alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
} 

### SERVED: September 26, 2013 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF MESA AIRLINES, INC. FAA DOCKET NO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA 2013-0616

NOTICE Ira Leibowitz, Attorney-Advisor is retiring on September 30, 2013. All future communications should be directed to the undersigned at: Richard C. Goodwin, U.S. Administrative Law Judge Office ofHearings, Attn: Room E11-310 U.S. Department oftransportation 1200 NewJersey, S.E. Washington, D.C. 20590**(B_ichard!GoodFiP.(~I{do!Jm.Y) .~**  ..,

# -, /

Administrative matters should be directed to Patricia Matthews, StaffAssistant (202) 366-5121 (Patricia.Matthews@dot.gov)

<:;--.___ \**~·······-~·\f** i**'**

# ct~lq_L\~**~ ~~** **~Ovc[I(/ ~~** 

Richard C. Goodwin U.S. Administrative Law Judge Attachment- Service List2

SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1000 1 ONE COPY Theodore P. Byrne, Complainant's Counsel Attorney, Office ofthe Regional Counsel, AWP-7 Western-Pacific Region Federal Aviation Administration P. 

### 0. Box 92007 Los Angeles, CA 90009-2007 TEL: 310-725-7112 FAX: 310-725-6816 Robert F. Cohn, Esq., Respondent's Counsel Patrick 

### R. Rizzi, Esq. ' Hogan Lovells US LLP 555 Thirteenth Street, N.W. Washington, DC 20004 TEL: 202-637-5600 FAX: 202-637-5910 Chris J. Pappaioanou, Vice President Mesa Airlines, Inc., Respondent 410 N. 44th Street Phoenix, AZ 85008 FDMS No. FAA-2013-0616 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.3

The Honorable Richard C. Goodwin, Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2139 Attorney-Advisor 202-366-5121 Legal Assistant FAX: 202-366-7536
Exhibit 32





CERTIFICATION

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





I, Vivian Lam Lee Yu, certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Oxford Technologies, Inc. on the Form 10-Q/A for the quarter ended March 31, 2009, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Form 10-Q/A fairly presents, in all material respects, the financial condition and results of operations of Oxford Technologies, Inc.







|                     |  |     |  |                                                              
|-------------------- |  | --- |  | -------------------------------------------------------------
|                     |  |     |  |                                                              
|Date:  April 1, 2010 |  | By: |  | /s/ Vivian Lam Lee Yu                                        
|                     |  |     |  | Vivian Lam Lee Yu, President                                 
|                     |  |     |  | (Principal Executive Officer and Principal Financial Officer)
ex10-2.htm


Exhibit 10.2


 


SECOND AMENDMENT TO AMENDED AND RESTATED


 


CHANGE IN CONTROL SEVERANCE AGREEMENT


 


This Second Amendment (this “Amendment”) is made and entered into as of March 2, 2011 (the “Effective Date”), by and between Marten Transport, Ltd., a Delaware corporation, (the “Company”), located at 129 Marten Street, Mondovi, Wisconsin 54755 and                               , an individual residing at                                            (the “Executive”).


 


RECITALS


 


WHEREAS, the Company and the Executive entered into an Amended and Restated Change in Control Severance Agreement, dated as of August 13, 2007, as amended by the First Amendment to Amended and Restated Change in Control Severance Agreement, dated as of February 26, 2009 (the “Severance Agreement”);


 


WHEREAS, pursuant to the Severance Agreement, the Company agreed to pay or reimburse the Executive for tax liability incurred in connection with certain benefits (“Tax Gross-Ups”); and


 


WHEREAS, the parties desire to amend the Severance Agreement to eliminate all Tax Gross-Ups.


 


NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Executive’s continued employment with the Company and benefits to the Executive under the Severance Agreement, the Severance Agreement is hereby amended as follows:


 


Amendments.


 


A.           Section 2 of the Severance Agreement is hereby amended to delete subsection (e) in its entirety.


 


B.           Section 3 of the Severance Agreement is hereby deleted in its entirety and replaced with the following:


 


“3.             RESERVED”


 


No Other Amendment and Definitions.  Except as set forth herein, the Severance Agreement shall remain in full force and effect in accordance with its terms.  All capitalized terms that are not defined herein shall be as defined in the Severance Agreement.


