alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Michigan Supreme Court 

# Order

Lansing, Michigan

September 24, 2008 Clifford W. Taylor,
Chief Justice

136377 Michael F. Cavanag h

Elizabeth A. Weave r Marilyn Kell y Maura D. Corriga n Robert P. Young, Jr. SELFLUBE, INC., Stephen J. Markman, Plaintiff, J ustices

v SC: 136377 COA: 261743 Kent CC: 03-005407-CK JJMT, INC., and JAMES A. DEHAAN,Defendants/CrossDefendants/Fourth-Party Defendants-Appellees, and

ACTION INDUSTRIAL SUPPLY COMPANY,Defendant/Cross-Plaintiff/ThirdParty Plaintiff,

v

H.S. DIE & ENGINEERING, INC., Third-Party Defendant/Fourth

- Party Plaintiff-Appellant, and

THOMAS WOOD, Defendant.

________________ _________________________/

On order of the Court, the applicati on for leave to appeal the March 25, 2008 judgment of the Court of Appeals is consid ered, and it is GRANTED. The parties shall include among the issues to be briefed: (1) whether the circumstance s of the instant case are meaningfully distinguishable from those before this Court in State Treasurer v Abbott, 468 Mich 143 (2003), a nd whether, in light of any such distinguishing circumstances, the permanent injunction’s requi rements — including that any transfer of

funds from defendant James DeHa an’s interest in defendant H.S. Die & Engineering, Inc.’s (“HSD”) 401(k) plan ma y be made only to a financial institution sele cted by HSD

— are prohibited by 29 USC 1056(d)(1), ERIS A’s anti-alienation provision; (2) whether DaimlerChrysler Corp v Cox , 447 F3d 967 (CA 6, 2006), should affect this Court’s analysis of this case; and (3) whether the permanent inj unction is contrary to, and_______________________________________ __ 2

preempted by, 29 USC 1104(a)(1)(D), which pr ovides that “a fiduc iary [of an ERISA

qualified plan] shall discharge its duties with respect to a plan so lely in the interests of the participants and beneficiaries and ... in acco rdance with the documents and instruments governing the plan.”

The AARP, the Michigan Association fo r Justice, the Michigan Defense Trial Counsel, Inc., the Michigan Chamber of Commerce and th e American Bar Association Joint Committee on Employee Benefits are invite d to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.

s0917 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.

September 24, 2008

Clerk
Exhibit








Exhibit 10.41


STAPLES, INC.
EXECUTIVE LIFE INSURANCE PLANS
SUMMARY OF PROVISIONS


BONUS LIFE PLAN


		
	1.
	This plan covers certain executive officers of Staples who enrolled at the time the plan was offered historically.


		
	2.
	On a pre-retirement basis, the death benefit is equal to 3 times current annual base salary, with the participant’s salary amount frozen as of December 31, 2016.


		
	3.
	On a post-retirement basis following 10 years of service, Staples will continue to provide a death benefit equal to 3 times annual base salary (at the time of separation of service), with the participant’s salary amount frozen as of December 31, 2016.


		
	4.
	Alternatively, a participant can elect survivorship (or second-to-die) coverage under the Plan with a death benefit up to the maximum amount that can be obtained on a cost-neutral basis to the Staples.


		
	5.
	Staples reimburses participants for premium payments related to this plan. Staples also provides a gross-up payment which is intended to cover the income taxes on the premium payment reimbursement.








DEATH BENEFIT ONLY PLAN


		
	1.
	This plan covers all other executive officers of Staples whose employment commenced prior to January 1, 2017, except for Mr. Matyas.


		
	2.
	On a pre-retirement basis, the death benefit is equal to three (3) times current annual base salary, with the participant’s salary amount frozen as of December 31, 2016.


		
	3.
	On a post-retirement basis following certain age and service milestones, Staples will continue to provide a death benefit equal to two (2) times current annual base salary, with the participant’s salary amount frozen as of December 31, 2016.


		
	4.
	The cost for this coverage is free, and non-taxable, to the participant.


		
	5.
	The death benefit under the plan is taxable to the beneficiary. Staples also provides a gross-up payment which is intended to cover the income taxes on the death benefit payment.





















EXECUTIVE BASIC LIFE INSURANCE


		
	1.
	This plan covers certain executives of Staples Canada and Mr. Matyas. 


		
	2.
	On a pre-retirement basis, the death benefit is equal to 3 times current annual base salary, up to a maximum of $1,500,000. Evidence of insurability via a Health Statement Form is required for coverage beyond $950,000. 


