alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
June 27, 1997

Alabama Synfuel #1, Ltd.
c/o Covol Technologies, Inc.
3280 North Frontage Road
Lehi, Utah 84043

Covol Technologies, Inc.
3280 North Frontage Road
Lehi, Utah 84043

         Re:  Letter Amendment

Gentlemen:

         Reference is made to (i) the Alabama Project Purchase Agreement,  dated
as of March 20, 1997 (the "Project  Purchase  Agreement"),  by and among Alabama
Synfuel #1, Ltd. and Covol  Technologies,  Inc., as sellers,  and Birmingham Syn
Fuel, LLC, as buyer,  and (ii) the  Conditional  Option  Agreement,  dated as of
March 20, 1997 (the "Option  Agreement"),  by and among  Birmingham  Syn Fuel I,
Inc. (Birmingham Syn Fuel II, Inc. and PacifiCorp  Financial Services,  Inc., on
the one hand, and Alabama Synfuel #1, Ltd. and Covol Technologies,  Inc., on the
other hand.

         The parties to the Project Purchase  Agreement hereby amend the Section
5.3(c) of the Project  Purchase  Agreement by deleting  the  language  "June 30,
1997" and inserting in its place the language "November 30, 1997".

         The parties to the Option  Agreement hereby amend  subsections  1(b)(i)
and (ii) of the Option  Agreement by deleting  the language  "June 30, 1997" and
inserting in its place the language  "November 30, 1997" for subsection  1(b)(i)
and "August 31, 1997" for subsection 1(b)(ii), respectively.

         This letter agreement may be executed in one or more counterparts,  all
of which shall be considered one and the same letter agreement.

                                Very truly yours,

                                     BIRMINGHAM SYN FUEL I, INC.

                                     By: /s/ Reynold Roeder
                                        --------------------
                                     Name: Reynold Roeder
                                     Title:Vice President

<PAGE>

                                     BIRMINGHAM SYN FUEL II, INC.

                                     By: /s/ Reynold Roeder
                                        --------------------
                                     Name: Reynold Roeder
                                     Title:Vice President


                                     BIRMINGHAM SYN FUEL, LLC

                                     By: /s/ Reynold Roeder
                                        --------------------
                                     Name: Reynold Roeder
                                     Title:Vice President


                                     PACIFICORP FINANCIAL SERVICES, INC.

                                     By: /s/ Reynold Roeder
                                        --------------------
                                     Name: Reynold Roeder
                                     Title:Vice President

ACCEPTED AND AGREED TO
AS OF THE DATE FIRST SET
FORTH ABOVE:

Alabama Synfuel #1, Ltd.

By: /s/ Brent M. Cook
   -------------------------------------------------------------
Name: Brent M. Cook
Title: President of Covol Technologies, Inc., a general partner

Covol Technologies, Inc.

By: /s/ Brent M. Cook
   -------------------
Name: Brent M. Cook
Title: President

                                        2
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 Form 10-Q of Microtune, Inc. (the Company) for the quarter ended September 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, James A. Fontaine, Chief 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:



| | (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/ JAMES A. FONTAINE                                              
|James A. Fontaine                                                  
|Chief Executive Officer and President (Principal Executive Officer)

Date: January 22, 2007
<PAGE>   1
Exhibit 11. 1 - Computation of Per Share Earnings



<TABLE>
<CAPTION>
                                                                    For the Year Ended June 30,
                                                      --------------------------------------------------


                                                          1998                1997                1996
<S>                                                    <C>                <C>                 <C>       
Basic earnings per common share
   Net income for calculating basic earnings
   per common share ........................          $7,236,000          $7,542,000          $  417,000
                                                      ==========          ==========          ==========

   Average common shares outstanding .......           4,654,000           4,187,000           2,892,000
                                                      ----------          ----------          ----------

   Basic earnings per common share .........          $     1.55          $     1.80          $     0.14
                                                      ==========          ==========          ==========

Diluted earnings per common share
   Net income for calculating basic earnings
   per common share ........................          $7,236,000          $7,542,000          $  417,000
                                                      ==========          ==========          ==========

   Average common shares outstanding .......           4,654,000           4,187,000           2,892,000

   Add exercise of options and warrants ....             142,000                  --                  --
                                                      ----------          ----------          ----------

   Diluted common shares outstanding .......           4,796,000           4,187,000           2,892,000
                                                      ==========          ==========          ==========

   Diluted earnings per common share ......          $     1.51          $     1.80          $     0.14
                                                      ==========          ==========          ==========
</TABLE>
CERTIFICATIONS PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     I, Elwin Cathcart of VHS Network, Inc.(the  "Company") certify pursuant
to Section  906  of  the  Sarbanes-Oxley  Act  of  2002, 18 U.S.C. Section
1350 that:

(1)  the Quarterly Report of the Company for the quarterly period ended June 30,
     2002 (the "Report") fully complies with the requirements of section 3(a) or
     15(d)  of  the  Securities  and  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.


