alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Freddy L. WAMBACH, Plaintiff-Appellant, v. NORTH CAROLINA DEPARTMENT OF REVENUE; Michael F. Easley; Roy Cooper, Defendants-Appellees.

No. 02-6849.

United States Court of Appeals, Fourth Circuit.

Submitted July 25, 2002.

Decided Aug. 2, 2002.

Freddy- L. Wambach, Appellant Pro Se.

*559Before WILKINS, MOTZ, and TRAXLER, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

PER CURIAM.

Freddy L. Wambach, a North Carolina inmate, appeals the district court’s order dismissing his 42 U.S.C.A. § 1983 (West Supp.2002) complaint under 28 U.S.C.A. § 1915(e)(2)(B) (West Supp.2002). We have reviewed the record and the district court’s opinion accepting the magistrate judge’s recommendation and find that this appeal is frivolous. Accordingly, we dismiss the appeal on the reasoning of the district court. *See Wambach v. North Carolina Dep’t of Revenue,*No. CA-01-972-1 (M.D.N.C. May 1, 2002). 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.*
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 21
-0645 STATE OF MONTANA,

Plaintiff and Appellee, v. JUNE LEE WOLVERINE,

Defendant and Appellant.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including September 26, 2022, within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

August 19 2022

08/19/2022

Case Number: DA 21-0645
#### Maurico MORALES, Appellant, v. The STATE of Texas, Appellee.

No. 36050.

Court of Criminal Appeals of Texas.

Oct. 30, 1963

No attorney on appeal for appellant.

' Frank Briscoe, Dist. Atty., Carl E. F. Dally, James C. Brouch, and Theodore P. Busch, Asst. Dist. Attys., Houston, and Leon B. Douglas, State’s Atty., Austin, for the State.

BELCHER, Commissioner.

This is an appeal from an order revoking probation.

Upon his plea of guilty before the court on May 24, 1960, the appellant was found guilty of burglary and his punishment was assessed at a term of three years. Sentence was pronounced and probation granted.

Among the conditions of his probation was that he commit no offense against the laws of this State.

On March S, 1963, the attorney for the State in Harris County filed an amended motion to revoke probation alleging that on or about July 30, 1962, the appellant committed the offense of felony theft and two offenses of burglary.

On the hearing of the motion, the evidence of the State reveals that in response to a burglary call, the officers apprehended the appellant and another person seated in an automobile parked beside the burglarized buildings. In the automobile the officers found a television set, cigarettes, and a coin box containing some money which were shown to have been stolen from the buildings. The proof shows that the television set had a value of more than fifty dollars.

Testifying in his own behalf, the appellant admitted the prior conviction and' his probation as alleged, and also that he was seated in the car when the officers-arrived. He denied any knowledge of the burglaries or of the stolen property in the car. He further testified that he had’ taken the other person who was the owner of the car for a walk because he was drunk, and they had just returned to the car when apprehended.

*889From a consideration of the evidence introduced on the hearing, it is concluded that the trial court did not abuse its discretion in revoking the order granting the appellant probation. Soliz v. State, Tex.Cr.App., 350 S.W.2d 566; Erwin v. State, Tex.Cr.App., 355 S.W.2d 524.

The judgment is affirmed.

Opinion approved by the Court.
<PAGE>

                                                                      Exhibit 21

                          Subsidiaries of the Company

 .  The Company owns 100% of the capital stock of the Springfield Institution for
   Savings d/b/a SIS Bank, a Massachusetts chartered stock savings bank (SIS
   Bank) and 100% of the capital stock of the Glastonbury Bank & Trust Company
   d/b/a GBT, a Connecticut chartered commercial bank (GBT).

 .  The Company also owns, through GBT, 100% of the capital stock of GBT
   Insurance Group, Inc., a Connecticut corporation, which is included in the
   Company's consolidated financial statements.

 .  The Company also owns through SIS Bank, 100% of the capital stock of each of
   the following subsidiaries, all of which are Massachusetts corporations
   (unless otherwise indicated) and all of which are included in the Company's
   consolidated financial statements:
        (1) Commerce Properties, Inc.
        (2) Properties Two, Inc. (Connecticut corporation)
        (3) Village Park Properties, Inc. (Georgia corporation)
        (4) SIS Investment Corporation
        (5) SIS Investment Corporation II
        (6) Sherman Street Corporation
        (7) SIS Center, Inc.
        (8) Newgate Corporation
        (9) Colebrook Corporation
        (10) Colebrook-Leominster, Inc.
        (11) Overlook, Inc.

