alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Margaret T. Boys, Plaintiff, v Burlington Coat Factory, Defendant.

City Court of Albany,

January 27, 1988

APPEARANCES OF COUNSEL

*Margaret T. Boys,*plaintiff *pro se. Jeff Schafran, Manager,*for defendant.

OPINION OF THE COURT

Madonna Stahl, J.

On November 14, 1987, plaintiff purchased a coat at defendant’s store for the sum of $192.49. On November 27, 1987, plaintiff noticed that not only was the underarm seam in the lining pulling apart, but that the outside seam on the right arm was also coming apart.

Shortly thereafter, she returned the coat to the defendant *627and requested her money back. Defendant did not dispute the defect but offered her only store credit upon the return of the coat.

The store policy which is clearly posted in the store states that "Merchandise may be exchanged * * * for store credit only * * * No cash refunds”.

Since the coat was clearly defective and there was no limiting warranty, section 2-314 of the Uniform Commercial Code applies. "[A] warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.” (UCC 2-314 [1].) "Goods to be merchantable must be at least such as are fit for the ordinary purposes for which such goods are used.” (UCC 214 [2] [c].)

Section 1-106 (1) of the Uniform Commercial Code states that remedies under the "Act shall be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed”.

This, together with article 2, indicates that plaintiff is entitled to a money refund upon the return of the coat. To give her store credit only would not place her in her original position.

The posted notices in the store, while perhaps applicable to some exchanges, cannot control the return of defective merchandise. The notices have no effect at all upon this transaction.

Judgment for plaintiff in the amount of $192.49 plus $4.90 for the cost of this claim, making a total of $197.39.
##### 



Exhibit 11
 A.S.V., Inc. and Subsidiary
Computation of Earnings per Share
(In thousands, except share data)
 Three Months Ended
    
    
    Six Months EndedJune 30,
    
    
    June 30,2007
    
    
    2006
    
    
    2007
    
    
    2006BasicEarningsNet earnings
    
    $
    3,273
    
    
    $
    7,601
    
    
    $
    5,332
    
    
    $
    14,537SharesWeighted average number of common
shares outstanding
    
    
    26,667,845
    
    
    
    26,996,267
    
    
    
    26,691,970
    
    
    
    27,042,771Basic earnings per common share
    
    $
    .12
    
    
    $
    .28
    
    
    $
    .20
    
    
    $
    .54DilutedEarningsNet earnings
    
    $
    3,273
    
    
    $
    7,601
    
    
    $
    5,332
    
    
    $
    14,537SharesWeighted average number of common
shares outstanding
    
    
    26,667,845
    
    
    
    26,996,267
    
    
    
    26,691,970
    
    
    
    27,042,771Assume the proceeds from the exercise of
options together with the related income
tax benefit and unrecognized compensation
were used to repurchase shares issued
upon exercise of options and warrants
    
    
    407,794
    
    
    
    529,760
    
    
    
    439,455
    
    
    
    657,852Weighted average number of common and
common equivalent shares outstanding
    
    
    27,075,639
    
    
    
    27,526,027
    
    
    
    27,131,425
    
    
    
    27,700,623Diluted earnings per common share
    
    $
    .12
    
    
    $
    .28
    
    
    $
    .20
    
    
    $
    .52
```

[Congressional Record Volume 154, Number 161 (Friday, October 3, 2008)]
[Extensions of Remarks]
[Page E2240]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                        THE THINGS WHICH MATTER

                                 ______
                                 

                       HON. CAROLYN C. KILPATRICK

                              of michigan

                    in the house of representatives

                        Friday, October 3, 2008

  Ms. KILPATRICK. Madam Speaker, I would like to submit the following 
poem, written by Mr. Albert Carey Caswell, in memory of our late great 
colleague, Congresswoman Stephanie Tubbs Jones.

                        The Things Which Matter

     The things which matter . . .
     The moments which count, the ones all the end which so amount 
           . . .
     All in our lives, are all of those things in our hearts of 
           which are so tantamount . . .

     The very ones . . .
     Which all in the end, are what our souls are really so all 
           about . . .
     As to this our world, what we so give no doubt . . . all in 
           these our lives to tout . . .

     Are all those things which really matter . . .
     Are but the ones, which so make The Angels hearts so shout!
     All in the end, are but really what our lives are all about!

     The Ways and Means . . .
     By which we overcome all the odds, all in our life's themes . 
           . .
     Are but the ones, our songs which so make our Lord's heart so 
           shine and gleam . . .

     Stephanie Tubbs Jones . . .
     A Heroine . . . A Pioneer . . . A Champion for Civil Rights 
           so seen!
     A great strong great woman of firsts, who but lived The 
           American Dream!

     The only thing bigger than her bright big smile . . .
     Was but her fine kind and warm heart, that which so caressed 
           all . . . all the while . . .
     For in these our short lifetimes, these are but the things 
           you'll find!

     For it's how we live . . .
     And it's how we lead, all in this world which so helps her to 
           succeed . . .
     And who we care for, and for whom we bleed . . . giving to 
           her what she so needs!

     Are but All Those Things Which Really Matter . . .
     All in these our times, all in these our short lives which we 
           so bring about . . .
     All in the end, what really up in Heaven . . . what so 
           matters no doubt!

                          ____________________
```
CERTIFICATION
OF CHIEF EXECUTIVE OFFICER





