alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOTE: This disposition is nonprecedential.



## United States Court of Appeals for the Federal Circuit

2007-5053

DIE CASTERS INTERNATIONAL, INC.,

Plaintiff-Appellant,

v.

UNITED STATES,

Defendant-Appellee.

Gary Marcus , Gary Marcus Attorney At Law, P.C., of Garden City, New York,

argued for plaintiff-appellant.

Leslie Cayer Ohta , Attorney, Commercial Litigati on Branch, Civil Division, United

States Department of Justic e, of Washington, DC, argued for defendant-appellee. With

her on the brief were Peter D. Keisler , Acting Attorney General, Jeanne E. Davidson

, Director, and Bryant G. Snee , Deputy Director.

Appealed from: United States Court of Federal Claims

Judge Susan G. BradenNOTE: This disposition is nonprecedential.



# United States Court of Appeals for the Federal Circuit

2007-5053

DIE CASTERS INTERNATIONAL, INC.,

Plaintiff-Appellant,

v.

UNITED STATES,

Defendant-Appellee.



# Judgment

ON APPEAL from the UNITED STATES COURT OF FEDERAL CLAIMS

in CASE NO(S). 04-CV-1113

This CAUSE having been he ard and considered, it is

ORDERED and ADJUDGED:

Per Curiam (SCHALL, Circuit Judge , CLEVENGER, Senior Circuit Judge , and

MOORE, Circuit Judge .)

AFFIRMED. See Fed. Cir. R. 36.



### ENTERED BY ORDER OF THE COURT

DATED: October 9, 2007 /s/ Jan Horbaly

Jan Horbaly, Clerk
EXHIBIT 32.1





CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the quarterly report of TRIPLE A MEDICAL, INC. (the “Company”) on Form 10-Q for the period ended March 31, 2010 as filed with the Securities and Exchange Commission (the “Report”), each of the undersigned, in the capacities and on the dates indicated below, hereby certifies 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 results of operation of the Company.








Dated:  May 17, 2010





/s/ P. Morgan McCune





Name: P. Morgan McCune


Title:  Chief Executive Officer











Dated:  May 17, 2010





/s/ P. Morgan McCune





Name: P. Morgan McCune


Title:  Chief Financial Officer
##### 



(ANDREWS KURTH LOGO)
    
    600 Travis, Suite 4200Houston, Texas 77002
713.220.4200 Phone
713.220.4285 Fax
andrewskurth.com
 Exhibit 8.1
  th
REMOTE ONE R1ghr Conrrol 

### IMBAUCAMERA SIGN
EXHIBIT
32: Rule 13a-14(b) Certification





Pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officer of China Dasheng
Biotechnology Company. (the “Company”) certifies that:




1.           
The Quarterly Report on Form 10-Q of the Company for the period ended March 31,
2008 (the “Report”) fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d));
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:  November
      14, 2008
            By: /s/
      Qi JinjunQi
      Jinjun, Chief Executive Officer and Chief Financical
    Officer
# C_2022234EN.01000101.xml

| 17.6.2022 | EN | Official Journal of the European Union | C 234/1 |
| --- | --- | --- | --- |

17.6.2022

EN

Official Journal of the European Union

C 234/1

---

Non-opposition to a notified concentration

(Case M.10743 – TOWERBROOK / GSF)

(Text with EEA relevance)

(2022/C 234/01)

On 8 June 2022, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32022M10743. EUR-Lex is the online point of access to European Union law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32022M10743. EUR-Lex is the online point of access to European Union law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

---
Exhibit








Exhibit 10.3


AMENDMENT TO EMPLOYMENT AGREEMENT


    
This AMENDMENT TO EMPLOYMENT AGREEMENT is entered into this 17th day of August, 2017, between CNO Financial Group, Inc. (the “Company”) and Erik M. Helding (“Executive”).


Recitals


A.The Company and Executive entered into an Employment Agreement dated as of April 8, 2016 (the “Agreement”).


B.The Company and Executive desire to amend the Agreement as set forth herein. 
    
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged:




		
	1.
	The first two sentences of Section 10(c) of the Agreement are hereby amended in their entirety to read as follows:




Executive’s employment may be terminated in a Control Termination.  A “Control Termination” shall mean any termination by the Company (or its successor), of Executive’s employment for any reason, or by Executive With Reason as so defined, within six months in anticipation of or within two years following a Change in Control.  


All other provisions of Section 10(c) of the Agreement shall remain unchanged.


