alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 74, Number 50 (Tuesday, March 17, 2009)]
[Notices]
[Page 11398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5738]


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SMALL BUSINESS ADMINISTRATION

[License No. 02/72-0627]


Accretive Investors SBIC, L.P.; Notice Seeking Exemption Under 
Section 312 of the Small Business Investment Act, Conflicts of Interest

    Notice is hereby given that Accretive Investors SBIC, L.P., 51 
Madison Avenue, 31st Floor, New York, NY, 10010, a Federal Licensee 
under the Small Business Investment Act of 1958, as amended (``the 
Act''), in connection with the financing of a small concern, has sought 
an exemption under Section 312 of the Act and Section 107.730, 
Financings which Constitute Conflicts of Interest of the Small Business 
Administration (``SBA'') Rules and Regulations (13 CFR 107.730). 
Accretive Investors SBIC, L.P. proposes to provide equity financing to 
Axiant, LLC, 2727 Paces Ferry Road, Atlanta, GA 30339. The financing is 
contemplated for working capital and debt repurchase.
    The financing is brought within the purview of 107.730(a)(1) of the 
Regulations because Accretive II, LP; Accretive Blocker, LP; Accretive 
II Coinvestment Partners, LP and Accretive Coinvestment Partners, LLC, 
all Associates of Accretive Investors SBIC, L.P., in the aggregate own 
more than ten percent of Axiant, LLC.
    Therefore, this transaction is considered a financing of an 
Associate requiring an exemption. Notice is hereby given that any 
interested person may submit written comments on the transaction within 
fifteen days of the date of this publication to the Acting Associate 
Administrator for Investment, U.S. Small Business Administration, 409 
Third Street, SW., Washington, DC 20416.

    Dated: February 5, 2009.
Harry Haskins,
Acting Associate Administrator for Investment.
[FR Doc. E9-5738 Filed 3-16-09; 8:45 am]
BILLING CODE 8025-01-P
EXHIBIT 99.1




                            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 Quarterly Report of Weston Technologies Corp. (the
"Company") on Form 10-QSB for the period ended June 30, 2003, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Jianjun Zhang, President 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 result of operations of
        the Company.



/s/ Jianjun Zhang
------------------
Jianjun Zhang
President

August 6, 2003
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-30269

Summary Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

MARIE FERDETTE ARNAUD CART

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 6:05-CR-60052-1

Before JOLLY, DAVIS, and DeMOSS, Circuit Judges.

PER CURIAM:*

Marie Ferdette Arnaud Cart pleaded guilty to mail fraud. The district

court, after considering the 18 U.S.C. § 3553 factors, determined that the 18 to

24 month advisory guideline range would not provide adequate punishment and

instead imposed a non-guideline sentence of 36 months of imprisonment.

Cart argues that the sentence is excessive and unreasonable and that the

district court erroneously based its sentencing variance on aggravating

circumstances that were already taken into consideration by the Guidelines.

United States Court of Appeals

Fifth Circuit

F I L E D

December 20, 2007

Charles R. Fulbruge III

Clerk
No. 07-30269

2

Cart’s sentence is reasonable under § 3553(a) because the district court

used the properly calculated advisory Sentencing Guidelines as a frame of

reference, identified appropriate reasons for the sentencing variance, and made

factual findings to support its sentencing determination. See United States v.

Smith, 440 F.3d 704, 710 (5th Cir. 2006). The judgment of the district court is

affirmed. 

AFFIRMED.
CHARLESTON.

#### Mayhall *v.*Bachman, *et al.*

(No. 6602)

Submitted April 15, 1930.

Decided April 22, 1930.

*E. H. Yost,*for plaintiffs in error.

*A. C. Chapman,*for defendant in error.

