alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
This schedule contains summary  information  extracted from the Balance Sheet at
December 31, 1999 and  Statement of Operations  for the year ended  December 31,
1999, and is qualified inits entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER>                  1000

<S>                      <C>
<PERIOD-TYPE>                       12-MOS
<FISCAL-YEAR-END>                 DEC-31-1999
<PERIOD-START>                    JAN-01-1999
<PERIOD-END>                      DEC-31-1999
<CASH>                                  3,701
<SECURITIES>                                0
<RECEIVABLES>                               0
<ALLOWANCES>                                0
<INVENTORY>                                 0
<CURRENT-ASSETS>                            0
<PP&E>                                238,319
<DEPRECIATION>                        (31,162)
<TOTAL-ASSETS>                        214,195
<CURRENT-LIABILITIES>                       0
<BONDS>                               142,000
<PREFERRED-MANDATORY>                       0
<PREFERRED>                                 0
<COMMON>                                    0
<OTHER-SE>                             66,603
<TOTAL-LIABILITY-AND-EQUITY>          214,295
<SALES>                                39,260
<TOTAL-REVENUES>                       39,683
<CGS>                                  14,517
<TOTAL-COSTS>                          14,517
<OTHER-EXPENSES>                       11,439
<LOSS-PROVISION>                            0
<INTEREST-EXPENSE>                      9,083
<INCOME-PRETAX>                         4,644
<INCOME-TAX>                                0
<INCOME-CONTINUING>                     4,644
<DISCONTINUED>                              0
<EXTRAORDINARY>                             0
<CHANGES>                                   0
<NET-INCOME>                            4,644
<EPS-BASIC>                               0
<EPS-DILUTED>                               0



</TABLE>
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

PATRICK BERGSRUD, 

Plaintiff-Appellant, 

 v. 

BANK OF AMERICA, N.A., FKA 

Countrywide Home Loans Servicing LP, as 

Successor by merger to BAC Home Loans 

Servicing, LP; et al., 

Defendants-Appellees.

No. 17-17181 

D.C. No. 2:14-cv-01592-RFB-GWF 

MEMORANDUM*

Appeal from the United States District Court

for the District of Nevada

Richard F. Boulware II, District Judge, Presiding

Submitted December 17, 2018**

Before: WALLACE, SILVERMAN, and McKEOWN, Circuit Judges. 

Patrick Bergsrud appeals from the district court’s summary judgment in his 

diversity action challenging a foreclosure sale. We have jurisdiction under 28 

U.S.C. § 1291. We review de novo. Bourne Valley Court Tr. V. Wells Fargo 

 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

DEC 21 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 17-17181 

Bank, NA, 832 F.3d 1154, 1157 (9th Cir. 2016). We affirm.

The district court properly granted summary judgment for defendant Bank of 

America, N.A. on Bergsrud’s claims to set aside the foreclosure sale and quiet title 

because Bergsrud filed this action after the statute of limitations to challenge 

procedural defects to the sale had run, and assuming without deciding that these 

deadlines were subject to equitable tolling, Bergsrud failed to establish that 

equitable tolling should apply. See Nev. Rev. Stat. § 107.080(5) and (6) (an action 

to void a trustee’s sale must commence within 90 days of the date of the sale, or 

120 days of the date of actual notice of the sale where the person entitled to notice

did not receive proper notice); City of N. Las Vegas v. State Local Gov’t Emp.-

Mgmt. Relations Bd., 261 P.3d 1071, 1077 (Nev. 2011) (standard under Nevada 

law for equitable tolling).

The district court properly granted summary judgment on Bergsrud’s 

wrongful foreclosure claim because Bergsrud failed to raise a genuine dispute of 

material fact as to whether the property was not in default at the time of the 

foreclosure sale. See Collins v. Union Fed. Sav. & Loan Ass’n, 662 P.2d 610, 623 

(1983) (elements of a wrongful foreclosure claim under Nevada law). 

