alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

                                                                    Exhibit 10.1

                                AMENDMENT NO. 5
                                    TO THE
                      HEALTH MANAGEMENT ASSOCIATES, INC.
                  1996 EXECUTIVE INCENTIVE COMPENSATION PLAN

                          Effective December 17, 1999


     WHEREAS, Health Management Associates, Inc., a Delaware corporation (the
"Company"), has established the Health Management Associates, Inc. 1996
Executive Incentive Compensation Plan, effective December 12, 1995, as
heretofore amended (the "1996 EICP"); and

     WHEREAS, pursuant to Section 10(e) of the 1996 EICP, the Board of Directors
of the Company has authorized, approved and adopted the amendments to the 1996
EICP set forth herein;

     NOW, THEREFORE, the 1996 EICP is hereby amended, effective December 17,
1999, as follows:

     1.   Clause "(ii)" of Section "4(a) Overall Number of Shares Available for
Delivery." of the 1996 EICP is hereby amended to provide in its entirety as
follows (with the remainder of said Section 4(a) being unchanged and unaffected
by this Amendment and continuing in full force and effect):

          "(ii) 7% of the number of shares newly issued by the Company
          or delivered out of treasury shares on or before December 1,
          1999 (but not thereafter) (excluding any issuance or
          delivery in connection with Awards, awards under Preexisting
          Plans, or any other compensation or benefit plan of the
          Company),"

     2.   A new Section "6(i)" is hereby added to Section "6.  Specific Terms of
Awards." of the 1996 EICP, to provide in its entirety as follows (with the
remainder of said Section 6 being unchanged and unaffected by this Amendment and
continuing in full force and effect):

               "(i)    Limitation.  Notwithstanding any other provision of the
          Plan, but subject to adjustment as provided in Section 10(c) hereof,
          if at any time on or after December 1, 1999 the number of shares of
          Stock set forth in Section 4(a)(i) hereof is increased, then no more
          than 15% of such additional shares of Stock shall be issued in
          connection with Awards other than Options or SARs."

     3.   Except as amended hereby, the 1996 EICP shall remain in full force and
effect in accordance with its terms.

     This Amendment No. 5 to the Health Management Associates, Inc. 1996
Executive Incentive Compensation Plan was authorized, approved and adopted by
the Board of Directors of the Company on December 17, 1999.

                                         /s/ Timothy R. Parry
                                        --------------------------------------
                                        Timothy R. Parry, Corporate Secretary

                                      18
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 224 Introduced in House (IH)]

103d CONGRESS
  2d Session
H. CON. RES. 224

Requesting the President to designate Victoria Van Meter as an honorary 
               goodwill ambassador for the United States.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 1994

   Mr. Ridge (for himself, Ms. Snowe, Mr. Clinger, Mr. Santorum, Mr. 
   Greenwood, Mr. Gallo, Mr. Cunningham, Ms. Schenk, and Mr. Borski) 
 submitted the following concurrent resolution; which was referred to 
             the Committee on Post Office and Civil Service

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
Requesting the President to designate Victoria Van Meter as an honorary 
               goodwill ambassador for the United States.

Whereas Victoria Van Meter is the youngest female to fly cross-country across 
        the United States;
Whereas Victoria Van Meter will become the youngest female pilot to make a 
        transatlantic flight;
Whereas the flight of a 12-year-old girl across the ocean will send a positive 
        message to the world;
Whereas Victoria Van Meter exemplifies the positive spirit of the United States;
Whereas Victoria Van Meter will represent the youth of the United States in her 
        world travels; and
Whereas Victoria Van Meter has already been an inspiration to people both young 
        and old: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That the President is requested to issue a proclamation designating 
Victoria Van Meter as an honorary goodwill ambassador from the United 
States to the countries that she visits in the course of her 
transatlantic flight.

