alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000839950
<NAME> NORTH COAST ENERGY, INC. 
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-START>                             APR-01-1996
<PERIOD-END>                               MAR-31-1997
<CASH>                                       1,503,278
<SECURITIES>                                         0
<RECEIVABLES>                                1,388,033
<ALLOWANCES>                                         0
<INVENTORY>                                    200,971
<CURRENT-ASSETS>                             3,176,770
<PP&E>                                      30,180,439
<DEPRECIATION>                              12,279,402
<TOTAL-ASSETS>                              21,228,700
<CURRENT-LIABILITIES>                        2,851,379
<BONDS>                                              0
<COMMON>                                       107,539
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      3,465
<OTHER-SE>                                  12,083,196
<TOTAL-LIABILITY-AND-EQUITY>                21,228,700
<SALES>                                      9,664,989
<TOTAL-REVENUES>                             9,664,989
<CGS>                                        8,397,813
<TOTAL-COSTS>                                8,397,813
<OTHER-EXPENSES>                              (79,983)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,055,409
<INCOME-PRETAX>                                291,750
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            291,750
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   291,750
<EPS-PRIMARY>                                    (.02)
<EPS-DILUTED>                                    (.02)
        

</TABLE>
#### Vyacheslav Digilov, Respondent, v Alec Kafka et al., Appellants.

[719 NYS2d 610]

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Richmond County (Minardo, J.), entered April 20, 2000, which denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs..

We agree with the Supreme Court that the medical evidence submitted by the plaintiff raised a triable issue of fact *(see,*CPLR 3212 [b]) as to whether he sustained a serious injury within the meaning of Insurance Law § 5102 (d). Ritter, J. P., Friedmann, H. Miller and Feuerstein, JJ., concur.
|EXHIBIT 32.1
|------------



|CERTIFICATIONS PURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002
|---------------------------------------------------------------------------------------------------------------------

The undersigned hereby certifies in his capacity as Chief Executive Officer ofBelroseCapital Fund LLC (the Fund), that based on his knowledge:

|(a) | theQuarterlyReport of the Fund on Form10-Qfor thequarterendedMarch 31, 2009(the Report) fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended; and
|--- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|(b) | the information contained in the Report fairly presents, in all material respects, the financial condition and the results of operations of the Fund for such period.                                



|Date:May 11, 2009
|-----------------



| | /s/Thomas E. Faust Jr.Thomas E. Faust Jr.Chief Executive Officer
| | ----------------------------------------------------------------

A signed original of this written statement required by Section 906 has been provided to the Fund and will be retained by the Fund and furnished to the Securities and Exchange Commission or its staff upon request.
exhibit10-21.htm


    EXHIBIT
10.21

    


    PEOPLES
BANCORP INC. ANNUAL REPORT ON FORM 10-K

    FOR
FISCAL YEAR ENDED DECEMBER 31, 2009

    


    SUMMARY
OF BASE SALARIES FOR EXECUTIVE OFFICERS

    OF PEOPLES BANCORP
INC.

    


    The base
salaries of executive officers of Peoples Bancorp Inc. (“Peoples”) are
determined by evaluating the most recent comparative peer data and the role and
responsibilities of their positions.  Individual salary increases are
reviewed annually and are based on Peoples’ overall performance and the
executive’s attainment of specific individual business objectives during the
preceding year.

    


    The
following table details the base salaries to paid by Peoples and its
subsidiaries to Mark F. Bradley, President and Chief Executive Officer of
Peoples, and the four other most highly compensated executive officers of
Peoples for the fiscal year ending December 31, 2010:

    


    
      	
              Name

            	
              Position/Title

            	
              Base
      Salary

            
	
              Mark
      F. Bradley

            	
              President
      and Chief Executive Officer

            	
              $
      280,000

            
	 
      	 
      	 
      
	
              Carol
      A. Schneeberger

            	
              Executive
      Vice President, Operations

            	
              190,000

            
	 
      	 
      	 
      
	
              Joseph
      S. Yazombek

            	
              Executive
      Vice President – Chief Lending Officer

            	
              220,000

            
	 
      	 
      	 
      
	
              David
      T. Wesel

            	
              Executive
      Vice President, Investment and Insurance Services

            	
              180,000

            
	 
      	 
      	 
      
	
              Edward
      G. Sloane

            	
              Executive
      Vice President, Chief Financial Officer and Treasurer

            	
              196,000
exv10w13






Exhibit 10.13




FIRST AMENDMENT TO THE

INGRAM MICRO INC

SUPPLEMENTAL INVESTMENT SAVINGS PLAN




     The Ingram Micro Inc. Supplemental Investment Savings Plan, which was restated as of December 31,
2008, is hereby amended in the following manner in accordance with the amendment procedures set
forth in Section 10.1 of the Plan. This Amendment is effective as of the dates specified below.



