alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### PIKE COUNTY et al., Appellants, v. Mitchell PRESTON et al., Appellees.

Court of Appeals of Kentucky.

April 18, 1958.

Kelsey E. Friend, Pikeville, for appellants.

Wine & Venters, Hinton & May, L. D. May, Pikeville, for appellees.

STANLEY, Commissioner.

We sustain the motion of Pike County for an appeal from a judgment for $630' in favor of the appellee, Mitchell Preston,, dba Preston Building and Supply Company. The judgment also went against the National Surety Corporation. It appears that it has paid $315 of the judgment. It is not a party to the appeal.

The allegations in a multiple action by-Preston and others against Harve T. Mer-riman, Pike County Fiscal Court, and other-defendants are that the county had entered into a contract with Merriman for the-construction of a health center building? at a cost of $165,562, with the National Surety Corporation as surety on his bond;, that shortly after the work was begun,, Merriman defaulted and the surety company entered into a contract with Preston to take over and complete the job; and that the building was completed and the cost thereof fully paid. The pertinent part of Preston’s complaint is that he and the Surety Corporation had agreed in. writing that his bid was subject to a provision (evidenced by a letter written to-the company when the bid was submitted) that Preston would be entitled to the benefit of the work which had been done by Merriman and should have “all materials, and equipment that is on the job.” These-materials and equipment, worth $630, it is. alleged, were in the custody of Merriman and the Surety Corporation and were never-delivered to Preston. An amended complaint alleges that the material and labor were furnished and performed by the plaintiff at the request of Pike County and its. authorized agents and that the county got the benefit thereof. Issue was joined and. the case tried by the court.

The court did not file a statement of its. finding of fact or conclusion of law as required by CR 52.01. There may be some-evidence in the interrogatories that would tend to show that Pike County officials had agreed that Preston should have the material and equipment which he did not get. It; *631is stipulated that the records of the fiscal court show only that the contract for the' construction of the building was authorized and that payment had been made in full. We think it readily apparent that the complaint did not state a cause of action against the county.

The appellee does not undertake to defend the judgment and has expressly stated he would file no brief in the case.

The judgment is accordingly reversed with directions to dismiss the complaint as to Pike County.
Exhibit 32.2


            CERTIFICATION OF CHIEF FINANCIAL OFFICER

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

     The undersigned executive officer of PFS Bancorp, Inc. (the "Registrant")
hereby certifies that the Registrant's Form 10-QSB for the period ended March
31, 2004 fully complies with the requirements of Section 13(a) of the
Securities Exchange Act of 1934 and that the information contained therein
fairly presents, in all material respects, the financial condition and results
of operations of the Registrant.

                                 /s/Stuart M. Suggs
                                 -------------------------
                                 Name:   Stuart M. Suggs
                                 Title:  Chief Financial Officer

Date:  May 14, 2004



A signed original of this written statement required by Section 906 has been
provided to PFS Bancorp, Inc. and will be retained by PFS Bancorp, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF IRVINE APARTMENT COMMUNITIES, INC. FOR THE NINE MONTHS
ENDED SEPTEMBER 30, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                           7,564
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                       1,011,920
<DEPRECIATION>                                 212,347
<TOTAL-ASSETS>                                 886,865
<CURRENT-LIABILITIES>                                0
<BONDS>                                        538,756
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           185
<OTHER-SE>                                     179,747
<TOTAL-LIABILITY-AND-EQUITY>                   886,865
<SALES>                                              0
<TOTAL-REVENUES>                               116,736
<CGS>                                                0
<TOTAL-COSTS>                                   58,588
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              22,378
<INCOME-PRETAX>                                 28,905
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             13,148
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    13,148
<EPS-PRIMARY>                                      .75
<EPS-DILUTED>                                      .75
        

</TABLE>
CERTIFICATIONS

                                                                    EXHIBIT 31.1

     I, Daniel Veilleux, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of EmergenSys
Corporation.

