alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
..... <flN~N'Pllftt ~CURl'fY INFORM.'\TIO:M ., 

USCIB: 13/339 

29 Mq 1953 

MEKORARDUM FOR THE MEMBERS OF USOIB: ._ 

Subjectt -~ ~~ ~- COOllT ~1,;J. Ret'erence: uscm'lJ73os dated l6 Februar.y 1953· 

The enclosure, prepared b;r the Director, .NSA, in 

accordance with the proviai01Da ot the reference, ia 

fOl"l'fB.I'Cl.ed tor intormaticn. 

Enclosure 

DirNSA Serial 013S 

dtd 'ZI Hq 19530 

USCIB: l'J/339 

.J.lrli RUFUS L. TAYLOR 

f" Captain,, U. S. Nav 

Executive Secret&17, USCIB 

Declassified and approved for release by NSA on 05-20-2014 pursuantto E.O. 1352a 

CON FI DENT IAL 
... ~NFIDfi'N~o SECURITY INFORMATION • 

NATIOBAL SECURITI AGERCY 

WASHINGT<!I 25,, D. C. 

Serials OJJS 

~Har 1953 

MDlORANDUH FOR THE ACTING EXmtl'lIVE SECRETARY,, USCIB 

SUBJJOOT: Possible Comprmiae ot OOMIBT Intormatim 

l. On 26 April 1953,, a message trom Detachment 3, 3rd Radio 

Squadron (Mobile)• Halmek, Aluka to BSA, was 1nadvertentl1' transmitted in the clear OYer a ccmmunicat1oa circUit aonaiating or 

both radio and landline links between Naknek and Anchorage., The 

contents ot the message are known to be raw tratl'ic onq, claasitied CONFIDENTIAL. Thia intormat.ion must be considered compromised,, aince its transmisaica vu subject; to intercept.. 

2. Noti.ficatian has bean requested trom Headquarters, 3rd 

RSM, as to the precautiona17 measuru taken to prevent l"8CU1'T'ence. 

). The Director,, GCHQ, bu been requested to inform appropriate British o!"ficials. 

FOR THE DIRIOOTOR: 

(Signed) 

.All'RED R. MARCY 

Colonel, US .Ar!llfl 

Chiet ot Statt 

lklclosure with USCIB 13/339 dated 29 Ka;r 19S.3. 

CON FI DENT I AL
<TABLE> <S> <C>



<ARTICLE>       5
<LEGEND>        THIS SCHEDULE CONTAINS SUMMARY FINANCIAL 
                INFORMATION EXTRACTED FROM 10Q DATED 
                SEPTEMBER 30, 1998 AND IS QUALIFIED IN 
                ITS ENTIRETY BY REFERENCE TO SUCH 
                FINANCIAL STATEMENTS
<MULTIPLIER>    1,000
                
<S>             <C>
<PERIOD-TYPE>   9-MOS
<FISCAL-YEAR-END>           DEC-31-1998
<PERIOD-END>                SEP-30-1998
<CASH>                           64,755
<SECURITIES>                    128,647
<RECEIVABLES>                    30,969
<ALLOWANCES>                          0
<INVENTORY>                           0
<CURRENT-ASSETS>                277,372
<PP&E>                           73,372
<DEPRECIATION>                   57,582
<TOTAL-ASSETS>                  427,601
<CURRENT-LIABILITIES>            73,519
<BONDS>                               0
<COMMON>                            947
<PREFERRED-MANDATORY>                 0
<PREFERRED>                           0
<OTHER-SE>                      321,194
<TOTAL-LIABILITY-AND-EQUITY>    427,601
<SALES>                         127,907
<TOTAL-REVENUES>                127,907
<CGS>                            91,119
<TOTAL-COSTS>                    91,119
<OTHER-EXPENSES>                      0
<LOSS-PROVISION>                      0
<INTEREST-EXPENSE>                    0
<INCOME-PRETAX>                  65,038
<INCOME-TAX>                     25,100
<INCOME-CONTINUING>              39,938
<DISCONTINUED>                        0
<EXTRAORDINARY>                       0
<CHANGES>                             0
<NET-INCOME>                     39,938
<EPS-PRIMARY>                      4.25
<EPS-DILUTED>                      4.23
        



</TABLE>
TXI Three Year Incentive Plan



 Exhibit 10.18 

 
 TEXAS INDUSTRIES, INC. 