                                 <all>
```
<PAGE>

                                                                      EXHIBIT 11

                    ACT MANUFACTURING, INC. AND SUBSIDIARIES

                   Computation of Net Income Per Common Share

                   THREE MONTHS ENDED MARCH 31, 2000 AND 1999
                      (IN THOUSANDS EXCEPT PER SHARE DATA)
                                  (UNAUDITED)

<TABLE>
<CAPTION>
                                                            Three Months Ended March 31,
                                                            ---------------------------
                                                                 2000         1999
                                                                 -----        ----
<S>                                                             <C>         <C>
BASIC NET INCOME PER COMMON SHARE:
  Net income as reported ................................        $ 6,150    $ 1,850
  Weighted average number of common shares outstanding:
    Common stock ........................................         16,546     12,881
                                                                 -------    -------
    Basic net income per common share ...................        $  0.37    $  0.14
                                                                 =======    =======

DILUTED NET INCOME PER COMMON SHARE:
  Net income as reported ................................        $ 6,150    $ 1,850
  Weighted average number of shares outstanding:
    Common stock ........................................         16,546     12,881
    Effect of stock options .............................          1,099        503
                                                                 -------    -------
      Total .............................................         17,645     13,384
                                                                 -------    -------
    Diluted net income per common share .................        $  0.35    $  0.14
                                                                 =======    =======

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             APR-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                          13,389
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                29,033
<PP&E>                                       4,726,419
<DEPRECIATION>                                  63,731
<TOTAL-ASSETS>                               4,761,406
<CURRENT-LIABILITIES>                        1,997,230
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     2,956,818
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 4,761,406
<SALES>                                              0
<TOTAL-REVENUES>                               391,630
<CGS>                                                0
<TOTAL-COSTS>                                  385,484
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             209,448
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (202,858)
<EPS-BASIC>                                       (.07)
<EPS-DILUTED>                                        0


</TABLE>
103D CONGRESS

2D SESSION H. CON. RES. 263

CONCURRENT RESOLUTION

1 Resolved by the House of Representatives (the Senate

2 concurring), That when the House adjourns on the legisla3 tive day of Thursday, June 30, 1994, it stand adjourned

4 until 10:30 a.m. on Tuesday, July 12, 1994, or until noon

5 on the second day after Members are notified to reassem6 ble pursuant to section 2 of this concurrent resolution,

7 whichever occurs first; and that when the Senate recesses

8 or adjourns at the close of business on Thursday, June

9 30, 1994, Friday, July 1, 1994, Saturday, July 2, 1994,

10 or Sunday, July 3, 1994, pursuant to a motion made by

11 the majority leader or his designee, in accordance with this

12 resolution, it stand recessed or adjourned until noon on

13 Monday, July 11, 1994, or at such time on that day as

14 may be specified by the majority leader or his designee

15 in the motion to recess or adjourn, or until noon on the

16 second day after Members are notified to reassemble pur17 suant to section 2 of this concurrent resolution, whichever

18 occurs first.
2

HCON 263 EH

1 SEC. 2. The Speaker of the House and the majority

2 leader of the Senate, acting jointly after consultation with

3 the minority leader of the House and the minority leader

4 of the Senate, shall notify the Members of the House and

5 the Senate, respectively, to reassemble whenever, in their

6 opinion, the public interest shall warrant it.

Passed the House of Representatives June 29, 1994.

Attest:

Clerk.

103D CONGRESS

2D SESSION H. CON. RES. 263

CONCURRENT RESOLUTION

Providing for an adjournment or recess of the two

Houses.
[Federal Register Volume 65, Number 217 (Wednesday, November 8, 2000)]
[Notices]