Woods, Judge:

This is an action by Amanda Mayhall, landlord, on a bond, given by A. L. Bachman, principal, and Alex Bachman, surety, the former being a judgment creditor of W. P. Hall and Martha Hall, lessees of a certain dwelling owned by Amanda Mayhall. By it the landlord seeks to recover an amount equal to the proceeds, $103.08, derived from a sale of personal property belonging to the lessees made on February 16, 1929, by N. ,S. Postlethwait, constable, under an execution to satisfy the judgment of A. L. Bachman. A copy of a distress warrant, issued at the instance of the landlord, was placed in the hands of the constable on the day of, and prior to, the sale aforesaid. The constable, before proceeding with the sale, required A. L. Bachman to give bond as provided by section 2, c. 107, Code. Judgment was entered for the plaintiff in the justice’s court. The circuit court, sitting in lieu of a jury, found for the plaintiff on appeal. Defendants bring error.

The last rent was paid the landlord on August 3, 1928. According to the stipulation filed in the case, the property was *79still on the premises up to within thirty days from the date of the issuance of the distress warrant. From this it appears that the plaintiff was entitled to more rent, at $38 per month, than the property brought on the constable’s sale. Under the statute (chapter 93, Code, § 12), the property so sold was liable first for the rent, so the landlord was entitled to have the money turned over to her to apply on the accrued rent. The defendants question the right of the plaintiff to an item of $20, which the justice's docket shows was paid to the Maytag Washing Machine Company. The constable testifies that it was paid as a balance due on the washing machine sold at the sale. There is no evidence to show a reservation of title, or that the company had any sort of lien, prior in dignity to that of the plaintiff’s right to distrain for rent.

It appears from certain proffered testimony that Martha Hall filed petition on July 6, 1928, for voluntary bankruptcy. While the defendants sought to make much of this petition, the circuit court held the same to be incompetent. We are of opinion that the court was correct in its ruling.

Under the case made, we are of opinion that- the trial court was clearly right, and the judgment entered on his finding is therefore, affirmed. . „

*Affirmed.*
#### Louisa M. Boone et al. v. Robert D. Clarke et al.

(There were two other appeals and two writs of error.)

*Practice—Affirmance—Foreclosure.*

Upon a bill to foreclose a trust deed, the answer thereto and various cross-bills, setting up various important interests, this court affirms the decree of the court below, upon the evidence, but declines to enter into a discussion of the questions of law and fact presented.

[Opinion filed August 3, 1887.]

Appeals'from and writs of error to the Circuit Court of Cook County; the Hon. Hurray F. Tuley, Judge, presiding.

*598Messrs. Edwabd Boot, David M. Hillis and William C. Goudy, for appellants and plaintiffs in error.

Mr. C. C. Clabke, for the Baltimore & Ohio *&*Chicago Bailroad Company, appellee and defendant in error.

Mr. Pliny B. Smith, for Labe Shore & Michigan Southern Bailway Company, appellee and defendant in error.

Mr. William A. Montgomeby, for Bobert D. Clarke and others, appellees and defendants in error.

*Per Curiam.*

The record of this case consists of a bill to foreclose a trust deed, the answer thereto and several cross-bills, setting up various interests, and presenting for adj udication many different questions. A great mass of evidence was taken upon the different issues and is presented in the record.

We have carefully read the voluminous briefs of counsel and the'evidence relating to disputed questions of fact, and after fully considering all the points made, have reached the conclusion that the decree of the court below ought to be affirmed. Upon the question so strenuously urged that the decree is for too large an amount, we are of opinion that the evidence very clearly sustains the conclusion reached by the Chancellor. Upon some of the points made by counsel, with reference to questions of marshaling, we are not so clear, but we are not willing to reverse this ease on the doubts we entertain.

Ut would serve no useful purpose for this court to enter into an opinion upon an analysis and discussion of all the questions of law and fact which counsel for appellants and plaintiffs in error have made in their briefs. We deem it sufficient to state the conclusion we have reached.

A case involving interests so large and conflicting, and presenting some questions of nicety, will undoubtedly, be taken to the Supreme Court for review, where the law points so elaborately argued by counsel can be finally and authoritatively settled.