     1. Effective with respect to Compensation paid, and deferrals and Matching Contributions made, on
or after April 1, 2009, the Adoption Agreement is amended by revising the Attachment to Section
5.01(a) to read as follows:




“Matching Contributions will be credited to eligible Participants each pay period based on a
formula equal to the excess of the amount determined in (a) below, less the amount determined in
(b) below:




(a) An amount equal to the lesser of (i) $0.25 for each $1.00 of the eligible Participant’s
Compensation subject to deferral under the Plan for such pay period, and (ii) 1.25% of the eligible
Participant’s Compensation for such pay period.




(b) The amount of Matching Contributions (as defined in the Ingram Micro 401(k) Investment
Savings Plan) made on behalf of the Participant under the Ingram Micro 401(k) Investment Savings
Plan for such pay period.




For purposes of calculating Matching Contributions under section 5.01 of the Adoption Agreement
only, a Participant’s Compensation shall be the definition as set forth in Section 3.01(b) of the
Adoption Agreement, but excluding the Annual Incentive Bonus, and the voluntary or involuntary
cash-out payments made under the employer’s Paid Time Off Policy.”



     2. Effective as of the date this Amendment is executed, Section 10.1 is amended to read as follows:




“10.1 Amendment by Plan Sponsor. The Plan Sponsor reserves the right to amend the Plan (for
itself and each Employer) through action of its Board of Directors. Notwithstanding the above, it
shall not be necessary for the Board of Directors of the Plan Sponsor to approve amendments to the
Plan that are to comply with technical legal requirements of ERISA or the Code or for any other
reason that does not result in a material increase in cost to the Employer, provided that such
amendment is set forth in a written instrument that is



 









 






executed by an officer of the Plan Sponsor or a member of the Benefits Administrative Committee.
No amendment can directly or indirectly deprive any current or former Participant or Beneficiary of
all or any portion of his Account which had accrued prior to the amendment.”



     IN WITNESS WHEREOF, this First Amendment is executed on the date set forth below.



	 	 	 	 	 	 	 
	 	 	INGRAM MICRO INC.	 	 
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ Lynn Jolliffe	 	 
	 

	 	 	 	 

	 	 
	 

	 	Title:
	 	EVP — HR	 	 
	 
	 	 	 	 	 	 
	 

	 	Date:
	 	11/19/09
CERTIFICATION OF
CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 I, Kenneth Edmunson, the Chief Executive Officer and Chief Financial Officer of Claridge Ventures, Inc.. (the Company), 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 the best of my knowledge: (i)the Annual Report on Form 10-K of the Company, for the Year  ended July 31, 2009, and to which this certification is attached as Exhibit 32 (the Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and(ii)the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.  By:/s/Kenneth EdmundsonName:Kenneth EdmundsonTitle:Chief Executive Officer and ChiefFinancial OfficerDate:November 13, 2009 A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 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. This certification accompanies the Form 10-K to which it relates, is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of the Company under the Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made before or after the date of the Form 10-K), irrespective of any general incorporation language contained in such filing.
Exhibit 32.1

CERTIFICATION PURSUANT TO
 18 U.S.C. SECTION 1350,
 AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Freedom Environmental Services Inc. on Form 10-K for the year ended December 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Michael Borish, Chief Executive Officer certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge and belief:

(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/ Michael Borish-------------------------------Michael BorishCEO


Date: April 15, 2009

116

---
* Pursuant to Local Rule 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 Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 96-40924

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

GUSTAVO ANDRADE,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. L-91-CR-236-1

- - - - - - - - - -

June 17, 1997

Before SMITH, STEWART, and DENNIS, Circuit Judges.

PER CURIAM:*

Gustavo Andrade, #57391-079, has appealed the denial of his

“Motion to Reduce Sentence and to Correct an Illegal Sentence

Pursuant to Federal Rule of Criminal Procedure Rule 35(a)(1).” 

The notice of appeal was not filed within ten days of entry of

judgment. See Fed. R. App. P. 4(b). It would be futile for this

court to remand to the district court to determine whether there

was excusable neglect in filing the late notice of appeal, see
No. 96-40924

- 2 -

United States v. Golding, 739 F.2d 183, 184 (5th Cir. 1984),

because even if there is excusable neglect and the appeal is

timely, we would dismiss the appeal as frivolous. The district

court had no jurisdiction to entertain the Rule 35 motion. 