Counterparts.  This Amendment may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall be considered one and the same agreement.  Facsimile execution and delivery of this Amendment shall be legal, valid and binding execution and delivery for all purposes.


 




  





  











  






 


IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first above written.


 



	
MARTEN TRANSPORT, LTD.

	  	
EXECUTIVE


	  	  	  
	  	  	  
	
By:  ___________________________

	  	
_______________________________


	
Randolph L. Marten


Chief Executive Officer

	  	
[NAME]
##### 



Exhibit 10 (d7) NINTH AMENDMENT TO THE
CAPITOL BANCORP LTD.
EMPLOYEE STOCK OWNERSHIP PLAN The Capitol Bancorp Ltd. Employee Stock Ownership Plan is hereby amended effective July 1,
2004 by adding the following participating employer at the end of the list therein contained: Name of
    
    Type of
    
    State of
    
    Date ofEmployer
    
    Entity
    
    Organization
    
    ParticipationSunrise Bank of San Diego
    
    Banking Corp.
    
    California
    
    July 1, 2004
 CAPITOL BANCORP LIMITEDDated: December 1, 2004
    
    By:
    
    /s/ Joseph D. ReidJoseph D. ReidChairman and CEOSUNRISE BANK OF SAN DIEGODated: December 1, 2004
    
    By:
    
    /s/ Randy CundiffRandy CundiffPresident
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
The financial data schedule  contains summary  financial  information  extracted
from March 31, 1999 10-K balance sheet and income  statement and is qualified in
its entirety by reference to such financial  statements.  (Amounts in thousands,
except shares and per share data).
</LEGEND>
<CIK>                                         0000840401
<NAME>                                        Accuhealth
<MULTIPLIER>                                           1
<CURRENCY>                                           USD

<S>                             <C>
<PERIOD-TYPE>                                     12-MOS
<FISCAL-YEAR-END>                            Mar-31-1999
<PERIOD-START>                               Apr-01-1998
<PERIOD-END>                                 Mar-31-1999
<EXCHANGE-RATE>                                        1
<CASH>                                                85
<SECURITIES>                                       2,372
<RECEIVABLES>                                     16,523
<ALLOWANCES>                                       2,025
<INVENTORY>                                        1,653
<CURRENT-ASSETS>                                  18,876
<PP&E>                                             6,926
<DEPRECIATION>                                     3,925
<TOTAL-ASSETS>                                    21,970
<CURRENT-LIABILITIES>                             18,327
<BONDS>                                            6,250
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                            1
<COMMON>                                              51
<OTHER-SE>                                       (3,906)
<TOTAL-LIABILITY-AND-EQUITY>                      21,970
<SALES>                                           38,127
<TOTAL-REVENUES>                                  38,127
<CGS>                                             24,065
<TOTAL-COSTS>                                     24,065
<OTHER-EXPENSES>                                  17,913
<LOSS-PROVISION>                                       0
<INTEREST-EXPENSE>                                 1,615
<INCOME-PRETAX>                                  (5,376)
<INCOME-TAX>                                           0
<INCOME-CONTINUING>                              (5,376)
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                     (5,376)
<EPS-BASIC>                                     (1.22)
<EPS-DILUTED>                                     (1.22)


</TABLE>
STATE of Missouri, Respondent, v. Ronald GARRETT, Appellant.

No. ED 105423

Missouri Court of Appeals, Eastern District, DIVISION TWO.

FILED: April 10, 2018 Motion for Rehearing and/or Transfer to Supreme Court Denied May 14, 2018

FOR APPELLANT: Kenneth R. Schwartz, 7751 Carondolet, Ste 204, Clayton, Missouri 63105, Kim C. Freter, 225 S. Meramec, Ste 1100, Clayton, MO 63105.

For Respondent: JOSHUA D. HAWLEY, Robert J. (Jeff) Bartholomew, P.O. Box 899, Jefferson City, MO 65102.

Before Lisa P. Page, P.J., Roy L. Richter, J., and Philip M. Hess, J.

*ORDER*

PER CURIAM

Ronald Garrett ("Appellant") appeals from the trial court's judgment following a jury trial convicting him of the Class D felony sexual misconduct involving a child by indecent exposure in violation of Section 566.083 (RSMo 2012 ). Appellant was sentenced to three years' imprisonment and was placed on probation for five years with a suspended execution of sentence.

