alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-1796

BILLY J. GIBSON,

Petitioner,

versus

DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES OF LABOR; BULLION HOLLOW

ENTERPRISES,

Respondents.

On Petition for Review of an Order for the Benefits Review Board.

(97-1127)

Submitted: November 30, 1998 Decided: December 21, 1998

Before WILKINS and TRAXLER, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Billy J. Gibson, Petitioner Pro Se. James Byron Leonard, UNITED

STATES DEPARTMENT OF LABOR, Arlington, Virginia; Michael Francis

Blair, PENN, STUART & ESKRIDGE, Abingdon, Virginia, for Respondents.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Billy Gibson seeks review of the Benefits Review Board’s decision and order affirming the administrative law judge’s denial of

black lung benefits pursuant to 30 U.S.C.A. §§ 901-945 (West 1986

& Supp. 1998). Our review of the record discloses that the Board’s

decision is based upon substantial evidence and is without reversible error. Accordingly, we affirm on the reasoning of the Board.

See Gibson v. DOWCP, No. 97-1127 (B.R.B. May 12, 1998). We dispense with oral argument because the facts and legal contentions

are adequately presented in the materials before the court and

argument would not aid the decisional process.

AFFIRMED
EXHIBIT
      10.9

    


    21st
      Century
      Holding Company, Inc. made a severance payment to Michele Lawson, one of its
      co-founders in the amount of $300,000 on July 2, 2008.
UNITED STATES
                       SECURITIES AND EXCHANGE COMMISSION
                              Washington, DC 20549


                                   FORM 8-K/A

                                 CURRENT REPORT

                     PURSUANT TO SECTION 13 OR 15(d) OF THE

                         SECURITIES EXCHANGE ACT OF 1934

                         ______________________________

       DATE OF REPORT (Date of earliest event reported): December 14, 2004

                         ______________________________

                           FIRST MERCHANTS CORPORATION
             (Exact Name of Registrant as Specified in its Charter)

                         _______________________________

          INDIANA                   0-17071                 35-1544218
(State or other jurisdiction (Commission File Number)      (IRS Employer
     of incorporation)                                   Identification No.)


                             200 East Jackson Street
                                  P.O. Box 792
                              Muncie, IN 47305-2814
          (Address of Principal Executive Offices, including Zip Code)


                                 (765) 747-1500
              (Registrant's Telephone Number, including Area Code)



<PAGE>



         Check the appropriate box below if the Form 8-K filing is intended to
simultaneously  satisfy the filing obligation of the registrant under any of the
following provisions:

[ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)

[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)

[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange
Act (17 CFR 240.14d-2(b))

[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange
Act (17 CFR 240.13e-4(c))


Item 5.02.         Departure of Directors or Principal Officers; Election of
                   Directors; Appointment of Principal Officers.

         (d)      First Merchants Corporation (the "Corporation")  previously
reported on a Form 8-K,  dated  December 14,  2004,  that Dr. Jo Ann M. Gora had
been appointed to the Corporation's Board of Directors.

         On April 14, 2005, Dr. Gora was appointed to the Audit Committee of the
 Corporation's Board of Directors.



<PAGE>


                                   SIGNATURES

         Pursuant to the  requirements of the Securities  Exchange Act  of 1934,
the  Registrant  has duly  caused  this report to be signed on its behalf by the
undersigned hereunto duly authorized.

         DATE:  April 15, 2005.

                                                     FIRST MERCHANTS CORPORATION


                                                     By:  /s/ Larry R. Helms
                                                            Larry R. Helms,
                                                           Senior Vice President
UNITED STATES


SECURITIES AND EXCHANGE COMMISSION


Washington, DC 20549





FORM 8-K





CURRENT REPORT


PURSUANT TO SECTION 13 OR 15(d) OF THE


SECURITIES EXCHANGE ACT OF 1934





DATE OF REPORT (Date of earliest event reported): August 22, 2013





Commission File Number 0-17071





FIRST MERCHANTS CORPORATION


(Exact name of registrant as specified in its charter)








INDIANA35-1544218(State or other jurisdiction of incorporation)(IRS Employer Identification No.)