We do not consider matters raised for the first time on appeal, or matters not 

specifically and distinctly raised and argued in the opening brief. See Padgett v. 
3 17-17181 

Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.
[Federal Register Volume 65, Number 204 (Friday, October 20, 2000)]
[Notices]
[Page 63090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27062]


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

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Notice of Intent To Take Land in Trust for the Little Traverse 
Bay Band of Odawa Indians

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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

SUMMARY: The Assistant Secretary--Indian Affairs, United States 
Department of the Interior, made a final agency determination on August 
21, 2000, that the United States will accept the South \1/2\ of the NE 
\1/4\ of Section 2, Township 37 North, Range 5 West, containing 80 
acres, and the East \1/2\ of the NW \1/4\ Section 36, Township 36 
North, Range 6 West, containing 80 acres, Michigan Meridian, Emmet 
County, Michigan, in the name of the United States for the benefit of 
the Little Traverse Bay Bands of Odawa Indians. Notices sent to all 
political entities on August 21, 2000, contained a typographical error 
in the number of acres contained in each tract. The notice should have 
said 80 acres per tract instead of 40 acres. The Little Traverse Bay 
Bands of Odawa Indians is organized pursuant to the Indian 
Reorganization Act of 1934, as amended, and it has been determined that 
this trust acquisition is mandated for the Little Traverse Bay Bands of 
Odawa Indians pursuant to 25 U.S.C. 1300k-4(a). The United States shall 
acquire title no sooner than 30 days after this notice is published. 
This notice is published in accordance with 25 CFR 151.12(b) which was 
published on April 24, 1996 (61 FR 18082).

FOR FURTHER INFORMATION CONTACT: Larry Scrivner, Deputy Director, 
Office of Trust Responsibilities, Bureau of Indian Affairs, Washington, 
DC 20240; 202-208-5831.

    Dated: October 13, 2000.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 00-27062 Filed 10-19-00; 8:45 am]
BILLING CODE 4310-02-P
exv10w8



 








Exhibit 10.8




November 29, 2005




Mr. John W. Bachmann

Edward Jones

12555 Manchester Road

St. Louis, MO 63131-3279




Dear John:




          This will confirm the following agreement relating to the deferral of your director’s fees in
2006.




          1. All director’s fees and retainers (“Fees”) payable to you in connection with your service
on the boards of directors (including committees of such boards) of AMR Corporation and American
Airlines, Inc. for the period January 1, 2006 through December 31, 2006, will be deferred and paid
to you in accordance with this letter agreement.




          2. Fees will be converted to Stock Equivalent Units in accordance with the Directors’ Stock
Equivalent Purchase Plan, a copy of which is attached hereto as Exhibit A (the “Plan”).




          3. On the 30th business day after the date when you cease to be a
Director of AMR
Corporation, the Stock Equivalent Units accrued in 2006 pursuant to the Plan will be converted to
cash and paid to you by multiplying the number of such Stock Equivalent Units by the arithmetic
mean of the high and the low of AMR stock (“fair market value”) during the month when you ceased to
be a Director of AMR Corporation.




          4. In the event of your death, the number of Stock Equivalent Units as of your date of death
will be multiplied by the fair market value of AMR stock during the calendar month immediately
preceding your death, and the amount paid to Katharine Bachmann. The payment contemplated by this
paragraph 4 will be made on the 30th business day following the date of your death.





 









 








          If the foregoing is satisfactory to you, please indicate by signing one of the originals (two
are enclosed) and returning it to me.




Very truly yours,




Charles D. MarLett

Corporate Secretary




Accepted and agreed:




	 	 	 
	/s/ John W. Bachmann
 


	 	 
	John W. Bachmann
	 	 
	 
	 	 
	12/02/2005
 

Date
May 12, 2005


Mr. Scott Tarte
Marlton Technologies, Inc.
2828 Charter Road
Philadelphia, PA 19154

Re:  Employment Agreement dated November 20, 2001

Dear Scott:

      Confirming the actions of the Compensation Committee of the Board of
Directors of Marlton Technologies, Inc. ("Company"):

      Effective January 1, 2005, your annual base salary was increased to
$250,000.

      As described in Note 7 of the Item 11 Summary Compensation Table included
in the Company's Form 10-K/A for the fiscal year ended December 31, 2004, you
have waived (i) your rights to the salary reductions described in Notes 2, 3 and
6 of such Table, and (ii) except as contemplated by Note 4 to such Table, your
entitlement pursuant to your Employment Agreement to parity with Jeffrey Harrow
and Robert B. Ginsburg in salary and bonus for all periods through December 31,
2004.

      The Company shall provide you with reimbursement of life and disability
insurance premiums of up to $9,500 per year.

      The provisions of your Employment Agreement relating to the above subject
matter are superseded by this amendment; otherwise the Employment Agreement
shall remain in full force and effect in accordance with its terms and shall
constitute the legal, valid and binding agreement of the Company.


                                       ---------------------------------
                                       Richard Vague
                                       Chairman of Compensation Committee

Agreed this _____ day of May, 2005.