		
	2.
	The first sentence of Section 11(d) of the Agreement is hereby amended in its entirety to read as follows:  




In the event that Executive is terminated by the Company (or its successor) in a Control Termination as so defined, or if Executive terminates his employment With Reason in a Control Termination, then the Company shall pay Executive within 30 days of the Termination Date the Accrued Amounts.  


All other provisions of Section 11(d) of the Agreement shall remain unchanged.













All provisions of the Agreement not amended hereby shall remain in full force and effect.


IN WITNESS WHEREOF, the parties have executed this Amendment to Employment Agreement as of the date first above written.


CNO FINANCIAL GROUP, INC.


	
		
	By:
	/s/ Edward J. Bonach

	 
	Edward J. Bonach

	 
	Chief Executive Officer






	
		
	 
	/s/ Erik M. Helding

	 
	Erik M. Helding

	 
	 








2
# Official Journal C 308/2010

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2010.308.eng |
| --- | --- |
| Official Journal
  of the European Union | C 308 |
| | |
| English edition | Information and Notices | Volume 5312 November 2010 |

ISSN 1725-2423

doi:10.3000/17252423.C_2010.308.eng

Official Journal

of the European Union

C 308

English edition

Information and Notices

Volume 5312 November 2010

---

| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2010/C 308/01 | Communication from the Commission to the European Parliament, the Council and the Court of Auditors — Annual accounts of the European Union — Financial year 2009 — Consolidated financial statements and consolidated reports on implementation of the budget | 1 |
| 2010/C 308/02 | The Court’s Statement of assurance provided to the European Parliament and the Council — independent auditor’s report | 129 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2010/C 308/01

Communication from the Commission to the European Parliament, the Council and the Court of Auditors — Annual accounts of the European Union — Financial year 2009 — Consolidated financial statements and consolidated reports on implementation of the budget

1

2010/C 308/02

The Court’s Statement of assurance provided to the European Parliament and the Council — independent auditor’s report

129

---

| EN | |
| --- | --- |

EN
xml version="1.0" encoding="UTF-8"?


C\_2022255EN.01000701.xml


| | | | |
| --- | --- | --- | --- |
| 4.7.2022 | EN | Official Journal of the European Union | C 255/7 |

---

Prior notification of a concentration

(Case M.10829 – KKR / HITACHI TRANSPORT SYSTEM)

Candidate case for simplified procedure

(Text with EEA relevance)

(2022/C 255/07)

1.

On 24 June 2022, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 [(1)](#ntr1-C_2022255EN.01000701-E0001).

This notification concerns the following undertakings:

| | |
| --- | --- |
| — | KKR & Co. Inc. (U.S.), |

| | |
| --- | --- |
| — | Hitachi Transport System, Ltd. (Japan). |

KKR & Co. Inc. will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Hitachi Transport System.

The concentration is accomplished by way of public bid announced on 28 April 2022.

2.

The business activities of the undertakings concerned are the following:

| | |
| --- | --- |
| — | KKR & Co. is a global investment firm that offers alternative asset management as well as capital markets and insurance solutions. KKR sponsors investment funds that invest in private equity, credit and real assets and has strategic partners that manage hedge funds, |

| | |
| --- | --- |
| — | Hitachi Transport System is a Japan-based company active in the provision of general contract logistics services and freight forwarding services. |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [(2)](#ntr2-C_2022255EN.01000701-E0002) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.10829 – KKR / HITACHI TRANSPORT SYSTEM

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

| |
| --- |
| European Commission |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

---

[(1)](#ntc1-C_2022255EN.01000701-E0001)  [OJ L 24, 29.1.2004, p. 1](http://publications.europa.eu/resource/oj/JOL_2004_024_R_TOC) (the ‘Merger Regulation’).

[(2)](#ntc2-C_2022255EN.01000701-E0002)  [OJ C 366, 14.12.2013, p. 5](http://publications.europa.eu/resource/oj/JOC_2013_366_R_TOC).

