alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Gloria Kremer et al., Appellants, v 47 Montauk Highway Corp., Respondent.

[767 NYS2d 901]

*497In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Pitts, J.), entered September 5, 2002, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff Gloria Kremer allegedly sustained injuries when she tripped and fell in a shopping center owned by the defendant. Contrary to the plaintiffs’ contention, the Supreme Court properly granted the defendant’s motion for summary judgment. In support of its motion, the defendant established, prima facie, that the alleged defect which caused the injured plaintiff to trip and fall was too trivial, as a matter of law, to be actionable *(see Trincere v County of Suffolk,*90 NY2d 976 [1997]; *Pennella v*277 *Bronx Riv. Rd. Owners,*309 AD2d 793 [ 2003]; *Tallis v Fleet Bank,*306 AD2d 400 [2003]). In opposition to the motion, the plaintiffs failed to raise a triable issue of fact as to whether the alleged defect constituted a trap, or nuisance *(see Tallis v Fleet Bank, supra; Torres v City of New York,*300 AD2d 391 [2002]). Florio, J.P., Friedmann, Townes and Cozier, JJ., concur.
#### Derrick D. NAILS, DOC #T36037, Appellant, v. STATE of Florida, Appellee.

Case No. 2D16-3351

District Court of Appeal of Florida, Second District.

Opinion filed February 24, 2017.

Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Kimberly K. Fernandez, Judge.

Affirmed.
|                                                                
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|                                                                
|View History: Annual Download Data (XLS File)                  
|View History: Annual                                            
|View History: Annual                                            
|View History:                                                   
|                                                                
|Rhode Island Natural Gas Total Consumption  (Million Cubic Feet)
|                                                                
|                                                                
|Rhode Island Natural Gas Total Consumption  (Million Cubic Feet)
|                                                                

|Decade                                                                                                                            | Year-0 | Year-1  | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7  | Year-8  | Year-9 
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------- | ------ | ------ | ------ | ------ | ------ | ------- | ------- | -------
|1990's                                                                                                                            |        |         |        |        |        |        |        | 117,707 | 130,751 | 118,001
|2000's                                                                                                                            | 88,419 | 95,607  | 87,805 | 78,456 | 72,609 | 80,764 | 77,204 | 87,972  | 89,256  | 92,743 
|2010's                                                                                                                            | 94,110 | 100,455 | 95,476 | 85,537 | 88,886 | 93,886 | 85,977 | 92,061  | 101,796 | 95,170 
|2020's                                                                                                                            | 98,140 | 102,501 | 98,416 |        |        |        |        |         |         |        
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024
IA 

112TH CONGRESS 

1ST SESSION H. J. RES. 20 

Proposing an amendment to the Constitution of the United States to limit 

the number of consecutive terms that a Member of Congress may serve. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 18, 2011 

Mr. PLATTS introduced the following joint resolution; which was referred to 

the Committee on the Judiciary 

JOINT RESOLUTION 

Proposing an amendment to the Constitution of the United 

States to limit the number of consecutive terms that 

a Member of Congress may serve. 

1 Resolved by the Senate and House of Representatives 

2 of the United States of America in Congress assembled

3 (two-thirds of each House concurring therein), That the fol4 lowing article is proposed as an amendment to the Con5 stitution of the United States, which shall be valid to all 

6 intents and purposes as part of the Constitution when 

7 ratified by the legislatures of three-fourths of the several 

8 States within five years after the date of its submission 

9 for ratification: 


tjames on DSKG8SOYB1PROD with BILLS
2 

•HJ 20 IH 

1 ‘‘ARTICLE — 

2 ‘‘SECTION 1. No person who has been a Senator for 

3 two full consecutive terms shall again be a Senator until 

4 the date that is one year after the end of such second 

5 full consecutive term. 

6 ‘‘SECTION 2. No person who has been a Representa7 tive for six full consecutive terms shall again be a Rep8 resentative until the date that is one year after the end 

9 of the sixth full consecutive term. 

