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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-7564

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

MICHAEL HUNTER, a/k/a Big Mike,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. John A. MacKenzie, Senior District

Judge. (CR-93-156, CA-97-431-2)

Submitted: February 10, 1998 Decided: March 17, 1998

Before MURNAGHAN and WILKINS, Circuit Judges, and PHILLIPS, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Michael Hunter, Appellant Pro Se. Fernando Groene, OFFICE OF THE

UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals the district court's order denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1997). We

have reviewed the record and the district court's opinion and find

no reversible error. Appellant asserts that the district court

erroneously sentenced him pursuant to 21 U.S.C. § 841(b)(1)(A)(iii)

(1994). We find that Appellant has waived review of this nonconstitutional claim because he did not raise it at sentencing or on

direct appeal. See Stone v. Powell, 428 U.S. 465, 477 n.10 (1976);

United States v. Emanuel, 869 F.2d 795, 796 (4th Cir. 1989). In

addition, to the extent that Appellant contends that counsel was

ineffective at sentencing and on appeal for failing to assert that

Appellant was improperly sentenced under § 841(b), we find that

claim to be without merit. See Strickland v. Washington, 466 U.S.

668 (1984).

Accordingly, we deny a certificate of appealability and dismiss this 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
imax-ex1038_13.htm



 

IMAX CORPORATION

 

Exhibit 10.38

 



 

Memorandum

 


	
To:
	
MARK WELTON

	
from:
	
JACKI BASSANI

	
cc:
	
RICH GELFOND

	
Date:
	
October 13, 2021

	
Subject:
	
amendment to September 18, 2020

	
 
	
EMPLOYMENT TERMS memorandum




 

I am writing to confirm the amendment we are making to the September 18, 2020 Memorandum that documents the terms and conditions of your ongoing employment (the “Memorandum”).  The “Vacation and Benefits” provision of the Memorandum is hereby deleted in its entirety and replaced with the following:

 

Vacation and


	
Benefits: 
	
Your current vacation entitlement and benefits will continue unchanged, including entitlement to the Wellness Allowance reimbursement of up to $2,500 per year, which is a taxable benefit, and your Medcan benefit.  Furthermore, the Company shall provide you with the following taxable benefits:




 


	
 
	
(1)
	
Reimbursement of up to CAD $10,000 per year toward a premium for a term life insurance policy; and




 


	
 
	
(2)
	
Payment to you of the difference between the annual CRA limit on employer contributions to your Registered Pension Plan and 5% of your salary, up to an annual maximum of CAD $10,000.  The payment for each year shall be made within the first quarter of the following year; provided, however, that the payment for 2020 shall be made within 30 days following the date hereof.




 




IMAX Corporation | 902 Broadway, 20th Floor, New York, NY 10010 | 212-821-0100 | Fax: 212-821-0105

 



 

Except as amended herein, the Memorandum remains in full force and effect.  Please acknowledge your receipt of this memorandum and your agreement with the terms and conditions herein by signing and returning it to me by October 20, 2021. 

 

 

With my signature below, I confirm receipt of this memorandum and my acceptance of the terms of my employment as written. 

 


	
/s/ Mark Welton
	
 
	
10/14/21

	
Mark Welton
	
 
	
Date




 

IMAX Corporation | 902 Broadway, 20th Floor, New York, NY 10010 | 212-821-0100 | Fax: 212-821-0105
Lataria DUPLESSIS v. Charles TURNER, Metro Service Group, Inc., and Scottsdale Insurance Company

NO. 2018-CC-0498

Supreme Court of Louisiana.

March 31, 2018

Denied.
Clifford Lee SHELTON, Appellant, v. STATE of Florida, Appellee.

No. 4D17-3680

District Court of Appeal of Florida, Fourth District.

[February 22, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Jon Robert MUSSER, DOC #S15997, Appellant, v. STATE of Florida, Appellee.

Case No. 2D16-3374

District Court of Appeal of Florida, Second District.

Opinion filed October 13, 2017.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

DONALD KRIMM AND AUDREY KRIMM, 

HIS WIFE,

Petitioners

v.

MUNICIPAL AUTHORITY OF 

WESTMORELAND COUNTY,

Respondent

:

:

:

:

:

:

:

:

:

:

:

:

:

No. 35 WAL 2017

Petition for Allowance of Appeal from 

the Order of the Commonwealth Court

ORDER

PER CURIAM

AND NOW, this 5th day of July, 2017, the Petition for Allowance of Appeal is 

DENIED.