200 East Jackson Street


P.O. Box 792


Muncie, IN 47305-2814


(Address of principal executive offices, including zip code)





(765) 747-1500


(Registrant's telephone number, including area code)





Not Applicable


(Former name or former address, if changed since last report)





Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:





o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)


o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)


o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))


o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))





---













ITEM 8.01 OTHER EVENTS





On August 22, 2013, First Merchants Corporation issued a press release announcing the declaration of a cash dividend of $0.05 per share. The cash dividend is payable on September 20, 2013 to stockholders of record as of September 6, 2013. A copy of the press release is furnished as Exhibit 99.1 to this Current Report on Form 8-K.





The information in this Form 8-K and the attached exhibit shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing.





ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS.





(a)        Not applicable.





(b)        Not applicable.





(c)        Exhibits.








Exhibit 99.1Press Release dated August 22, 2013 issued by First Merchants Corporation








---







SIGNATURES





Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.





First Merchants Corporation


(Registrant)





By: /s/Mark K. Hardwick


Mark K. Hardwick


Executive Vice President and Chief Financial Officer


(Principal Financial and Principal Accounting Officer)








Dated: August 22, 2013








---







EXHIBIT INDEX








Exhibit No.Description99.1Press Release, dated August 22, 2013 issued by First Merchants Corporation
**Exhibit
      32.2**





**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 of Sunrise Energy Resources, Inc. a Delaware
      corporation (the “Company”) on Form 10-KSB for the period ending December 31,
      2006, as filed with the Securities and Exchange Commission on the date hereof
      (the “Report”), Roman Livson, Principal Financial Officer of the Company,
      certifies to the best of his knowledge, 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.





A
      signed
      original of this written statement required by Section 906 has been provided
      to
      Sunrise Energy Resources, Inc., and will be retained by Sunrise Energy
      Resources, Inc. and furnished to the Securities and Exchange Commission or
      its
      staff upon request.






Date:
                April 2, 2007By:
            /s/
                Roman LivsonRoman
                LivsonChief
                Financial Officer
**EXHIBIT 32**

**CERTIFICATION OF CHIEFEXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

    I, Peter Boneparth, certify, pursuant to 18 U.S.C. Section1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, thatthe Annual Report of Jones Apparel Group, Inc. on Form 10-K for the fiscalyear ended December 31, 2005 fully complies with the requirements of Section13(a) or 15(d) of the Securities Exchange Act of 1934 and that informationcontained in such Quarterly Report on Form 10-Q fairly presents in all materialrespects the financial condition and results of operations of Jones ApparelGroup, Inc.

By: /s/ Peter Boneparth

Name: Peter Boneparth Title: President and Chief Executive Officer

 

*A signed original of this written statement required bySection 906 has been provided to Jones Apparel Group, Inc. and will be retainedby Jones Apparel Group, Inc. and furnished to the Securities and ExchangeCommission or its staff upon request.*

 

    I, Wesley R. Card, certify, pursuant to 18 U.S.C. Section1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, thatthe Annual Report of Jones Apparel Group, Inc. on Form 10-K for the fiscalyear ended December 31, 2005 fully complies with the requirements of Section13(a) or 15(d) of the Securities Exchange Act of 1934 and that informationcontained in such Quarterly Report on Form 10-Q fairly presents in all materialrespects the financial condition and results of operations of Jones ApparelGroup, Inc.

By: /s/ Wesley R. Card

Name: Wesley R. Card Title: Chief Operating and Financial Officer

 

*A signed original of this written statement required bySection 906 has been provided to Jones Apparel Group, Inc. and will be retainedby Jones Apparel Group, Inc. and furnished to the Securities and ExchangeCommission or its staff upon request.*
11 TH COURT OF APPEALS

EASTLAND

, TEXAS

JUDGMENT

William Brady Roe

, * From the 220th District Court

o f Comanche County,

Trial Court No

. C R 04494

Vs. No. 11

- 21

- 00 157

- CR * February 9 , 2023

The State of Texas

, * Opinion by Bailey

, C. J

. (P anel consists of: Bailey , C.J.,

Trotter, J., and Williams, J. )

This court has inspected the record in this cause and concludes that there is no

error in the judgment below. Therefore, in accordance with this court ’ s opi nion,

the judgment of the trial court is in all things affirmed.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

JASWINDER SINGH BILLING,

 Petitioner,

 v.

