alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Appellee, v. Fred CLINE and wife, Luzene Cline, Appellants.

No. 9724.

United States Court of Appeals Fourth Circuit.

Argued Feb. 2, 1965.

Decided March 25, 1965.

As Amended May 14, 1965.

Herbert L. Hyde, Asheville, N. C. (Van Winkle, Walton, Buck & Wall, Asheville, N. C., on brief), for appellants.

A. Donald Mileur, Atty., Dept, of Justice (Ramsey Clark, Asst. Atty. Gen., and Roger P. Marquis, Attorney, Dept, of Justice, and William Medford, U. S. Atty., on brief), for appellee.

Before SOBELOFF, BOREMAN and BRYAN, Circuit Judges.

PER CURIAM:

On remand, United States v. Cline, 307 F.2d 282 (4 Cir., 1962), the District Judge heard, and has appraised, the historical and expert evidence in exacting detail. He has found that “To the extent, if at all, that the Clines occupy property which would not be flooded by water at the elevation of 1837.41 they are trespassers upon the lands of the United States * * He gives with clarity the evidential support for his conclusions. The decision was purely a factual resolution of complex and conflicting proof and, certainly, it cannot be said to be “clearly erroneous”. We affirm on the basis of the District Judge’s ascertainments and analysis. United States v. Cline, 225 F.Supp. 488 (D.C.N.C., 1964).*

Affirmed.

*

 The degree of proof required of the United States to establish its ownership or boundary claim was, of course, no greater than a preponderance of the evidence; the evidence did not have to amount to proof beyond a reasonable doubt, as for a criminal conviction.
Lynda R. Keeton CPA, LLC.

September 5, 2007

To Whom It May Concern:

Lynda  R.  Keeton  CPA,  LLC,  Certified  Public  Accountant,  consents  to the
inclusion  of our report of August 28, 2007 on the audited financial statements
of Prevention Insurance.com for the year ended April 30, 2007, in the Company's
Annual Form  10-KSB  filing  to  be filed with the U.S. Securities and Exchange
Commission under the 1934 Securities Exchange Act.

Professionally,


/s/ Lynda R. Keeton CPA, LLC
----------------------------
Lynda R. Keeton CPA, LLC


Quality And Integrity Are Essential In Business

3145 E. Warm Springs Rd., Suite 300
Las Vegas, Nevada 89120
(702) 914-0253
Fax: (702) 914-0293
**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**

 

**Solelyfor the purposes of complying with 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, I, the undersigned Presidentand Chief Executive Officer of AML Communications, Inc. (the “Company”), herebycertify, to the best of my knowledge, that:**

** **

•                              the Quarterly Reportof the Company on Form 10-QSB/A for the period ended June 30, 2004 fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

•                              the informationcontained in such report fairly presents, in all material respects, thefinancial condition and results of operation of the Company.

 
| Dated: April 18,  2005                 |
|----------------------------------------|
|                                   |
|                                   |
| /s/ Jacob Inbar                        |   |
| Jacob Inbar,                           |
|                                   |
| President and  Chief Executive Officer |

 

----
<PAGE>   1

                                                                  Exhibit 10.83


March 8, 2001

Alessandro Sette, Ph.D.
5551 Linda Rosa Avenue
La Jolla, California 92037

Re: Amendment to Severance Benefits Agreement

Dear Alex:

This amendment (the "Amendment") to the Severance Benefits Agreement (the
"Agreement") dated February 5, 1998 by and between EPIMMUNE INC. (the
"Company"), and ALESSANDRO SETTE, PH.D. (the "Employee") is entered into as of
March 8, 2001 (the "Amendment Date").

1.      The Company agrees that the paragraph on page 3 of the Agreement which
        formerly read:

        If, within 365 days following the occurrence of a Change in Control,
        your employment is involuntarily terminated without Cause or you
        voluntarily terminate your employment for Good Reason, then (1) within
        30 days of such termination you will receive a lump-sum payment equal to
        six months of base salary subject to any applicable withholding of
        federal, state or local taxes and (2) the vesting of any stock option
        for Company stock and the time during which such option may be exercised
        immediately will be accelerated as to 50% of the then unvested shares.

is hereby amended and restated as follows:

        If, within 365 days following the occurrence of a Change in Control,
        your employment is involuntarily terminated without Cause or you
        voluntarily terminate your employment for Good Reason, then (1) within
        30 days of such termination you will receive a lump-sum payment equal to
        twelve (12) months of your then current base salary subject to any
        applicable withholding of federal, state or local taxes and (2) the
        vesting of any stock option for Company stock and the time during which
        such option may be exercised immediately will be accelerated as to 100%
        of the then unvested shares, so that all such unvested shares will be
        immediately vested and exercisable as of the date of termination.

2.      Except as specifically amended by this Amendment, the terms and
conditions of the Agreement shall remain in full force and effect.