*Peeree affirmed.*
Fifth Amendment to the Pension Plan




 Exhibit 10.22(e) 
 CABOT OIL & GAS CORPORATION PENSION PLAN 
 (As Amended and Restated Effective January 1, 2006) 
 FIFTH AMENDMENT 
 WHEREAS, effective January 1, 1991, Cabot Oil & Gas Corporation (the “Company”) established the Cabot Oil &
Gas Corporation Pension Plan and subsequently amended and restated the Plan, effective January 1, 2006, and as thereafter amended (the “Plan”); and 
 WHEREAS, the Company previously amended the Plan to provide that, on or after October 1, 2004, a participant who was entitled to a pension benefit with a present value of $50,000 or less could elect
to receive an immediate distribution in the form of a single lump-sum payment; and 
 WHEREAS, the Company now desires to amend
the Plan to provide the lump-sum payment distribution option will be available to any participant who terminates employment after December 31, 2009 without regard to the present value of the pension benefit payable under the Plan; 

NOW, THEREFORE, having reserved the right to amend the Plan pursuant to Section 10.1 thereof, the Company hereby amends the Plan,
effective as of January 1, 2010, as follows: 
  

	1.	Section 5.5 of the Plan is hereby amended by adding the following as the final paragraph thereof: 

 “A Participant who terminated Service prior to February 18, 2010 with entitlement to a Deferred Vested Retirement
Pension which, as of such date, has not begun to be distributed may elect to receive his Deferred Vested Retirement Pension in an immediate lump-sum distribution in complete satisfaction of the Plan’s obligations under this Article V; provided,
however, that such election (i) is submitted to the Committee in writing on or before the 60th day following the date on which the Committee provides notice of such election right to the Participant and (ii) complies with any additional
procedures established by the Committee, in its sole discretion.” 
  

	2.	Section 5.6(b)(i)(C) of the Plan is hereby amended in its entirety to provide as follows: 

 “(C) Lump Sum Option. A Participant who terminates Service after December 31, 2009 may elect to receive his vested
accrued Pension in the form of an immediate lump-sum distribution in complete satisfaction of the Plan’s obligations under this Article V; provided, however, that such election shall be submitted to the Committee in writing on or before the
60th day following the date on which the Committee provides notice of such election right to the Participant and shall comply with any additional procedures established by the Committee, in its sole discretion. “ 
  

 1 










 Exhibit 10.22(e) 
  

 IN WITNESS WHEREOF, the Company, acting by and through its duly authorized officer, has
caused this Amendment to be executed as of the 18th day of February, 2010 and shall be effective as described herein. 
  

			
	CABOT OIL & GAS CORPORATION
		
	By:	 	 /s/ Abraham D. Garza

	Title:	 	 Vice President, Human Resources



  

 2
#### NATIONAL STORE FIXTURE COMPANY, INCORPORATED, v. T. FLOYD WHALEY and THOMAS WHALEY, T/a THE WHALEY FURNITURE COMPANY.

(Filed 21 September, 1949.)

Appeal by defendants from *Morris, J.,*at May Term, 1949, of Pas-quotaNK.

Civil action to recover on contract for various articles of merchandise.

The case was submitted to the jury, in the trial court, without objection, upon the single issue, to wit: “Are the defendants indebted to plaintiff, and, if so, in what amount?”, to which the jury answered “Yes, $829.71.” From judgment thereon in favor of plaintiff, defendants appeal to Supreme Court, and assign error.

*Wayland P. Britton and John H. Hall for plaintiff, appellee.*

*J. Henry LeRoy for defendants, appellants.*

Per OuriaM.

The case on appeal discloses that the ease was tried in Superior Court, in the main, as one of fact for the jury. The evidence shown in the record is sufficient to support the verdict. And appellants fail to show cause for a new trial.