LORETTA E. LYNCH, Attorney General,

 Respondent.

No. 12-70762

Agency No. A075-307-053

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted January 7, 2016** 

San Francisco, California

Before: WALLACE and KOZINSKI, Circuit Judges, and WHALEY,*** Senior

District Judge.

 

Jaswinder Singh Billing, a native and citizen of India, petitions for review of

the Board of Immigration Appeals’ (Board) order dismissing his appeal from an

FILED

JAN 12 2016

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

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

except as provided by 9th Cir. R. 36-3.

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

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

 *** The Honorable Robert H. Whaley, Senior District Judge for the U.S.

District Court for the Eastern District of Washington, sitting by designation.
immigration judge’s (IJ) decision denying his claims for asylum, withholding of

removal, and relief under the Convention Against Torture (CAT). We have

jurisdiction under 8 U.S.C. § 1252. We deny the petition for review.

In this pre-REAL ID Act case, the Board must identify a “specific, cogent

reason” supporting its adverse credibility finding. Chebchoub v. INS, 257 F.3d

1038, 1044 (9th Cir. 2001). At least one of the reasons that gave rise to the adverse

credibility finding must “go to the heart of [the] asylum claim.” Id. at 1043

(internal quotation marks omitted). 

Substantial evidence supports the agency’s adverse credibility

determination. See id. at 1042. Billing’s testimony was internally inconsistent and

conflicted with information provided by Billing’s father. The Board reasonably

determined that Billing had not credibly established essential facts relating to his

arrests and the events leading up to his departure from India, and we may not

reverse the Board’s decision unless “any reasonable adjudicator would be

compelled to conclude to the contrary.” 8 U.S.C. § 1252(b)(4)(B). The events

leading up to Billing’s departure from India are at the heart of his claim for asylum.

In the absence of credible testimony, Billing’s claims for asylum and withholding

of removal fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

2 12-70762
Billing’s CAT claim is based on his own testimony and country background

evidence. The Board determined that Billing’s country background evidence did

not independently support his claim for CAT relief, and Billing does not contest

that determination on appeal. The only remaining evidence in support of Billing’s

CAT claim is testimony that was found to be not credible. Thus, the Board’s

rejection of his CAT claim was supported by substantial evidence. See Shrestha v.

Holder, 590 F.3d 1034, 1048 (9th Cir. 2010).

PETITION FOR REVIEW DENIED.

3 12-70762
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF BAYCORP HOLDINGS, LTD. FOR THE NINE MONTHS ENDED
SEPTEMBER 30, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<EXCHANGE-RATE>                                      1
<CASH>                                           1,000
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 1,000
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                   1,000
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<COMMON>                                            10
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                         990
<TOTAL-LIABILITY-AND-EQUITY>                     1,000
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         0
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
F - 4

