alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED FUEL GAS COMPANY v. W. C. SHERMAN et al.

Court of Appeals of Kentucky.

Nov. 12, 1954.

J. K. Wells, Paintsville, for appellant.

Thomas E. Nickel, and Oscar Sammons, Greenup, for appellees.

MOREMEN, Judge.

The appellant instituted this action to condemn a right of way 1093 feet in. length, comprising 2.28 acres, across a part of appellees’ sixty acre tract of land in Green-up County for a pipe line easement. The right of ways for other portions for the pipe line were involved in United Fuel Gas Company v. Mauk, 272 S.W.2d 810 and United Fuel Gas Company v. Hieneman, 272 S.W.2d 813.

The commissioners’ award of $375 for the easement area was increased on appeal to the Greenup Circuit Court, where judgment was rendered for $2,000 — $800 for the easement area and $1,200 for resultant damages to the remainder of the tract. The only question on the trial below was the question of damages.

The facts are essentially the same and the questions involved herein are almost identical with those involved in two above cited cases.

Therefore, for the reasons given in, and upon the authority of, United Fuel Gas Company v. Mauk, 272 S.W.2d 810 and United Fuel Gas Company v. Hieneman, 272 S.W.2d 814 the motion for an appeal is granted and the judgment is reversed.
I 

113TH CONGRESS 

1ST SESSION H. R. 3364 

To authorize and request the President to issue a posthumous commission 

in the regular Army to Milton Holland, who, while sergeant major of 

the 5th Regiment, United States Colored Infantry, was awarded the 

Medal of Honor for gallantry during the Civil War. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 29, 2013 

Mr. STIVERS (for himself and Mr. AL GREEN of Texas) introduced the 

following bill; which was referred to the Committee on Armed Services 

A BILL 

To authorize and request the President to issue a posthumous commission in the regular Army to Milton Holland, who, while sergeant major of the 5th Regiment, 

United States Colored Infantry, was awarded the Medal 

of Honor for gallantry during the Civil War. 

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

3 SECTION 1. REQUEST FOR POSTHUMOUS APPOINTMENT OF 

4 MILTON HOLLAND AS A COMMISSIONED OF5 FICER IN THE ARMY. 

6 (a) REQUEST.—The President is authorized and re7 quested to issue, or have issued, a posthumous commission 


tjames on DSK6SPTVN1PROD with BILLS
2 

•HR 3364 IH

1 in the grade of captain in the regular Army in the name 

2 of Milton Holland, who, while sergeant major of the 5th 

3 Regiment, United States Colored Infantry, was awarded 

4 the Medal of Honor in recognition of his action on Sep5 tember 29, 1864, during the Battle of Chapin’s Farm, 

6 Virginia, when, as the citation for the medal states, Ser7 geant Major Holland ‘‘took command of Company C, after 

8 all the officers had been killed or wounded, and gallantly 

9 led it’’. 

10 (b) TREATMENT OF BENEFITS.—The provisions of 

11 section 1523 of title 10, United States Code, apply in the 

12 case of a commission issued as requested in subsection (a). 

Æ 


tjames on DSK6SPTVN1PROD with BILLS
##### 



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 on Form 10-Q of Advanta Corp. (the
Company) for the quarterly period ended September 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Dennis
Alter, Chief Executive Officer of the Company, 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; and                              
| | --- |  | ---------------------------------------------------------------------------------------------------------------------------------------------------
|
| | (2) |  | the information contained in the Report fairly presents, in all
material respects, the financial condition and result of operations
of the Company.

/s/ Dennis AlterDennis Alter
Chief Executive Officer
November 12, 2003
### Agenda **Siloxane ECA Negotiation June 27, 2012**  **, 10:00 AM**  **– 1**  **: 00 PM**  **, R** **oom 1117A EPA East**  10:00 Introductions , Purpose , Goals, and Objectives Paul L ewis, EPA 10:10 Id entification i nterested parties Paul L ewis, EPA 10:30 Industry

presentation Karluss Thomas, SEHSC 11: 00 Interested Part y comments Paul L ewis, EPA 11: 3 0 EPA’s r esponse Ward Penberth y, EPA 1 2 : 0 0 Discussion/summation/resolution Participants 12:45 Next steps Paul L ewis, EPA 1:00 Adjourn Agenda times are approximate. The Docket number for this enforceable consent agreement is EPA - HQ - OPPT - 2012 - 0209 . This docket can be found at regulations.gov http://www.regulations.gov/#!searchResults;rpp=25;po=0;s=epa - hq - oppt - 2012 - 0209 . Contact Bob Jones at jones.robert@epa.gov or 202 - 564 - 8161 for further information.
Exhibit 10.2


 


AMENDMENT


TO


INDEPENDENT
CONTRACTOR AGREEMENT


 


This Amendment to Independent Contractor Agreement
(this “Amendment”) is made and entered into as of this       
day of March, 2006 between (i) Fischer Imaging Corporation, a Delaware
corporation (the “Company”) and (ii) David Kirwan (“Independent Contractor”).  The Company and Independent Contractor are
referred to collectively as the “Parties” and individually as a “Party.”