No error.
**Exhibit 32.1**
 
 **CERTIFICATION PURSUANT**
 **TO 18 U.S.C SECTION 1350,**
 **AS ADOPTED PURSUANT TO**
 **SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**
 
 In connection with the Annual Report of **Bio-Lok International Inc.** (the Registrant) on Form 10-KSB for the period ended October 31, 2004, as filed with the Securities and Exchange Commission on the date hereof (the Report), and the undersigned officer certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that, to such officers knowledge:
 
 a)
The Report fully complies with the requirements of Section 13(a) or5 15(d) of the Securities Exchange Act of 1934, and 
 b)
The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant as of the dates and the periods expressed in the Report.  **BIO-LOK INTERNATIONAL INC.**Date: January 24, 2005

/s/ Bruce L. HollanderBruce L. HollanderChief Executive Officer  20
EXHIBIT
      32.2


CERTIFICATION
      ACCOMPANYING PERIODIC REPORT


PURSUANT
      TO SECTION 906 OF THE
      SARBANES-OXLEY ACT OF 2002





I,
      Kris
      G. Radhakrishnan, Chief Financial Officer of American Achievement Group Holding
      Corp., ACC Group Holding Corp. and American Achievement Corporation (the
“Companies”), hereby certify that:





(1) The
      Quarterly Report of the Companies on Form 10-Q for the quarter ended November
      24, 2007 (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 Companies as of the
      dates and for the periods expressed in the Report.





Date:
      January 24, 2008





/s/
                KRIS G. RADHAKRISHNANName:
            
            Kris
                G. RadhakrishnanTitle:
            
            Chief
                Financial Officer(principal
                financial officer)
Exhibit 32.1  URANIUM RESOURCES, INC. 405 State Highway 121 Bypass, Building A, Suite 110, Lewisville, TX 75067 972.219.3330 Phone 972.219.3311 Fax  March 30, 2011  Securities and Exchange Commission 450 5th Street, N.W. Washington, D.C. 20549  CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  I, Donald C. Ewigleben, President and Chief Executive Officer of Uranium Resources, Inc. (the Company), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:  (1)  The Annual Report on Form 10-K of the Company for the period ended December 31, 2010 which this certification accompanies 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/Donald C. EwiglebenDonald   C. EwiglebenPresident,   Chief Executive Officer and Chief Operating OfficerMarch 30,   2011
[Federal Register Volume 74, Number 50 (Tuesday, March 17, 2009)]
[Notices]
[Page 11356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5700]


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

DEPARTMENT OF DEFENSE

Department of the Air Force

[Docket ID: USAF-2009-0017]


Privacy Act of 1974; System of Records

AGENCY: Department of Air Force, DoD.

ACTION: Notice to delete a system of records.

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

SUMMARY: The Department of Air Force proposes to delete a system of 
records to its inventory of record systems subject to the Privacy Act 
of 1974 (5 U.S.C. 552a), as amended.

DATES: This action will be effective on April 16, 2009 unless comments 
are received that would result in a contrary determination.

ADDRESSES: Send comments to the Air Force Privacy Act Officer, Office 
of Warfighting Integration and Chief Information Officer, SAF/XCISI, 
1800 Air Force Pentagon, Suite 220, Washington, DC 20330-1800.

FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Brodie at (703) 696-7557.

SUPPLEMENTARY INFORMATION: The Department of the Air Force systems of 
records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as 
amended, have been published in the Federal Register and are available 
from the address above.
    The Department of the Air Force proposes to delete a system of 
records notice in its inventory of record systems subject to the 
Privacy Act of 1974 (5 U.S.C. 552a), as amended. The proposed deletion 
is not within the purview of subsection (r) of the Privacy Act of 1974, 
(5 U.S.C. 552a), as amended, which requires the submission of a new or 
altered system report.

    Dated: March 11, 2009.
Morgan E. Frazier,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
F036 AETC E

System Name:
    Recruiting Activities Management Support System (RAMSS) (June 11, 
1997, 62 FR 31793).

Reason:
    The records collected for this system are now covered by F036 AETC 
X, College Scholarship Program (CSP) (August 22, 2008, 73 FR 49659).
    Accordingly, this Privacy Act System of Records Notice should be 
deleted.

[FR Doc. E9-5700 Filed 3-16-09; 8:45 am]
BILLING CODE 5001-06-P
STATE of Missouri, Plaintiff/Respondent, v. Vance R. CLARK, Defendant/Appellant.

No. ED 105347

Missouri Court of Appeals, Eastern District, DIVISION ONE.