----------------------------------
           Scott Tarte
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
The notes to the condensed  consolidated  financial  statements  are an integral
part of such statements and the condensed  consolidated financial information in
this schedule. Figures below are in thousands, except per-share data.
</LEGEND>
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   9-MOS
<FISCAL-YEAR-END>                          NOV-28-1997             NOV-28-1997
<PERIOD-END>                               AUG-29-1997             AUG-29-1997
<CASH>                                           7,606                   7,606
<SECURITIES>                                    44,504                  44,504
<RECEIVABLES>                                   95,326                  95,326
<ALLOWANCES>                                     9,433                   9,433
<INVENTORY>                                    116,012                 116,012
<CURRENT-ASSETS>                               289,648                 289,648
<PP&E>                                          82,980                  82,980
<DEPRECIATION>                                  28,964                  28,964
<TOTAL-ASSETS>                                 362,455                 362,455
<CURRENT-LIABILITIES>                          104,530                 104,530
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                        14,237                  14,237
<OTHER-SE>                                     234,892                 234,892
<TOTAL-LIABILITY-AND-EQUITY>                   362,455                 362,455
<SALES>                                        144,463                 417,872
<TOTAL-REVENUES>                               144,463                 417,872
<CGS>                                           90,419                 266,555
<TOTAL-COSTS>                                   90,419                 266,555
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                   285                   1,555
<INTEREST-EXPENSE>                                  70                     151
<INCOME-PRETAX>                                 12,892                  30,382
<INCOME-TAX>                                     4,706                  10,999
<INCOME-CONTINUING>                              8,186                  19,383
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                     8,186                  19,383
<EPS-PRIMARY>                                      .17                     .39
<EPS-DILUTED>                                      .17                     .39
        


</TABLE>
**Exhibit99.7**

**Consentof Independent Registered Public Accounting Firm**

The Board of DirectorsCanadian Superior Energy Inc.

We consent to the use ofour report dated March 31, 2005, with respect to the consolidated statements ofoperations and deficit and cash flows for the year ended December 31, 2004, incorporatedby reference, in this annual report on Form 40-F.  We also consent to the incorporation byreference in the Registration Statement on Form F-3 (No. 333-137035) of ourreport date March 31, 2005.
| /s/ KPMG LLP    |   |
|-----------------|--------|
|            |   |
| Calgary, Canada |   |
| March 30, 2007  |   |

 

----
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 13

- 10744 Summary Calendar

NATHANIEL HOWARD THOMAS , Plaintiff

- Appellant

v.
UNITED STATES OF AMERICA , Defendant

- Appellee

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:12

- CV

- 5

Before REAVLEY, JONES, and PRADO, Circuit Judges

. PER CURIAM: * Nathanial Howard Thomas, former federal prisoner # 07052

- 078 and now Texas prisoner # 1836945 , proceedi ng pro se and in forma pauperis , filed a medical malpractice suit against the United States under the Fe deral Tort Claims Act (FTCA) , 28 U.S.C. § 2671 et seq

. He alleged that the federal prison’s medical staff failed to diagnose or treat his glaucoma , which resulted in blindness in one eye an d partial blindness in the other. State law controls the

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED May 2, 2014 Lyle W. Cayce Clerk Case: 13-10744 Document: 00512616699 Page: 1 Date Filed: 05/02/2014No. 13

- 10744

liability for medical malpractice under the FTCA. Ayers v. United States , 750 F.2d 449, 452 n.1 (5th Cir. 1985). Under Texas law, a medical

- malpractice plaintiff must prove : (1) the physician’s duty to act according to an applicable standard of care, (2) a breach of that standard of care, (3) injury, and (4)
causation

. Quijano v. United States , 325 F.3d 564, 567 (5th Cir. 2003). E xpert testimony is generally required to prove the applicable standard of care. Id. An e xpert is not necessary where “the m ode or form of treatment is a matter of common knowledge or is within the experience of the layman.” Hood v. Phillips , 554 S.W.2d 160, 165

- 66 (Tex. 1977). The district court granted summary judgment against Thomas on the malpractice claim based on his fai lure to designate an expert witness. We review de novo a district court’s grant of summary judgment. Nickell v. Beau View of Biloxi, L.L.C ., 636 F.3d 752, 754 (5th Cir. 2011). Contrary to his argument that the diagnosis and treatment for glaucoma is com mon knowledge, Thomas was required to present expert testimony to establish the applicable standard of care. See Hood , 554 S.W.2d at 165

- 66. As it is
uncontested that Thomas did not designate an expert witness to testify on h is behalf, summary judgment was appropriate

. See Quijano , 325 F.3d at 567. Thomas moved for appointment of counsel , asserting that he was unable to proceed pro se because he was incarcerated. Finding no exceptional circumstances, the district court denied the motion , and it later denied a renewed request when summary judgment was granted. On appeal, Thomas has not shown that the district court abused its discretion in denying h is requests for the appointment of counsel. See Cupit v. Jones , 835 F.2d 82, 86 (5th Cir. 1987). AFFIRMED.

