alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### STRATTON et al. v. COMMONWEALTH.

Court of Appeals of Kentucky.

June 15, 1951.

*631Lester Hogge, Morehead, O. R. Bright, Flemingsburg, for appellants.

A. E. Funk, Atty. Gen., Walter C. Herd-man, Asst. Atty. Gen., for appellee.

MOREMEN, Judge.

The appellants were convicted of having in their possession in local option territory intoxicating liquors for the purpose of sale, and on this appeal assigned many errors as a basis for reversal including the contention that the search warrant is vague and uncertain and does not describe in detail the premises directed to be searched. The warrant reads as follows: “You are commanded to search the house now used and occupied by Lula Stratton and Henry Stratton as a residence, and the outbuildings and premises adjacent thereto (said residence' is situated in Fleming County, Kentucky), and if you find on said premises or in or about said residence or buildings illegal, illicit, .spirituous, vinous, intoxicating liquor you will seize and take possession of the same and deliver them together with this writ to me at my office as speedily as possible.”

The affidavit upon which the search warrant was based gave a more particular description of the location of the home of appellants, but we have 'held that a search warrant must be sufficient in itself. In the case of Smith v. Commonwealth, 210 Ky. 698, 276 S.W. 495, 496, it was said: ' “The affidavit upon which the'warrant was based contained the same description, with the additional' words, ‘.situated <?n Main street.’ However, the officer proceeds under the warrant alone, and it is not aided by the affidavit, therefore it is essential for the warrant to describe the property to be searched with sufficient accuracy to locate it with reasonable certainty.”

The search warrant above quoted states only that the resident of appellants is situated in Fleming County, Kentucky. In the case of Taylor v. Commonwealth, 198 Ky. 728, 249 S.W. 1035, 1036, where the search warrant was similarly general in description, we said: “We believe that appellant’s objection to the search warrant is also well taken. It does not go into the full detail of the location of the premises of appellant directed to be searched, but it does describe them in a very general and remote way. Todd county is large and covers much territory. We are of opinion that a description like that set forth in the warrant under consideration was insufficient to enable the officer with certainty to find and search the premises men. tioned therein.” .

Wherefore, the judgment is reversed.
#### Ex parte O’DARE.

No. 22576.

Court of Criminal Appeals of Texas.

June 16, 1943.

John W. Hornsby, of Austin, for appellant.

Spurgeon E. Bell, State’s Atty., of Austin, for the State.

DAVIDSON, Judge.

This is an application for an original writ of habeas corpus.

On February 1st, 1933, relator was, upon his plea of not guilty, convicted, in the District Court of Fayette County, of the offense of robbery with firearms, and his punishment was assessed at confinement in the state penitentiary for life.

Relator is now a convict in the state penitentiary, serving said sentence, and he has so served continuously for more than five years.

The disposition of this case is governed and controlled by the authority of Ex parte Erwin, Tex.Cr.App., 170 S.W.2d 226, which is directly in point. No useful purpose could be served to write further.

Upon the authority of Ex parte Erwin, supra, the writ of habeas corpus is granted, and relator is ordered discharged from further custody under the judgment mentioned.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.
RUI.E 18 - CC!WITID;~AL APFHOVIU. 

( a. The Air Pollutio:t Control Officer may issue ar. a.utl:ority to ccn-

\ 

ctruc t or a permit tc operate, subject to conditions \o:hich •:ill brin~ the 

·operation of ~.ny o.rt:i.cle, l!l:lChine, equip::~ent or other ccntriY~::ce lr:itain the 

standards of Rule 17 1 in which case tiu: conditions shrill be sp~cifigc! in 

-..·ritine. Cor..tJencinG ~1crk I.Ulde::r such an authori~y to c:::n;;truct or opo:!rat.ion 

lir.c!cr Et:ch a pcrc:i t to oper.:;. te s;;,·ll be c!ec:.cd ncc~ptano;c of all ti;·~ c~ma\<tborit;r t.c cc~Et!·u:.:t or a p::!rc;it to opc:-tot~ •:i~h re;h:cd ce>::dilion!.: upo:1 

receipt of a ne• application, if the applicant der.;onstr.:;.tes that t!:e 

article, m.:>chine, equipment cr other contrivance .::a.'1 op~race ~o.·it.hin the 

standards of ]ule 17 ~der the revised conditions. 