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;

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
registrant as of, and for, the periods presented in this quarterly report;

4. The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant 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 registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this quarterly report is being prepared;

(b) Evaluated the effectiveness of the registrant'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 registrant's internal control
over financial reporting that occurred during the period covered by this
quarterly report that has materially affected, or is reasonably likely to
materially affect, the registrant's internal control over financial reporting;
and

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

(a) All significant deficiencies and material weakness in the design or
operation of internal control over financial reporting which are reasonably
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 other
employees who have a significant role in the registrant's internal control over
financial reporting.

     Date: May 21, 2004                    /s/ Daniel Veilleux
                                           --------------------------
                                           Daniel Veilleux
                                           Principal Executive Officer
EXHIBIT 23.1



We consent to the incorporation by reference in this Annual Report (Form 10-K)
of Diamond Home Services, Inc. of our report dated February 21, 1997, included
in the 1996 Annual Report to Shareholders of Diamond Home Services, Inc.

We also consent to the incorporation by reference in the Registration Statement
(Form S-8 No. 333-13381) pertaining to the Diamond Home Services, Inc. Incentive
Option Plan and the Diamond Home Services, Inc. 1996 Nonemployee Director Stock
Option Plan of Diamond Home Services, Inc. of our report dated February 21,
1997, with respect to the consolidated financial statements of Diamond Home
Services, Inc. included in the Annual Report (Form 10-K) for the year ended
December 31, 1996.

                                                      Ernst & Young LLP

                                                      /s/ Ernst & Young LLP
Chicago, Illinois
March 31, 1997
Exhibit 32.2



Certification of Chief 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 Vice President and Secretary 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 June 30, 2005, 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: August 11, 2005 |  | By: |  | /s/ Bruce W. Elder                                       
|                      |  |     |  | Bruce W. Elder                                           
|                      |  |     |  | Vice President and Secretary, Principal Financial Officer



- 35 -
<PAGE>   1
                                                                  Exhibit 5.1
                         [LATHAM & WATKINS LETTERHEAD]

                                October 28, 1996







Candlewood Hotel Company, Inc.
Lakepoint Office Park
9342 East Central
Wichita, Kansas  67206

         Re:      Registration Statement on Form S-1
                  4,427,500 Shares of Common Stock   
                  --------------------------------

Ladies and Gentlemen:

                  In connection with the registration of 4,427,500 shares of
Common Stock, par value $.01 per share (the "Shares"), of Candlewood Hotel
Company, Inc., a Delaware corporation (the "Company"), under the Securities Act
of 1933, as amended (the "Act"), by the Company on Form S-1 filed with the
Securities and Exchange Commission (the "Commission") on September 13, 1996
(File No. 333-12021), as amended by Amendment No. 1 filed with the Commission on
October 17, 1996 and Amendment No. 2 to be filed with the Commission on October
30, 1996 (collectively, the "Registration Statement"), you have requested our
opinion with respect to the matters set forth below.

                  In our capacity as your counsel in connection with such
registration, we are familiar with the proceedings taken and proposed to be
taken by the Company in connection with the authorization, issuance and sale of
the Shares, and for the purposes of this opinion, have assumed such proceedings
will be timely completed in the manner presently proposed. In addition, we have
made such legal and factual examinations and inquiries, including an examination
of originals or copies certified or otherwise identified to our satisfaction of
such documents, corporate records and instruments, as we have deemed necessary
or appropriate for purposes of this opinion.
<PAGE>   2
Candlewood Hotel Company, Inc.
October 28, 1996
Page 2


                  In our examination, we have assumed the genuineness of all
signatures, the authenticity of all documents submitted to us as originals, and
the conformity to authentic original documents of all documents submitted to us
as copies.

                  We are opining herein as to the effect on the subject
transaction only of the General Corporation Law of the State of Delaware, and we
express no opinion with respect to the applicability thereto, or the effect
thereon, of the laws of any other jurisdiction or as to any matters of municipal
law or the laws of any other local agencies within the State of Delaware.

                  Subject to the foregoing, it is our opinion that as of the
date hereof the Shares have been duly authorized, and, upon issuance, delivery
and payment therefor in the manner contemplated by the Registration Statement,
will be validly issued, fully paid and nonassessable.

                  We consent to your filing this opinion as an exhibit to the
Registration Statement and to the reference to our firm contained under the
heading "Legal Matters."