Petitioner’s motion for post-submission communication is also GRANTED.
<TABLE> <S> <C>

<ARTICLE>5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION
EXTRACTED FROM BALANCE SHEET, STATEMENT OF OPERATIONS, AND
STATEMENT OF CASH FLOWS AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FORM 10QSB, FOR MARCH 31, 2000.
</LEGEND>
<MULTIPLIER> 1

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                       1,638,973
<SECURITIES>                                         0
<RECEIVABLES>                                  151,865
<ALLOWANCES>                                     1,284
<INVENTORY>                                    470,842
<CURRENT-ASSETS>                             2,298,024
<PP&E>                                         423,944
<DEPRECIATION>                                 287,694
<TOTAL-ASSETS>                               2,443,133
<CURRENT-LIABILITIES>                          189,288
<BONDS>                                              0
<COMMON>                                         5,069
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                   2,248,776
<TOTAL-LIABILITY-AND-EQUITY>                 2,443,845
<SALES>                                        228,413
<TOTAL-REVENUES>                               289,119
<CGS>                                          123,793
<TOTAL-COSTS>                                  159,261
<OTHER-EXPENSES>                                72,807
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (45,996)
<INCOME-TAX>                                    15,639
<INCOME-CONTINUING>                            (30,357)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (30,357)
<EPS-BASIC>                                    (.005)
<EPS-DILUTED>                                    (.005)


</TABLE>
**Exhibit 32.01**

 

**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 KMG America Corporation Annual Report on Form 10-K for the period ended December 31, 2005, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned hereby certifies, 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 KMG America Corporation.

 

| /s/ Kenneth U. Kuk | Date: March 14, 2007 |
|--------------------|----------------------|

Kenneth U. Kuk

Chairman, President & Chief Executive Officer

(Principal Executive Officer)
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     THIS SCHEDULE CONTAINS UNAUDITED SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE SEPTEMBER 30, 1997 10-Q AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH 10-Q.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-1996
<PERIOD-START>                                 JAN-01-1997
<PERIOD-END>                                   SEP-30-1997
<CASH>                                                         784,086
<SECURITIES>                                                         0
<RECEIVABLES>                                                        0
<ALLOWANCES>                                                         0
<INVENTORY>                                                          0
<CURRENT-ASSETS>                                               807,841
<PP&E>                                                               0
<DEPRECIATION>                                                       0
<TOTAL-ASSETS>                                                 807,841
<CURRENT-LIABILITIES>                                           11,637
<BONDS>                                                              0
<PREFERRED-MANDATORY>                                                0
<PREFERRED>                                                          0
<COMMON>                                                             0
<OTHER-SE>                                                     796,204
<TOTAL-LIABILITY-AND-EQUITY>                                   807,841
<SALES>                                                        316,295
<TOTAL-REVENUES>                                               322,822
<CGS>                                                          331,209
<TOTAL-COSTS>                                                  344,307
<OTHER-EXPENSES>                                                     0
<LOSS-PROVISION>                                                     0
<INTEREST-EXPENSE>                                              13,098
<INCOME-PRETAX>                                              1,358,920
<INCOME-TAX>                                                         0
<INCOME-CONTINUING>                                                  0
<DISCONTINUED>                                                       0
<EXTRAORDINARY>                                                      0
<CHANGES>                                                            0
<NET-INCOME>                                                 1,358,920
<EPS-PRIMARY>                                                    49.64
<EPS-DILUTED>                                                    49.64
        

</TABLE>
STATE of Louisiana v. Kerry PARKER

NO. 2018-KK-0290

Supreme Court of Louisiana.

April 5, 2018

Stay denied. Application for rehearing denied.

CRICHTON, J., would grant rehearing.

GENOVESE, J., would grant rehearing.
Exhibit 31.2

Certification of John Waters, Chief Financial Officer, pursuant to Securities Exchange Act Rules 13a-14(a)

and 15d-14, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002

I, John Waters, Chief Financial Officer of Avantair,
Inc., certify that:

I have reviewed this annual report on Form 10-K of Avantair, Inc.;

Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the
statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this report;

The registrants other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

(a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including
its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

(b) Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end
of the period covered by this report based on such evaluation; and

(c) Disclosed in this report any change in the registrants
internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to
materially affect, the registrants internal control over financial reporting; and

The registrants other certifying officer and
I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent
functions):

(a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial
reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and

(b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.

Date: September 27,
2007



|                |  |                        
|--------------- |  | -----------------------
|/s/ John Waters
|Name:           |  | John Waters            
|Title:          |  | Chief Financial Officer
EXHIBIT 13.2

                       CERTIFICATION OF ART LANG 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 Amera  Resources  Corporation  (the
"Company") on Form 20-F for the year ending December 31, 2004, as filed with the
Securities  and Exchange  Commission on the date hereof (the  "Report"),  I, Art
Lang,  Chief 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 has been provided to the Company and
will be  retained  by the  Company  and  furnished  to the SEC or its staff upon
request.