Dated: August 15, 2002
                         /s/ Elwin Cathcart
                         ______________________________________
                         By: Elwin Cathcart
                         Chief Executive Officer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY INFORMATION EXTRACTED FROM THE LCA-VISION INC.
CONDENSED CONSOLIDATED BALANCE SHEET AT DECEMBER 31, 1998, AND THE RELATED
CONDENSED CONSOLIDATED STATEMENT OF OPERATIONS FOR THE YEAR ENDED DECEMBER 31,
1998, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<CIK> 0001003130
<NAME> LCA-VISION INC.
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                              JAN-1-1998
<PERIOD-END>                               DEC-31-1998
<EXCHANGE-RATE>                                0.00001
<CASH>                                           6,496
<SECURITIES>                                         0
<RECEIVABLES>                                    2,516
<ALLOWANCES>                                   (1,397)
<INVENTORY>                                         44
<CURRENT-ASSETS>                                 9,031
<PP&E>                                          16,831
<DEPRECIATION>                                   7,398
<TOTAL-ASSETS>                                  31,377
<CURRENT-LIABILITIES>                            5,454
<BONDS>                                          2,724
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      7,687
<COMMON>                                           103
<OTHER-SE>                                      15,409
<TOTAL-LIABILITY-AND-EQUITY>                    31,377
<SALES>                                             17
<TOTAL-REVENUES>                                35,200
<CGS>                                                0
<TOTAL-COSTS>                                   24,463
<OTHER-EXPENSES>                                24,165
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 786
<INCOME-PRETAX>                               (13,061)
<INCOME-TAX>                                       157
<INCOME-CONTINUING>                           (13,736)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         0
<EPS-PRIMARY>                                   (0.36)
<EPS-DILUTED>                                   (0.36)
        

</TABLE>
CERTIFICATION OF
                          CHIEF EXECUTIVE OFFICER AND
                            CHIEF FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the accompanying Quarterly Report on Form 10-QSB of
Transcendent, Inc. for the quarter ending June 30, 2004, I, Thomas Phanco,
Chief Executive Officer and Chief Financial Officer of Transcendent, Inc. 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 my knowledge and belief, that:

     1.   Such Quarterly Report of Form 10-QSB for the period ending June 30,
          2004, 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 Quarterly Report on Form 10-QSB for
          the period ended June 30, 2004, fairly represents in all material
          respects, the financial condition and results of operations of
          Transcendent, Inc.

Dated:    August 12, 2004

Transcendent, Inc.


By:  /s/ Thomas Phanco
-----------------------------------------
Chief Executive Officer
Chief Financial Officer
Order entered December 12, 2022

In The 

### Court of Appeals Fifth District of Texas at Dallas
No. 05
- 22
- 00145
- CV
WILLIAM W. MCGUIRE , Appellant

V. FIRST UNITED BANK AND TRUST COMPANY , Appellee On App eal from the 429th Judicial District Court

Collin County, Texas Trial Court Cause No. 429
- 03797
- 2012

O RDER On October 25, 2022, we granted appellee’s motion to extend time to file its
brief after appellee informed us that the parties had begun working on a settlement
agreem e nt

. Our order granting the extension direct ed the brief or a status report be filed no later than November 23, 2022 if a motion to dismiss had not yet been filed. To date, no motion to dismiss has been filed and neither has the brief or status report. Accordingly, we ORDER a motion to dismiss, appellee’s brief , or a status report be filed no later than December 2 8 , 2022

.We caution that f ailure to comply may result in the appeal being submitted on appellant’s brief alone.