10 ‘‘SECTION 3. For the purposes of this article, any 

11 term that began before the date of the ratification of this 

12 article shall not be included in determining the number 

13 of full consecutive terms that a person has been a Senator 

14 or Representative.’’. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS
Summary of 2012 and 2013 Executive Officer Bonus Plan



 Exhibit 10.13 

EnerNOC, Inc. 
 Summary of 2012 and 2013 Executive Officer Bonus Plan 
 The Company’s executive officers have
the following bonus targets (expressed as a percentage of salary unless otherwise stated): 
  

					
	 Name and Position
	  	Target Bonus (%)	 
	 Timothy G. Healy

Chief Executive Officer and Chairman
	  	 	100	% 
		
	 David B. Brewster

President
	  	 	75	% 
		
	 David M. Samuels

Executive Vice President
	  	 	75	% 
		
	 Gregg M. Dixon

Senior Vice President of Marketing
	  	 	115	% 
		
	 Kevin Bligh

Chief Accounting Officer
	  	 	40	% 

 Each executive officer’s 2012 and 2013 bonus amount will be determined based
upon the Company’s achievement of certain pre-determined revenue, adjusted EBITDA and earnings per share targets applicable to 2012 and 2013, respectively (collectively, the “Targets”), which Targets have been set by the
Board. Twenty-five percent of each of the 2012 and 2013 bonus amount payable to each executive officer for performance in 2012 and 2013, respectively, shall be paid in shares of the Company’s common stock, par value $0.001 per share
(“Common Stock”), such percentage subject to increase to 100% at the election of the executive officer, provided that such election was submitted to the Company’s executive vice president prior to the close of the NASDAQ Global Market
on February 27, 2012 for the 2012 bonus amount and February 29, 2012 for the 2013 bonus amount. The Common Stock portions of each of the 2012 and 2013 bonus amount will be granted on the third business day following the Company’s
earnings release for the quarter and fiscal year ended December 31, 2011, or March 1, 2012 (the “Grant Date”), and the number of shares of Common Stock awarded will be based on the closing price of the Common Stock on the Grant
Date as reported on NASDAQ. Should the executive officer remain employed by the Company, the Common Stock portions of each of the 2012 and 2013 bonus amount will vest in full upon certification of the achievement of the Targets by the Compensation
Committee of the Board of Directors of the Company, such certification to be finalized between
February 1st and March 15th of each year. 

The remainder of the 2012 and 2013 bonus amount for the executive officers who elect not to receive their entire 2012 and 2013 bonus
amount in shares of Common Stock will be payable in cash subsequent to the certification described above, except for the Company’s chief executive officer and chairman, who will receive the remainder of his 2012 and 2013 bonus amount in shares
of Common Stock in early 2013 and 2014, respectively, pursuant to the terms of his employment agreement.
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JANUARY 12, 2021

NO. 03

- 20

- 00546

- CR

Ex parte Edward Johnson, Appellant

APPEAL FROM THE 403RD DISTRICT COURT OF TRAVIS COUNTY

BEFORE CHIEF JUSTICE BYRNE, JUSTICES BAKE R AND SMITH

DISMISSED FOR WANT OF JURISDICTION

-- OPINION BY CHIEF JUSTICE BYRNE

This is an appeal from the judgment of conviction r en d ered by the tr i a l court. Having reviewed

the record, it appe ars that th e Court lacks jurisdiction over this appeal . Therefore, the Court

dismisses the appeal for want of jurisdiction

. Because appellant is indigent and u nable to pay

costs, no adjudica t i on of costs is made.
<PAGE>
                                                           Exhibit 32(a)

                      CERTIFICATION OF PERIODIC REPORT
                      ________________________________


     I, Mark F. Furlong, certify, pursuant to Section 906 of the Sarbanes-
Oxley Act of 2002, 18 U.S.C. Section 1350, that to my knowledge:

     (1)  the Quarterly Report on Form 10-Q of marshall & Ilsley
          Corporation (the "Company") for the quarter ended March 31, 2007
          (the "Report") fully complies with the requirements of Section
          13(a) or 15(d) of the Securities Exchange Act of 1934 (14 U.S.C.
          78m or 78o(d)); and

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


Dated:    May 10, 2007


                              /s/ Mark F. Furlong
                              ______________________________

                              Mark F. Furlong
                              Chief Executive Officer
                              Marshall & Ilsley Corporation




This certification accompanies this Quarterly Report on Form 10-Q pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed
filed by Marshall & Ilsley Corporation for purposes of the Securities
Exchange Act of 1934.