/s/  ART LANG
-----------------------
Art Lang,
Chief Financial Officer
EXHIBIT 32.1   NETWORK EQUIPMENT TECHNOLOGIES, INC.   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 Network Equipment Technologies, Inc. (the Company) on Form 10-Q for the period ended December 25, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, C. Nicholas Keating, Jr., President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that: 1. The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and 2. The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.  February 02, 2010    /s/ C. NICHOLAS KEATING, JR. C. Nicholas Keating, Jr.
President and Chief Executive Officer
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 2 1 - 0454 STATE OF MONTANA ,

Plaintiff and Appellee, v. NEIL LYNN NUNES,

Defendant and Appellant.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including August 30 , 2023 , within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

July 24 2023

07/24/2023

Case Number: DA 21-0454
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
     This schedule  contains summary  financial  information  extracted from the
financial  statements of Ray Ellison Mortgage  Acceptance Corp. at September 30,
1998 and is qualified in its entirety by reference to such financial statements.
</LEGEND>
<CIK>                         754591
<NAME>                        Ray Ellison Mortgage Acceptance Corp.
<MULTIPLIER>                  1
<CURRENCY>                    Dollar
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>               DEC-31-1998
<PERIOD-START>                  JUL-01-1998
<PERIOD-END>                    SEP-30-1998
<EXCHANGE-RATE>                 1
<CASH>                          43,020
<SECURITIES>                    143,537,486
<RECEIVABLES>                   814,201
<ALLOWANCES>                    0
<INVENTORY>                     0
<CURRENT-ASSETS>                857,221
<PP&E>                          0
<DEPRECIATION>                  0
<TOTAL-ASSETS>                  155,607,893
<CURRENT-LIABILITIES>           839,977
<BONDS>                         139,815,000
<PREFERRED-MANDATORY>           0
<PREFERRED>                     0
<COMMON>                        10,000
<OTHER-SE>                      12,238,553
<TOTAL-LIABILITY-AND-EQUITY>    155,607,893
<SALES>                         0
<TOTAL-REVENUES>                28,662,440
<CGS>                           0
<TOTAL-COSTS>                   23,205,986
<OTHER-EXPENSES>                193,395
<LOSS-PROVISION>                0
<INTEREST-EXPENSE>              15,262,123
<INCOME-PRETAX>                 5,456,454
<INCOME-TAX>                    1,515,481
<INCOME-CONTINUING>             3,940,973
<DISCONTINUED>                  0
<EXTRAORDINARY>                 0
<CHANGES>                       0
<NET-INCOME>                    3,940,973
<EPS-PRIMARY>                   394.09
<EPS-DILUTED>                   394.09
        

</TABLE>
exv10w12



 





EXHIBIT 10.12




MakeMusic, Inc. Board Compensation Plan

Effective February 15, 2007

Amended January 31, 2008




	 	 	 
	Cash Fee:

	 	Each non-employee director who is not otherwise being compensated by MakeMusic, Inc. shall
be paid a cash fee of $3,000 per calendar quarter for board membership. In addition, a
director serving as a chairperson of the board of directors or one or more committees of the
board of directors shall be paid an additional $2,000 per calendar quarter.
	 
	 	 
	Equity:

	 	Each eligible director shall receive a stock option grant as of the first business day of
each fiscal year. “Eligible directors” are non-employee directors who are (i) not otherwise
being compensated by MakeMusic, Inc. and (ii) not representatives of 5% or greater
shareholders. The terms of the stock option grant are as follows:







	 	•	 	non-qualified stock option to purchase 4,000 shares of common stock
	 
	 	•	 	issued under the 2003 Equity Incentive Plan
	 
	 	•	 	exercise price shall be the fair market value of common stock as of date of
grant
	 
	 	•	 	4-year term
	 
	 	•	 	shares vest ratably over twelve months
	 
	 	•	 	in the event the director’s service as a director terminates for any reason
or the director is no longer an eligible director, as defined by this plan,
vesting shall immediately terminate but the director shall be entitled to
exercise the option for any vested shares through the remaining term of the
option






	 	 	 	Stock option grant for each eligible director who joins the board after the
beginning of the fiscal year shall be the same as above except that for the first
calendar year the director joins the board, the option shall be for a
quantity of shares of common stock equal to a pro rata portion of the 4,000 shares the director
would have received if a director on the first business day of that fiscal year.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM BROOKTROUT,
INC.'S PERIOD ENDED JUNE 30, 2000 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH BROOKTROUT INC.'S AMENDMENT NO. 1 ON FORM 10-Q/A FOR THE PERIOD ENDED
JUNE 30, 2000.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             APR-01-2000
<PERIOD-END>                               JUN-30-2000
<EXCHANGE-RATE>                                      1
<CASH>                                          33,639
<SECURITIES>                                     2,478
<RECEIVABLES>                                   27,400
<ALLOWANCES>                                     2,825
<INVENTORY>                                     25,013
<CURRENT-ASSETS>                                95,442
<PP&E>                                          21,484
<DEPRECIATION>                                  11,851
<TOTAL-ASSETS>                                 121,996
<CURRENT-LIABILITIES>                           29,137
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           122
<OTHER-SE>                                      85,972
<TOTAL-LIABILITY-AND-EQUITY>                   121,996
<SALES>                                         40,669
<TOTAL-REVENUES>                                40,669
<CGS>                                           14,797
<TOTAL-COSTS>                                   14,797
<OTHER-EXPENSES>                                23,347
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  1,759
<INCOME-TAX>                                     2,225
<INCOME-CONTINUING>                              1,565
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,565
<EPS-BASIC>                                       0.13
<EPS-DILUTED>                                     0.12


</TABLE>