 .  The Company also owns 100% of the capital stock of each of the following
   subsidiaries through SIS Bank and Colebrook Corporation, all of which are
   Massachusetts corporations (unless otherwise indicated) and all of which are
   included in the Company's consolidated financial statements:
        (1) Colebrook Realty Services, Inc.
        (2) Colebrook-Diamond, Inc.
        (3) Colebrook-Riverdale Corporation
        (4) Colebrook/Westor, Corp.

 .  In addition, the Company owns, either directly or through the wholly owned
   subsidiaries of SIS Bank and Colebrook Corporation specified below, the
   percentage interest in the partnership or corporation set forth opposite each
   such wholly owned subsidiary.

<TABLE>
<CAPTION>

   Subsidiary                             Partnership or Corporation Owned             Percentage Interest
   ----------                             --------------------------------             -------------------
   <S>                                    <C>                                          <C>
   (1) Newgate Corporation                Hillman Associates                           100% general partnership
                                          Partnership #4

                                          Wiljon Partnership                           50% general partnership

   (2) Colebrook/Westor Corp.             Westor Corporation                           50% stockholder

   (3) Overlook, Inc.                     Chester Commons                              99% limited partnership

   (4) Sherman Street Corporation         Van Der Hayden                               1% general partnership
</TABLE>
II

104TH CONGRESS

1ST SESSION S. 455

To clarify the procedures for consultation under the Endangered Species

Act on management plans for, and specific activities on, Federal lands,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 16 (legislative day, JANUARY 30), 1995

Mr. KEMPTHORNE (for himself and Mr. CRAIG) introduced the following bill;

which was read twice and referred to the Committee on Environment and

Public Works

A BILL

To clarify the procedures for consultation under the Endangered Species Act on management plans for, and specific

activities on, Federal lands, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be referred to as the ‘‘Consultation

5 Clarification Act’’.

6 SEC. 2. CLARIFICATION.

7 Notwithstanding any other provision of law, whenever

8 the listing of a species, or other procedure or decision re9 lated to a species listed under section 4(c)(1) of the En-
2

S 455 IS

1 dangered Species Act of 1973 (16 U.S.C. 1533(c)(1)), re2 quires consultation under section 7 of such Act (16 U.S.C.

3 1536) on a resource management plan, or an amendment

4 thereto or revision thereof, prepared pursuant to 43

5 U.S.C. 1712 or 16 U.S.C. 1604, any action as defined

6 in subsection (a)(2) of such section 7 which is consistent

7 with such plan may be undertaken on such lands prior

8 to the completion of such consultation if, pursuant to the

9 consultation procedures of such section 7, and related reg10 ulations, the land management agency responsible for

11 such action determines or has determined that such ac12 tion—

13 (1) is not likely to affect such species; or

14 (2) is not likely to adversely affect such species,

15 and the Secretary of the Interior or Secretary of

16 Commerce, as appropriate, concurs; or

17 (3) is likely to adversely affect such species, and

18 the appropriate Secretary issues a biological opinion

19 on such action which finds that the action either (i)

20 is not likely to jeopardize such species or result in

21 destruction or adverse modification of its critical

22 habitat, or (ii) is unlikely to jeopardize such species

23 or result in destruction or adverse modification of its

24 critical habitat and the land management agency
3

S 455 IS

1 agrees to a reasonable and prudent alternative to

2 such action.

Æ
Exhibit 32.2



Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



In connection with the annual report on Form 10-K of MeriStar Hospitality
Corporation (the Registrant) for the year ended December 31, 2005, as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned hereby certifies, in the capacity as indicated
below and pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 Registrant.
| | -- | -------------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |  |  |  |  |                           |  |                                                                           
|-------------------- |  |  |  |  |  | ------------------------- |  | --------------------------------------------------------------------------
|                     |  |  | 
|Date: March 15, 2006 |  |  |  |  |  | /s/     Donald D. Olinger
|                     |  |  |  |  |  |                           |  | Donald D. Olinger Chief Financial Officer MeriStar
Hospitality Corporation
Exhibit








December 31, 2016




Re:    Renewal of Amended and Restated Retention Agreement
Dear David:
This letter is to serve as your notification that Ply Gem Industries, Inc. has elected to execute its Renewal Term right under your current Amended and Restated Retention Agreement dated December 31, 2008 for a period of one year.  As such, all applicable rights and terms as outlined in your Amended and Restated Retention Agreement will remain in effect through December 31, 2017.
Please sign this letter in the space provided below as your acknowledgment and agreement of this Renewal Term agreement and return this original to me, and retain a copy for your own records.