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





(i)
            The
      Quarterly Report on Form 10-Q of the Company for the period ended June 30,
      2009 (the “Report”) fully complies with the requirements of Section 13(a)
      or Section 15(d), as applicable, of the Securities Exchange Act of 1934;
      and





(ii)
            The
      information contained in the Report fairly presents, in all material
      respects, the financial condition and results of operations of the Company
      as of and for the periods covered in the
Report.





DATE:
        August 6, 2009
            /s/ MITCH FRANCISMitch
      Francis,Chief
      Executive Officer




A signed
original of this written statement required by Section 906 of the Sarbanes-Oxley
Act of 2002 (Section 906), or other document authenticating, acknowledging, or
otherwise adopting the signature that appears in typed form within the
electronic version of this written statement required by Section 906, has been
provided to Tix Corporation and will be retained by Tix Corporation and
furnished to the Securities and Exchange Commission or its staff upon
request.





The
foregoing certification is being furnished to the Securities and Exchange
Commission as an Exhibit to the Form 10-Q and shall not be considered filed as
part of the Form 10-Q.
AMENDMENT No. 1

to the

ENERGEN CORPORATION

1997 DEFERRED COMPENSATION PLAN

(As Amended January 1, 2001)

 

 

THIS AMENDMENT, made and entered into this 9th day of March, 2005, by ENERGEN CORPORATION, an Alabama corporation (the "Company");
WITNES SETH:

WHEREAS, the Company maintains the "Energen Corporation 1997 Deferred Compensation Plan," as amended as of January 1, 2001 (the "Plan"); and

WHEREAS the Company desires to amend the Plan in certain respects in compliance with Section 409A of the Internal Revenue Code and Internal Revenue Service Notice 2005-1;

NOW, THEREFORE, the Plan is hereby amended pursuant to Section 13.1 of the Plan as follows:

FIRST: Section 4.2 of the Plan is hereby amended by adding thereto, at the end thereof, the following:
Notwithstanding the foregoing, a Participant may cancel, prior to December 31, 2005, all or a portion of a deferral election with respect to Cash Compensation or Stock Compensation otherwise payable in 2005 or later.  Such cancellation shall be in writing and shall specify the portion of Cash Compensation or Stock Compensation to which such cancellation applies.  Such cancellation shall be effective upon delivery to Energen with respect to the specified compensation regardless of whether such compensation is Qualifying Compensation and regardless of whether such compensation is for services rendered during a period of service commencing prior to the date of such cancellation.  Any Cash Compensation or Stock Compensation paid or payable as a result of such cancellation shall be included in the gross income of the Participant when it is earned and vested within the meaning of Section 409A of the Code and Q&A 16 of IRS Notice 2005-1.  

 

SECOND: The amendment to the Plan provided for herein above shall be effective as of January 1, 2005.

IN WITNESS WHEREOF, the Company has caused this instrument to be executed and its seal to be hereunto affixed and attested, all by its officers thereunto duly authorized, on this 9th day of  March, 2005.

	ENERGEN CORPORATION

 

                                                           By   ____________________________

                                                           Its   Vice President - Human Resources 
ATTEST:

 

By     _______________________________

  Its    Secretary	
[CORPORATE SEAL]
```

[Congressional Record Volume 154, Number 165 (Tuesday, October 14, 2008)]
[Senate]
[Page S10515]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

          RECESS UNTIL THURSDAY, OCTOBER 16, 2008, AT 10 A.M.

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate stands in recess until Thursday, October 16, 2008, at 10 a.m.
  Thereupon, the Senate, at 12:30 and 18 seconds p.m., recessed until 
Thursday, October 16, 2008, at 10 a.m.
```
OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

.!'.'I ,,, 

$I# Bkta aor upon the oonteat8 thrrvoi @ml fh0 BtatO 

Boardoio&atmlu4 a.lothorbomrdohavfneoh~6.ot 

buildlug OS tb State and the oontoatoi l uoh 

buildlaga, are boreby huItruot.b BOt to &#ITO woh 

burrildings nor property lnmued, notr%thStaodiBg there 

may be ltm In the appropriation blllm authorizing 
- 

- -, 02 

Dr. Ceo. W. Cox, February 14, 1939, Poge 8 

the OXpOBdittUW Of WBOY iOr th. PWWJBt Of in- 

(luraaoe puluu. 