(
Exhibit 21.01

Click2learn Subsidiaries

|Subsidiary Name                         |  | Jurisdiction of Incorporation
|--------------------------------------- |  | -----------------------------
|Click2learn Limited                     |  | United Kingdom               
|Click2learn Canada, Ltd.                |  | Nova Scotia                  
|Click2learn Software Private Limited    |  | India                        
|Communication Strategies, Inc.          |  | Texas                        
|IntelliPrep Technologies, Incorporated. |  | Delaware                     
|Asymetrix GmbH                          |  | Germany                      
|Asymetrix SARL                          |  | France                       
|Aimtech Corporation                     |  | Delaware                     
|Meliora Systems, Inc.                   |  | New York                     

---

QuickLinks
[entire page is confidential]
Exhibit 10.17.2


 


FIRST AMENDMENT TO THE


DST SYSTEMS, INC.


2005
NON-EMPLOYEE DIRECTORS’ AWARD PLAN


 


The DST Systems, Inc. 2005 Non-Employee Directors’
Award Plan, effective May 10, 2005 (the “Plan”), is hereby amended, effective
November 30, 2005, as follows:


I.


Section 2.17(a)(i) is deleted in its entirety and
replaced to read as follows:


(i) the average of the highest and lowest reported
sales prices on the New York Stock Exchange as reported in a financial
publication of general circulation as selected by the Committee from time to
time;


II.


Section 2.17(a)(ii) is amended by deleting the phrase “as
reported in the appropriate table or listing contained in The Wall Street
Journal” and replacing it with “as reported in a financial publication of
general circulation as selected by the Committee from time to time.”


III.


Section 10.1(a) is amended to add the following
to the end thereof after the comma:


or if such amendment, in the determination of the
Board, materially increases benefits accruing to Plan participants,


 


                Approved
by the Board of Directors November 30, 2005.


 


 




	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  By:

  	
  /s/ M. Jeannine
  Strandjord

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  M. Jeannine
  Strandjord
Exhibit 32(b)

              SECTION 1350 Certification (Chief Financial Officer)

In connection with the Quarterly Report of Coastal Financial Corporation, Inc.
(the "Company") on Form 10-Q for the period ended December 31, 2004 as filed
with the Securities and Exchange Commission (the "Report"), I Jerry L. Rexroad,
Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss.1350,
as adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2003, that to the
best of my knowledge:

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
      as of and for the period covered by the Report.

This Certification is provided as of February 9, 2005.


                                                 /s/ Jerry L. Rexroad
                                                 -------------------------------
                                                 Jerry L. Rexroad
                                                 Executive Vice President and
                                                 Chief Financial Officer


                                       30
[Federal Register Volume 65, Number 205 (Monday, October 23, 2000)]
[Notices]
[Page 63245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27093]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3052-003]


City of Black River Falls; Notice of Availability of Scoping 
Document 1

October 17, 2000.
    In accordance with the National Environmental Policy Act of 1969 
and the Federal Energy Regulatory Commission's (Commission) 
regulations, 18 CFR Part 380, the Office of Energy Projects has 
reviewed the application for license for the Black River Falls 
Hydroelectric Project, located on the Black River in Jackson County, 
Wisconsin, and has prepared a Scoping Document 1 (SD1) for the project. 
The project does not occupy federal lands.
    Copies of the SD1 are available for review at the Commission's 
Public Reference Room, located at 888 First Street, NE, Washington, DC 
20426, or by calling (202) 208-1371. The SD1 may be viewed on the web 
at http://www.ferc.fed.us/online/rims.htm (call (202) 208-2222 for 
assistance).
    Any comments (an original and eight copies) should be filed by 
November 16, 2000 and should be addressed to David P. Boergers, 
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE, 
Washington, DC 20426. For further information, contact Susan O'Brien at 
(202) 219-2840. Beginning November 1, 2000, comments and protests may 
be filed electronically via the internet in lieu of paper. See, 18 CFR 
385.2001(a)(1)(iii) and the instructions on the Commission's web site 
at http://www.ferc.fed.us/efi/doorbell.htm.