                                                     Very truly yours,


                                                     LATHAM & WATKINS
EXHIBIT 32.2

CERTIFICATION

In connection with the Annual Report of EP MedSystems, Inc. (the Company)
on Form 10-K for the period ended December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, based on his knowledge, hereby certifies, 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 results of operation of the Company.
|-- | ---------------------------------------------------------------------------------------------------------------------------------------------------

Date: April 29, 2008

/s/ James J.
Caruso

James J. Caruso

Chief Financial Officer

(Principal Financial Officer)



25
<PAGE>
                                                                   EXHIBIT 24.13



                               POWER OF ATTORNEY


The undersigned director and/or officer of Karrington Health, Inc. (the
"Company"), does hereby constitute and appoint Richard R. Slager and Thomas
J. Klimback, or either of them, my true and lawful attorneys and agents, each
with full power of substitution, to do any and all acts and things in my name
and on my behalf in my capacity as a director of the Company and to execute
any and all instruments for me and in my name in the capacity indicated
above, which said attorneys or agents, or either of them, may deem necessary
or advisable to enable the Company to comply with the Securities Exchange Act
of 1934, as amended, and any rules, regulations and requirements of the
Securities and Exchange Commission thereunder, in connection with the filing
requirements of the Company's Annual Report on Form 10-K for the fiscal year
ended December 31, 1997 (the "1997 Form 10-K"), including specifically but
without limitation, power and authority to sign for me in my name, in the
capacity indicated above, the 1997 Form 10-K and any and all amendments to
such 1997 Form 10-K; and I do hereby ratify and confirm all that the said
attorneys and agents, or their substitute or substitutes, or either of them,
shall do or cause to be done by virtue hereof.

                                        /s/ ROBERT D. WALTER
                                        Robert D. Walter
                                        Director
First Amendment to Supplemental Benefit Restoration Plan



 Exhibit 10.6 
 FIRST AMENDMENT 
 TO
THE  
 LEVI STRAUSS & CO.
SUPPLEMENTAL BENEFIT RESTORATION PLAN 

WHEREAS, LEVI STRAUSS & CO. (“LS&Co.”) maintains the Levi Strauss & Co. Supplemental Benefit
Restoration Plan, amended and restated effective as of January 1, 2005 (the “Plan”), to provide benefits to a select group of management and highly compensated employees; and 

WHEREAS, pursuant to Section 9.1 of the Plan, the Board of Directors of LS&Co. is authorized to amend the Plan at any
time and for any reason; and 
 WHEREAS, LS&Co. desires to amend the Plan to cease benefit accruals for all Plan
participants effective as of May 31, 2011; and 
 WHEREAS, by resolutions duly adopted on June 22, 2000, the
Board of Directors of LS&Co. authorized the President and Chief Executive Officer to take certain actions with respect to the Plan; and 
 WHEREAS, the amendments herein are within the delegated authority of John Anderson. 
 NOW THEREFORE BE IT RESOLVED, effective as of May 31, 2011, the Plan is hereby amended in the following respects: 

 

	 	1.	The following sentence is hereby added to the end of Section 1.1 to read as follows: 


“Effective May 31, 2011, the Company amended the Plan to freeze benefit accruals under the Plan for all Eligible
Employees.” 
  

	 	2.	The following sentence is hereby added to Section 2.4 to read as follows: 


“Notwithstanding the foregoing, no Participant shall accrue any additional Benefits under the Plan on or after
June 1, 2011.” 
  

	 	3.	The following sentence is hereby added to Section 2.12 to read as follows: 


“Notwithstanding the foregoing, no Eligible Employee shall become a Participant under the Plan on or after
June 1, 2011.” 
  

	 	4.	The following sentence is hereby added to Section 3.1 to read as follows: 


“Notwithstanding the foregoing, no Eligible Employee shall become a Participant under the Plan on or after
June 1, 2011.” 







 5. The following sentence is hereby added to the introduction of Section 4 to read as
follows: 
 “Notwithstanding the foregoing, no Participant shall accrue any additional Benefits under the
Plan on or after June 1, 2011.” 
 * * * 
 IN WITNESS WHEREOF, the undersigned has caused this Amendment to be executed this 19th day of May, 2011. 