 
 THREE-YEAR INCENTIVE PLAN 

adopted pursuant to the 
 MASTER PERFORMANCE-BASED INCENTIVE PLAN 
 This Three Year Incentive Plan is adopted by the
Compensation Committee of the Board of Directors pursuant to the Texas Industries, Inc. Master Performance-Based Incentive Plan (“Master Incentive Plan”). This Three-Year Incentive Plan is subject to all of the terms and conditions of the
Master Incentive Plan. Terms not defined in this Three-Year Incentive Plan have the same meanings as in the Master Incentive Plan. Amendments and exceptions to this Three-Year Incentive Plan may be made only in the manner provided in the Master
Incentive Plan. 
  

	1.	Performance Period 

 The
three fiscal years beginning June 1, 2011 and ending May 31, 2014. 
  

	2.	Participants 


Participants are recommended by management of the Company and approved by the Compensation Committee. 

 

	3.	Minimum Award Goal 


Achievement of an Award is dependent on attainment of a three year consolidated average return-on-equity for the Performance Period
(“ROE”) equal to or greater than 14%. 
  

	4.	ROE Calculation 

 ROE is
the average of the net income of the Company as a percentage of the average shareholders’ equity of the Company for each fiscal year in the Performance Period, based on the net income and shareholders’ equity reported to shareholders in
the Company’s consolidated financial statements for periods included in the Performance Period, rounded to the nearest one-tenth (1/10) of one percent (1%). A fiscal year’s “average shareholders’ equity” is the average
of its four fiscal quarters’ shareholders’ equity. A “fiscal quarter’s shareholders’ equity” is the sum of its beginning and ending balances divided by two. 

  
 - 1 -










	5.	Award Calculation 

 The
amount of an Award is based on the Company’s three year average ROE for the Performance Period, and is calculated by multiplying a Participant’s base salary on the last day of the Performance Period by the applicable Award Percentage shown
in the schedule in Section 6. Individuals who become Participants during the Performance Period will have their Award pro-rated in six month increments (i. e., participation for an increment of less than six months will not be included in the
calculation) for the amount of time they participated prior to the end of the Performance Period, with a six (6) month minimum participation requirement for eligibility for payment of an Award. 

 

	6.	Award Schedule 

  

			
	 Three-Year Incentive Plan
 For The Three Consecutive Fiscal Year Period

 
 ENDING MAY 31,
2014
  
  

	Three-Year Average ROE	  	Award Percentage (% of Base
Salary)
	 Less than
14%
	  	0%
	 14% to
less than 16%
	  	50%
	 16% to
less than 18%
	  	70%
	 18% to
less than 20%
	  	100%
	 20% and
above
	  	140%

 The President and Chief Executive Officer’s Award Percentage will be double that shown in the
schedule above. 

  
 - 2 -
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE FORM 10-QSB FOR THE QUARTER ENDED NOVEMBER 30, 1995 AND
IS QULIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000352447
<NAME> NORTHWEST GOLD, INC.
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAY-31-1996
<PERIOD-START>                             JUN-01-1995
<PERIOD-END>                               NOV-30-1995
<CASH>                                          12,700
<SECURITIES>                                     9,800
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                22,500
<PP&E>                                           8,700
<DEPRECIATION>                                   8,700
<TOTAL-ASSETS>                                  24,400
<CURRENT-LIABILITIES>                           47,200
<BONDS>                                              0
<COMMON>                                        26,700
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                    (49,500)
<TOTAL-LIABILITY-AND-EQUITY>                    24,400
<SALES>                                            200
<TOTAL-REVENUES>                                   200
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 9,300
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (9,100)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (9,100)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
o..i 

REF ID:A72594 l~v ,. 

NATIONAL SE0URITY AGENCY ·~ Washington 25, D. c. 

NSA MEMORANDUM 14 July 1953 

NUMBER 120-33 

EFFECTIVE UNTIL PUBLICATION OF REVISED 

NATIONAL SECURITY AGENCY SECURITY MANUAL 

• 

STORAGE OF CLASSIFIED MATERIAL 

SECTION 

'.PURPOSE ••••• • I 

INSTRUCTIONS. • • • II 

SUPERVISION • • • • III 

.. 

SECTION I - PURPOSE 

1. Because of the large number of violations of 

security which result from the careless storage of 

classified material in desks throughout the Agency, the following instructions are published pending publication of the revised National Security Agenc:r Security Manual. 

2. In RESTRICTED areas, files or cabinets equipped with suitable non-combination locking devices may be 

used to store security information classified CONFIDENTIAL 

and below, provided continuous surveillance by armed 

patrols is maintained during off-duty hours. In no case, 

except in SECURE and EXCLUSION areas, may security information classified above RESTRICTED be stored in desks. 