David P. Boergers,
Secretary.
[FR Doc. 00-27093 Filed 10-20-00; 8:45 am]
BILLING CODE 6717-01-M
Cancellation Agreement



 Exhibit 10(b) 
 CANCELLATION AGREEMENT 
 THIS CANCELLATION AGREEMENT (the “Agreement”), effective as of
February 28, 2006, is by and between Wells Fargo & Company, a Delaware corporation (the “Corporation”), and Richard M. Kovacevich (the “Executive”). 
 The Corporation and the Executive are parties to a letter agreement, dated March 18, 1991, as amended effective January 1, 1995 (collectively,
the “Severance Agreement”), which entitles the Executive to receive certain payments and benefits from the Corporation if his employment is terminated by the Corporation for a reason other than for cause or if his job duties are
substantially reduced and he resigns within 90 days thereafter. The Executive requested that the Corporation cancel the Severance Agreement. The parties, therefore, have mutually agreed to cancel the Severance Agreement effective as of the date
hereof in accordance with the terms of this Agreement. As a result, as of the date hereof, the only severance payments the Executive will be entitled to receive are those to which he may be entitled under the Corporation’s Salary Continuation
Pay Plan (the “Plan”). The Plan provides salary continuation pay to any executive officer or other employee who is discharged under the circumstances stated in the Plan and who does not have another separation agreement with the
Corporation. The amount of salary continuation pay under the Plan is based on years of service and job level and includes payment of base salary and continuation of benefits for specified monthly periods. 
 NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree that effective as of the date hereof the Severance Agreement is hereby canceled in all respects and shall be of no further force and effect, all such rights, obligations and liabilities under the Severance Agreement
shall be extinguished, and neither party shall have any rights, obligations or liabilities to the other whatsoever under the Severance Agreement. Nothing in this Agreement, however, is intended to, and shall not, affect or change in any way the
Executive’s right to receive salary continuation pay as provided in the Plan. This Agreement is governed by and construed according to the laws of the State of Minnesota (without regard to the laws of conflict of any jurisdiction) as to all
matters. 
 IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. 
  

			
	 /s/ Richard M. Kovacevich

	Executive
	
	WELLS FARGO & COMPANY
		
	By:	 	 /s/ Avid Modjtabai

		 	Avid Modjtabai
	Its:	 	Executive Vice President, Human Resources
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

November 29, 2007 Clifford W. Taylor,

 Chief Justice 

134770 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

FRED BURGESS,

Plaintiff-Appellant, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 134770 

 COA: 268569 

Otsego CC: 04-010786-CK 

DONALD BERNHARDT and 

MICHAEL BERNHARDT,

Defendants-Appellees. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the June 12, 2007 

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. 

s1119 

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. 

November 29, 2007 

 Clerk
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 Annual Report on Form 10-KSB/A (the “Report”) of Welwind
        Energy International Corp. (the “Company”) for the fiscal year ended December
        31, 2006, the undersigned Tammy-Lynn McNabb, the Chief Executive Officer
        and the
        Chief Financial Officer of the Company, hereby certifies pursuant to 18 U.S.C.
        Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
        of
        2002, that, to the best of the undersigneds’ knowledge and belief:
 
 (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:
        September 26,
        2007                                                    /s/
        Tammy-Lynn McNabb
 Tammy-Lynn
        McNabb, Chief Executive
        Officer,
 Chief
        Financial Officer
IN THE

TENTH COURT OF APPEALS

No. 10-12-00122-CV

CITY OF BELLMEAD,

Appellant

v.