Filed: February 13, 2018 Motion for Rehearing and/or Transfer to Supreme Court Denied March 22, 2018 Application for Transfer Denied May 22, 2018

Christine K. Lesicko, P.O. Box 899, Jefferson City, MO 65102, For Plaintiff/Respondent.

James P. Emanuel, Special Public Defender, One Metropolitan Square, 211 N. Broadway, Suite 3600, St. Louis, MO 63102, For Defendant/Appellant.

Before Robert G. Dowd, Jr., P.J., Sherri B. Sullivan, J., and Kurt S. Odenwald, J.

*ORDER*

PER CURIAM.

Vance R. Clark appeals from the trial court's judgment entered upon a jury verdict convicting him of three counts of distribution of a controlled substance, two counts of possession of a controlled substance, and one count of possession of drug paraphernalia. We have reviewed the briefs of the parties and the record on appeal and conclude the trial court committed no reversible error. An extended opinion would have no precedential value. We have, however, provided a memorandum setting forth the reasons for our decision to the parties for their use only. We affirm the judgment pursuant to Missouri Rule of Criminal Procedure 30.25(b).
Form of Equity Stipend Grant Letter for Non-Executive Directors



 Exhibit 10.4 

 

 

 Date 
 First Name
Last Name 
 Street Address 
 Second
Line – Street Address 
 City, State Zip Code 
 Re: Equity Grant 
 Dear : 
 We are pleased to provide you with a grant of shares of stock under the CME Group Inc. (the “Company”) 2005 Director Stock Plan (the “Plan”) as compensation for your service as a
member of the Board of Directors of the Company. Your participation in the Plan will further align your interests with our shareholders. This grant was made to you on [—], using the closing stock
price of $[—]. Certain terms of your equity grant follow: 
  

			
	 Number of
 Shares of Stock:
	  	[—] shares of Class A common stock of CME Group Inc.
		
	 [Number of Additional
 Shares in Lieu of Cash:
	  	[—] shares of Class A common stock of CME Group Inc.]1

 * * * * * * * * 
 By accepting this stock grant, you hereby agree to the terms and conditions of
the Plan. 
 [Because you have elected to receive additional shares in lieu of all or a portion of the cash portion of your
stipend, by accepting such additional shares, you hereby agree to repay the Company any unearned portion of your annual stipend that would otherwise have been payable in cash in the event you leave the Board prior to the next Annual Meeting of
Shareholders. The amount of the unearned stipend will be prorated on a monthly basis and will be due within 30 days of your resignation.]1 
 Neither the
grant of shares nor any other action taken pursuant to the Plan shall constitute or be evidence of any agreement or understanding, express or implied, that you have a right to continue to provide services as a director, of the Company for any period
of time or at any specific rate of compensation. 
 CME Group Inc. 
  

			
	By:	 	
 




	Name:	 	Hilda Harris Piell
	Title:	 	Managing Director & Chief Human Resources Officer

  

	1	 To be included for Directors electing to receive all or any portion of their cash stipend in additional shares.
<PAGE>

                                                                    EXHIBIT 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 Quarterly Report of Lease Equity Appreciation Fund I,
L.P. (the "Fund") on Form 10-Q for the quarterly period ended June 30, 2003 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Robert K. Moskovitz, Chief Financial Officer of the Fund, 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 Fund.



                                 /s/ Robert K. Moskovitz
                                 ----------------------------------------------
                                 Robert K. Moskovitz
                                 Chief Financial Officer of the General Partner
                                 August 13, 2004
Bureau of Labor Statistics

Series Id:

Series title:

Labor force status:

Type of data:

Age:

Years:

Year Qtr1 Qtr2 Qtr3 Qtr4 Annual

2011 4583

Not in labor force

Number in thousands

50 to 54 years

2011 to 2011

Labor Force Statistics from the Current Population Survey

Original Data Value

LNU05024937Q

Not Seasonally Adjusted

(Unadj) Not in Labor Force, 50-54 yrs.

Source: Bureau of Labor Statistics Generated on: May 16, 2011 (02:09:36 PM)