	
		
	 
	Sincerely,

	 
	 

	 
	PLY GEM INDUSTRIES, INC.

	 
	 

	 
	By:  /s/ Gary E. Robinette

	 
	Name:  Gary E. Robinette

	 
	Title:  President and Chief Executive Officer

	 
	 

	 
	 

	 
	 

	Acknowledged and Agreed:
	 

	 
	 

	 
	 

	/s/ David N. Schmoll
	 

	David N. Schmoll
##### 



Exhibit 32.2
 Certification of the Chief Financial Officer
Pursuant to 18 U.S.C. Section 1350,
As Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
  (1)
    
    The Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and(2)
    
    The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
  /s/ Pamela J. CraigPamela J. CraigChief Financial Officer of Accenture
Ltd,
General Partner of Accenture SCA
(principal financial officer) 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 required by Section 906, has been provided
to the Company and will be retained by the Company and furnished to the Securities and Exchange
Commission or its staff upon request.
EX-10.01



 Exhibit 10.01 
  

 
 



 
  

	To:	Tom Barker 


	From:	West Corporation Compensation Committee 


	Date:	March 13, 2017 

  

	Re:	Exhibit A 

 This Exhibit A is delivered pursuant to your Employment Agreement and sets forth your 2017
base salary and incentive compensation applicable to your position as Chief Executive Officer for West Corporation. 
  

	 	1.	Your base salary for 2017 is $1,000,000 effective January 1, 2017. 

  

	 	2.	Effective January 1, 2017, you will be eligible to receive an annual incentive based upon West Corporation’s publicly reported consolidated revenue (“Revenue”), weighted at 20%, and publicly reported
Adjusted Earnings per Share from Continuing Operations – Diluted (“Adjusted EPS”), weighted at 80%, in each case, as adjusted pursuant to Section 3 below and subject to the cap set forth below. All calculations will be based on
2017 fiscal year results. Your incentive will be calculated as follows based upon an annual target incentive of $1,300,000: 

 Component
1: Incentive payout grid based on Revenue 
  

													
	 Revenue (In Mil$)
	 	  	Total 
% of Target
Incentive Factor	 	 	% of Target
Incentive Paid
(20% Weighting)	 	 	 
	$	 2,450.0	 	  	 	200	% 	 	 	40.0	% 	 	Maximum
	$	 2,376.4	 	  	 	125	% 	 	 	25.0	% 	 	
	$	 2,339.0	 	  	 	100	% 	 	 	20.0	% 	 	Target
	$	 2,301.0	 	  	 	65	% 	 	 	13.0	% 	 	
	$	 2,100.0	 	  	 	0	% 	 	 	0.0	% 	 	Threshold

 For the incentive payout based on Revenue, the amount paid will be extrapolated as needed between revenue range points to
the nearest tenth percent. 







 Component 2: Incentive payout grid based on Adjusted EPS 

 

													
	 Adjusted EPS
	 	  	Total 
% of Target 
Incentive Factor	 	 	% of Target 
Incentive Paid
(80% Weighting)	 	 	 
	$	3.10	 	  	 	200	% 	 	 	160.0	% 	 	Maximum
	$	3.02	 	  	 	125	% 	 	 	100.0	% 	 	
	$	2.91	 	  	 	100	% 	 	 	80.0	% 	 	Target
	$	2.79	 	  	 	65	% 	 	 	52.0	% 	 	
	$	2.72	 	  	 	0	% 	 	 	0.0	% 	 	Threshold

 For each $.01 of Adjusted EPS: 

From $3.02 to $3.10, additional 7.5000% in % of Target Incentive Paid. 

From $2.91 to $3.02, additional 1.8182% in % of Target Incentive Paid. 

From $2.79 to $2.91, additional 2.3333% in % of Target Incentive Paid. 

From $2.72 to $2.79, additional 7.4286% in % of Target Incentive Paid. 

The maximum total incentive which may be earned pursuant to this Section 2 is $2,600,000 in the aggregate. 

 

	 	3.	For 2017 incentive calculations, Revenue and Adjusted EPS will be adjusted up or down to reflect the average foreign exchange rates for 2016. All metrics are based on West Corporation’s and its affiliates’
consolidated operations. Financial results arising from extraordinary items, mergers, acquisitions, and joint ventures completed during 2017 may be included in the incentive calculation on a case by case basis, as determined by the Compensation
Committee. Any resulting adjustment to Adjusted EPS will apply the same rounding conventions used for publicly reported Adjusted EPS. 