		
	3.
	Coverage is terminated upon termination or retirement from Staples, whichever is earlier.


		
	4.
	The cost for this coverage is a taxable benefit to the participant and is deducted from the executive’s pay through payroll deduction.


		
	5.
	The death benefit payable under the plan is non-taxable to the beneficiary.
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

________________________ No. 95-3255

________________________ DAVID M. ARMSTRONG, L. BENSON BARGER, WALLACE D. BLACK, HOWARD BROOKS, JERRY A. BUDD, SONJA M. CARTER, DOMINICK C. CIZER, CAROL D. CLARK-ILEY, CHARLES H. DAVIS, KENNETH O. GIESSUEBEL, HEROLD P. GLASER, ROBERT A. HAVLISH, KUMAR HINDUJA, JOSEPH C. JETT, GLENN E. JOHNSON, ROBERT C. LERCHE, CALVIN N. LIGHTNER, GEORGE W. MCGUIRK, JAMES W. MCLEAN, WILLIAM G. MURPHY, DONALD L. PRASKY, CLARK C. RAINS, KENNETH A. RICHARDS, RUSSELL G. ROBERTS, LINDA L. RYAN, VICTOR W. SHAW, LINTON W. SMITH, MICHAEL SYLVESTRI, MARLON K. TARTER, DELBERT S. TURNER, EDWARD W. WALSH, JOSEPH W. WILLIAMSON, Plaintiffs-Appellants, CONSTANTINO A. BARBITTA, JAMES R. BAXTER, ROBERT D. BIGGS, JAMES H. BLACK, RICK L. BORDNER, RODMOND M. COOKSON, DAVID B. POOL, ROGER A. PURCELL, RAMA S. SINGH, CHARLES M. SMITH, ROBERT G. SWANSON, WILLIAM F. WALDROP, KENNETH E. WELCH, Plaintiffs,

versus MARTIN MARIETTA CORP., MARTIN MARIETTA TECHNOLOGIES, INC., Defendants-Appellees.

------------------------ Appeal from the United States District Court for the Middle District of Florida

------------------------ (February 18, 1997) Before HATCHETT, Chief Judge, TJOFLAT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges.2 B Y T H E C O U R T : A member of this court in active service having requested a poll on the appellees' Suggestion of Hearing En Banc and a majority of the judges in this court in active service having voted in favor thereof, IT IS ORDERED that the above cause shall be heard by this court sitting en banc.
Exhibit
      31.2


**CERTIFICATIONS**





I,
      Douglas J. Beck, certify that:





1)
      I have
      reviewed this amended quarterly report on Form 10-QSB/A of Lev Pharmaceuticals,
      Inc.; and





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.





Date:
                August 27, 2007
            
            /s/
                Douglas J. BeckDouglas
                J. BeckChief
                Financial Officer
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
September 30, 2003 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:  November 13, 2003



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.
Exhibit 15

January 14, 2003


The Board of Directors and Shareholders
Emmis Communications Corporation and Subsidiaries

We are aware of the incorporation by reference in the Registration Statements on
Form S-8 (Nos. 33-83890, 333-14657, 333-42878, 333-71904 and 333-92318) of Emmis
Communications   Corporation   and  the   incorporation   by  reference  in  the
Registration  Statement  on Form S-3  (No.  333-62172)  of Emmis  Communications
Corporation and Emmis Operating  Company  (collectively,  "Emmis") of our report
dated January 3, 2003 relating to the unaudited condensed  consolidated  interim
financial  statements of Emmis  Communications  Corporation  and Emmis Operating
Company that are included in Emmis' Form 10-Q for the quarter ended November 30,
2002.  Pursuant to Rule 436(c) of the  Securities  Act of 1933 our report is not
part of the registration  statement  prepared or certified by accountants within
the meaning of Section 7 or 11 of the Securities Act of 1933. It should be noted
that we have not performed any procedures subsequent to January 3, 2003.

Very truly yours,



/s/ ERNST & YOUNG LLP
---------------------
ERNST & YOUNG LLP
<PAGE>

                                                                     Exhibit 21

           SIGNIFICANT SUBSIDIARIES OF PRINTRAK INTERNATIONAL INC.


