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

Lansing, Michigan 

June 8, 2007 Clifford W. Taylor,

 Chief Justice 

132165 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

HARVEY JONES, JR., Robert P. Young, Jr. 

Stephen J. Markman, Plaintiff-Appellee, Justices 

v SC: 132165 

 COA: 260040 
 Wayne CC: 97-738912-NI

ROBERT DUANE RIBBRON,

Defendant, 

and 

SECURA INSURANCE, 

 Garnishee Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the August 17, 2006 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court. 

CORRIGAN, J., dissents and states as follows: 

I dissent from the decision to deny leave to appeal. I would grant leave to appeal 

to consider whether Allen v Cheatum, 351 Mich 585 (1958) remains good law. 

Defendant Secura Insurance sought to avoid liability under the insurance policy 

on the ground that the insured, defendant Robert Ribbron, violated a policy provision 

requiring him to cooperate in the defense of a lawsuit. The Court of Appeals, relying on 

Cheatum, supra at 595, held that in order for Secura to successfully claim 

noncooperation of the insured as a defense, it must show that it was actually prejudiced 

by the noncooperation. As I stated in my dissenting statement in Qarana v North Pointe 

Ins Co, 474 Mich 1015, 1016 (2006), I question the continued validity of Cheatum, 

supra: 

I question the continuing validity of Allen, supra, especially 

following this Court’s decision in Rory [v Continental Ins Co, 473 Mich 

457 (2005)]. Although the Court in Allen held that an insurer must show 
 _________________________________________ 

 

2 

prejudice, the Court did not apply contract principles to reach its conclusion 

and, instead, formulated a rule that was applicable only to insurance 

contracts. This is entirely inconsistent with our recent holding in Rory that 

insurance policies are to be enforced the same as any other contract, 

according to their language, unless they violate the law or unless one of the 

traditional contract defenses such as fraud, duress, waiver, or 

unconscionability are proven. Rory, supra, at 461, 491. It is also 

inconsistent with our holding in Rory that courts do not have the authority 

to modify unambiguous contracts or rebalance the contractual equities 

struck by the parties. Id. at 461. I would thus grant leave to appeal. 

In Rowland v Washtenaw Co Rd Comm, 477 Mich 197 (2007), this Court recently 

overruled cases engrafting an actual prejudice requirement onto MCL 691.1404(1). The 

same principle should apply to insurance contracts. I remain convinced that we should 

grant leave to appeal to address this jurisprudentially significant issue. 

MARKMAN, J., joins the statement of CORRIGAN, J. 

t0605 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

June 8, 2007 

 Clerk
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 129 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 129

To amend the National Labor Relations Act to require the arbitration of 
     initial contract negotiation disputes, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 2011

   Mr. Gene Green of Texas introduced the following bill; which was 
        referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL

 
To amend the National Labor Relations Act to require the arbitration of 
     initial contract negotiation disputes, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Labor Relations First Contract 
Negotiations Act of 2011''.

SEC. 2. INITIAL CONTRACT DISPUTES.