DEVIN KLUK,

Appellee

From the 170th District Court

McLennan County, Texas

Trial Court No. 2011-5034-4

MEMORANDUM OPINION

The parties have filed a “Joint Motion to Dismiss Appeal,” stating that Appellee 

has nonsuited his claims against Appellant and asking us to dismiss the appeal because 

there is no longer a matter to prosecute or appeal and to tax costs against the party 

incurring the cost. See TEX. R. APP. P. 42.1(a)(2). The motion to dismiss is granted, and 

the appeal is dismissed. In accordance with the agreement of the parties, costs are taxed 

against the party incurring same. See TEX. R. APP. P. 42.1(d).
City of Bellmead v. Kluk Page 2

REX D. DAVIS

Justice

Before Chief Justice Gray,

Justice Davis, and 

Justice Scoggins

Motion granted; appeal dismissed

Opinion delivered and filed May 23, 2012

[CV06]
[Federal Register Volume 65, Number 204 (Friday, October 20, 2000)]
[Notices]
[Page 63063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27015]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary


Defense Science Board; Notice of Advisory Committee Meetings

SUMMARY: The Defense Science Board (DSB) Task Force on High Energy 
Laser Weapon Systems Applications will meet in closed session on 
November 14-15, 2000; December 14-15, 2000; January 23-24, 2001; 
February 21-22, 2001; March 13-14, 2001; April 17-18, 2001; and May 15-
16, 2001, at Strategic Analysis Inc., 3601 Wilson Boulevard, Arlington, 
VA 22201.
    The mission of the Defense Science Board is to advise the Secretary 
of Defense and the Under Secretary of Defense for Acquisition, 
Technology & Logistics on scientific and technical matters as they 
affect the perceived needs of the Department of Defense. At these 
meetings, the Task Force will review on-going or proposed programs in 
high energy laser (HEL) applications; examine recent supporting 
technology advancements and their applications with respect to 
supporting military HEL weapon system developments; develop potential 
military and strategic HEL system applications and identify processes 
required to implement these potentials; determine what needs to be done 
to weaponize these systems; and assess HEL operational concepts, 
impacts and limitations, considering legal, treaty and policy issues 
concerning HEL employment.
    In accordance with Section 10(d) of the Federal Advisory Committee 
Act, P.L. No. 92-463, as amended (5 U.S.C. App. II, (1994)), it has 
been determined that these Defense Science Board meetings, concern 
matters listed in 5 U.S.C. 552b(c)(1) (1994), and that accordingly 
these meetings will be closed to the public.

    Dated: October 12, 2000.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 00-27015 Filed 10-19-00; 8:45 am]
BILLING CODE 5001-10-M
Exhibit
32.1









CERTIFICATION
PURSUANT TO SECTION 1350 OF CHAPTER 63


OF TITLE
18 OF THE UNITED STATES CODE











I, Andrew
Stewart, the President, Chief Executive Officer and principal executive officer
of Man Investments (USA) Corp., the general partner of Man-AHL Diversified I
L.P. (the “Partnership”), certify that (i) the Annual Report of the Partnership
on Form 10-K for the period ending December 31, 2008 fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and (ii) the information contained in such Report fairly presents, in all
material respects, the financial condition and results of operations of the
Partnership.




Date: 
March 31,2009








/s/ Andrew
      StewartAndrew
      StewartPresident
      and Chief Executive Officer
p.1 

OAR Box 1828 

Prepped by Ollie Stewart 

Document Number: ^ 

£87) H-K- (#) -100 

Docket Number: 

A-83-27 

/Viw/erf /1/12/2008 11:12:58 AM Sheet 287 of 325 
P.2 

C3 Til 

II-K-(I)-100 

1990 PROJECTED NEW INDUSTRIAL FOSSIL FUEL-FIRED BOILER AIR EMISSIONS, 

FUEL DEMAND, AND COSTS (HIGHER OIL AND GAS PRICES). 

EEA, Inc. 

November 26, 1985. 