As of March 31, 1997, Printrak International Inc. (the "Company") had one 
subsidiary, Printrak Limited. On May 7, 1997, the Company acquired TFP Inc., 
a South Carolina corporation, which became a wholly-owned subsidiary of the 
Company. On September 9, 1997, SunRise Imaging, a California corporation, was 
acquired and became a wholly owned subsidiary of the Company. On December 10, 
1997, the Company established Printrak International PTYLTD, in Australia, as 
a wholly-owned subsidiary of the Company.
**EXHIBIT 23.1**

 

CONSENT OF INDEPENDENT ACCOUNTANTS

 

We hereby consent to the incorporation by reference in theRegistration Statements on Form S-3 (Nos. 333-38079, 333-49295, 333-49433, 333-60785, 333-61474, 333-62748, 333-65735, 333-65793, 333-72681, 333-80735, 333-86797, and 333-85660) and Form S-8 (Nos. 333-20329, 333-68520, 333-79623, and 333-97045) ofPrentiss Properties Trust of our report dated February 12, 2003 relating to the financial statements and financial statement schedule, which appears in this Form 10-K. 

 

PricewaterhouseCoopers LLP 

 

Dallas, Texas 

March 25, 2003
EXHIBIT 31.1

                            CERTIFICATION PURSUANT TO
                  SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, R. B.Harris, certify that:

1. I have reviewed this quarterly  report on Form 10-QSB/A of Sales  Strategies,
Inc.;

2.  Based on my  knowledge,  this  annual  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 annual
report;

3.  Based  on my  knowledge,  the  financial  statements,  and  other  financial
information  included  in this annual  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 annual 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-14 and 15d-14) for the registrant and we have:

a) designed  such  disclosure  controls and  procedures  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 annual report is being prepared;

b) evaluated  the  effectiveness  of the  registrant's  disclosure  controls and
procedures  as of a date  within 90 days prior to the filing date of this annual
report (the "Evaluation Date"); and

c) presented in this quarterly report our conclusions about the effectiveness of
the  disclosure  controls  and  procedures  based  on our  evaluation  as of the
Evaluation Date;

5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation,  to the registrant's auditors and the audit committee of
registrant's board of directors:

a) all significant  deficiencies in the design or operation of internal controls
which  could  adversely  affect the  registrant's  ability  to record,  process,
summarize and report  financial data and have  identified  for the  registrant's
auditors any material weaknesses in internal controls; and

b) any  fraud,  whether  or not  material,  that  involves  management  or other
employees who have a significant role in the registrant's internal controls; and

6. The  registrant's  other  certifying  officers  and I have  indicated in this
annual report whether or not there were significant changes in internal controls
or in other factors that could significantly affect internal controls subsequent
to the date of our most recent evaluation, including any corrective actions with
regard to significant deficiencies and material weaknesses.

Date: September 22, 2003                 /s/ R. B. Harris
                                         -----------------------
                                         R. B. Harris
                                         President/ CEO/Director
Exhibit 23.2
  CONSENT
    OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
  No. 333-147925 Form S-8 Form 10-K
Exhibit 31.1





Certification Pursuant to 18 U.S.C. Section 1350, As Adopted Pursuant to

Section 302 of The Sarbanes-Oxley Act of 2002



I, Robert J. Thompson, the Chief Executive Officer of Cal Bay International, Inc. (the Company), certify that:



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



3. Based on my knowledge, the financial statements, and other financial information included in this 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 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-14 and 15d-14) for the registrant and we have:



a) designed such disclosure controls and procedures 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 as of a date within 90 days prior to the filing date of this quarterly report (the Evaluation Date); and



c) presented in this annual report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date;



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



a) all significant deficiencies in the design or operation of internal controls which could adversely affect the registrants ability to record, process, summarize and report financial data and have identified for the registrant's auditors any material weaknesses in internal controls; and



b) any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal controls; and



6. The registrants other certifying officers and I have indicated in this report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.





Date: November 10, 2004

/s/ Robert J. Thompson

Robert J. Thompson

Chief Executive Officer
<PAGE>
 
                                                                      EXHIBIT 23


                        Consent of Independent Auditors
                        -------------------------------
                                        

The Board of Directors
MeriStar Hospitality Corporation


We consent to the incorporation by reference in the registration statement (No.
333-60463) on Form S-8 (MeriStar Hospitality Corporation Incentive Plan), the
registration statement (No. 333-60465) on Form S-8 (MeriStar Hospitality
Corporation Non-employee Directors' Incentive Plan), and the registration
statement (No. 333-66229) on Form S-3 (for a shelf registration to register
shares for certain operating partnership unitholders) of our reports on the
consolidated balance sheets of MeriStar Hospitality Corporation and subsidiaries
as of December 31, 1998 and 1997 and the related consolidated statements of
operations, stockholders' equity and partners' capital, and cash flows for each
of the years in the three-year period ended December 31, 1998, included herein.


