alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Susan Guarino et al., Appellants, v Abraham Lesser et al., Respondents.

In an action brought pursuant to EPTL 4-*4251.2 (a) (2) (C), the plaintiffs appeal from an order of the Supreme Court, Kings County (Krausman, J.), dated April 14, 1989, which granted the defendants’ motion for summary judgment.

Ordered that the order is affirmed, without costs or disbursements.

It is undisputed that the decedent died prior to the effective date of the amendment to EPTL 4-1.2 which provides, *inter alia,*that children born out of wedlock are the legitimate children of their father for inheritance purposes. It is also undisputed that the plaintiffs, the decedent’s children out of wedlock, were not eligible to share in the decedent’s estate under the statute as it existed at the time of the decedent’s death. As the amendment to this statute may be given prospective effect only, we agree with the Supreme Court that the plaintiffs are not entitled to share in the proceeds from the sale of their father’s estate *(see, Matter of Malavase,*133 AD2d 759). Mangano, P. J., Kunzeman, Kooper, Sullivan and Ritter, JJ., concur.
Eleventh Amendment of Taylor Capital Group, Inc.



 EXHIBIT 10.43 
  
 ELEVENTH AMENDMENT 
 OF 
 TAYLOR CAPITAL GROUP, INC. 
 PROFIT SHARING AND EMPLOYEE STOCK OWNERSHIP PLAN 
  
 (Effective as of October 1, 1998) 
  
 WHEREAS, Taylor Capital Group, Inc. (the “Company”) maintains the Taylor Capital Group, Inc. Profit Sharing and Employee Stock Ownership Plan (Effective as of October 1, 1998) (the “Plan”); and

  
 WHEREAS, it is now considered desirable to further amend the
Plan; 
  
 NOW, THEREFORE, by virtue of the power reserved to the
Company by subsection 17.1 of the Plan, and in exercise of the authority delegated to the Committee established pursuant to Section 18 of the plan (the “Committee”) by subsection 17.1 of the Plan, effective as of March 27, 2005, by
substituting “$1,000” for “$5,000” where the latter appears in subsection 11.1 and subparagraph 11.4(c) of the Plan. 
  
 IN WITNESS WHEREOF, the undersigned duly authorized member of the Committee has caused the foregoing amendment to be executed this 16th day of March 2005. 
  


	
	 /s/ MELVIN E. PEARL


	 On behalf of the Committee as Aforesaid
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1430 Placed on Calendar Senate (PCS)]

                                                        Calendar No. 56

103d CONGRESS

  1st Session

                               H. R. 1430

_______________________________________________________________________

                                 AN ACT

     To provide for a temporary increase in the public debt limit.

_______________________________________________________________________

                April 3 (legislative day, March 3), 1993

            Received, read twice and placed on the calendar

                                                        Calendar No. 56
103d CONGRESS
  1st Session
                                H. R. 1430

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                April 3 (legislative day, March 3), 1993

            Received; read twice and placed on the calendar

_______________________________________________________________________

                                 AN ACT

 
     To provide for a temporary increase in the public debt limit.

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

SECTION 1. TEMPORARY INCREASE IN PUBLIC DEBT LIMIT.

    During the period beginning on the date of the enactment of this 
Act and ending on September 30, 1993, the public debt limit set forth 
in subsection (b) of section 3101 of title 31, United States Code, 
shall be temporarily increased to $4,370,000,000,000.