[Page 66980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28641]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP01-66-000]


Koch Gateway Pipeline Company Notice of Proposed Changes to FERC 
Gas Tariff

November 2, 2000.
    Take notice that on October 30, 2000, Koch Gateway Pipeline Company 
(Koch) tendered for filing as part of its FERC Gas Tariff, Fifth 
Revised Volume No. 1, the tariff sheets listed on Appendix A to the 
filing, to become effective November 1, 2000.
    Koch states that the purpose of this filing is to make the 
necessary changes in Koch's tariff to reflect the implementation of 
Internet communication.
    Koch states that copies of this filing have been served upon Koch's 
customers, state commissions and other interested parties.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or a protest with the Federal Energy 
Regulatory Commission, 8888 First Street, NE., Washington, DC 20426, in 
accordance with Sections 385.214 or 385.211 of the Commission's Rules 
and Regulations. All such motions or protests must be filed in 
accordance with Section 154.210 of the Commission's Regulations. 
Protests will be considered by the Commission in determining the 
appropriate action to be taken, but will not serve to make protestants 
parties to the proceedings. Any person wishing to become a party must 
file a motion to intervene. Copies of this filing are on file with the 
Commission and are available for public inspection in the Public 
Reference room. This filing may be viewed on the web at http://www.ferc.fed.us/online/rims.htm (call 202-208-2222 for assistance). 
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. 00-28641 Filed 11-7-00; 8:45 am]
BILLING CODE 6717-01-M
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 97-30267 Summary Calendar

CURTIS E. DILLON, also known as Bradford K. Dillon, Plaintiff-Appellant,

versus A.J. THIBODEAUX; MICHAEL LaGRANGE, Defendants-Appellees.

Appeal from the United States District Court For the Western District of Louisiana

(96-CV-945)

October 27, 1997 Before KING, HIGGINBOTHAM, and DAVIS, Circuit Judges.
PER CURIAM: * Curtis Dillon appeals the district court’s grant of summary judgment in favor of A.J. Thibodeaux and Michael LaGrange in his suit brought under 42 U.S.C. § 1983. Dillon’s suit alleges that he was injured during a fight with a fellow inmate at the Avoyelles Parish Jail because prison officials failed to respond to threats to his safety and act in an objectively reasonable fashion.2

The district court, relying on affidavits submitted by Thibodeaux, LaGrange, and other prison officials, concluded that there existed no genuine issue of fact as to whether the defendants acted reasonably in response to the fight. Both LaGrange and a shift lieutenant on duty at the time of the fight stated in their affidavits that prison officials responded to the altercation in a timely manner and that no official had prior knowledge of a conflict between Dillon and his assailant. For his part, Dillon offered a statement signed by eight inmates who witnessed the fight. In the statement, the prisoners contend that LaGrange was "well aware" of a "verbal altercation" between Dillon and his assailant but did nothing to "control or contain" it. The prisoners also state that LaGrange made no effort to stop the fight or render assistance once it had begun. The magistrate judge, in his recommendation concerning the case, discounted the prisoners’ statement as being merely conclusory in nature, and the district court adopted the magistrate’s recommendation. We do not agree. The statement of the prisoners is vague and brief, but it does assert a fact that flatly contradicts the affidavits of the prison officials: that LaGrange was aware of the confrontation between Dillon and the other inmate but did nothing to stop it from escalating. Under these circumstances, we must conclude that a genuine issue of material fact exists as to the reasonableness of LaGrange’s3

actions. Accordingly, the district court’s judgment in favor of LaGrange is REVERSED and REMANDED for further proceedings. Dillon has not challenged the district court’s grant of summary judgment in favor of Thibodeaux, the warden of the jail. He makes no arguments showing that the grant of summary judgment in favor of Thibodeaux was inappropriate. Accordingly, his claim against Thibodeaux is abandoned. See Yohey v. Collins , 985 F.2d 222, 224-25 (5th Cir. 1993). The district court’s grant of summary judgment in favor of Thibodeaux is AFFIRMED.
AFFIRMED IN PART; REVERSED AND REMANDED IN PART.
Record of Ex Parte Contacts

Docket No. FAA-2011-0731 Directorate Identifier: 2010-NE-39-AD

With whom outside the FAA has this AD action been discussed (i.e., Design Approval 

Holder, manufacturer, ATA, NBAA, RAA, AOPA, ALPA, GAMA, etc)? (You might need to 

submit a separate record to the Rules Docket. The AD Manual defines “Ex Parte Contacts.”)

ORGANIZATION PERSON 

CONTACTED

DATE RESPONSE