2 Case: 13-10744 Document: 00512616699 Page: 2 Date Filed: 05/02/2014
Exhibit 31.2

CERTIFICATION

I, David A. Spiegel, certify that:

1. I have reviewed this Quarterly Report on Form 10-QSB of The
Stephan Co.;

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 small business issuer as of,
and for, the periods presented in this report;

4. The small business issuer's other certifying officer(s) 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)) and we 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
small business issuer, including its consolidated subsidiaries,
is made known to us by others within those entities,
particularly during the period in which this report is being
prepared;

b) evaluated the effectiveness of the small business issuer'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 small business
issuer's internal control over financial reporting that occurred
during the small business issuer's most recent fiscal quarter


                                     1


CERTIFICATION OF CHIEF FINANCIAL OFFICER (continued)


(the small business issuer's fourth fiscal quarter in the case
of an annual report) that has materially affected, or is
reasonably likely to materially affect, the small business
issuer's internal control over financial reporting; and

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

a) all significant deficiencies and material weaknesses in the
design or operation of internal control over financial reporting
which are reasonably likely to adversely affect the small
business issuer'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 small
business issuer's internal control over financial reporting.

Date: May 21, 2007

/s/ David A. Spiegel
__________________________________
David A. Spiegel
Chief Financial Officer











2
Exhibit 23.1
                                                     Consent of BDO Seidman, LLP

               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

     We  hereby  consent  to  the incorporation by reference in the registration
statement  of DA Consulting Group, Inc. on Form  S-8 (File No. 333-71987) of our
report  dated  March  22,  2002  on  our  audit  of  the  consolidated financial
statements  of  DA  Consulting  Group,  Inc.  and  subsidiaries appearing in the
Company's  Annual  Report  on  Form  10-K  for the year ended December 31, 2001.




BDO  Seidman,  LLP

Houston, Texas
April 15, 2002


                                  Page 50 of 51
<PAGE>
COURT OF APPEALS

	SECOND DISTRICT OF TEXAS

	FORT WORTH 

	NO. 2-08-432-CV

PARKER COUNTY, TEXAS	APPELLANT

						V.

JACOB KAYSER 	APPELLEE

	----------

	FROM THE 43RD DISTRICT COURT OF PARKER COUNTY

	----------

	MEMORANDUM OPINION1 AND JUDGMENT

	----------

	We have considered appellant’s “Motion To Dismiss Appeal.”  It is the court’s opinion that the motion should be granted; therefore, we dismiss the appeal.  See Tex. R. App. P. 42.1(a)(1), 43.2(f).

	Costs of the appeal shall be paid by the party incurring the same, for which let execution issue.  See Tex. R. App. P. 43.4.

								PER CURIAM

PANEL:  LIVINGSTON, DAUPHINOT, and GARDNER, JJ.  

DELIVERED:  July 16, 2009
<PAGE>
                                                                               .
                                                                               .
                                                                               .

                                                                      EXHIBIT 21

                                ENERGYSOUTH, INC.

                           SUBSIDIARIES OF REGISTRANT

<TABLE>
<CAPTION>
                                          Percent of Voting         State of
         Subsidiary                       Securities Owned       Incorporation
         ----------                       -----------------      -------------
<S>                                       <C>                    <C>
Mobile Gas Service Corporation                  100%                Alabama

MGS Storage Services, Inc.                      100%                Alabama

EnergySouth Services, Inc.                      100%                Alabama

MGS Marketing Services, Inc.                    100%                Alabama
</TABLE>

                PARTNERSHIPS IN WHICH REGISTRANT OWNS AN INTEREST

<TABLE>
<CAPTION>
        Partnership                        Equity Ownership
        -----------                        ----------------
<S>                                        <C>
Bay Gas Storage Company, Ltd.                   90.9%

Southern Gas Transmission Co.                     51%
</TABLE>
Exhibit 32.2

Certification 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)

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), I, John J. Nicola, Chief Financial Officer of K-Sea General Partner GP LLC, as general partner of K-Sea
General Partner L.P., the general partner of K-Sea Transportation Partners L.P. (the "Partnership"), hereby certify, to the best of my knowledge,
that:



Dated: September 15, 2008

/s/JOHN J. NICOLAName:

John J. NicolaTitle:

Chief Financial Officer


---



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