THIS INFORMATION CAN BE FOUND IN DOCKET A-79-02, ITEM 

IV-K-(I)-8.
Exhibit 10.36



 Exhibit 10.36 
 April 22, 2005 
 Mr. Mark F. McGettrick 
 President & CEO 
 Dominion Generation 
 Re: Supplemental Retirement Agreement 
 Dear Mark: 
 Because of your valuable knowledge and experience, Dominion Resources, Inc. (the “Company”) wishes to enter into this Supplemental Retirement Agreement
(“Agreement”) with you to ensure that your employment with the Company will continue until you reach age 60. Subject to the terms and conditions set forth below, the Company therefore agrees that, if you remain in the Company’s employ
and serve as an officer until you reach age 60, upon your retirement you will be treated as a Life Participant under the terms the Company’s New Executive Supplemental Retirement Plan (“New ESRP”). If you do not fulfill these
conditions, you will remain as a Regular Participant under the New ESRP. Your Employment Agreement dated August 1, 1999 will not apply for purposes of satisfying the age requirement under this Agreement. 
 The New ESRP benefit payable under this Agreement will be computed in accordance with the terms of Section 3.1(b) of the New ESRP. This benefit will then be paid as
a Lump Sum Equivalent under the terms of the New ESRP as you did not elect to receive your benefit in the form of Installment Payments. 
 Any benefits
payable under this Agreement will be paid under the New ESRP from the Dominion Resources, Inc. Executive Security Trust and/or the general assets of the Company as and when due. No promises under this Agreement will be secured by any specific assets
of the Company, nor will any assets of the Company be designated as attributable or allocated to the satisfaction of any such promises. Except as provided in this letter, the New ESRP benefit will be subject to the terms of the New ESRP in effect at
the time of payment. 
 If you agree with the terms and conditions set forth above, please indicate your acceptance by signing and returning one copy of this
letter to me. Please retain the other copy for your records. 
 This agreement becomes effective as of April 22, 2005.

 Sincerely yours, 
 /s/    Thos. E. Capps 
 Thos. E. Capps 
  

			
	Accepted:	 	 /s/ Mark F. McGettrick

		 	Mark F. McGettrick
		
	Date:	 	4/25/05
Exhibit 10.21


 


	
   

  	
   

  	
  

  
	
   

  	
  Harley-Davidson, Inc.

  
	
  Notice of Grant of Stock Options

  and Option Agreement

  	
  ID: 39-1805420

  3700 West Juneau Avenue

  
	
   

  	
  Milwaukee, WI 53208

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
   

  



 


	
  «FirstName» «LastName»

  	
   

  	
  Option Number:

  
	
  «Address1»

  	
   

  	
  Plan: 

  	
  2004 Incentive Stock Plan

  
	
  «City,» «State» «Zip»

  	
   

  	
  ID:

  
	
  «Country»

  	
   

  	
   

  



 


Effective «GrantDate»
(the “Grant Date”), you have been granted a(n) Non-Qualified Stock Option
to buy «# of shares» shares
of Harley-Davidson, Inc. (the Company) stock at «price» per share.


 


The total option price of the shares granted is «$ amount».


 


Shares in each period will become fully vested on the date shown.


 


	
  Shares

  	
   

  	
  Vest Type

  	
   

  	
  Full Vest

  	
   

  	
  Expiration

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  «shares»

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  «shares»

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  «shares»

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  «shares»

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  



 


 


These options are granted under and governed by the terms and
conditions of the Company's 2004 Incentive Stock Plan, as amended, and this
Option Agreement. You may return this Option Agreement to the Company (in care
of the Vice President and Treasurer) within thirty (30) days after the Grant
Date, and by doing so you will forfeit any rights under this Option Agreement. If
you choose to retain this Option Agreement beyond that date, then you accept
the terms of these options and agree and consent to all amendments to the 2004
Incentive Stock Plan and the Company’s 1995 Stock Option Plan through the Grant
Date as they apply to these options and any prior awards to you under such
plans.


 


 


	
   

  	
   

  
	
   

  	
  

  
	
   

  	
   

  
	
   

  	
  Vice President and Treasurer

  
	
   

  	
   

  
	
   

  	
  Date:

  	
  01/10/2002

  
	
   

  	
  Time:

  	
  1:58:17 PM