alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# In the Missouri Court of Appeals

Eastern District

NOVEMBER 17, 2015

THE FOLLOWING CASES WERE AFFIRMED IN ACCORDANCE WITH RULE

84.16(b) OR RULE 30.25(b).

1. ED101806 STATE OF MISSOURI, RES V LEDALE NATHAN, APP

2. ED102011 STATE OF MISSOURI, RES V MICHAEL A. BROWN, APP

3. ED102040 D HEREFO RD ETAL APP V OWNERS ASSOC OF 7569

- 757

RES

4. ED102168 MATTHEW DE LA HUNT, APP V STATE OF MISSOURI, RES

5. ED102200 TYRONE LITTLE, APP V STATE OF MISSOURI, RES

6. ED102282 THEDRICK DANIELS, APP V AUTO CLUB INTER

- INS, RES

7. ED102362 STATE OF MISSOURI, RES V JOSEPH CLARK, APP

8. ED102414 CHARLES NEUBAUER, APP V STATE OF MISSOURI, RES

9. ED102458 D'ANDRE WHITLE Y, APP V STATE OF MISSOURI, RES

10. ED102549 IN THE MATTER OF: THE ESTATE OF BENJAMIN MAZZEI

# In the Missouri Court of Appeals

Eastern District

NOVEMBER 17, 2015

THE FOLLOWING CASES WERE AFFIRMED IN ACCORDANCE WITH RULE

84.16(b) OR RULE 30.25(b).

1 1. ED102598 STATE OF MISSOURI, RES V CLETUS WAYNE GREENE,

APP

1 2. ED102602 KEITH SMITH, A PP V STATE OF MISSOURI, RES

1 3. ED102679 MICAH MUDD, RES V AMBER BARTON, APP

1 4. ED102802 KATHLEEN BROWN, APP V CENTRAL DIST ALARM & DES

RES

1 5. ED102942 ANGELA MACK, APP V. THE EASON LAW FIRM, LLC, RES
#### LIPSCHITZ, Respondent, v. BERKOVITZ et al., Appellants.

(Supreme Court, Appellate Division, First Department.

March 29, 1912.)

Action by Samuel Lipschitz against Herman Berkovitz and another. A. Rosenthal, for appellants. A. Thain, for respondent. No *1138opinion. Order affirmed, with $10 costs and disbursements. Order filed. See, also, 146 App. Div. 938, 131 N. Y. Supp. 1125.
### THE THIRTEENTH COURT OF APPEALS

13

- 16

- 00486

- CV

John H. Hands v. Rosa M. Hands

On a ppeal from the 357th District Court of Cameron County , Texas Trial Cause No. 2014

- DCL

- 1380

- E

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considered this cause o n appeal, concludes the appeal should be dismissed . The Court orders the appeal DISMISSED in accordance with its opinion . Costs of the appeal are adjudged against appellant.
We further order this decision certified below for observance. September 29, 201 6.
EXHIBIT 10.18


 


SUMMARY OF


COMPENSATION ARRANGEMENTS FOR NON-EMPLOYEE DIRECTORS







As of January 1, 2015, non-employee directors are entitled to receive stock-based and cash compensation for their service on the Board of Directors as follows:







Stock-based Compensation:


Each non-employee director will receive an annual grant of shares of our common stock with a fair value of $35,000 effective immediately before the 2015 Annual Meeting of Shareholders.







Cash Compensation:


Each non-employee director is entitled to receive an annual cash retainer of $30,000, paid quarterly.







The Chair of the Audit Committee is entitled to receive an additional cash retainer of $15,000, while each other member of the Audit Committee is entitled to receive $4,000. The Chairs of each of the Nominating and Governance, Compensation, and Strategic Planning Committees are entitled to receive an additional cash retainer of $10,000, while all other committee members are entitled to receive a payment of $2,000 for each committee position. Committee compensation is paid quarterly.
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[No. 21334-6-II.

Division Two.

September 12, 1997.]