/s/ BONNI E LEE GOLDSTEIN JUSTICE
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

Albert Robert Christie, II, :

:

Plaintiff(s), :

: Case Number: 1:17cv167

vs. :

: Judge Susan J. Dlott

Enerfab Inc., :

:

Defendant(s). :

ORDER

The Court having been advised by counsel for the parties that the above matter has been

settled, IT IS ORDERED that this action (including all claims by all parties) is hereby

DISMISSED WITH PREJUDICE, provided that any of the parties may, upon good cause shown

not later than March 5, 2019, reopen the action if settlement is not consummated. The parties

may substitute a judgment entry contemplated by the settlement agreement upon approval of the

Court. Parties intending to preserve this Court’s jurisdiction to enforce a settlement should be

aware of Kokkonen v Guardian Life Ins. Co. Of America, 511 U.S. 375, 381-82 (1994), and

incorporate appropriate language in any substituted judgment entry.

This Court explicitly retains jurisdiction to enforce the settlement agreement reached by

the parties.

Each party shall bear its own costs.

IT IS SO ORDERED.

___s/Susan J. Dlott___________

Susan J. Dlott

United States District Court
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4060 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4060

   To amend the Department of the Interior, Environment, and Related 
  Agencies Appropriations Act, 2010 to repeal a provision of that Act 
                relating to geothermal energy receipts.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            November 6, 2009

Mr. Thompson of California (for himself and Mr. Heller) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 A BILL

 
   To amend the Department of the Interior, Environment, and Related 
  Agencies Appropriations Act, 2010 to repeal a provision of that Act 
                relating to geothermal energy receipts.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REPEAL OF GEOTHERMAL ENERGY RECEIPTS PROVISION.

    Section 423 of the Department of the Interior, Environment, and 
Related Agencies Appropriations Act, 2010 is repealed.
                                 <all>
```
```

[Federal Register: October 26, 2010 (Volume 75, Number 206)]
[Notices]               
[Page 65610-65611]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26oc10-33]                         

=======================================================================
-----------------------------------------------------------------------

COMMISSION ON CIVIL RIGHTS

 
Agenda and Notice of Public Meeting of the South Dakota Advisory 
Committee

    Notice is hereby given, pursuant to the provisions of the rules and 
regulations of the U.S. Commission on Civil Rights (Commission), and 
the Federal Advisory Committee Act (FACA), that a planning meeting of 
the South Dakota Advisory Committee to the Commission will convene by 
conference call at 1 p.m. (MT) on Wednesday, November 10, 2010. The 
purpose of this meeting is to provide a brief overview of recent 
Commission and regional activities, discuss civil rights issues in the 
State, receive update on subcommittee to organize a ``working group'' 
to address law enforcement issues in Mellette County. The Committee 
will also discuss current progress on excise taxation of members of the 
Sisseton-Wahpeton Oyate Tribe. This meeting is available to the public 
through the following toll-free call-in and conference ID numbers: 1-
800-516-9896; conference ID 8334. Any interested member of the public 
may call this number and listen to the meeting. Callers can expect to 
incur charges for calls they initiate over wireless lines, and the 
Commission will not refund any incurred charges. Callers will incur no 
charge for calls they initiate over land-line connections to the toll-
free telephone number. Persons with hearing impairments may also follow 
the proceedings by first calling the Federal Relay Service at 1-800-
977-8339 and providing the Service with the conference call number and 
conference ID.
    To ensure that the Commission secures an appropriate number of 
lines for the public, persons are asked to register by contacting 
Evelyn Bohor of the Rocky Mountain Regional Office and TTY/TDD (303) 
866-1049 by noon on November 5.
    Members of the public are entitled to submit written comments. The 
comments must be received in the regional office by December 10, 2010. 
The address is: U.S. Commission on Civil Rights, Rocky Mountain 
Regional Office, 999-18th Street, Suite 1380 South, Denver, CO 80202. 
Comments may be e-mailed to ebohor@usccr.gov. Records generated by this 
meeting may be inspected and reproduced at the Rocky Mountain Regional 
Office, as they become available, both before and after the meeting. 
Persons interested in the work of this advisory committee are advised 
to go to the Commission's Web site, http://www.usccr.gov, or to contact

[[Page 65611]]

the Rocky Mountain Regional Office at the above e-mail or street 
address.
    The meeting will be conducted pursuant to the provisions of the 
rules and regulations of the Commission and FACA.