We have reviewed the briefs of the parties and the record on appeal and find no error of law. No jurisprudential purpose would be served by a written opinion. However, the parties have been furnished with a memorandum for their information only, setting forth the facts and reasons for this order.

The judgment is affirmed pursuant to Rule 30.25(b).
STATE of Missouri, Respondent, v. Robert M. MURPHY, Appellant.

WD 79926

Missouri Court of Appeals, Western District.

ORDER FILED: May 1, 2018

Jedd Schneider, Columbia, MO, Counsel for Appellant.

Julia Neidhardt, Jefferson City, MO, Counsel for Respondent.

Before Division One: Lisa White Hardwick, P.J., Thomas H. Newton, and Cynthia L. Martin, JJ.

**ORDER**

Per Curiam:

*930Mr. Robert M. Murphy appeals the conviction by a Cass County jury of first-degree child molestation, § 566.067, for which he was sentenced to fifteen years' imprisonment. For reasons stated in the memorandum provided to the parties, we affirm. Rule 30.25(b).
**EXHIBIT 99.1**

CERTIFICATION PURSUANT TO SECTION 906 of the SARBANES-OXLEYACT OF 2002

               In connection with the accompanying Annual Report on Form 10-KSB of BioganInternational, Inc., for the year ended December 31, 2001, I, Gilles Laverdiere,Vice Chairman, Chief Executive Officer, Chief Financial Officer and Director of Biogan International,Inc. hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge andbelief, that:

               (1)     such Annual Report on Form 10-KSB for the year endedDecember 31, 2001, fully complies with the requirements of section 13(a) or15(d) of the Securities Exchange Act of 1934; and

               (2)     the information contained in such Annual Report onForm 10-KSB for the year ended December 31, 2001, fairly presents, in allmaterial respects, the financial condition and results of operations of BioganInternational, Inc.

Biogan International, Inc.Date: February 27, 2003

/s/ Gilles LaverdiereBy: Gilles LaverdiereVice Chairman, Chief Executive Officer, Chief Financial Officer and Director
#### Gautier Properties, a Corporation, and R. B. Gautier, *Appellants,*v. A. W. Mannering, *Appellee.*

Division A.

Decision Filed May 9, 1928.

Petition for Rehearing Denied August 1, 1928.

*B. B. Gautier,*for Appellants;

*Hudson & Cason,*for Appellee.

Per Curiam.

This cause having heretofore been submitted to the Court upon the transcript of the record of the decree herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said decree; it is, therefore, considered, ordered and decreed by the Court that the said decree of the Circuit Court be, and the same is hereby affirmed.

Ellis, C. J., and Strum and Brown, J. J., concur.
Exhibit  32.1





CERTIFICATION OF PRESIDENT AND  CHIEF EXECUTIVE OFFICER PURSUANT TO SECTION 1350  (Furnished, Not Filed)





In  connection with the Annual Report of Warrior Energy Services Corporation (the  Company) on Form 10-K for the year ending December 31, 2005 as filed with the  Securities and Exchange Commission on the date hereof (the Report), I, William  L. Jenkins, President and Chief Executive Officer of the Company, certify,  pursuant to 18 U.S.C. §1350, as adopted pursuant to §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/ William L. Jenkins                   | 
|---------------------------------------- | 
|                                         | 
|William L. Jenkins                       | 
|President and Chief    Executive Officer | 
|March 30, 2006                           | 




---
NO. 07-01-0453-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

AUGUST 1, 2002

______________________________

RUDOLPH BELTRAN, APPELLANT

V.

TROY A. BOWERS AND NELMA B. BOWERS

D/B/A BOWERS PLASTIC AND RUBBER, APPELLEES

_________________________________

FROM THE 237TH DISTRICT COURT OF LUBBOCK COUNTY;

NO. 98-501,670; HONORABLE SAM MEDINA, JUDGE

_______________________________

Before BOYD, C.J., and REAVIS and JOHNSON, JJ.

ON AGREED MOTION TO DISMISS

Pending before this Court is an agreed motion to dismiss filed by appellant Rudolph

Beltran and appellees Troy A. Bowers and Nelma B. Bowers d/b/a Bowers Plastic and

Rubber by which they represent they have agreed to a compromise settlement agreement
2

resolving all claims arising out of the cause of action commenced by Rudolph Beltran. We

grant the motion and dismiss the appeal. Tex. R. App. P. 42.1(a)(1).