    Section 8 of the National Labor Relations Act (29 U.S.C. 158) is 
amended by adding at the end the following new subsection:
    ``(h)(1) If, not later than 60 days after the certification of a 
new representative of employees for the purpose of collective 
bargaining, the employer of the employees and the representative have 
not reached a collective bargaining agreement with respect to the terms 
and conditions of employment, the employer and the representative shall 
jointly select a mediator to mediate those issues on which the employer 
and the representative cannot agree.
    ``(2) If the employer and the representative are unable to agree 
upon a mediator, either party may request the Federal Mediation and 
Conciliation Service to select a mediator and the Federal Mediation and 
Conciliation Service shall upon the request select a person to serve as 
mediator.
    ``(3) If, not later than 30 days after the date of the selection of 
a mediator under paragraph (1) or (2), the employer and the 
representative have not reached an agreement, the employer or the 
representative may transfer the matters remaining in controversy to the 
Federal Mediation and Conciliation Service for binding arbitration.''.
                                 <all>
```
In the Senate of the United States, 

July 21, 2011. 

Resolved, That the bill from the House of Representatives (H.R. 1383) entitled ‘‘An Act to temporarily preserve 

higher rates for tuition and fees for programs of education 

at non-public institutions of higher learning pursued by individuals enrolled in the Post-9/11 Educational Assistance Program of the Department of Veterans Affairs before the enactment of the Post-9/11 Veterans Educational Assistance Improvements Act of 2010, and for other purposes.’’, do pass 

with the following 

AMENDMENTS: 

1 Ω1æOn page 3, strike lines 10 and 11 and insert the fol2 lowing: 

3 Code, who, since January 4, 2011, has been enrolled 

4 in the same non-public institution of higher learning 

5 in a State in 

6 Ω2æBeginning on page 4, strike line 12 and all that follows 

7 through page 5, line 3, and insert the following: 
2 

† HR 1383 EAS 

1 (a) EXTENSION.—Section 3729(b)(2)(B) of title 38, 

2 United States Code, is amended— 

3 (1) in clause (i)— 

4 (A) by striking ‘‘January 1, 2004’’ and in5 serting ‘‘October 1, 2011’’; and 

6 (B) by striking ‘‘3.00’’ both places it ap7 pears and inserting ‘‘3.30’’; 

8 (2) in clause (ii)— 

9 (A) by striking ‘‘January 1, 2004, and be10 fore October 1, 2011’’ and inserting ‘‘October 

11 1, 2011, and before October 1, 2012’’; and 

12 (B) by striking ‘‘3.30’’ both places it ap13 pears and inserting ‘‘2.80’’; and 

14 (3) in clause (iii), by striking ‘‘October 1, 

15 2011’’ and inserting ‘‘October 1, 2012’’. 

16 (b) EFFECTIVE DATE.—The amendments made by 

17 subsection (a) shall take effect on the later of October 1, 

18 2011, or the date of the enactment of this Act. 

Attest: 

Secretary. 

112TH CONGRESS 

1ST SESSION H.R. 1383 

AMENDMENTS
**EXHIBIT 24.4**

**POWER OF ATTORNEY**

**(Annual Report on Form 10-K)**

The undersigned, an officer and/or director of Electro Scientific Industries, Inc., constitutes and appoints Nicholas Konidaris, Paul Oldham and KerryMustoe, and each of them, his or her true and lawful attorney and agent to do any and all acts and things and execute in his or her name as an officer or director of the Company the Annual Report on Form 10-K for the year ended April 2,2011 and any and all amendments thereto, and to file the same, with all exhibits thereto, and other documents in connection therewith, with the Securities and Exchange Commission; and the undersigned does hereby ratify and confirm all that saidattorneys and agents and each of them shall do or cause to be done by virtue hereof. Any one of said attorneys or agents shall have, and may exercise, all powers conferred. 

Dated: May 23, 2011.
**EXHIBIT 24.4**

**POWER OF ATTORNEY**

**(Annual Report on Form 10-K)**

The undersigned, an officer and/or director of Electro Scientific Industries, Inc., constitutes and appoints Nicholas Konidaris, Paul Oldham and Kerry Mustoe, and eachof them, his or her true and lawful attorney and agent to do any and all acts and things and execute in his or her name as an officer or director of the Company the Annual Report on Form 10-K for the year ended March 29, 2008 and any andall amendments thereto, and to file the same, with all exhibits thereto, and other documents in connection therewith, with the Securities and Exchange Commission; and the undersigned does hereby ratify and confirm all that said attorneys and agentsand each of them shall do or cause to be done by virtue hereof. Any one of said attorneys or agents shall have, and may exercise, all powers conferred. 

Dated: May 15, 2008.
#### Charles Euell GATLIN, Appellant, v. The STATE of Texas, Appellee.

No. 28671.

Court of Criminal Appeals of Texas.

Dec. 12, 1956.

No attorney for appellant of record on appeal.

Leon Douglas, State’s Atty., Austin, for the State.

PER CURIAM.

The offense is driving while intoxicated; the punishment, three days in jail and a fine of $50.

The record on appeal contains no statement of facts or bills of exception. All proceedings appear to be regular, and nothing is presented for review.

The judgment is affirmed.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
FINANCIAL  STATEMENTS  OF INMEDICA  DEVELOPMENT  CORPORATION  FOR THE YEAR ENDED
DECEMBER 31, 1996
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                              DEC-31-1996
<PERIOD-START>                                 JAN-01-1996
<PERIOD-END>                                   DEC-31-1996
<CASH>                                              177586