    Dated in Washington, DC, October 21, 2010.
Peter Minarik,
Acting Chief, Regional Programs Coordination Unit.
[FR Doc. 2010-26996 Filed 10-25-10; 8:45 am]
BILLING CODE 6335-01-P
```
[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)]
[Notices]
[Pages 22254-22255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09105]


-----------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration #14276 and #14277]


Rhode Island Disaster #RI-00014

AGENCY: U.S. Small Business Administration.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This is a Notice of the Presidential declaration of a major 
disaster for Public Assistance Only for the State of Rhode Island 
(FEMA-4212-DR), dated 04/03/2015.
    Incident: Severe Winter Storm and Snowstorm.
    Incident Period: 01/26/2015 through 01/28/2015
    Effective Date: 04/03/2015.
    Physical Loan Application Deadline Date: 06/02/2015.

[[Page 22255]]

    Economic Injury (EIDL) Loan Application Deadline Date: 01/04/2016.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street SW., 
Suite 6050, Washington, DC 20416.

SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of 
the President's major disaster declaration on 04/03/2015, Private Non-
Profit organizations that provide essential services of governmental 
nature may file disaster loan applications at the address listed above 
or other locally announced locations.
    The following areas have been determined to be adversely affected 
by the disaster:

Primary Counties:
    Bristol, Kent, Newport, Providence, Washington.

    The Interest Rates are:

------------------------------------------------------------------------
                                                                Percent
------------------------------------------------------------------------
For Physical Damage:
  Non-Profit Organizations With Credit Available Elsewhere...      2.625
  Non-Profit Organizations Without Credit Available Elsewhere      2.625
For Economic Injury:
  Non-Profit Organizations Without Credit Available Elsewhere      2.625
------------------------------------------------------------------------
The number assigned to this disaster for physical damage is 14276B and
  for economic injury is 14277B.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

Joseph P. Loddo,
Acting Associate Administrator for Disaster Assistance.
[FR Doc. 2015-09105 Filed 4-20-15; 8:45 am]
 BILLING CODE 8025-01-P
1 The HONORABLE MICHAEL J. MELLOY, Chief Judge, United States District Court for the Northern District of Iowa. ___________ No. 96-1766

___________ Keith Freisinger, * * Appellant, * * Appeal from the United States v. * District Court for the * Northern District of Iowa. United States of America, * * [UNPUBLISHED] Appellee. *

___________ Submitted: December 18, 1996 Filed: December 26, 1996

___________ Before BOWMAN, MAGILL, and LOKEN, Circuit Judges.

___________ PER CURIAM.
In 1990, a jury found Keith Freisinger guilty of one count of possessing cocaine with intent to distribute and four counts of carrying a firearm in relation to a drug-trafficking crime. We affirmed the conviction on direct appeal, United States v. Freisinger , 937 F.2d 383 (8th Cir. 1991), and later affirmed the denial of his initial § 2255 motion, Freisinger v. United States , No. 92-2479, 1993 WL 40836 (8th Cir. Feb. 19, 1993) (per curiam). In 1995, Freisinger filed the instant § 2255 motion. The district court 1 summarily denied the motion, and we again affirm.
Freisinger first argues that his conviction in federal court violated the Double Jeopardy Clause because his property was previously forfeited in Iowa state civil proceedings. This claim-2- is foreclosed by United States v. Ursery , 116 S. Ct. 2135, 2147-49 (1996), and United States v. Quinn , 95 F.3d 8 (8th Cir. 1996). He next argues that his firearm conviction was unlawful in light of Bailey v. United States , 116 S. Ct. 501 (1995). However, his reliance on Baileyis misplaced because he was convicted of "carrying" a firearm. See United States v. Willis , 89 F.3d 1371, 1378-79 (8th Cir.), cert. denied , 117 S. Ct. 273 (1996). He next argues that his constitutional rights were violated when a urine sample was taken while he was in custody. The district court properly denied that claim as an abuse of the writ. See United States v. Fallon , 992 F.2d 212, 213 (8th Cir. 1993) (McCleskey standard applies to second § 2255 motion); Cornman v. Armontrout , 959 F.2d 727, 729 (8th Cir. 1992) (pro se status and lack of legal knowledge do not constitute "cause").
Finally, Freisinger argues for the first time on appeal that this court erred on direct appeal when we construed 18 U.S.C. § 924(c) as permitting multiple firearm charges during a single drug-trafficking offense. See Freisinger , 937 F.2d at 388-90. That issue is not properly before us.
Accordingly, we affirm.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.