of the Issuer on the dates and for the periods presented
      therein.


Date:
              May 8, 2007
            By:
            /s/
              Bruce W. ElderBruce
                W. Elder
              Principal
                Financial Officer
About SM&A




---



##### 



Media Contact
 Investor Contact
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY

2000 TRAVERWOOD DRIVE

ANN ARBOR, MI 48105-2498

 OFFICE OF

AIR AND RADIATION

January 3, 2014

MEMORANDUM

SUBJECT: Meeting with AFPM Regarding Tier 3

FROM: Paul Machiele, Director

 Fuels Center, ASD, OTAQ

TO: EPA Docket # EPA-HQ-OAR-2009-0472

This memo documents a meeting held on Thursday, December 19, 2013, between representatives 

of the American Fuel and Petrochemical Manufacturers (AFPM) and EPA to discuss EPA’s 

proposed Tier 3 gasoline sulfur program. An attendance list is attached. 

The discussion topics included

 80 ppm cap

 PBMS testing provisions

 Concern over January 1, 2017 start date

- Project timelines, long lead time item, permitting, turnaround schedules

- Uncertainty in relying on early credits

- Uncertainty about not knowing what the final rulemaking will contain.
ATTACHMENT

Meeting with American Fuel and Petrochemical Manufacturers

December 19, 2013, 3:15-4:15pm

Subject: Tier 3

Attendees:

EPA in D.C.

Christopher Grundler

Paul Argyropoulos

EPA in Ann Arbor, MI by video

Paul Machiele

Bill Charmley

AFPM in D.C.

Janice Rayburn, BP

John Reese, Shell

Tim Hogan, AFPM

AFPM in Ann Arbor, MI by video

Fred Walas, Marathon

Marla Benyshek, Phillips 66

AFPM by Conference Call (those intending to participate)

CITGO/Judy Higgerson , CITGO

Elisabeth Vrahopoulou, ExxonMobil

Rita Hardy, Flint Hills Resources

Steve Moyer, HollyFrontier

Karl Bartholomew, ICIS Consulting

Cindy Millett, Irving Oil 

Mike Leister, Marathon Petroleum

Jeff Nichols, Stancil & Co. (consultant)

Derek Regal, Tesoro

John Braeutigam, Valero

Vance Kopp, Weaver (consultant)

Neil Gunn, Western Refining 

Robert Panchak, Wynnewood Refining
EXHIBIT 32.2

                            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 Annual  Report on Form 10-K/A of Travis Boats & Motors,
Inc. (the  "Company")  for the year ended  September 30, 2003, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Michael
B. Perrine,  Chief  Financial  Officer,  Secretary and Treasurer of the Company,
certify,  to my best  knowledge and belief,  pursuant to 18 U.S.C.  ss. 1350, as
adopted  pursuant to ss. 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 (15  U.S.C.  78m(a)  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.

/s/ Michael B. Perrine
Michael B. Perrine, Chief Financial Officer, Secretary and Treasurer
Signed January 20, 2005, effective as of January 13, 2004