United States v. Early, 27 F.3d 140, 141-142 (5th Cir.), cert.

denied, 115 S. Ct. 600 (1994).

DISMISSED.
#### Title Insurance Company of Richmond *v.*John Eli Carver *et al.*

(No. 7164)

Submitted November 1, 1932.

Decided November 15, 1932.

*G. C. DouthUt*and *John W.*Hereford, for appellant.

*G. G. Withrow*and *Grattan M. Daugherty,*for appellee J. P. Burgess.

Hatcher, President :

This is an appeal from the dismissal of a biU upon motion of a stranger.

Process on. the bill was issued August 5, 1929, returnable at rules to be held the first Monday in September, 1929, which rules commenced on September 2nd. The process was executed on August 7th, but when it was returned' to the clerk’s office does not appear. The bill was filed on December 4th, at December Rules, 1929, and decree *misi*endorsed by the clerk. At January Rules, 1930, the clerk set the cause for hearing.

In June, 1931, J. P. Burgess, who was not a party, appeared and represented to the court that he had purchased the property involved in this proceeding in a suit, by different plaintiffs against the same defendant and others, and upon the motion of Burgess, the court dismissed the bill, on the ground that it was not filed within the time prescribed by statute.

*59Code 1923, chapter 125, section 7, provides: “If three months elapse after the process is returned executed as to any one or more of the defendants, without the declaration or bill being filed, the clerk shall enter the suit dismissed, although none of the defendants may have appeared.”

Rules for September, 1929, extended to and included September 4th. As rules are regarded as one day, a return of the process to the clerk on September 4th, would have been valid. If the process was returned on September 4th, the filing of the bill on December 4th, was within three months and was permissible. Since the filing of the bill would have been regular under that hypothesis, we assume that the return of the process was made on September 4th, because the clerk filed the bill on December 4th, and thereafter treated it as regularly filed. A presumption is indulged in favor of duty properly performed by a public officer. “Nothing appearing to the contrary we have the right to presume an official properly performs the duties required of him by statute.” *Wilson*v. *Fleming,*89 W. Va. 553, 109 S. E. 810.

The cases cited by counsel for Burgess permitted a purchaser to appear in the very suit in which the property was sold. Those cases do not authorize a motion by such purchaser as a matter of right in another and different suit, even though it related to the same subject matter. The decree of dismissal refers to a paper writing presented by Burgess. But there is no intimation that the writing partakes of the nature of a pleading, or that process was issued or accepted on it. The practice is established that motions such as the one in question are limited to parties of record. 2 Hogg’s Eq. Pro., Carlin’s Ed., 1100, and eases cited.

The judgment of the lower court is reversed and the cause remanded.

*Reversed and remanded.*
Docket Number FAA-2012-0596
IN THE SUPREME COURT OF THE STATE OF NEVADA 

PATRICIA ANTHONY; AND WILLIAM 

ANTHONY, 

Appellants, 

vs. 

FEDERAL NATIONAL MORTGAGE 

ASSOCIATION, 

Respondent. 

ORDER DISMISSING APPEAL 

This appeal was docketed on April 14, 2022, without payment 

of the requisite filing fee. On that same date, this court issued a notice 

directing appellants to pay the filing fee within 14 days and cautioned that 

failure to comply would result in dismissal of this appeal. In response, 

appellants filed a notice informing this court that it was not their intent to 

file the appeal at this time. The notice is construed as a motion to 

voluntarily withdraw this appeal. The motion is granted and this appeal is 

dismissed. 

It is so ORDERED. 

CLERK OF THE SUPREME COURT 

ELIZABETH A. BROWN 

\.. 

BY: 

cc: Hon. Barry L. Breslow, District Judge 

Patricia Anthony 

William Anthony 

Akerman LLP/Las Vegas 

Washoe District Court Clerk 

No. 84557 

FILED 

APR 2 0 2022 

ELIZABETH A. BROWN 

CLERK OFAUPREME COURT 

BT. S • \if 

DEPUTY CI.0 

SUPREME COURT 

OF 

NEVADA 

CLERK'S ORDER 

(0) 1947 agfPx. A9-1? t
ex10_2a.htm


    Exhibit
10.2.a

     

    GRANITE
CONSTRUCTION INCORPORATED

     

    AMENDED
AND RESTATED 1999 EQUITY INCENTIVE PLAN

     

    Amendment
No. 1

     

    Section
14.1 of the Granite Construction Incorporated Amended and Restated 1999 Equity
Incentive Plan, as amended and restated on May 15, 2009 (the “Plan”) authorizes
amendments to the Plan by action of the Compensation Committee of the Company’s
Board of Directors. Accordingly, the Plan is hereby amended, effective January
1, 2010, as follows:

     

    1.           Section
10.3 is amended to read as follows:

     

    “10.3           Subsequent
Award.  Each Nonemployee Director automatically will be granted
either a Restricted Stock or Restricted Stock Unit Award (as determined by the
Board) on the date of each annual meeting of the shareholders of the
Company.”