Desks in RESTRICTED areas shall always be subject to 

inspection; they may be locked or unlocked. 

SECTION II - INSTRUCTIONS 

l. Each supervisor concerned shall instruct his 

personne1 in accordance with the above and shall take 

such ~ction as may be necessary to secure compliance. 

Use of the following statement affixed to each desk is 

recommended: 

THIS DESK CONTAINS NO MATERIAL CLASSIFIED - ABOVE RESTRICTED 

@'pp roved for Release by NSA on 09-24-2013 pursuantto E .0. 1352a 
MSA MEMORAllDUM 

NUMBER 120-33 

REF ID:A72594 

2. Tr• assist in this action and for use as a 

reminder; USA Fonn 1701 haa been prepared a.."ld is ava11 ... able from the .Jl.<'ljute.nt Gener~l (Code 131, Ext.., ~;0487}. 

Its use is not mandatory, but it is recommended that it 

be secureiy af'rixed where it is clearly visible on each 

OPEN or RESTR!CTED area desk. Desk occupants may completa the indicated signature ir thoy so desire. 

SECTION III - SUPERVISION 

Supervision f'or h1plementation of the policy estat:.-

lished herein is the r~sponsibility of the Chie.r, Secu1·lty 

Division. 

BY COMMAND OF REAR ADMIRAL WENGER: 

OFFICIAL: 

DTSTRIBU'rION.~II 

L. H. FROST 

Captain, US Navy 

Chief' of Staff
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

985 

KA 14-01622 

PRESENT: WHALEN, P.J., PERADOTTO, NEMOYER, CURRAN, AND TROUTMAN, JJ. 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, 

V MEMORANDUM AND ORDER

TYWAN HOWINGTON, DEFENDANT-APPELLANT.

 

LUCILLE M. RIGNANESE, DEWITT, FOR DEFENDANT-APPELLANT. 

WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (ROMANA A. LAVALAS

OF COUNSEL), FOR RESPONDENT. 

 

Appeal from a judgment of the Onondaga County Court (Joseph E.

Fahey, J.), rendered June 23, 2014. The judgment convicted defendant,

upon his plea of guilty, of criminal possession of a controlled

substance in the third degree. 

It is hereby ORDERED that the judgment so appealed from is

unanimously affirmed. 

Memorandum: Defendant appeals from a judgment convicting him,

upon his plea of guilty, of criminal possession of a controlled

substance in the third degree (Penal Law § 220.16 [1]). We agree with

defendant that the waiver of the right to appeal is invalid because

“the minimal inquiry made by County Court was insufficient to

establish that the court engage[d] the defendant in an adequate

colloquy to ensure that the waiver of the right to appeal was a

knowing and voluntary choice” (People v Jones, 107 AD3d 1589, 1589, lv

denied 21 NY3d 1075 [internal quotation marks omitted]; see People v

Garcia-Cruz, 138 AD3d 1414, 1414, lv denied 28 NY3d 929; People v

Dudden, 138 AD3d 1452, 1453, lv denied 28 NY3d 929). Here, the court

failed to ensure that defendant “understood that the right to appeal

is separate and distinct from those rights automatically forfeited

upon a plea of guilty” (People v Lopez, 6 NY3d 248, 256). 

Nevertheless, by failing to move to withdraw the plea or to

vacate the judgment of conviction, defendant has failed to preserve

for our review his challenge to the factual sufficiency of the plea

allocution (see People v Lopez, 71 NY2d 662, 665; People v Bertollini

[appeal No. 2], 141 AD3d 1163, 1164; People v Allen, 137 AD3d 1719,

1719, lv denied 27 NY3d 1127). In any event, we conclude that “the

allocution shows that the defendant understood the charges and made an

intelligent decision to enter a plea” (People v Goldstein, 12 NY3d

295, 301). 
-2- 985 

KA 14-01622 

Defendant’s challenge to the legal sufficiency of the evidence

before the grand jury does not survive the guilty plea (see People v

Gillett, 105 AD3d 1444, 1445; People v Lawrence, 273 AD2d 805, 805, lv

denied 95 NY2d 867; see generally People v Iannone, 45 NY2d 589, 600-

601). Defendant’s challenge to the sufficiency of the factual

allegations in the indictment likewise does not survive the guilty

plea (see People v Sims, 129 AD3d 1509, 1510, lv denied 26 NY3d 935;

People v Holt, 173 AD2d 644, 645; see generally Iannone, 45 NY2d at

600-601). 