3.      This Amendment shall be governed by and construed in accordance with the
laws of the State of California.



                                        1


<PAGE>   2

4.      This Amendment may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute
one and the same instrument.



Very truly yours,



EPIMMUNE INC.

Robert De Vaere
Chief Financial Officer



Agreed and Accepted:



/s/ Alessandro Sette
---------------------------------
ALESSANDRO SETTE, PH.D.



                                        2
**EXHIBIT 10.5**

**FIRST AMENDMENT TO EMPLOYMENT AGREEMENT**

**BETWEEN ROBERT T. ATWOOD AND CORAUTUS GENETICS, INC.**

This FIRST AMENDMENT to that certain EMPLOYMENT AGREEMENT between Corautus Genetics, Inc. (the “Company”) and Robert T.Atwood (the “Executive”) dated February 4, 2005 (the “Agreement”) is hereby entered into by and between the Company and the Executive, effective as of the 21st day of June, 2006. 

W I T N E S S E T H: 

**WHEREAS,**the Company and the Executive are parties to the Agreement; and 

**WHEREAS,**the Executive’s Agreement expires as ofFebruary 3, 2007, and the Company desires to amend the Executive’s Agreement to extend the term of the Agreement until March 31, 2007; and 

**WHEREAS,**to provide incentives for the Executive to extend the term of the Agreement and to attain certain other milestones, the Company desires to provide for a cash retention payment of $115,000 if theExecutive is employed on January 31, 2007 and to grant options to the Executive to purchase shares of the common stock of the Company to become exercisable upon the achievement of those certain milestones on or before March 31, 2007; and

**WHEREAS,**the Board of Directors of the Company has approved the amendment of the Agreement; 

**NOW, THEREFORE**, effective as of June 21, 2006, the parties hereby amend the Agreement as follows: 

1. The first sentence of Article 2 of the Agreement shall be amended to read as follows: 

“Unless terminated earlier as provided in Article 4, this Agreement shall extend until March 31, 2007.” 

2.A new Article 7 shall be added to the Agreement to read as follows: 

****“**ARTICLE 7**

**RETENTION INCENTIVES**

**7.1 CashRetention Payment.** The Executive shall be entitled to receive a lump sum cash payment of $115,000 on January 31, 2007, if he is employed by the Company on that date. If the Executive is employed on January 31, 2007, as providedherein, the cash payment shall be paid to the Executive no later than the next regularly scheduled payroll date following the date the Executive becomes entitled to such payment. 

**7.2 Nonqualified Stock Option Award.** In accordance with and subject to the terms of theCorautus Genetics Inc. 2002 Stock Plan (the “Plan”), as of the effective date of this First Amendment to the Agreement, the Executive shall be entitled to a grant of nonqualified stock options to purchase 200,000 shares of theCompany’s common stock at a per share exercise price equal to the fair market value of the Company’s common stock on June 21, 2006, subject to the terms and conditions approved by the Company and set forth in a nonqualified stockoption agreement.” 

3. Except as specifically provided above, the terms of the Agreement shall remain in full force and effect as prior to this FirstAmendment. 

**IN WITNESS WHEREOF**, the Executive and the Company have executed and delivered this First Amendment to the Agreement asof the date set forth above, but actually on the date set forth below. 

 
**CORAUTUS GENETICS, INC.**By: 
/s/ James C. Gilstrap
 James C. Gilstrap Chairman of the Board of DirectorsDate: June 21, 2006**ROBERT T. ATWOOD**
/s/ Robert T. Atwood
Date: June 21, 2006
**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 Annual Report on Form 40-F of Rogers WirelessCommunications Inc., a corporation continued under the laws of Canada (the“Company”) for the period ending December 31, 2003 as filed with the Securitiesand Exchange Commission on the date hereof (the “Report”), each of theundersigned officers of the Company certify pursuant to 18 U.S.C. Section 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that:
1.) the 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 materialrespects, the financial condition and results of operations of the Company.   **Dated:May*****19, 2004*** ***/s/ Nadir H. Mohamed*** Nadir H. Mohamed President and Chief Executive Officer   Dated:May *19, 2004* */s/ John R. Gossling* John R. Gossling Senior Vice President and Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          APR-01-2000
<PERIOD-START>                             MAR-27-1999
<PERIOD-END>                               SEP-25-1999
<CASH>                                           7,368
<SECURITIES>                                         0
<RECEIVABLES>                                   17,980
<ALLOWANCES>                                   (3,259)
<INVENTORY>                                     16,971
<CURRENT-ASSETS>                                41,044
<PP&E>                                          16,878
<DEPRECIATION>                                (10,377)
<TOTAL-ASSETS>                                  49,745
<CURRENT-LIABILITIES>                           26,355
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        21,998
<OTHER-SE>                                     (1,209)
<TOTAL-LIABILITY-AND-EQUITY>                    23,207
<SALES>                                         23,150
<TOTAL-REVENUES>                                23,150
<CGS>                                           21,901
<TOTAL-COSTS>                                   23,058
<OTHER-EXPENSES>                                  (32)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 181
<INCOME-PRETAX>                                   (57)
<INCOME-TAX>                                      (22)
<INCOME-CONTINUING>                               (35)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      (35)
<EPS-BASIC>                                      (0.0)
<EPS-DILUTED>                                    (0.0)