 


WHEREAS, the Company and Independent Contractor
entered into an Independent Contractor Agreement (the “Agreement”) as of
December 2, 2005; and


 


WHEREAS, the Parties wish to amend certain provisions
of the Agreement as set forth below in order to extend the term and amend the
termination provision of the Agreement.


 


NOW, THEREFORE, in consideration of the mutual
covenants and promises contained herein and other valuable consideration, the
Parties hereby agree as follows:


 


                Section 3 and
Section 8(a) of the Agreement are hereby amended as set forth below and replace
the enumerated Sections in the Agreement in their entirety.  All other provisions in the Agreement remain
unchanged.


 


3.             Effective Date and Term.  This Agreement shall be effective as of the
Effective Date and shall continue in force thereafter until June 30, 2006, unless
(i) extended for an additional period by the parties’ mutual written agreement,
and/or (ii) earlier terminated pursuant to Section 8.


 


8.             Termination.


 


(a)           The Company or
Independent Contractor may terminate this Agreement upon thirty (30) days prior
written notice to the other party.


 


 


* * * * *


 

















 


IN WITNESS
WHEREOF, each of the Parties hereto has executed this Amendment as of the date
first set forth above.


 


	
   

  	
  COMPANY:

  	
   

  
	
   

  	
   

  	
   

  	
   

  	 

	
   

  	
   

  	
  FISCHER IMAGING
  CORPORATION

  	 

	
   

  	
   

  	
   

  	
   

  	 

	
   

  	
   

  	
  By:

  	
  /s/ Gail Schoettler

  	 

	
   

  	
   

  	
  Name:

  	
  Gail Schoettler

  	 

	
   

  	
   

  	
  Title:

  	
  Chair of the Board of
  Directors

  	 

	
   

  	
   

  	
   

  	
   

  	 

	
   

  	
  INDEPENDENT CONTRACTOR:

  	 

	
   

  	
   

  	
   

  	
   

  	 

	
   

  	
   

  	
  /s/ David Kirwan

  	 

	
   

  	
   

  	
  Name:

  	
  David Kirwan
<PAGE>

                     32.2 SECTION 1350 CERTIFICATION OF CFO

                  CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER
                       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 Commonwealth Income & Growth Fund II,
(the "Company") on Form 10-Q for the quarter ending March 31, 2004, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Kimberly A. Springsteen, Principal 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 2002, that, to the best of 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 result of operations of the
Company.

/s/      Kimberly A. Springsteen
--------------------------------
Kimberly A. Springsteen
Principal Financial Officer

May 24, 2004
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 14**  **- 1813** 

BROTHERS OF THE WHEEL M.C. EXECUTIVE COUNCIL, INC., a West Virginia Corporation , Plaintiff

- Appellant ,

v.

GERALD R. MOLLOHAN , Defendant

- Appellee , and

JOHN DOES 1

- 50 , Defendant

.

**No. 14**  **- 1815** 

BROTHERS OF THE WHEEL M.C. EXECUTIVE COUNCIL, INC., a West Virginia Corporation , Plaintiff

- Appellee ,

v.

GERALD R. MOLLOHAN , Defendant

- Appellant , and

JOHN DOES 1

- 50 , Defendant.2 Appeal s from the United States District Court for the Southern District of West Virginia , at Charleston

. Thomas E. Johnston , District Judge. ( 2:11

- cv
- 00104 )

Submitted : April 24, 2015 Decided: July 2, 2015

Before SHEDD , Circuit Judge , and HAMILTON and DAVIS, Senior Circuit Judges

.

Affirmed by un published per curiam opinion

.

Richard J. Lindroth, South Charleston, West Virginia, for Appellant/ Cross

- Appellee. Gerald R. Mollohan, Appellee/ Cross

Appellant Pro Se.