ProTidod, that it lm deolared to ba tha polloy 

oltho Stata hmunetor at the end 6f oaoh two-year 

prlod to 8o t l 81 4l pproxlukl7 a oae poroont of 

the Tolra 0r all ~UbllO btllldln&m own.4 w the stste 

w l l laMag tund utll ton per 0-t of the total 

T&U ~0s fi WOh bUfldb&# hU b.aB 880WUhtd, 

and .that thlm 8lBklBg fun6 mu k lBTwtoa la 

the aboo 4lmtrlot8 af thla State.* 

Nhllo thla ruolutlea doa not hawe t&o eiYeot OS 

l #JOBWíd & U pt it 6OW b T0 tb, OflOOt Oi l 1 U IQW tb, 

putlaulum~~o0tn8ol+e4ap0n lntha molutlo8801~ 

l t&t partlamlu thing or ooadltlon ulatr or wtll mob 

rwolut%on im otboryi~o revoked by tha Loglelaturo. 

Thfo~laloa wwmlw t&k opln&ta oi. Sha .Sonoreb& 

w. I. d*Ti.. wrlttdseteber ;‘@a la& -ua ,toilaa Ia gDok’86, Pa@+. 

84 8, *lnlo 88B 9u8 r ll a ll l lbwq8oBt o o a o wln*l@ a lo B8. 

Yo urT8 b r y tr uly 

IlRrob
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FORM THE
COMPANY'S CONSOLIDATED BALANCE SHEET AT SEPTEMBER 30, 1996 AND CONSOLIDATED
STATEMENTS OF OPERATIONS FOR THE THREE MONTHS ENDED SEPTEMBER, AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                           5,981
<SECURITIES>                                     3,988
<RECEIVABLES>                                    4,922
<ALLOWANCES>                                       298
<INVENTORY>                                        605
<CURRENT-ASSETS>                                11,663
<PP&E>                                           2,850
<DEPRECIATION>                                   1,384
<TOTAL-ASSETS>                                  18,191
<CURRENT-LIABILITIES>                            6,390
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            70
<OTHER-SE>                                      11,731
<TOTAL-LIABILITY-AND-EQUITY>                    18,191
<SALES>                                          2,876
<TOTAL-REVENUES>                                 3,067
<CGS>                                            1,789
<TOTAL-COSTS>                                    1,873
<OTHER-EXPENSES>                                 3,400
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 (8,262)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             (8,262)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (8,262)
<EPS-PRIMARY>                                    (1.20)
<EPS-DILUTED>                                    (1.20)
        

</TABLE>
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 815 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
                                 S. 815

  To amend the Internal Revenue Code of 1986 to extend the credit for 
        producing electricity from certain renewable resources.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 15, 1999

  Mr. Roth (for himself, Mr. Jeffords, Mr. Coverdell, Mr. Helms, Mr. 
   Robb, Ms. Mikulski, Mr. Biden, Mr. Sessions, Mr. Hutchinson, Mr. 
  Sarbanes, Mr. Leahy, Mr. Grams, Mr. Shelby, Mr. McConnell, and Mr. 
   Harkin), introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
  To amend the Internal Revenue Code of 1986 to extend the credit for 
        producing electricity from certain renewable resources.

    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 ``Poultry Electric Energy Power (PEEP) 
Act''.

SEC. 2. EXTENSION OF CREDIT FOR PRODUCING ELECTRICITY FROM CERTAIN 
              RENEWABLE RESOURCES.