#### The State of Washington, *Respondent,*v. Sean W. Buker, *Appellant.*

Appeal from a judgment of the Superior Court for Kit-sap County, No. 96-1-00941-3, M. Karlyn Haberly, J., entered November 8, 1996. *Affirmed*by unpublished opinion per Bridgewater, J., concurred in by Houghton, C.J., and Hunt, J.
**Exhibit 99.1**

 

 

**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

 

In connectionwith the Quarterly Report of National Mercantile Bancorp (the “Company”) onForm 10-QSB for the period ending March 31, 2003 as filed with the Securitiesand Exchange Commission on the date hereof (the “Report”), I, Scott A.Montgomery, Chief Executive Officer of the Company, certify, pursuant to 18U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002,that:

 

(1)  The Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934;and

 

(2)  The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 
|                     | /s/  SCOTT A. MONTGOMERY |   |
|--------------------------|-------------------------------|--------|
|                     | Scott A.  Montgomery          |
|                     | Chief  Executive Officer      |
|                     |                          |
| Date:  May 15, 2003 |                          |

 

A signed original of thiswritten statement required by Section 906 has been provided to National MercantileBancorp and will be retained by National Mercantile Bancorp and furnished tothe Securities and Exchange Commission or its staff upon request.

 

----
AO 450 (Rev. 01/09) Judgment in a Civil Action

UNITED STATES DISTRICT COURT

for the

Northern District of Indiana

BRANDON TERRY,

Petitioner/Defendant 

v. Civil Action No. 1:13-CV-121 TLS

(Criminal Case No. 1:10-CR-32 TLS)

UNITED STATES OF AMERICA,

Respondent/Plaintiff

JUDGMENT IN A CIVIL ACTION

The court has ordered that (check one):

 the plaintiff 

recover from the defendant the amount of 

 dollars $ , which includes prejudgment interest at the rate of % plus postjudgment interest at the rate of % along with costs.

 the plaintiff recover nothing, the action is dismissed on the merits, and the defendant 

recover costs from the plaintiff .

 X Other: The Respondent/Defendant’s Motion for Corrected Sentence Pursuant to 28 U.S.C. § 2255

is GRANTED. 

This action was (check one):

 tried to a jury with Judge presiding, and the jury has rendered

a verdict.

 tried by Judge without a jury and the above decision was

reached.

 X decided by Judge Theresa L. Springmann on a Motion for Corrected

Sentence Pursuant to 28 U.S.C. § 2255. 

DATE: May 2, 2013 ROBERT N. TRGOVICH, CLERK OF COURT

By s/C. Reed 

Signature of Clerk or Deputy Clerk
# C_2008189EN.01000501.xml

| 26.7.2008 | EN | Official Journal of the European Union | C 189/5 |
| --- | --- | --- | --- |

26.7.2008

EN

Official Journal of the European Union

C 189/5

---

Non-opposition to a notified concentration

(Case COMP/M.5184 — Arcapita/Freightliner)

(Text with EEA relevance)

(2008/C 189/02)

On 18 July 2008, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32008M5184. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu). |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32008M5184. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

---
----

Exhibit 10.12 

AMENDMENT TO LEASE AGREEMENT 

Lessor: (Party A) YinLong Industrial Co. Ltd. Lessee: (Party B) Pacific Dragon Fertilizers Co. Ltd. 

Pursuant to the lease agreement, dated January 1, 2004, by andbetween Party A and Party B (the "Agreement"), Party A and Party B (the"Parties") hereby amend the Agreement as follows: 

Due to the huge expenses incurred by Party B, the originallyagreed rental payment could not cover Party A's costs for electricity, water,regular maintenance, cleaning and sewage. The Parties hereby agree that theannual rental Payment shall be increased from the originally agreed RMB1,200,000 to RMB 3,600,000. Party A shall bear all relevant costs. 

This amendment to the Agreement shall take effective on July1, 2005. Except as expressly set forth in this Amendment, the Agreement remainsunmodified and in full force and effect. 

Party A: /s/ Hongyu Wong YinLong Industrial Co. Ltd. 

Party B: /s/ Fuchen Zhang Pacific Dragon Fertilizers Co. Ltd. 