</TABLE>
**Conservation Practice Effects**

**Commonly Associated Practices:**Diversion, Grade Stabilization Structure, Grassed Waterway, Integrated Pest Management, Land Reclamation, Abandoned Mined Land, Land Reclamation, Currently Mined Land, Nutrient Management, Roof Runoff Structure, Stormwater Runoff Control, Structure for Water Control, Surface Drainage, Field Ditch, Surface Drainage, Main or Lateral, Terrace.

**Note:**This worksheet contains general talking points for the conservation planner to discuss with the land user.  It is the first step towards an economic or financial analysis.  The second step would include identifying a specific site for analysis at the farm or field level, editing the template for local conditions, adding units and quantities of farm inputs and outputs.  The third step in the economic analysis is to place a dollar value on as many variables as possible, put all units in the same time frame, using amortization ($/Acres/Year) or net present value ($/Acre), so benefits and costs can be compared.  The fourth and final step would be to combine several conservation practices into a conservation system, which is how most conservation practices are applied at the field level. Data for the worksheet comes from the land user, conservation planner, technical specialist and local agricultural supply vendors and contractors.  See Economics Technical Note: TN 200-ECN-1, Basic Economic Analysis Using T-Charts (August 2013) for more information.
# C_2004156EN.01000901.xml

| 12.6.2004 | EN | Official Journal of the European Union | C 156/9 |
| --- | --- | --- | --- |

12.6.2004

EN

Official Journal of the European Union

C 156/9

---

Reference for a preliminary ruling by the Supremo Tribunal Administrativo (Portugal) Second Chamber, by order of that court of 17 March 2004 in the case of Fazenda Pública e Organon Portuguesa – Produtos Químicos e Farmacêuticos, Lda

(Case C-193/04)

(2004/C 156/18)

Reference has been made to the Court of Justice of the European Communities by order of the Supremo Tribunal Administrativo (Supreme Administrative Tribunal) (Portugal) received at the Court Registry on 26 April 2004, for a preliminary ruling in the case of Fazenda Pública e Organon Portuguesa – Produtos Químicos e Farmacêuticos, Lda on the following questions:

| — | Are the fees charged in respect of the drawing-up of a notarial document attesting to the sale of company shares covered by Article 4(3) of Council Directive 69/335/EEC ? (1) |
| --- | --- |

—

Are the fees charged in respect of the drawing-up of a notarial document attesting to the sale of company shares covered by Article 4(3) of Council Directive 69/335/EEC ? (1)

1

| — | Is Article 5(1), in conjunction with Article 3(c) of the table of notarial charges, approved by Order No 996/98 of 25 November 1998, in the version in force at the material time, compatible with Article 10(c) and 12(1)(e) of Council Directive 69/335/EEC of 17 July 1969 inasmuch as it provides for fees in an unlimited amount for documents drawn up in respect of the sale of shares, which are fixed exclusively by reference to the value of the shares being sold, without being subject to any limit whatever and irrespective of the value of the service provided ? |
| --- | --- |

—

Is Article 5(1), in conjunction with Article 3(c) of the table of notarial charges, approved by Order No 996/98 of 25 November 1998, in the version in force at the material time, compatible with Article 10(c) and 12(1)(e) of Council Directive 69/335/EEC of 17 July 1969 inasmuch as it provides for fees in an unlimited amount for documents drawn up in respect of the sale of shares, which are fixed exclusively by reference to the value of the shares being sold, without being subject to any limit whatever and irrespective of the value of the service provided ?

---

(1)  Council Directive 69/335/EEC of 17 July 1969 concerning indirect taxes on the raising of capital (English Special Edition: Series I Chapter 1969(II) p. 412)

1

---
EXHIBIT 10.2


                                 FIRST AMENDMENT
                                       TO
                         EXECUTIVE EMPLOYMENT AGREEMENT


         THIS FIRST AMENDMENT TO EXECUTIVE EMPLOYMENT AGREEMENT, dated as of
April 25, 2001 (the "First Amendment"), by and between POZEN Inc., a Delaware
corporation (the "Corporation"), and John R. Plachetka ("Plachetka").