            Passed the House of Representatives April 2 (legislative 
      day, April 1), 1993.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.
```
<PAGE>

                                                                 Exhibit 10.16.a

                            ASSIGNMENT AND AMENDMENT
                            TO EMPLOYMENT AGREEMENT

      This Assignment and Amendment to Employment Agreement is entered into
effective as of February 1, 1997 by and among Granite Construction Company
("Granite Co."), Granite Construction Incorporated ("Granite Inc.") and William
E. Barton (the "Executive").

      WHEREAS, Granite Co. and the Executive entered into an Employment
Agreement effective as of April 20, 1990 (the "Agreement").

      WHEREAS, subsequent to execution of the Agreement, Executive, along with
other executives of Granite Co., was formally employed by Granite Inc., the
parent of Granite Co.

      WHEREAS, the parties desire to transfer the obligations of Granite Co.
under the Agreement to Granite Inc.

      NOW THEREFORE, the parties agree as follows:

      1.    Assignment. All obligations of Granite Co. under the Agreement are
      hereby assigned to and assumed by Granite Inc.

      2.    Meaning of "Company". All references to "Company" in the Agreement
      as hereby amended, including expressly the references relating to change
      in control in Section 6 of the Agreement, are hereinafter references to
      Granite Inc.

<PAGE>

      3.    No Further Changes. Except as set forth herein the Agreement shall
      remain in full force and effect as originally written.

      IN WITNESS WHEREOF, the parties have executed this Assignment and
Amendment to Employment Agreement effective as the day and year first above
written.

GRANITE CONSTRUCTION COMPANY                   GRANITE CONSTRUCTION INCORPORATED

By: /s/ David H. Watts                         By: /s/ David H. Watts
    --------------------------                     -----------------------------

Title: David H. Watts                          Title: David H. Watts

EXECUTIVE

/s/ William E. Barton
------------------------------

William E. Barton
------------------------------
      Name (Please Print)
Exhibit 10.2

              Material Terms of Verbal Agreement with Taxplan Ltd.

Asia Payment System (HK) Ltd. purchased from Taxplan, Ltd., an automobile for
$3,200.  Edith Kam Ying Ho is an affiliate of Taxplan, Ltd.
EXHIBIT 32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of LeCroy
Corporation (the Company) on Form 10-Q for the quarter ended October 3, 2009 as filed with the Securities and Exchange Commission (the Report), I, Thomas H. Reslewic, Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



| | (1) | The Form 10-Q 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 Form 10-Q fairly presents, in all material respects, the financial condition and result of operations of the Company.
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------



|                        |  |                        
|----------------------- |  | -----------------------
|Date: November 12, 2009 |  |                        
|                        |  | /s/ Thomas H. Reslewic 
|                        |  | Thomas H. Reslewic     
|                        |  | Chief Executive Officer

A signed original of this written statement required by Section 906 has been provided to the
Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
[Federal Register Volume 65, Number 233 (Monday, December 4, 2000)]
[Notices]
[Page 75688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30772]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL01-17-000]


New York Independent System Operator, Inc., Complainant v. New 
York State Electric & Gas Corporation, Respondent; Notice of Complaint

November 28, 2000.
    Take notice that on November 24, 2000, the New York Independent 
System Operator, Inc. (NYISO) filed a Complaint pursuant to Section 206 
of the Federal Power Act, and Rule 206 of the Commission's Rules of 
Practice and Procedure, against the New York State Electric and Gas 
Corporation (NYSEG) alleging that NYSEG has violated its obligations as 
a customer under the NYISO's Open Access Transmission Tariff (OATT) by 
unlawfully withholding $6.635 million that it owes the NYISO. By 
withholding this payment, NYSEG directly threatens the NYISO, and 
indirectly threatens other market participants, with serious financial 
harm. Accordingly, the NYISO has requested that the Commission: (i) 
consider the Complaint pursuant to its Fast-Track Processing 
procedures; (ii) declare that NYSEG is in violation of its obligations 
as a customer under the NYISO OATT and must immediately pay the full 
amount that it owes to the NYISO; and (iii) order NYSEG to make the 
payment immediately.
    The NYISO has served this filing on NYSEG. The Complaint will be 
posted on the NYISO's web-site at http://www.nyiso.com/topics/
whats__new/whatsnew.html.
    Any person desiring to be heard or to protest this filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, NE, Washington, DC 20426, in 
accordance with Rules 211 and 214 of the Commission's Rules of Practice 
and Procedure (18 CFR 385.211 and 385.214). All such motions or 
protests must be filed on or before December 6, 2000. 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 