<SECURITIES>                                             0
<RECEIVABLES>                                       209280
<ALLOWANCES>                                             0
<INVENTORY>                                              0
<CURRENT-ASSETS>                                    409206
<PP&E>                                              254489
<DEPRECIATION>                                     (249761)
<TOTAL-ASSETS>                                      416130
<CURRENT-LIABILITIES>                               106833
<BONDS>                                             372500
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                         114102
<COMMON>                                              7999
<OTHER-SE>                                         (185304) <F1>
<TOTAL-LIABILITY-AND-EQUITY>                        416130
<SALES>                                                  0
<TOTAL-REVENUES>                                    728800
<CGS>                                                    0
<TOTAL-COSTS>                                            0
<OTHER-EXPENSES>                                         0
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                   50140
<INCOME-PRETAX>                                     159381
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                                 159381
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                        159381
<EPS-PRIMARY>                                         0.02
<EPS-DILUTED>                                         0.02
<FN>
<F1>ADDITIONAL PAID IN CAPITAL AND ACCUMULATED DEFICIT
</FN>
        


</TABLE>
<PAGE>


                                                                    EXHIBIT 32.1

                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 Quarterly Report of Printcafe Software, Inc. (the
"Company") for the period ended June 30, 2003 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), we, Marc D. Olin, Chief
Executive Officer of the Company, and Joseph J. Whang, Chief Financial Officer
of the Company, hereby certify, 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, 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.


                                   /s/ Marc D. Olin
                                   -------------------
                                   Marc D. Olin
                                   Chief Executive Officer


                                   /s/ Joseph J. Whang
                                   -------------------
                                   Joseph J. Whang
                                   Chief Financial Officer

Date August 14, 2003


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 Printcafe and will be retained by
Printcafe and furnished to the Securities and Exchange Commission or its staff
upon request.



                                       29
EMPLOYMENT
AGREEMENT AMENDMENT


 


THIS
EMPLOYMENT AGREEMENT AMENDMENT (the “Amendment”) is entered into effective as of December 13, 2016 (the “Effective
Date”), between Rhino GP LLC (“Employer”) and Chad Hunt (“Employee”).


 


W
I T N E S S E T H


 


WHEREAS,
Employee is currently employed by Employer pursuant to an Amended and Restated Employment Agreement dated August 31, 2014 (the
“Prior Agreement”).


 


WHEREAS,
Employer and Employee now desire to amend the Prior Agreement, and have executed this Amendment to evidence the terms of their
agreement.


 


NOW,
THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows:


 


1.
Section 1 of the Prior Agreement is hereby deleted and replaced in its entirety with the following language:


 


“Terms
of Employment. Unless terminated earlier in accordance with the provisions of Section 7, Executive’s employment under
this Agreement shall be effective for a term commencing on the Effective Date and ending on December 31, 2018 (the “Employment
Term”).”


 


2.
All other terms and conditions in the Prior Agreement shall remain unchanged except to the extent specifically modified herein.


 


[SIGNATURE
PAGE TO FOLLOW]


 




    	 



    	 



    

 


IN
WITNESS WHEREOF, the parties hereto have executed and delivered this Agreement as of the day and year first above written.


 


	 	EMPLOYER:
	 	 	 
	 	Rhino GP LLC
	 	 	 
	 	By:	/s/
    Whitney C. Kegley
	 	 	 
	 	EMPLOYEE:
	 	 	 
	 	 	/s/
    Chad Hunt
	 	 	 
	 	 	Chad
    Hunt
Exhibit 23

 

Consent of Independent Registered Public Accounting Firm

 

 

We hereby consent to the incorporation by reference in the Registration Statements on Form S-8 (No.’s 333-61487 and 333-134831) of Norwood Financial Corp. of our reports dated March 10, 2009, relating to the consolidated financial statements and Norwood Financial Corp.’s internal control over financial reporting, which appears in the Annual Report on Form 10-K for the year ended December 31, 2008. 

 

|   | /s/ Beard Miller Company LLP |
|--------|------------------------------|

 

Beard Miller Company LLP

Lancaster, Pennsylvania  

March 10, 2009
**Exhibit 23.1**

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM 

The Board of Directors 

AmericanWest Bancorporation 

We consent to incorporation by reference in theRegistration Statement numbers, 333-101040, 333-95989, 333-72834, 333-65628, 333-65630, and 333-58511, on Forms S-8 of AmericanWest Bancorporation of our report dated March 8, 2006, except for Note 24, as to which the date isJanuary 19, 2007, relating to the consolidated statement of financial condition of AmericanWest Bancorporation and subsidiaries as of December 31, 2005 and 2004, and the related consolidated statements of income, stockholders’ equityand comprehensive income, and cash flows for the three years ended December 31, 2005, and in our same report, with respect to AmericanWest Bancorporation management’s assessment of the effectiveness of internal control over financialreporting and the effectiveness of internal control over financial reporting, which report is included in this amended annual report on Form 10-K/A of AmericanWest Bancorporation for the year ended December 31, 2005. 