Chippers
F - 5

0

10

20

30

40

50

60

70

80

90

100

50 100 150 200 250 300 350 400 450 500 550

Temperature oC

Percent Operation

2001 Cummins B3.3 

85 BHP

Figure 1: Cecert 16 Exhaust Temperature Profile

Application: Chipper

Figure 2: Cecert 17 Exhaust Temperature Profile

Application: Chipper

0

10

20

30

40

50

60

70

80

90

100

50 100 150 200 250 300 350 400 450 500

Temperature oC

Percent Operation

2000 Cummins B3.3

85BHP
F - 6

Figure 3: Cecert 18 Exhaust Temperature Profile

Application: Chipper

0

10

20

30

40

50

60

70

80

90

100

50 100 150 200 250 300 350 400 450 500

Temperature oC

Percent Operation

2000 Cummins

Model B3.3 85 BHP

 Figure 4: Cecert 23 Exhaust Temperature Profile

Application: Chipper

0

10

20

30

40

50

60

70

80

90

100

50 150 250 350 450 550 650

Temperature oC

Percent Operation

"Perkins Model 866607 

80 BHP
F - 7

Figure 5: Cecert 24 Exhaust Temperature Profile 

Application: Chipper

0

10

20

30

40

50

60

70

80

90

100

50 150 250 350 450 550

Temperature oC

Percent Operation

Perkins England

Figure 6: 2526069 Exhaust Temperatures Profile

Application: Chipper

0

10

20

30

40

50

60

70

80

90

100

50 150 250 350 450 550

Temperature oC

Percent Operation

"Perkins Model 4.236 

80 BHP"
F - 8

Figure 7: 2526822 Exhaust Temperatures Profile

Application: Chipper

0

10

20

30

40

50

60

70

80

90

100

50 150 250 350 450 550

Temperature oC

Percent Operation

Perkins Model 4.236/ld 33777 

80 BHP
**Exhibit 31.2**
**Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002**
I, Thomas D. Davis, certify that:
 1. I have reviewed this quarterly report of Xybernaut Corporation;  2. Based on my knowledge, this quarterly report does not contain anyuntrue statement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect tothe period covered by this quarterly report;  3. Based on my knowledge, the financial statements, and other financialinformation included in this quarterly report, fairly present in allmaterial respects the financial condition, results of operations andcash flows of the registrant as of, and for, the periods presented inthis quarterly report;  4. The registrant’s other certifying officers and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and have:
(a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure thatmaterial information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this quarterly report is being prepared;
(b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectivenessof the disclosure controls and procedures, as of the end of the period coveredby this report based on such evaluation; and
(c) Disclosed in this report any change in the registrant’s internal controlover financial reporting that occurred during the registrant’s most recentfiscal quarter that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financial reporting;and
 5. The registrant’s other certifying officers and I have disclosed, basedon our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of theregistrant’s board of directors (or persons performing the equivalentfunctions):
(a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonablylikely to adversely affect the registrant’s ability to record, process,summarize and report financial information; and
(b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.
August 6, 2004
XYBERNAUT CORPORATION     /s/ THOMAS D. DAVIS   Thomas D. Davis Senior Vice President and Chief Financial Officer
11TH COURT OF APPEALS

EASTLAND, TEXAS

JUDGMENT

William Brady Roe, * From the 220th District Court

of Comanche County,

Trial Court No. CR04494

Vs. No. 11-21-00157-CR * February 9, 2023

The State of Texas, * Opinion by Bailey, C.J.

(Panel consists of: Bailey, C.J.,

Trotter, J., and Williams, J.)

This court has inspected the record in this cause and concludes that there is no 

error in the judgment below. Therefore, in accordance with this court’s opinion, 

the judgment of the trial court is in all things affirmed.
# Официален вестник C 265A/13 а

| | ISSN 1977-0855 |
| --- | --- |
| Официален вестник
  на Европейския съюз | C 265A |
| | |
| Издание на български език | Информация и известия | Година 5813 август 2015 г. |

ISSN 1977-0855

Официален вестник

на Европейския съюз

C 265A

Издание на български език

Информация и известия

Година 5813 август 2015 г.

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| Известие No | Съдържание | Страница |
| --- | --- | --- |
| | V   Становища |
| | АДМИНИСТРАТИВНИ ПРОЦЕДУРИ |
| | Съвет |
| 2015/C 265A/01 | Известие за оттегляне на обявление | 1 |

Известие No

Съдържание

Страница

V   Становища

АДМИНИСТРАТИВНИ ПРОЦЕДУРИ

Съвет

2015/C 265A/01

Известие за оттегляне на обявление

1

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| BG | |
| --- | --- |

BG

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V Становища

АДМИНИСТРАТИВНИ ПРОЦЕДУРИ

Съвет

| 13.8.2015 | BG | Официален вестник на Европейския съюз | CA 265/1 |
| --- | --- | --- | --- |

13.8.2015

BG

Официален вестник на Европейския съюз

CA 265/1

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ИЗВЕСТИЕ ЗА ОТТЕГЛЯНЕ НА ОБЯВЛЕНИЕ

(2015/C 265 A/01)

Процедурата за подбор CONS/AD/113:

| — | Директор, Правна служба, Дирекция 3 (Външни отношения), |
| --- | --- |

—

Директор, Правна служба, Дирекция 3 (Външни отношения),

обявление за която беше публикувано в Официален вестник на Европейския съюз
   (1), се отменя.

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(1)  ОВ C 119 A, 14.4.2015 г., стр. 18.

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