KPMG LLP

Washington, D.C.
March 1, 1999
II

104TH CONGRESS

1ST SESSION S. 37

To terminate the Extremely Low Frequency Communication System of the

Navy.

IN THE SENATE OF THE UNITED STATES

JANUARY 4, 1995

Mr. FEINGOLD (for himself and Mr. KOHL) introduced the following bill;

which was read twice and referred to the Committee on Armed Services

A BILL

To terminate the Extremely Low Frequency Communication

System of the Navy.

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 cited as the ‘‘Extremely Low Fre5 quency Communication System Termination and Deficit

6 Reduction Act of 1995’’.
2

•S 37 IS

1 SEC. 2. PROHIBITION OF FURTHER FUNDING OF THE EX2 TREMELY LOW FREQUENCY COMMUNICA3 TION SYSTEM.

4 (a) PROHIBITION ON USE OF FUNDS.—Except as

5 provided in subsection (b), funds appropriated on or after

6 the date of the enactment of this Act to or for the use

7 of the Department of Defense may not be obligated or ex8 pended for the Extremely Low Frequency Communication

9 System of the Navy.

10 (b) LIMITED EXCEPTION FOR TERMINATION

11 COSTS.—Subsection (a) does not apply to expenditures

12 solely for termination of the Extremely Low Frequency

13 Communication System.

Æ
----

----

|   | (1) | the      Company’s Quarterly Report on Form 10-Q for the period ended March 30,      2008 fully complies with the requirements of Section 13(a) or 15(d), as      applicable, of the Securities Exchange Act of 1934, as amended,      and |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

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

|                          |                               |                                       |
|-------------------------------|------------------------------------|--------------------------------------------|
|                          | PAPERWEIGHT      DEVELOPMENT CORP. |
|                          |                               |                                       |
| Dated:      May 12, 2008 |                               |        /s/ Thomas J. Ferree           |
|                          | Name:                              | Thomas      J. Ferree                      |
|                          | Title:                             | Chief      Financial Officer and Treasurer |
<PAGE>

                                                                    Exhibit 99.5

                                   Statement

     Pursuant to (S)906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. (S)1350,
the $100,000 undersigned officer of WTA Inc. (the "Company"), hereby certifies
that:

     (9)  the Company's Quarterly Report on Form 10-Q for the quarter ended June
          30, 2002 fully complies with the requirements of Section 13(a) or
          15(d), as applicable, of the Securities Exchange Act of 1934, and

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


Dated:  August 13, 2002


                                          /s/ David J. Rickert
                                          ------------------------------------
                                          Name:  David J. Rickert
                                          Title: President (Principal Executive
                                                 Officer and Principal Financial
                                                 Officer)
[Federal Register Volume 89, Number 24 (Monday, February 5, 2024)]
[Notices]
[Page 7703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02191]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 5679-041]


Energy Stream, LLC; Notice of Reasonable Period of Time for Water 
Quality Certification Application

    On January 24, 2024, the Connecticut Department of Energy and 
Environmental Protection (Connecticut DEEP) submitted to the Federal 
Energy Regulatory Commission (Commission) notice that it received a 
complete request for a Clean Water Act section 401(a)(1) water quality 
certification from Energy Stream, LLC, in conjunction with the above 
captioned project on January 11, 2024. Pursuant to section 4.34(b)(5) 
of the Commission's regulations,\1\ we hereby notify Connecticut DEEP 
of the following:
---------------------------------------------------------------------------

    \1\ 18 CFR 4.34(b)(5).
---------------------------------------------------------------------------

    Date of Receipt of the Certification Request: January 11, 2024.
    Reasonable Period of Time to Act on the Certification Request: One 
year, January 11, 2025.
    If Connecticut DEEP fails or refuses to act on the water quality 
certification request on or before the above date, then the certifying 
authority is deemed waived pursuant to section 401(a)(1) of the Clean 
Water Act, 33 U.S.C. 1341(a)(1).

    Dated: January 30, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024-02191 Filed 2-2-24; 8:45 am]
BILLING CODE 6717-01-P