/s/    Moss Adams LLP 

Everett, Washington 

January 19, 2007
8040.5 09/2910b

f,4A -2009- 122~

9. Contacts. With whom outside the FAA has this proposal been discussed?

Organization Person Contacted Date Response

National Business Aircr.lft Association Eli Cotti 12/4/09 -

12/15109

Regional Airline Association Dave Lotterer 1214/09 -

12/15/09

Aircraft Owners & Pilots Association Robert Hackman 12/4109 -

12/15/09

ATA Craig Fabian 12/4/09 -

12/15/09

ATA M Lopez 12/4/09 -

12/15109

Boeing Ron Lockhart 12/3/09

Fire Fighting Enterprises Ltd. lan Steel 12/4/09

Av-Ex Aviation Excellence Phil Rogers 12/3/09

Ameron Global Product Support Dave Offill 12/3/09

HRD Aero Systems Inc Brent Silva 12/4/09

FedEx "Bill Williams J2/15/09

Page 1\2-5
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 9
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   1-MO
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                          21,387
<INT-BEARING-DEPOSITS>                           4,632
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     52,434
<INVESTMENTS-CARRYING>                             707
<INVESTMENTS-MARKET>                               699
<LOANS>                                        422,599
<ALLOWANCE>                                      4,349
<TOTAL-ASSETS>                                 527,726
<DEPOSITS>                                     452,899
<SHORT-TERM>                                     7,508
<LIABILITIES-OTHER>                              3,707
<LONG-TERM>                                        690
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        44,471
<OTHER-SE>                                      18,451
<TOTAL-LIABILITIES-AND-EQUITY>                 527,726
<INTEREST-LOAN>                                 39,728
<INTEREST-INVEST>                                3,760
<INTEREST-OTHER>                                   420
<INTEREST-TOTAL>                                43,908
<INTEREST-DEPOSIT>                              14,963
<INTEREST-EXPENSE>                              15,434
<INTEREST-INCOME-NET>                           28,474
<LOAN-LOSSES>                                    1,577
<SECURITIES-GAINS>                                  66
<EXPENSE-OTHER>                                 19,209
<INCOME-PRETAX>                                 13,600
<INCOME-PRE-EXTRAORDINARY>                      13,600
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
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<EPS-BASIC>                                       1.27
<EPS-DILUTED>                                     1.26
<YIELD-ACTUAL>                                    6.17
<LOANS-NON>                                      5,875
<LOANS-PAST>                                       489
<LOANS-TROUBLED>                                     0
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<CHARGE-OFFS>                                    1,248
<RECOVERIES>                                       201
<ALLOWANCE-CLOSE>                                4,349
<ALLOWANCE-DOMESTIC>                             4,349
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
EXHIBIT 32.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                      AS ADOPTED PURSUANT TO SECTION 906 OF
                         THE SARBANES-OXLEY ACT OF 2002

     Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a)
and (b) of Section 1350, Chapter 63 of Title 18, United States Code) each of the
undersigned officer(s) of Accelr8 Technology Corporation, a Colorado corporation
(the "Corporation"), does hereby certify, to such officer's knowledge, that:

     The Annual Report on Form 10-K for the year ended July 31, 2009 (the "Form
10-K") of the Corporation fully complies with the requirements of Section 13(a)
or 15(d) of the Securities Exchange Act of 1934, as amended, and information
contained in the Form 10-K fairly presents, in all material respects, the
financial condition and results of operations of the Corporation.


Date: November 13, 2009                         By:  /s/ Thomas V. Geimer
                                                --------------------------------
                                                Thomas V. Geimer,
                                                Chief Executive Officer,
                                                and Chief Financial Officer
EXHIBIT 32.1

                  CERTIFICATION PURSUANT TO RULE 13a-14(b) and
                            18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                 Section 906 of the Sarbanes-Oxley Act of 2002

     In  connection  with the filing by Wincroft,  Inc.  (the  "Company") of the
Annual  Report  on Form  10-KSB  for the  period  ending  March  31,  2005  (the
"Report"), I, Danny Wettreich,  Chief Executive Officer of the Company, certify,
pursuant  to 18  U.S.C.  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)
               and 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.


                                                        /s/ Danny Wettreich
                                                        -----------------------
                                                        Danny Wettreich
                                                        Chief Executive Officer


Dated: June 13, 2005