---
Order entered June 29, 2015

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-14-01374-CR

GAYLON DAVIS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 4

Dallas County, Texas

Trial Court Cause No. F12-33585-K

ORDER

The Court ORDERS the trial court to conduct a hearing to determine why appellant’s 

brief has not been filed. In this regard, the trial court shall make appropriate findings and 

recommendations and determine whether appellant desires to prosecute the appeal, whether 

appellant is indigent, or if not indigent, whether retained counsel has abandoned the appeal. See

TEX. R. APP. P. 38.8(b). If the trial court cannot obtain appellant’s presence at the hearing, the 

trial court shall conduct the hearing in appellant’s absence. See Meza v. State, 742 S.W.2d 708 

(Tex. App.–Corpus Christi 1987, no pet.) (per curiam). If appellant is indigent, the trial court is 

ORDERED to take such measures as may be necessary to assure effective representation, which 

may include appointment of new counsel.
We ORDER the trial court to transmit a record of the proceedings, which shall include 

written findings and recommendations, to this Court within THIRTY DAYS of the date of this 

order.

This appeal is ABATED to allow the trial court to comply with the above order. The 

appeal shall be reinstated thirty days from the date of this order or when the findings are 

received, whichever is earlier.

/s/ ADA BROWN 

JUSTICE
COURT OF APPEALS 

SECOND DISTRICT OF TEXAS 

FORT WORTH 

NO. 02-16-00191-CV 

LYNN DAVIS, RANDY GREEN, 

AND PATRICK RUCKER 

 APPELLANTS

V. 

MOUNT GILEAD BAPTIST 

CHURCH, JOYCE BRITT, ERNEST 

MACKEY, PATRICIA WILLIAMS, 

AND JANNIS DILWORTH, 

INDIVIDUALLY AND AS 

REPRESENTATIVES OF THE 

CHURCH MEMBERS 

 APPELLEES

---------- 

FROM THE 141ST DISTRICT COURT OF TARRANT COUNTY 

TRIAL COURT NO. 141-285618-16 

---------- 
2 

MEMORANDUM OPINION1

---------- 

This is an attempted interlocutory appeal from the trial court’s denial of a 

plea to the jurisdiction in which appellants Lynn Davis, Randy Green, and Patrick 

Rucker claimed that the suit against them should be dismissed because the 

individual appellees2 lack standing to sue on the church’s behalf and because of 

the application of the ecclesiastical abstention doctrine. See Westbrook v. 

Penley, 231 S.W.3d 389, 394 (Tex. 2007). Although appellants’ notice of appeal 

states that the interlocutory appeal is permitted because they had moved for 

dismissal under chapter 27 of the civil practice and remedies code, this court 

informed appellants of our concern that we do not have jurisdiction over the 

appeal because it does not appear that appellants filed a motion to dismiss under 

civil practice and remedies code section 27.003. Tex. Civ. Prac. & Rem. Code 

Ann. § 27.003 (West 2015), § 51.014(a)(12) (West Supp. 2016). 

The ecclesiastical abstention doctrine arises from the Free Exercise 

Clause of the First Amendment to the United States Constitution. See U.S. 

Const. amend. I (“Congress shall make no law respecting an establishment of 

religion, or prohibiting the free exercise thereof.”); Masterson v. Diocese of Nw. 

Tex., 422 S.W.3d 594, 601 (Tex. 2014). But chapter 27 allows a party to move to 

 1See Tex. R. App. P. 47.4. 

2Joyce Britt, Ernest Mackey, Patricia Williams, and Jannis Dilworth. 
3 

dismiss a suit only “[i]f a legal action is based on, relates to, or is in response to a 

party’s exercise of the right of free speech, right to petition, or right of 

association.” Tex. Civ. Prac. & Rem. Code Ann. §§ 27.001(2)–(4), 27.002, 

27.003(a), 27.005(b) (West 2015). Rights secured by the Free Exercise Clause 

are not included in this list. See id.

We strictly apply statutes granting interlocutory appeals because they are 

a narrow exception to the general rule that interlocutory orders are not 

immediately appealable. CMH Homes v. Perez, 340 S.W.3d 444, 447 (Tex. 

2011). The denial of a plea to the jurisdiction that does not fit into any of the 

categories listed in section 51.014(a)––or is not otherwise permitted under 

subsections (d) and (f) or another statute––is not an appealable interlocutory 

order. See Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 359 (Tex. 

2001). Accordingly, we dismiss this appeal for want of jurisdiction. 

PER CURIAM 

PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ. 