         WHEREAS, the Corporation and Plachetka are parties to an Executive
Employment Agreement, dated as of April 1, 1999 (the "Employment Agreement');
and

         WHEREAS, pursuant to Section 14 of the Employment Agreement, the
Corporation and Plachetka desire to amend and modify the provisions of the
Employment Agreement in the manner and to the extent set forth herein.

         NOW, THEREFORE, in consideration of the mutual agreements set forth
herein, the Corporation and Plachetka hereby agree as follows:

         1. Amendment. Section 4(h) of the Employment Agreement is hereby
            ---------
amended by deleting such Section in its entirety and substituting the following
in lieu thereof:

                  "4(h) Estate Planning Costs. The Company will reimburse
                        ---------------------
                  Executive for estate planning legal fees and expenses incurred
                  by him in each calendar year during the term and any renewals
                  of this Agreement up to a maximum of $15,000 per year."

         2. Effect of First Amendment. The provisions of the Employment
            -------------------------
Agreement are hereby amended and modified by the provisions of this First
Amendment. If any provisions of the Employment Agreement are materially
different from or inconsistent with any provisions of this First Amendment, the
provisions of this First Amendment shall control, and the provisions of the
Employment Agreement shall, to the extent of such difference or inconsistency,
be deemed to be amended and modified.

         3. Single Instrument. This First Amendment and the Employment
            -----------------
Agreement, as amended and modified by the provisions of this First Amendment,
shall constitute and shall be construed as a single instrument. The provisions
of the Employment Agreement, as amended and modified by the provisions of this
First Amendment, are incorporated herein by this reference and are hereby
ratified and reaffirmed.

          IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the day and year first above written.


                                   POZEN INC.

                                   By: /s/ Matthew E. Czajkowski
                                      ________________________________
                                          Matthew E. Czajkowski
                                          Senior Vice President

                                       /s/ John R. Plachetka
                                      ________________________________
                                          John R. Plachetka
|   | (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. |
|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                | /s/ Daniel W. Rumsey            |   |
|---------------------|---------------------------------|--------|
|                | Daniel W. Rumsey                |
|                | Interim Chief Executive Officer |
|                |                            |
| March 31, 2010 |                            |
South Coast 

Air Quality Management District 

21865 Copley Drive, Diamond Bar, CA 91765-4178 

(909) 396-2000' www.aqmd.gov 

May 9, 2012 

James N. Goldstene 

Executive Officer 

California Air Resources Board 

1001 I Street 

Sacramento, CA 95814 

Dear Mr. Goldstene: 

Submittal of 2012 Lead State Implementation Plan - Los Angeles County 

At its May 4, 2012 meeting, the South Coast Air Quality Management District 

(SCAQMD) Governing Board adopted the 2012 Lead State Implementation Plan for Los 

Angeles County (2012 Lead SIP). With the SCAQMD Governing Board!s approval, I am 

forwarding the 2012 Lead SIP and all the accompanying documents to your office for 

CARB!s review and approval, and subsequent submission to the U.S. Environmental 

Protection Agency. The 2012 Lead SIP, as approved, is submitted as a single integrated 

plan for lead attainment. 

In order to expedite your review and approval process, I am submitting the following 

documents that were approved at our May 4,2012 Hearing, electronically: 

• 	 Approved Board Letter regarding the adoption ofthe 2012 Lead SIP and certification 

ofthe previously approved October 2010 Final EA as the CEQA document for the 

2012 Lead SIP pursuant to CEQA Guidelines §15153 (Attachment A) 

• 	 Governing Board Adoption Resolution No. 12-11 certifying the previously prepared 

(October 2010) Final Environmental Assessment for Proposed Rule 1420.1 ­

Emissions Standard for Lead From Large Lead-Acid Battery Recycling Facilities, as 

the CEQA document for the 2012 Lead State Implementation Plan for Los Angeles 

County (2012 Lead SIP for LA County), and adopting the 2012 Lead SIP for LA 

County (Attachment B) 

• 	 Proof of Publication for Notice of Public Hearing (Attachment C) 

• 	 Final 2012 Lead State Implementation Plan for Los Angeles County including the 

following appendices: 

• 	 Appendix I Lead Air Quality in Los Angeles County 

• 	 Appendix II Rules 

-~-- .. ~--------........ -~ ....- ............... 	-----~---.............. ~ .......... ..........----.... --_..........._. --­
James N. Goldstene -2- May 9, 2012 

• Appendix III - Modeling and Attainment Demonstration 

• Appendix IV Socioeconomic Report for Rule 1420.1 

• Appendix V Response to Comments 

Please feel free to contact me at (909) 396-3186 if you or your staff have any questions 

regarding this submittal. 

Sincerely, 

..~;/ Elaine Chang, DrPH 

Deputy Executive Officer 

Attachments 

cc: 

Barry Wallerstein, SCAQMD 

Philip Fine, SCAQMD 

Laki Tisopulos, SCAQMD 

U.S. EPA (w/o Attachments)