Unpublished opinions are not bi nding precedent in this circuit.3 PER CURIAM:
In these consolidated cross

- appeals, Plaintiff Brothers of
the Wheel M.C. Executive Council, Inc. and Defendant Gerald R.
Mollohan appeal the district court ’s final judgment order in
this trademark infringement case. On appeal, the parties raise
numerous assignments of error. Having carefully reviewed the
briefs, the record, and the relevant law, we conclude that each
assignment of error is without merit . Accordingly, we affirm

for the reasons stated by the district court. See Brothers of
the Wheel M.C. Exec. Council, Inc. v. Mollohan , No. 2:11

- cv
00104 (S.D. W. Va. Feb. 19, 2014; Feb. 14, 2014; June 25, 2013;
June 6, 2013; Nov. 14, 2012). We dispense with oral argument

because the facts and legal contentions are adequately presented

in the materials before th is court and argument would not aid
the decisional process.

AFFIRMED
**Exhibit 32.1**

 

CERTIFICATION PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

I, Uziel Frydman, herebycertify, pursuant to 18 U.S.C. (s)1350, as adopted pursuant to (s)906 of theSarbanes-Oxley Act of 2002, that:

 

(1)  The accompanying annual report on Form 10-K for the fiscal yearended July 31, 2003 fully complies with the requirements of Section 13(a) orSection 15(d) of the Securities Exchange Act of 1934, as amended; and

 

(2)  The information contained in such report fairly presents, in allmaterial respects, the financial condition and result of operations of SherwoodBrands, Inc.

 

Date: October 28, 2003

 

 
|  /s/     UZIEL  FRYDMAN |   |   |
|-------------------------------------------------------|--------|--------|
| Uziel Frydman                                         |   |   |
| Chief Executive Officer                               |   |   |

 

1

----
EXHIBIT 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       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 Berthel Growth & Income Trust I (the
"Company") on Form 10-Q for the period ending June 30, 2006 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Thomas
J. Berthel, Chief Executive Officer of Berthel Fisher & Company Planning, Inc.,
the Trust Advisor of the Company, 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 Company's 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.


August 10, 2006                     /s/  Thomas J. Berthel
                                    -------------------------------------------
                                         Thomas J. Berthel
                                         President and Chief Executive Officer
                                         Berthel Fisher & Company Planning, Inc.
                                         Trust Advisor
                                         Berthel Growth & Income Trust I
<TABLE>
<CAPTION>

                                                                                                              EXHIBIT 12


                                                       MERRILL LYNCH PREFERRED CAPITAL TRUST V
                                                        MERRILL LYNCH PREFERRED FUNDING V, L.P.
                                                         COMPUTATION OF RATIOS OF EARNINGS TO
                                           COMBINED FIXED CHARGES AND PREFERRED SECURITIES DISTRIBUTIONS (UNAUDITED)
                                                                   (dollars in thousands)



                                      FOR THE YEAR ENDED                 FOR THE YEAR ENDED              FOR THE YEAR ENDED
                                      DECEMBER 29,2006                  DECEMBER 30, 2005               DECEMBER 31, 2004
                           ---------------------------------  ---------------------------------  ----------------------------------
                              MERRILL LYNCH    MERRILL LYNCH     MERRILL LYNCH    MERRILL LYNCH    MERRILL LYNCH    MERRILL LYNCH
                                 PREFERRED       PREFERRED          PREFERRED       PREFERRED        PREFERRED       PREFERRED
                            CAPITAL TRUST V  FUNDING  V,L.P.   CAPITAL TRUST V  FUNDING  V,L.P.   CAPITAL TRUST V  FUNDING  V, L.P.
                           ----------------- ---------------  ----------------- ---------------  ----------------- ----------------

<S>                        <C>                 <C>            <C>               <C>               <C>               <C>

Earnings                       $ 63,795           $ 74,785        $ 63,795           $ 74,606         $ 63,795            $ 74,447
                               ========           ========        ========           ========         ========            ========


Fixed charges                  $      -           $      -        $      -           $      -         $      -            $      -

Preferred securities
 distribution
 requirements                    61,880             63,795          61,880             63,795           61,880              63,795
                               --------           --------        --------           --------         --------            --------

Total combined fixed
 charges and preferred
 securities distribution
 requirements                  $ 61,880           $ 63,795        $ 61,880           $ 63,795         $ 61,880            $ 63,795
                               ========           ========        ========           ========         ========            ========

Ratio of earnings to
 combined fixed charges
 and preferred securities
 distribution requirements         1.03               1.17            1.03               1.17             1.03                1.17


</TABLE>
# **Exhibit 10.10**

 

EXTENSIONAGREEMENT

 