    (a) Credit for Producing Electricity From Poultry Waste.--Section 
45(c)(1) of the Internal Revenue Code of 1986 (defining qualified 
energy resources) is amended by striking ``and'' at the end of 
subparagraph (A), by striking the period at the end of subparagraph (B) 
and inserting ``, and'', and by adding at the end the following:
                    ``(C) poultry waste.''
    (b) Extension of Placed in Service Date.--Section 45(c)(3) of the 
Internal Revenue Code of 1986 (defining qualified facility) is amended 
by striking ``1999'' and inserting ``2005''.
    (c) Effective Date.--The amendments made by this section shall 
apply to facilities placed in service after the date of the enactment 
of this Act.
                                 <all>
```
Exhibit 32(g)


                                  CERTIFICATION

                             18 U.S.C. SECTION 1350
                    AS ADOPTED PURSUANT TO SECTION 906 OF THE
                           SARBANES-OXLEY ACT OF 2002

In connection with the accompanying Annual Report on Form 10-K of Southern Power
Company for the year ended December 31, 2004, we, the undersigned, hereby
certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, to the best of our individual knowledge and
belief, that:

     (1)  such Annual Report on Form 10-K of Southern Power Company for the year
          ended December 31, 2004, which this statement accompanies, 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 such Annual Report on Form 10-K of
          Southern Power Company for the year ended December 31, 2004, fairly
          presents, in all material respects, the financial condition and
          results of operations of Southern Power Company.

                                       /s/William Paul Bowers
                                          William P. Bowers
                                President and Chief Executive Officer


                                        /s/Cliff S. Thrasher
                                          Cliff S. Thrasher
                               Senior Vice President, Comptroller and
                                       Chief Financial Officer

Date:  February 28, 2005
EXHIBIT
32.b
 CERTIFICATION
PURSUANT TO
 18
U.S.C. SECTION 1350,
 AS
ADDED BY
 SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002
 
 In
connection with the Quarterly Report of Provident Community Bancshares, Inc.
(the “Company”) on Form 10-Q for the quarter ended September 30, 2008 as filed
with the Securities and Exchange Commission (the “Report”), I, Richard H. Flake,
Executive Vice President and Chief Financial Officer of the Company, certify,
pursuant to 18 U.S.C. §1350, as added by 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 operations of the Company
      as of and for the period covered by the
Report.
 
 
 /s/ Richard H.
Flake
 Richard H.
Flake
 Executive
Vice President and Chief Financial Officer
 Date:
November 7, 2008
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEETS AND STATEMENTS OF EARNINGS FOUND ON PAGES 2 AND 3 OF
THE COMPANY'S FORM 10-Q FOR THE YEAR TO DATE, AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                         923,170
<SECURITIES>                                 1,005,018
<RECEIVABLES>                                2,715,560
<ALLOWANCES>                                    30,000
<INVENTORY>                                 12,658,598
<CURRENT-ASSETS>                            17,627,406
<PP&E>                                       5,177,866
<DEPRECIATION>                                 803,368
<TOTAL-ASSETS>                              22,001,904
<CURRENT-LIABILITIES>                        3,645,074
<BONDS>                                      7,452,926
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        50,226
<OTHER-SE>                                  10,853,678
<TOTAL-LIABILITY-AND-EQUITY>                22,001,904
<SALES>                                      9,028,838
<TOTAL-REVENUES>                             9,028,838
<CGS>                                        6,770,995
<TOTAL-COSTS>                                  906,644
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                10,000
<INTEREST-EXPENSE>                             128,946
<INCOME-PRETAX>                              1,256,838
<INCOME-TAX>                                   465,000
<INCOME-CONTINUING>                            791,838
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   791,838
<EPS-PRIMARY>                                      .16
<EPS-DILUTED>                                      .14<F1>
<FN>
<F1>INCLUDES ADDBACK OF AFTER-TAX EFFECT OF INTEREST EXPENSE FOR CONVERTIBLE 
DEBENTURES
</FN>
        

</TABLE>
EX-13.2 5 eh1300930_ex1302.htm EXHIBIT 13.2

EXHIBIT 13.2



Certification of Chief Financial Officer

Pursuant to

18 U.S.C. Section 1350,

As Enacted Pursuant to

Section 906 of the Sarbanes-Oxley
Act of 2002





Agave Silver Corp. (the “Company”) is filing
with the U.S. Securities and Exchange Commission on the date hereof, its annual report on Form 20-F for the fiscal year ended March
31, 2013 (the “Report”).



I, Sherri Odribege, Interim Chief Financial Officer of the
Company, hereby certify, pursuant to 18 U.S.C. section 1350, as enacted pursuant to section 906 of the Sarbanes-Oxley Act of 2002,
that to the best of my knowledge:



(i)  the Report fully complies with the requirements
of section 13(a) or 15(d) of the U.S. Securities Exchange Act of 1934; and



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







|/s/ Sherri Odribege             |  | 
|------------------------------- |  | 
|Sherri Odribege                
|Interim Chief Financial Officer





March 20, 2015
#### Sfetsos, Appellant, vs. Industrial Commission and others, Respondents.

For the appellant: *Joseph M. Picker,*attorney, and *Cor-rigan & Backus*of counsel, all of Milwaukee.

*648For the respondent Industrial Commission: *John E. Martin,*attorney general, and *Mortimer Levitan,*assistant attorney general.

For the respondents Coney Island Restaurant and Continental Casualty Company: *Wilkie, Toebaas, Hart, Kraege & Jackman*of Madison.

*By the Court.*

Judgment affirmed.