DELIVERED: August 25, 2016
```

CONFIRMING STATEMENT

    This statement confirms that the undersigned, Gary J. Lehman, has authorized and designated, Jennifer Mainord and Addison Nicoll, to execute and file on the undersignedTMs behalf, all Form 3, 4, and 5 (including amendments thereto) that the undersigned may be required to file with the U.S. Securities and Exchange Commission as a result of the undersignedTMs ownership of or transactions in securities of First Merchants Corporation.  The authority of Jennifer Mainord and Addison Nicoll under this statement shall continue until the undersigned is no longer required to file Form 3, 4, and 5 with regard to the undersigned ownership or transactions in securities of First Merchants Corporation, unless earlier revoked in writing.  The undersigned acknowledges Jennifer Mainord and Addison Nicoll are not assuming any of the undersignedTMs responsibilities to comply with Section 16 of the Securities Exchange Act of 1934.

Date: November 3, 2016                _/s/ Gary J. Lehman_
```
EXHIBIT 11

                 STATEMENT RE COMPUTATION OF PER SHARE EARNINGS



The following presents the computation of per share earnings reflecting the
assumption that convertible debentures are converted.

<TABLE>
<CAPTION>
                                                                  (IN THOUSANDS
                                                             EXCEPT PER SHARE DATA)
                                                       -----------------------------------
                                                          1999         1998        1997
                                                          ----         ----        ----
<S>                                                     <C>          <C>         <C>
Net earnings (1)                                        $ 20,822     $ 19,733    $ 16,982
                                                       ===================================



Weighted average common shares outstanding (2)             7,343        7,357        7354

Common share equivalents relating to stock options             1            1           1

Adjusted common and common equivalent                  -----------------------------------
   shares for computation (3)                              7,344        7,358       7,355
                                                       ===================================



Net earnings per share:
     Basic (1/2)                                        $   2.84     $   2.68    $   2.31
                                                       ===================================
     Diluted (1/3)                                      $   2.84     $   2.68    $   2.31
                                                       ===================================
</TABLE>
Item 2.   PROPERTIES (Continued)

     The proceeds of any disposition are retained by N&W and constitute an
indebtedness of N&W to Registrant.  Because of the unlimited settlement date
for non-cash items, such transactions and balances have not been reported in
the financial statements since 1982. If N&W should ever terminate the lease,
all properties covered by the lease would be returned to Registrant, together
with sufficient cash and other assets to permit operation of the railroad for
one year.

Item 3.   LEGAL PROCEEDINGS

     The Company is a defendant in a personal injury suit seeking unspecified
damages.  Although the eventual outcome of this matter cannot be determined,
management is of the opinion the claim is without merit and intends to
vigorously defend the Company.

Item 4.   SUBMISSION OF MATTERS TO A VOTE OF SECURITY HOLDERS

     No matters were submitted during the fourth quarter to a vote of security
holders.

                               PART II

Item 5.   MARKET FOR REGISTRANT'S COMMON STOCK AND
           RELATED SECURITY HOLDER MATTERS

     Registrant's shares are listed for trading on the American Stock Exchange.
At March 6, 1998 there were approximately 1,350 holders of record of
registrant's shares of beneficial interest.
[CAPTION]
Stock Market and Dividend information per share of beneficial interest.

                                       1997 Quarters Ended
                                 
                                3/31         6/30        9/30         12/31 
 <TABLE>                             
 Sales price of traded shares
   <S>                        <C>         <C>         <C>          <C>
   High . . .                 $ 7-5/8     $  7-3/8    $  7-1/2     $  7-11/16
   Low. . . .                       7      6-15/16       7-1/8              7
 Dividends paid.                  .13          .14         .13            .14


                                       1996 Quarters Ended

                                3/31         6/30        9/30         12/31 

 Sales price of traded shares
   High . . .                 $ 7-3/8    $  7-1/4     $  7-3/8     $  7-5/8
   Low. . . .                   6-7/8       6-7/8        6-3/4            7
 Dividends paid.                  .13         .14          .14          .14 
</TABLE>
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 this Annual Report on Form 10-K of The Pep BoysManny, Moe & Jack (the
"Company") for the year ended January 29, 2011, as filed with the Securities and Exchange Commission on the date hereof (the "Report"),

I,
Michael R. Odell, Principal 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 my knowledge:



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.

Date: April 11, 2011

By:

/s/ MICHAEL R. ODELL Michael R. Odell President and Chief Executive Officer
(Principal Executive Officer)


---



QuickLinks
# Official Journal L 4/2008

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 4 |
| | |
| English edition | Legislation | Volume 518 January 2008 |

ISSN 1725-2555

Official Journal

of the European Union

L 4

English edition

Legislation

Volume 518 January 2008

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | | Commission Regulation (EC) No 7/2008 of 7 January 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |

Contents

I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

page

REGULATIONS

Commission Regulation (EC) No 7/2008 of 7 January 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.