Entered: November 18, 2016 Frances E. Cafarell

Clerk of the Court
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

RASHAN MICKENS,

Petitioner

v.

PHILADELPHIA COUNTY COURT OF 

COMMON PLEAS,

Respondent

:

:

:

:

:

:

:

:

:

:

:

:

No. 109 EM 2018

ORDER

PER CURIAM

AND NOW, this 26th day of November, 2018, the Application for Leave to File 

Original Process is GRANTED, and the Petition for Writ of Mandamus is DENIED.
0 

.. 

C'i 

\.2;) REF ID: A41489f'P) 

COPY. "--' 

Mr. Bancroft Gherardi, 

A. T. & T. CO~, 196 Broadway, 

New York City. 

~y dear Mr. Gherardi: 

June !7, ~919:,.r!f" ,~~/.:· • 

The fact that we demonstrated to our own satis~action 

that the machine· cipher could be successfully attacked, and so reported to 

the Signal Corps, seems to have raised the ire of' some of the experts in 

Washington, and they are desirous that we prove our statements by the deciphering of messages Nos. 1, 5, 6 and 7, which you sent us under date of 

June 11, 1918,.a1'd of which you undoubtedly hav~ copies. 

· Knowing the :rBmif'ications of your great machine, I 

hesitate to tackle this job on.account or the time and the ~umber or·oper- ~/ atives neoEissary, ·and the expense, but ~onsistent with the proposition as 

it is now put up to me through the Adjutant General's office , it may be my 

duty to proceed, but before doing so, I would like to ask a favor, and that . . " . is, that you will furnish me, from wherever these messages· left of'f' on the 

camouflage tapes with messages Nos. 8, 9 and 10, of say, 500 to 700 letters 

each, f'or the reason that we feel that it would materially lessen the necessary 

amount or labor and consequent expense~ 

. I think I have made it plain that we want three additional 

messages beginning where presumably No. 7 left off on the double key tapes. 

I take it for granted that you are as much interested aa· 

the Government in knawing any weakli.ess in this system, and while I think you 

are ·skeptical· u they are about it, I 'think you would prefer the information 

in order to ~ke the necessary changes rather than have the work of this 

machine deciphered by an enemy. 

I will say for your information that I am on a strict 

diet and I could not avail myself' of the good dinner you promised in the 

event of our deciphering these messages. 

I desire to express my personal regre.t that w_e find 

o\irselves on opposite sides of' the f'ence,.both sure or our ground, but the 

lssue at stake is. the good of' the service. Trusting to hear from you prompt];f', 

and thanking you in advance, I remain · 

Sincerely yours, 

(signed) George Fabyan. 

@'pp roved for Release by NSA on 11-19-2014 pursuantto E .0. 1352a 

1 

-.
Opinion issued June 23, 2016

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01 - 15 - 00402 - CR

——————————— BIRSHAL DION MITCHEL L , Appellant

V. THE STATE OF TEXAS , Appellee
On Appeal from the 337th District Court

Harris County, Texas Trial Court Ca se No. 586939

MEMORANDUM OPINION In 1991, a ppellant, Birshal Dion Mitchel l , without an agreed recommendation from the State, pleaded guilty to the felony offense of aggravated robbery
. 1 The trial

1 See T EX . P ENAL C ODE A NN . § 2 9 .0 3 (West 201 1).2

court deferred an adjudication of appellant’s guilt and placed him on probation for a period of ten years. After the State moved to adjudicate guilt , t he trial court found that appellan t had violated the terms of his probation, adjudicated him guilty, and assessed punishment at confinement for twenty years and a $1,000.00 fine

. In March 2015 , a ppellant filed a pro se motion for judgment nunc pro tunc , contending that his street
- time credit for time spent out of custody while on parole was not properly determined
. See Ex parte Spann , 132 S.W.3d 390, 392 n.2 (Tex. Crim. App. 2004) (“ Street

- time credit refers to calendar time a person receives towards his sentence for days sp ent on parole or mandatory supervision. ”). The trial court denied the motion. A ppellant filed a pro se notice of appeal
. We dismiss the appeal for want of jurisdiction
. The right to appeal in a criminal case is a statutorily created right. See T EX . C ODE C R IM . P ROC . A NN . art. 44.02 (West 2006); Bayless v. State , 91 S.W.3d 801, 805 (Tex. Crim. App. 2002). Generally, a criminal defendant may appeal only from a final judgment. State v. Sellers , 790 S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990). The denial of a motion for judgment nunc pro tunc is not an appealable order. See Desilets v
. State , No. 09

- 16

- 00104

- CR, 2016 WL 3020131, at *1 (Tex. App.