proceeding. 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 also be viewed on the Internet at http://www.ferc.fed.us/online/rims.htm (call 202-208-2222) for assistance. Answers to the 
complaint shall also be due on or before December 6, 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.

Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 00-30772 Filed 12-1-00; 8:45 am]
BILLING CODE 6717-01-M
103D CONGRESS

2D SESSION H. J. RES. 401

JOINT RESOLUTION

Designating the months of March 1995 and March 1996

as ‘‘Irish-American Heritage Month’’.

Whereas 150 years ago, the blight that struck Ireland’s potato crop (‘‘the single root that changed the history of

the world’’), known as the Great Famine, caused

2,000,000 of Ireland’s population to emigrate, mostly to

America’s shores;

Whereas in 1847 alone, 25,000 Irish immigrants arrived in

Boston;
2

•HJ 401 EH

Whereas by 1851, the end of the famine exodus, 1,712 emigrant ships had sailed up the Narrows into New York

harbor;

Whereas during the ‘‘Great Hunger’’ (1845–1851) more people left Ireland than had emigrated in the previous 250

years;

Whereas within a few years of their arrival in the United

States, these Irish immigrants took jobs as laborers, built

railroads, canals, and schools, dedicated themselves to

help build this Nation, and this same legacy remains a

part of today’s American mainstream;

Whereas James Smith, George Taylor, Matthew Thornton,

and Charles Thomson, 4 of the individuals who signed

the Declaration of Independence, were Irish born and 9

other signers were of Irish ancestry;

Whereas Irish-born James Hoban designed and supervised

the building of the White House and its restoration after

it was burned in 1814;

Whereas more than 200 Irish-Americans have been awarded

the Congressional Medal of Honor;

Whereas 19 Presidents of the United States proudly claim

Irish heritage, included among them, the first President,

George Washington;

Whereas John W. O’Beirne, Founder of the American Foundation for Irish Heritage, first requested in 1990 that

Congress designate March as ‘‘Irish-American Heritage

Month’’; and

Whereas the 44,000,000 Americans of Irish ancestry, like

their forebearers, continue to enrich all aspects of life in

the United States, in science, education, art, agriculture,
3

•HJ 401 EH

business, industry, literature, music, athletics, military

and governmental service: Now, therefore, be it

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 That the months of March 1995 and March 1996 are des4 ignated as ‘‘Irish-American Heritage Month’’. The Presi5 dent is authorized and requested to issue a proclamation

6 calling upon the people of the United States to observe

7 these months with appropriate ceremonies and activities.

Passed the House of Representatives September 30,

1994.

Attest:

Clerk.
103D CONGRESS

2D SESSION H. J. RES. 401

JOINT RESOLUTION

Designating the months of March 1995 and March

1996 as ‘‘Irish-American Heritage Month’’.
EXHIBIT 32

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Apex Silver Mines Limited (the Company) on
Form 10-Q for the quarter ended September 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned hereby certifies, pursuant to 18 U.S.C. §1350, as adopted pursuant to
§ 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/ Jeffrey G. Clevenger                         
|Jeffrey G. Clevenger                             
|President and Chief Executive Officer            
|November 10, 2008                                
|                                                 
|/s/ Gerald J. Malys                              
|Gerald J. Malys                                  
|Senior Vice President and Chief Financial Officer
|November 10, 2008
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1140 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1140

 To provide for the treatment of certain aircraft equipment settlement 
                                leases.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 25, 1993

Mr. Brooks introduced the following bill; which was referred jointly to 
        the Committees on the Judiciary and Education and Labor

_______________________________________________________________________

                                 A BILL

 
 To provide for the treatment of certain aircraft equipment settlement 
                                leases.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Aircraft Equipment Settlement Leases 
Act of 1993''.

SEC. 2. TREATMENT OF AIRCRAFT EQUIPMENT SETTLEMENT LEASES WITH THE 
              PENSION BENEFIT GUARANTY CORPORATION.

    In the case of any settlement of liability under title IV of the 
Employee Retirement Income Security Act of 1974 entered into by the 
Pension Benefit Guaranty Corporation and one or more other parties, 
if--
            (1) such settlement was entered into before, on, or after 
        the date of enactment of this Act,
            (2) at least one party to such settlement was a debtor 
        under title 11 of the United States Code, and
            (3) an agreement that is entered into as part of such 
        settlement provides that such agreement is to be treated as a 
        lease,
then such agreement shall be treated as a lease for purposes of section 
1110 of such title 11.

                                 <all>
```
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 62 Enrolled Bill (ENR)]