 

			
	LEVI STRAUSS & CO.
		
	By:	 	/s/ John Anderson
		 	 John Anderson
 President and
Chief Executive Officer




  
 2
cers-ex107_598.htm



Exhibit 10.7

 

Execution Copy

 

This Amendment #4 (this “Amendment”) to that certain Supply and Manufacturing Agreement, dated March 1, 2008, by and between Cerus Corporation (“Cerus”) and Porex Corporation (“Porex”), as amended on November 28, 2012, December 23, 2014 and  December 20, 2016 (together, the “Amendments”) (as amended by the Amendments, the “Agreement”), is made effective as of January 31, 2017. Capitalized terms used herein and not otherwise defined shall have the meanings set forth therefor in the Agreement.  

Recitals

WHEREAS, the parties entered into a Letter of Intent on December 1, 2016 (the “Letter of Intent”), which Letter of Intent contemplates entering into a definitive agreement to amend and restate the Agreement on or before December 15, 2016; and  

WHEREAS, the parties are still in the process of negotiating the aforementioned definitive agreement; and  

WHEREAS, the Agreement originally terminated on December 31, 2016 and was extended through January 31, 2017; and  

WHEREAS, the parties desire to amend the Agreement as provided in this Amendment in order to continue to effectively negotiate a mutually agreeable definitive agreement, while maintaining the continuity of manufacture and supply of Products to Cerus; and  

WHEREAS, this Amendment is an amendment of the Agreement pursuant to and within the scope of Section 13.1 of the Agreement.

Amendment

NOW, THEREFORE, in consideration of their mutual promises and intending to be legally bound, the parties agree as follows:

4.Section 12.1 of the Agreement is hereby amended in its entirety to read as follows:

This Supply Agreement will have a term (the “Initial Term”) which will run from the Effective Date through March 3, 2017.

5.Except as modified herein, the provisions of the Agreement shall remain unchanged and in full force and effect.

6.This Amendment may be executed in any number of counterparts, each of which shall be an original, but all of which together shall be deemed to constitute one instrument.

 

Page 1 of 2

 

 



 

The foregoing amendment is hereby executed as of the date first above written.

 


	
 
	
 
	
Cerus Corporation

	
 
	
 
	
 
	
 

	
 
	
 
	
By: 
	
/s/ Chrystal Menard

	
 
	
 
	
 
	
Chrystal Menard

	
 
	
 
	
 
	
Chief Legal Officer and General Counsel

	
 
	
 
	
 
	
 

	
 
	
 
	
Porex Corporation

	
 
	
 
	
 
	
 

	
 
	
 
	
By: 
	
/s/ John C. Lavorato

	
 
	
 
	
 
	
 

	
 
	
 
	
Name: 
	
John C. Lavorato

	
 
	
 
	
 
	
 

	
 
	
 
	
Title: 
	
VP & General Counsel Filtration Group Corporation




 

Page 2 of 2
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 05-6374

LEWIS D. RICKS,

Petitioner - Appellant,

versus

S. K. YOUNG,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern

District of Virginia, at Richmond. James R. Spencer, Chief

District Judge. (CA-04-480)

Submitted: May 12, 2005 Decided: May 18, 2005

Before TRAXLER, KING, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Lewis D. Ricks, Appellant Pro Se. Deana A. Malek, OFFICE OF THE

ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Lewis D. Ricks seeks to appeal the district court’s order

denying relief on his petition filed under 28 U.S.C. § 2254 (2000).

The order is not appealable unless a circuit justice or judge

issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)

(2000). A certificate of appealability will not issue absent “a

substantial showing of the denial of a constitutional right.” 28

U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by

demonstrating that reasonable jurists would find that his

constitutional claims are debatable and that any dispositive

procedural rulings by the district court are also debatable or

wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003);

Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d

676, 683-84 (4th Cir. 2001). We have independently reviewed the

record and conclude that Ricks has not made the requisite showing.

Accordingly, we deny a certificate of appealability and dismiss the

appeal. We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process. 

DISMISSED