  

	 	4.	100% of the incentive earned will be paid annually, no later than March 15, 2018. 

  

	
	/s/ Tom Barker
	Employee – Tom Barker



  
 2
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Justice

###### Antitrust Division

                    Notice is hereby given that, on January 10, 2024, pursuant to section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301*et seq.*                     (“the Act”), Cooperative Research Group Permian Basin Consortium—Phase III has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing (1) the identities of the parties to the venture and (2) the nature and objectives of the venture. The notifications were filed for the purpose of invoking the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances.                

Pursuant to section 6(b) of the Act, the identities of the parties to the venture are: Marathon Oil Company, Houston, TX; and Diamondback E&P LLC, Midland, TX.

                    The general area of Permian Basin Consortium—Phase III's planned activities will involve building on research conducted in Phases 1 and 2 of the consortium, with continued analysis of deformation and mechanical stratigraphy in Permian strata exposed in and around the Permian Basin of Texas and New Mexico. Planned activity involves intensive data collection and quantitative analysis of systematic fracture networks and associated deformation related to lithostratigraphy and mechanical stratigraphy. This work will develop datasets and predictive relationships based on outcrop and core, that can be used to inform predictive models of fracturing in the Permian Basin. Subsurface investigations include numerical geomechanical modeling of deformation related to tectonic activity and hydraulic fracturing within                           ( print page 8246)                        productive and potentially productive portions of the Permian Basin.                

Suzanne Morris,

Deputy Director Civil Enforcement Operations, Antitrust Division.

[FR Doc. 2024-02279 Filed 2-5-24; 8:45 am]

BILLING CODE P
**CERTIFICATIONS**


**CERTIFICATE
      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 of Phlo Corporation and Subsidiaries (the
      "Company") the Company on Form 10-KSB for the fiscal year ended March 31, 2007
      as filed with the Securities and Exchange Commission on the date hereof (the
      "Report"), I, James B. Hovis, Chief Executive Officer, certify, pursuant to
      18
      U.S.C. 1350, as adopted pursuant to 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 operations of the Company.




Date:
        July 13, 2007
  /s/
                  James B. Hovis
                James
                  B. Hovis
                Chief
                  Executive Officer
                Principal
                  Financial Officer
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Securities and Exchange Commission

# TIME AND DATE: 

2:00 p.m. on Thursday, February 1, 2024.

# PLACE: 

The meeting will be held via remote means and/or at the Commission's headquarters, 100 F Street NE, Washington, DC 20549.

# STATUS: 

This meeting will be closed to the public.

# MATTERS TO BE CONSIDERED: 

Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the closed meeting. Certain staff members who have an interest in the matters also may be present.

                        In the event that the time, date, or location of this meeting changes, an announcement of the change, along with the new time, date, and/or place of the meeting will be posted on the Commission's website at                         *https://www.sec.gov.*

                        The General Counsel of the Commission, or her designee, has certified that, in her opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR 200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10), permit consideration of the scheduled matters at the closed meeting.                              ( print page 5589)    

The subject matter of the closed meeting will consist of the following topics:

Institution and settlement of injunctive actions; Institution and settlement of administrative proceedings; Resolution of litigation claims; and Other matters relating to examinations and enforcement proceedings.

At times, changes in Commission priorities require alterations in the scheduling of meeting agenda items that may consist of adjudicatory, examination, litigation, or regulatory matters.

# CONTACT PERSON FOR MORE INFORMATION: 

For further information; please contact Vanessa A. Countryman from the Office of the Secretary at (202) 551-5400.

*Authority:*5 U.S.C. 552b.                    

Dated: January 25, 2024.

J. Matthew DeLesDernier,

Deputy Secretary.

[FR Doc. 2024-01786 Filed 1-25-24; 4:15 pm]

BILLING CODE 8011-01-P
# Materials Not Included in **Airworthiness Directive (AD) Docket**

Docket Number: FAA- 2011 - 0567 Directorate Identifier: 2010NM272AD

767 - 57 - 0121 IN 01 --- 3/3/11

Name/Description of Item(s) Not Included in FDMS Docket and Maintained in the Supplemental AD Docket 

### MA **Y BE VIEWED AT:** Federal Aviation Administration

Transport Airplane Directorate Rules Docket 1601 Lind Ave. SW., Renton, WA 98057 425.227.1221 **DURING THE HOURS OF:** 9 a.m. and 3 p.m., Monday through Friday, except Federal holidays. Form Date: 03/05/2008