 

Bank of America, N.A.,

as Administrative Agent

231 South LaSalle Street

Chicago, Illinois 60604

 

Ladies and Gentlemen:

 

The undersigned herebyagrees to extend, effective April 3, 2003, its Commitment and the Maturity Dateunder the Credit Agreement dated as of April 3, 2001, among SOURCECORP,Incorporated (formerly known as F.Y.I., Incorporated), each of the Lendersparty thereto, Bank of America, N.A., as Administrative Agent, and Banc ofAmerica Securities LLC, as sole lead arranger and sole book agent (as the samehas been amended or otherwise modified from time to time, the “CreditAgreement”) for 364 days to April 1, 2006, pursuant to Section 2.1(d)of the Credit Agreement.  Terms definedin the Credit Agreement are used herein as therein defined.

 

This Extension Agreementshall be construed in accordance with and governed by the law of the State ofTexas.  This Extension Agreement may besigned in any number of counterparts, each of which shall be an original, with thesame effect as if the signatures thereto and hereto were upon the sameinstrument.

 
| **BNP  PARIBAS** |
|------------------|
|             |
| By:              | /s/Angela Arnold |
|             | Name: | Angela Arnold |
|             | Title: | Vice President |
|             |
| By:              | /s/Aurora Abella |
|             | Name: | Aurora Abella |
|             | Title: | Vice President |

 

 

Agreed and Accepted:

 
| SOURCECORP, INCORPORATED                        |
|-------------------------------------------------|
|                                            |
| By:                                             | /s/Barry L. Edwards |
|                                            | Name: | Barry L. Edwards |
|                                            | Title: | EVP & CFO |
|                                            |   |   |
| BANK OF AMERICA, N.A., as  Administrative Agent |
|                                            |
| By:                                             | /s/Suzanne M. Paul |
|                                            | Name: | Suzanne M. Paul |
|                                            | Title: | Vice President |
|                                                 |  |  |  |

 

----
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                           2,865
<SECURITIES>                                    18,268
<RECEIVABLES>                                    2,752
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                28,228
<PP&E>                                           4,843
<DEPRECIATION>                                   3,193
<TOTAL-ASSETS>                                  30,143
<CURRENT-LIABILITIES>                            8,552
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             7
<OTHER-SE>                                      21,591
<TOTAL-LIABILITY-AND-EQUITY>                    30,143
<SALES>                                          4,492
<TOTAL-REVENUES>                                 4,492
<CGS>                                               93
<TOTAL-COSTS>                                    4,971
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 236
<INCOME-PRETAX>                                  (243)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              (243)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (243)
<EPS-PRIMARY>                                    (.04)
<EPS-DILUTED>                                    (.04)<F1>
<FN>
<F1>In the first quarter of 1997, common share equivalents, if included, would have
an anitdilutive effect on the net loss per share calculation, and are therefore
excluded from the fully diluted calculation. If included, the net loss per
share would be $0.03 per share
</FN>
        

</TABLE>
<PAGE>




                                                                    EXHIBIT 32.1

 CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO SECTION 906 OF THE
               SARBANES-OXLEY ACT OF 2002, 18 U.S.C SECTION 1350

In connection with the Annual Report of iPass Inc. (the "Company") of Form 10-K
for the period ended December 31, 2003 as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, Kenneth D. Denman, Chairman and
Chief Executive Officer of the Company, certify, 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 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.

Date:    March 30, 2004               /s/ Kenneth D. Denman

                                          Kenneth D. Denman
                                          Chairman and Chief Executive Officer
                                          (Principal Executive Officer)

This certification accompanies the Form 10-K to which it relates, is not deemed
filed with the Securities and Exchange Commission and is not to be incorporated
by reference into any filing of iPass Inc. under the Securities Act of 1933, as
amended, or the Securities Exchange Act of 1934, as amended (whether made before
or after the date of the Form 10-K), irrespective of any general incorporation
language contained in such filing.
<PAGE>

                     32.2 SECTION 1350 CERTIFICATION OF CFO

                  CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER
                       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 Commonwealth Income & Growth Fund II,
(the "Company") on Form 10-Q for the quarter ending June 30, 2003, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Kimberly A. Springsteen, Principal 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 2002, that:

         (1) The Report fully complies with the requirements of section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

         (2) The information contained in the Report fairly presents, in all
material respects, the financial condition and result of operations of the
Company.

/s/ Kimberly A. Springsteen
----------------------------
Kimberly A. Springsteen
Principal Financial Officer
August 12, 2003