        H.J.Res.62

                      One Hundred Eleventh Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
             the sixth day of January, two thousand and nine

                            Joint Resolution

 
 Appointing the day for the convening of the second session of the One 
                       Hundred Eleventh Congress.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the second regular 
session of the One Hundred Eleventh Congress shall begin at noon on 
Tuesday, January 5, 2010.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
<PAGE>   1


                                                               EXHIBIT 10(c)(11)



                 AMENDMENT TEN TO INSURANCE PROCESSING AGREEMENT

This document is Amendment Nine to the Insurance Processing Agreement
("Agreement"), made and entered into effective June 1, 1993, and amended by
Amendment One to Insurance Processing Agreement dated June 4, 1998; Amendment
Two to Insurance Processing Agreement dated September 25, 1998; Amendment Three
to Insurance Processing Agreement dated October 19, 1998; Amendment Four to
Insurance Processing Agreement dated December 15, 1998, Amendment Five to
Insurance Processing Agreement dated March 25, 1999, Amendment Six to Insurance
Processing Agreement dated May 10, 1999, Amendment Seven to Insurance Processing
Agreement dated June 24, 1999, Amendment Eight to Insurance Processing Agreement
dated August 5, 1999, and Amendment Nine to Insurance Processing Agreement dated
October 1, 1999 (the "Agreement"), by and between American National Insurance
Company ("American National") a Texas corporation, and Legacy Insurance
Processing Group ("LMG"), a California corporation.

In consideration of mutual covenants contained herein, the parties agree as
follows:

1. "Section 6.1" of the Agreement is hereby deleted in its entirety and the
   following new Section 6.1 shall be substituted therefore:

"Subject to termination as hereinafter provided, this Agreement shall remain in
force and effect until the close of business on February 29, 2000, the term of
this Agreement. This Agreement may be renewed by mutual agreement for additional
successive terms of one (1) year unless terminated by either party by prior
written notice to the other at least one hundred eighty (180) days prior to the
end of the initial term or the renewal term."

Except as specifically amended hereby, all terms and provisions of the Insurance
Processing Agreement shall remain in full force and effect.

IN WITNESS HEREOF, the parties hereto have executed this Agreement.


LEGACY MARKETING GROUP                  AMERICAN NATIONAL INSURANCE
                                        COMPANY


By: /s/ DAVID A. SKUP                   By: /s/ DAVID BEHRENS
   --------------------------------        -----------------------------------

Title: CFO                              Title: Exec VP Ind. MKTG
      -----------------------------           --------------------------------

Witness: /s/ STEPHANIE MOLTENI          Witness: /s/ LORI L. HERRER
        ---------------------------             ------------------------------

Date:          1-31-2000                Date:   1/28/2000
     ------------------------------          ---------------------------------
I

103D CONGRESS

1ST SESSION H. R. 156

To amend the National Flood Insurance Act of 1968 to provide that, under

the national flood insurance program, payment for a flood insurance

claim for substantial damage incurred by a structure shall include

amounts for 75 percent of the costs of elevating the structure to the

height necessary to comply with the requirements for continued flood

insurance coverage.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mr. DEUTSCH (for himself, Ms. ROS-LEHTINEN, and Ms. MEEK) introduced

the following bill; which was referred to the Committee on Banking and

Finance

A BILL

To amend the National Flood Insurance Act of 1968 to

provide that, under the national flood insurance program,

payment for a flood insurance claim for substantial damage incurred by a structure shall include amounts for

75 percent of the costs of elevating the structure to

the height necessary to comply with the requirements

for continued flood insurance coverage.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 156 IH

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Flood Elevation Reim3 bursement Act of 1993’’.

4 SEC. 2. COVERAGE OF COSTS OF ELEVATING STRUCTURES.

5 Section 1306 of the National Flood Insurance Act of

6 1968 (42 U.S.C. 4013) is amended by adding at the end

7 the following new subsection:

8 ‘‘(d) COVERAGE OF ELEVATION COSTS.—Pursuant

9 to an approved claim in accordance with the regulations

10 issued to carry out this title, if any structure covered by

11 a contract for flood insurance incurs damage or loss aris12 ing from any flood that is equal to or exceeds 50 percent

13 of the value of the structure before such damage or loss,

14 the payment under the flood insurance contract for such

15 claim shall include, to the extent of the coverage under

16 such contract, amounts for the costs of elevating such

17 structure to the height necessary for the structure to be

18 eligible for a new contract for flood insurance under this

19 title, except that in no case may such amounts exceed 75

20 percent of such costs.’’.

21 SEC. 3. APPLICABILITY.

22 (a) IN GENERAL.—The amendment made by section

23 2 shall apply to any damage or loss incurred on or after

24 August 24, 1992.

25 (b) RETROACTIVE PAYMENTS.—The Director of the

26 Federal Emergency Management Agency shall provide for
3

•HR 156 IH

1 making any additional payments required by such amend2 ment under any claims for such damage that were ap3 proved before the date of the enactment of this Act.

Æ