     

    2.           The
first sentence of Section 10.4(a) is amended to read as follows:

     

    “Shares issued pursuant to any
Nonemployee Director Restricted Stock Award or any Nonemployee Director
Restricted Stock Unit Award shall vest in full on the first May 20th to occur
more than one year after the date of grant (as provided for in Section 10.2 or
Section 10.3) and as set forth in the Award Agreement evidencing such
Award.  Notwithstanding the foregoing, if the annual meeting of the
shareholders of the Company occurs during a calendar on a date after May 20,
then shares issued pursuant to any Nonemployee Director Restricted Stock Award
or any Nonemployee Director Restricted Stock Unit Award shall vest on the first
anniversary of the date of grant and as set forth in the Award Agreement
evidencing such Award.”

     

    Except as
amended hereby, the terms of the Plan remain in full force and
effect.

     

    IN
WITNESS WHEREOF, this Amendment is executed this 7th day of November,
2009.

     

    GRANITE CONSTRUCTION
INCORPORATED

     

    


     

    By:           /s/ William G.
Dorey 

     

    


     

    Its:           President and
CEO
Exhibit 99-4

               Certificate Pursuant to Section 1350 of Chapter 63
                         of Title 18 United States Code
              -----------------------------------------------------


         The undersigned  officer hereby certifies,  as to the Amended Quarterly
Report on Form 10-Q/A of Exelon Generation Company, LLC for the quarterly period
ended June 30, 2002, that (i) the report fully complies with the requirements of
section  13(a) or 15(d) of the  Securities  Exchange  Act of 1934,  and (ii) the
information  contained in the report fairly presents,  in all material respects,
the financial  condition and results of operations of Exelon Generation Company,
LLC.



Date:  October 30, 2002                     /s/ Ruth Ann M. Gillis
                                            ---------------------------
                                            Ruth Ann M. Gillis
                                            Senior Vice President and
                                            Chief Financial Officer
                                            Exelon Generation Company, LLC
[Federal Register Volume 74, Number 8 (Tuesday, January 13, 2009)]
[Notices]
[Page 1686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-510]


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

FEDERAL COMMUNICATIONS COMMISSION

[Report No. 2881]


Petition for Reconsideration of Action in Rulemaking Proceeding

January 6, 2009.
    A Petition for Reconsideration has been filed in the Commission's 
Rulemaking proceeding listed in this Public Notice and published 
pursuant to 47 CFR 1.429(e). The full text of this document is 
available for viewing and copying in Room CY-B402, 445 12th Street, 
SW., Washington, DC or may be purchased from the Commission's copy 
contractor, Best Copy and Printing, Inc. (BCPI) (1-800-378-3160). 
Oppositions to this petition must be filed by January 28, 2009. See 
Section 1.4(b)(1) of the Commission's rules (47 CFR 1.4(b)(1)). Replies 
to an opposition must be filed within 10 days after the time for filing 
oppositions have expired.
    Subject: In the Matter of Amendment of Section 73.202(b), Table of 
Allotments, FM Broadcast Stations (Evergreen, Alabama and Shalimar, 
Florida) (MB Docket No. 04-219).
    Number of Petitions Filed: 1.

Marlene H. Dortch,
Secretary.
 [FR Doc. E9-510 Filed 1-12-09; 8:45 am]
BILLING CODE 6712-01-P
# 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

I, Eugene B. Witkowicz, Executive
Vice President, Chief Financial Officer and Corporate Secretary of TierOne Corporation
(Company), hereby certify, pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, 18 U.S.C. Section 1350, that:

| | (1) | The
Quarterly Report on Form 10-Q of the Company for the quarterly period ended
               March 31, 2007 (Report) fully complies with the requirements
of                Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. 78m(a)                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.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------

| |                    |                                      
| | ------------------ | -------------------------------------
| | Date:  May 8, 2007 | By:  /s/ Eugene B. Witkowicz         
| |                    | Eugene B. Witkowicz, Executive Vice  
| |                    | President and Chief Financial Officer