MW1314339_1
Court of Appeals of the State of Georgia Clerk's Office, Atlanta, August 10, 2017. I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk. 

# Court of Appeals of the State of Georgia
ATLANTA, August 10, 2017 The Court of Appeals hereby passes the following order A17D0558. IN THE INTEREST OF: M. R. et al., CHILDREN (MOTHER).
Upon consideration of the Application for Discretionary Appeal, it is ordered that it be hereby DENIED.
LC NUMBERS: 16JV0636 16JV0635 16JV0637 16JV0634
No. 12-320.

#### Buniff *v.*Cain, Warden.

C. A. 5th Cir. Cer-tiorari denied.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7869

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus WILLIE RAY HAWKINS, JR., Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Salisbury. N. Carlton Tilley, Jr., Chief District Judge. (CR-94-264-4; CA-03-259-1) Submitted: May 27, 2004 Decided: June 2, 2004 Before WIDENER, MICHAEL, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Willie Ray Hawkins, Jr., Appellant Pro Se. Harry L. Hobgood, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Willie Ray Hawkins, Jr., a federal prisoner, seeks to appeal the district court’s order denying his 28 U.S.C. § 2255 (2000) motion as successive. An appeal may not be taken from the final order in a § 2255 proceeding unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue for claims addressed by a district court absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find both that his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. See Miller-El v. Cockrell , 537 U.S. 322, 336 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed the record and conclude that Hawkins has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
Exhibit 24.13

LIMITED POWER OF ATTORNEY

Know all by these presents, that the undersigned hereby constitutes and appoints each of Catherine Hill and Cynthia Scheuer, signing singly, the undersigned's true and lawful attorney-in-fact to: 

(1)  execute for and on behalf of the undersigned, in the undersigned's capacity as an officer and/or director of Mechanical Technology, Inc. (the "Company"), Forms 3, 4, and 5 in accordance with Section 16(a) of the Securities Exchange Act of 1934 and the rules thereunder; 

(2)  do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such Form 3, 4, or 5, complete and execute any amendment or amendments thereto, and timely file such form with the United States Securities and Exchange Commission and any stock exchange or similar authority; and 

(3) take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorney-in-fact, may be of benefit to, in the best interest of, or legally required by, the undersigned, it being understood that the documents executed by such attorney-in-fact on behalf of the undersigned pursuant to this Power of Attorney shall be in such form and shall contain such terms and conditions as such attorney-in-fact may approve in such attorney-in-fact's discretion. 

The undersigned hereby grants to each such attorney-in-fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary, or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact, or such attorney-in-fact's substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted.  The undersigned acknowledges that the foregoing attorneys-in-fact, in serving in such capacity at the request of the undersigned, are not assuming, nor is the Company assuming, any of the undersigned's responsibilities to comply with Section 16 of the Securities Exchange Act of 1934.

This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms 3, 4, and 5 with respect to the undersigned's holdings of and transactions in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorneys-in-fact. 

IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 11th day of September, 2003. 

s/Steven N. Fischer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S 10-Q FOR THE PERIOD ENDED OCTOBER 12, 1996 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS AND THE NOTES THERETO.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-29-1997
<PERIOD-END>                               OCT-12-1996
<CASH>                                          10,628
<SECURITIES>                                         0
<RECEIVABLES>                                   24,040
<ALLOWANCES>                                         0
<INVENTORY>                                     94,418
<CURRENT-ASSETS>                               137,125
<PP&E>                                         351,750
<DEPRECIATION>                                 117,079
<TOTAL-ASSETS>                                 393,310
<CURRENT-LIABILITIES>                          113,080
<BONDS>                                        146,318
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     8,393,323<F1>
<OTHER-SE>                                      88,377
<TOTAL-LIABILITY-AND-EQUITY>                   393,310
<SALES>                                        449,099
<TOTAL-REVENUES>                               449,099
<CGS>                                          339,919
<TOTAL-COSTS>                                  435,363<F2>
<OTHER-EXPENSES>                                 5,633
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,824
<INCOME-PRETAX>                                  4,279
<INCOME-TAX>                                     1,540
<INCOME-CONTINUING>                              2,739
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,739
<EPS-PRIMARY>                                    $0.33<F3>
<EPS-DILUTED>                                    $0.31<F3>
<FN>
<F1>NUMBER OF CLASS A AND CLASS B SHARES OUTSTANDING, MULTIPLIER IS 1.
<F2>INCLUDES (I) $339,919 OF COST OF GOODS SOLD (ITEM 5-03(b)2(a) OF REGULATION
S-X) AND (II) $95,444 OF SELLING, GENERAL AND ADMINISTRATIVE EXPENSES (ITEM
5-03(b)4 OF REGULATION S-X).
<F3>MULTIPLIER IS 1 FOR PER SHARE DATA.
</FN>
        

</TABLE>
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1219 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1219

   To amend title XIX of the Social Security Act to require Medicaid 
                       coverage of optometrists.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 29, 2011

 Mr. Hall (for himself, Ms. Schakowsky, Mr. Terry, Mr. Whitfield, and 
 Mr. Barrow) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
   To amend title XIX of the Social Security Act to require Medicaid 
                       coverage of optometrists.

    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 ``Optometric Equity in Medicaid Act''.

SEC. 2. REQUIRING COVERAGE OF SERVICES OF OPTOMETRISTS.

    (a) In General.--Section 1905(a)(5) of the Social Security Act (42 
U.S.C. 1396d(a)(5)) is amended--
            (1) by striking ``and'' before ``(B)''; and
            (2) by inserting before the semicolon at the end the 
        following: ``, and (C) medical and other health services (as 
        defined in section 1861(s)) as authorized by State law, 
        furnished by an optometrist (described in section 1861(r)(4)) 
        to the extent such services may be performed under State law''.
    (b) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by subsection (a) shall take effect 90 days 
        after the date of the enactment of this Act and shall apply to 
        services furnished or other actions required on or after such 
        date.
            (2) Rule for changes requiring state legislation.--In the 
        case of a State plan for medical assistance under title XIX of 
        the Social Security Act which the Secretary of Health and Human 
        Services determines requires State legislation (other than 
        legislation appropriating funds) in order for the plan to meet 
        the additional requirement imposed by the amendments made by 
        subsection (a), the State plan shall not be regarded as failing 
        to comply with the requirements of such title solely on the 
        basis of its failure to meet this additional requirement before 
        the first day of the first calendar quarter beginning after the 
        close of the first regular session of the State legislature 
        that begins after the date of the enactment of this Act. For 
        purposes of the previous sentence, in the case of a State that 
        has a 2-year legislative session, each year of such session 
        shall be deemed to be a separate regular session of the State 
        legislature.
                                 <all>
```
EXHIBIT 32.1 /
32.2





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 of
Touchstone Mining Limited (the “Company”) on Form 10-K/A for the year ended
September 30, 2008 as filed with the Securities and Exchange Commission on the
date hereof (the “Report”), I, Nanuk Warman, Chief Executive and Financial
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.





A signed
original of this written statement required by Section 906 has been provided to
the Company and will be retained by the Company and furnished to the Securities
and Exchange Commission or its staff upon request.






/s/ Nanuk
      WarmanName:
            Nanuk
      WarmanTitle:
            Chief
      Executive and Financial OfficerDate:
            June 18,
      2009
# mecs04b