— Beaumont May 25, 2016, no pet. h.) (citing Sellers , 790 S.W.2d at 321 n.4; Sanchez v. State , 112 S.W. 3d 311, 311

– 12 (Tex. App.

— Corpus Christi 2003, no pet.); Everett v. State , 82 S.W.3d 735, 735 (Tex. App.

— Waco 2002, pet. dism’d) ) ; see also Abbott3

v. State , 271 S.W.3d 694, 697 (Tex. Crim. App. 2008) (concluding court of appeals lacked jurisdiction to decide merits of appeal of post

- judgment order denying appellant’s time

- credit motion)
. Accordingly, we dismiss this appeal for want of jurisdiction. See T EX . R. A PP . P. 43 .2(f). We dismiss any pendin g motions as moot. PER CURIAM
Panel consists of Chief Justice Radack and Justices Jennings and Lloyd. Do not publish. T EX . R. A PP . P. 47.2( b).
<TABLE> <S> <C>

<ARTICLE>    5
       
<S>                             <C>
<PERIOD-TYPE>                  12-MOS           
<FISCAL-YEAR-END>                                    DEC-31-1998 
<PERIOD-END>                                         DEC-31-1998 
<CASH>                                                   490,649 
<SECURITIES>                                                   0 
<RECEIVABLES>                                         12,642,254 
<ALLOWANCES>                                         (1,470,026) 
<INVENTORY>                                            8,494,276 
<CURRENT-ASSETS>                                      20,492,343 
<PP&E>                                                 9,020,078 
<DEPRECIATION>                                       (2,412,447) 
<TOTAL-ASSETS>                                        51,044,120 
<CURRENT-LIABILITIES>                                 29,101,928 
<BONDS>                                                        0 
<PREFERRED-MANDATORY>                                          0 
<PREFERRED>                                            6,337,946 
<COMMON>                                                  57,121 
<OTHER-SE>                                             3,178,421 
<TOTAL-LIABILITY-AND-EQUITY>                          51,044,120 
<SALES>                                               41,931,617 
<TOTAL-REVENUES>                                      41,931,617 
<CGS>                                                 26,259,735 
<TOTAL-COSTS>                                         18,103,417 
<OTHER-EXPENSES>                                         (4,738) 
<LOSS-PROVISION>                                               0 
<INTEREST-EXPENSE>                                     1,711,566 
<INCOME-PRETAX>                                      (4,238,363) 
<INCOME-TAX>                                                   0 
<INCOME-CONTINUING>                                  (4,238,363) 
<DISCONTINUED>                                       (1,592,820) 
<EXTRAORDINARY>                                                0 
<CHANGES>                                                      0 
<NET-INCOME>                                         (5,831,183) 
<EPS-PRIMARY>                                             (1.62) 
<EPS-DILUTED>                                             (1.62) 
                                                    

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AND THE CONSOLIDATED STATEMENT OF INCOME AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-30-1995
<PERIOD-START>                             JAN-01-1995
<PERIOD-END>                               SEP-30-1995
<CASH>                                           2,458
<SECURITIES>                                         0
<RECEIVABLES>                                   87,943
<ALLOWANCES>                                     (654)
<INVENTORY>                                     36,980
<CURRENT-ASSETS>                               143,864
<PP&E>                                         252,142
<DEPRECIATION>                                (74,024)
<TOTAL-ASSETS>                                 422,169
<CURRENT-LIABILITIES>                           55,791
<BONDS>                                        137,300
<COMMON>                                        12,900
<PREFERRED-MANDATORY>                           98,214
<PREFERRED>                                          0
<OTHER-SE>                                      87,750
<TOTAL-LIABILITY-AND-EQUITY>                   422,169
<SALES>                                        534,564
<TOTAL-REVENUES>                               536,266
<CGS>                                          412,042
<TOTAL-COSTS>                                  412,042
<OTHER-EXPENSES>                               106,469
<LOSS-PROVISION>                                   622
<INTEREST-EXPENSE>                               8,006
<INCOME-PRETAX>                                  9,127
<INCOME-TAX>                                     3,587
<INCOME-CONTINUING>                              5,540
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     5,540
<EPS-PRIMARY>                                      .36
<EPS-DILUTED>                                      .47
        

</TABLE>