Airline Transport 

Association, 

202.626.4036

Joe White 11/17/10 Concur.

 

 

 

 

 

 

 

 

 

Other/Additional Information:
<PAGE>

                                                                    EXHIBIT 23.1

                      CONSENT OF INDEPENDENT ACCOUNTANTS


We consent to the incorporation by reference in the registration statements of
ATG Inc. on Form S-8 (file No. 333-72349 and File No. 333-62963) of our reports
dated February 26, 1999, on our audits of the consolidated financial statements
of ATG Inc. and subsidiaries as of December 31, 1998 and 1997, and for each of
the three years in the period ended December 31, 1998 on our audit of the
consolidated financial statement schedule, both of which reports are included in
this Annual Report on Form 10-K/A.


/s/ PricewaterhouseCoopers LLP


San Jose, California
September 10, 1999
EXHIBIT 32.2

                    CERTIFICATION OF CHIEF 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 Berthel Growth & Income Trust I (the
"Company") on Form 10-Q for the period ending September 30, 2007 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Ronald O. Brendengen, Chief Financial 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.


November 8, 2007                            /s/  Ronald O. Brendengen
                                            -----------------------------------
                                                 Ronald O. Brendengen
                                                 Chief Financial Officer
                                                 Berthel Fisher &
                                                 Company Planning, Inc.
                                                 Trust Advisor
                                                 Berthel Growth & Income Trust I
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

603 

KA 15-00261 

PRESENT: WHALEN, P.J., CARNI, NEMOYER, TROUTMAN, AND SCUDDER, JJ. 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, 

V MEMORANDUM AND ORDER

MARK KREBBEKS, DEFENDANT-APPELLANT. 

 

SESSLER LAW PC, GENESEO (STEVEN D. SESSLER OF COUNSEL), FOR

DEFENDANT-APPELLANT.

GREGORY J. MCCAFFREY, DISTRICT ATTORNEY, GENESEO (JOSHUA J. TONRA OF

COUNSEL), FOR RESPONDENT. 

 

Appeal from a judgment of the Livingston County Court (Robert B.

Wiggins, J.), rendered January 6, 2015. The judgment convicted

defendant, after a nonjury trial, of falsifying business records in

the first degree, making a punishable false written statement, and

falsely reporting an incident in the third degree. 

It is hereby ORDERED that the judgment so appealed from is

unanimously affirmed. 

Memorandum: Defendant appeals from a judgment convicting him

following a bench trial of falsifying business records in the first

degree (Penal Law § 175.10), making a punishable false written

statement (§ 210.45), and falsely reporting an incident in the third

degree (§ 240.50 [3] [a]). We reject defendant’s contention that the

evidence is not legally sufficient to support those convictions. 

Viewing the evidence in the light most favorable to the People, as we

must (see People v Contes, 60 NY2d 620, 621), we conclude that there

is a valid line of reasoning and permissible inferences that could

lead a rational person to the conclusion reached by County Court with

respect to each count (see People v Bleakley, 69 NY2d 490, 495; see

generally People v Danielson, 9 NY3d 342, 349). 

With respect to the count of falsifying business records in the

first degree, the evidence established that, at a bank, defendant

completed and signed a form wherein he alleged that another individual

had used his debit card without his permission and made a series of

unauthorized withdrawals from an ATM machine. Photographic evidence

taken at the ATM machine from the dates and times reported on the form

established that defendant himself made the alleged unauthorized

withdrawals. Thus, the evidence established that defendant

“inten[ded] to commit” the crime of larceny by seeking reimbursement

for overdraft fees associated with those transactions (Penal Law 
-2- 603 

KA 15-00261 

§ 175.10). 

With respect to the counts charging him with making a punishable

false written statement and falsely reporting an incident in the third

degree, we reject defendant’s contention that the evidence is legally

insufficient with respect to the element of knowledge. Defendant was

directed by bank personnel that he must file a criminal complaint in

order to recover overdraft fees he claimed were generated by the

unauthorized transactions, and the court was entitled to credit the

testimony of the People’s witnesses, and not defendant’s testimony, in

determining that defendant’s report of the theft to the police and his

written statement were knowingly false (see generally Danielson, 9

NY3d at 349; Bleakley, 69 NY2d at 495).

Entered: June 17, 2016 Frances E. Cafarell

Clerk of the Court