Without passing on the merits of the case, the appeal is hereby dismissed. Having

dismissed the appeal at the request of all parties, no motion for rehearing will be

entertained and our mandate will issue forthwith. 

Don H. Reavis

 Justice

Do not publish.
**Exhibit 32.2**

**CERTIFICATION PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

**(18 U.S.C. SECTION 1350)**

Inconnection with the accompanying Quarterly Report of Syniverse Holdings, Inc. and Syniverse Technologies, Inc. (the “Companies”) on Form 10-Q for the period ended September 30, 2008 (the “Report”), I, David W. Hitchcock,Chief Financial Officer of the Companies, hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge: 

(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 theCompanies. 

Date: November 6, 2008 

 

The above certification is furnished solely pursuant to Section 906 of theSarbanes-Oxley Act of 2002 (18 U.S.C. 1350) and is not being filed as part of the Form 10-Q or as a separate disclosure document.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Labor

###### Employment and Training Administration

          - [TA-W-64,591]

                    By application dated February 20, 2009, the Division of Career Services, Trade Program Manager, Massachusetts, requested administrative reconsideration of the negative determination regarding workers'                           ( print page 10617)                        eligibility to apply for Trade Adjustment Assistance (TAA) and Alternative Trade Adjustment Assistance (ATAA) applicable to workers and former workers of the subject firm. The determination was issued on February 4, 2009 and will soon be published in the                     **Federal Register**                    .                

The initial investigation resulted in a negative determination based on the finding that the worker group engaged in IT sales, consulting and support services, does not produce an article within the meaning of Section 222(a)(2) of the Act.

In the request for reconsideration, the petitioner provided additional information regarding activities of the workers at the subject facility. The petitioners stated that workers of the subject firm produced software which was sold to customers.

The Department has carefully reviewed the request for reconsideration and determined that the Department will conduct further investigation to determine whether the workers of the subject firm were engaged in production of articles and whether they meet the eligibility requirements of the Trade Act of 1974.

## Conclusion

After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the U.S. Department of Labor's prior decision. The application is, therefore, granted.

Signed at Washington, DC, this 2nd day of March 2009.

Elliott S. Kushner,

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. E9-5181 Filed 3-10-09; 8:45 am]

BILLING CODE 4510-FN-P
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Election Assistance Commission

# AGENCY:

U.S. Election Assistance Commission. 

      ( print page 10560)    

# ACTION:

Notice of public meeting and hearing agenda (amended). 

# Date and Time:

 Tuesday, March 17, 2009, 11 a.m.-12 p.m. EST (Meeting), 1-3 p.m. EST (Hearing). 

# Place:

                         U.S. Election Assistance Commission, 1225 New York Ave., NW., Suite 150, Washington, DC 20005 (                        *Metro Stop:*                         Metro Center).                     

# Agenda:

                         The Commission will hold a public meeting to consider administrative matters. The Commission will conduct a public hearing to receive presentations on the following topic: Voter Registration Databases: Initial Discussion on Reviewing HAVA Mandated Guidance. Members of the public may submit written testimony regarding HAVA mandated guidance on voter registration databases via e-mail at                         *testimony@eac.gov*, or via mail addressed to the U.S. Election Assistance Commission 1225 New York Ave., NW., Suite 1100, Washington, DC 20005, or by fax at 202-566-3127. Written testimony must be received by 5 p.m. EST on Monday, March 16, 2009. All testimony should have the heading “Testimony on voter registration databases” in the subject/attention line. Members of the public may observe but not participate in EAC meetings unless this notice provides otherwise. Members of the public may use small electronic audio recording devices to record the proceedings. The use of other recording equipment and cameras requires advance notice to and coordination with the Commission's Communications Office.*                     

                        * View                         *EAC Regulations Implementing Government in the Sunshine Act.*

This meeting and hearing will be open to the public. 

# Person to Contact for Information:

 Bryan Whitener, Telephone: (202) 566-3100. 

Thomas R. Wilkey, 

Executive Director, U.S. Election Assistance Commission.

[FR Doc. E9-5363 Filed 3-9-09; 4:15 pm] 

BILLING CODE 6820-KF-P
In the MATTER OF: J.J., Y.J., J.J., E.J., E.J., M.S.

No. COA18-989

Court of Appeals of North Carolina.

Filed: May 7, 2019

AFFIRMED.