Date: June 28, 2005 

 

----
[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Notices]
[Pages 33235-33236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13383]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB152]


Fisheries of the South Atlantic; South Atlantic Fishery 
Management Council; Public Meetings

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of a seminar series presentation.

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

SUMMARY: The South Atlantic Fishery Management Council (Council) will 
host a presentation on Release Mortality Estimation of South Atlantic 
Reef Fishes via webinar July 13, 2021.

DATES: The webinar presentation will be held on Tuesday, July 13, 2021, 
from 1 p.m. until 2:30 p.m.

ADDRESSES: 
    Meeting address: The presentation will be provided via webinar. The 
webinar is open to members of the public. Information, including a link 
to webinar registration will be posted on the Council's website at: 
https://safmc.net/safmc-meetings/other-meetings/ as it becomes 
available.
    Council address: South Atlantic Fishery Management Council, 4055

[[Page 33236]]

Faber Place Drive, Suite 201, N Charleston, SC 29405.

FOR FURTHER INFORMATION CONTACT: Kim Iverson, Public Information 
Officer, SAFMC; phone: (843) 302-8439 or toll free: (866) SAFMC-10; 
fax: (843) 769-4520; email: <a href="/cdn-cgi/l/email-protection#fd969490d3948b988f8e9293bd8e9c9b909ed3939889"><span class="__cf_email__" data-cfemail="a5ceccc88bccd3c0d7d6cacbe5d6c4c3c8c68bcbc0d1">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Council will host a presentation from 
North Carolina State University fishery scientists on Release Mortality 
Estimation of the South Atlantic Reef Fishes. A question and answer 
session will follow the presentation. Members of the public will have 
the opportunity to participate in the discussion. The presentation is 
for informational purposes only and no management actions will be 
taken.

Special Accommodations

    The meeting is physically accessible to people with disabilities. 
Requests for auxiliary aids should be directed to the Council office 
(see ADDRESSES) 5 days prior to the meeting.

    Note:  The times and sequence specified in this agenda are 
subject to change.


    Authority: 16 U.S.C. 1801 et seq.

    Dated: June 21, 2021.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2021-13383 Filed 6-23-21; 8:45 am]
BILLING CODE 3510-22-P


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QuickLinks
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Exhibit 4.9.1    
    


Schedule identifying substantially identical agreements to Lease Subordination Agreement  


        1.     Open-Ended
Mortgage Security Agreement and Assignment of Rents dated as of December 7, 2001 from Homer City OL1 LLC, as the Owner Lessor to the Bank of
New York, as Security Agent and Mortgagee. 


        2.     Open-Ended
Mortgage Security Agreement and Assignment of Rents dated as of December 7, 2001 from Homer City OL2 LLC, as the Owner Lessor to the Bank of
New York, as Security Agent and Mortgagee. 


        3.     Open-Ended
Mortgage Security Agreement and Assignment of Rents dated as of December 7, 2001 from Homer City OL3 LLC, as the Owner Lessor to the Bank of
New York, as Security Agent and Mortgagee. 


        4.     Open-Ended
Mortgage Security Agreement and Assignment of Rents dated as of December 7, 2001 from Homer City OL4 LLC, as the Owner Lessor to the Bank of
New York, as Security Agent and Mortgagee. 



        5.     Open-Ended
Mortgage Security Agreement and Assignment of Rents dated as of December 7, 2001 from Homer City OL5 LLC, as the Owner Lessor to the Bank of
New York, as Security Agent and Mortgagee. 


        6.     Open-Ended
Mortgage Security Agreement and Assignment of Rents dated as of December 7, 2001 from Homer City OL6 LLC, as the Owner Lessor to the Bank of
New York, as Security Agent and Mortgagee. 


        7.     Open-Ended
Mortgage Security Agreement and Assignment of Rents dated as of December 7, 2001 from Homer City OL7 LLC, as the Owner Lessor to the Bank of
New York, as Security Agent and Mortgagee. 


        8.     Open-Ended
Mortgage Security Agreement and Assignment of Rents dated as of December 7, 2001 from Homer City OL8 LLC, as the Owner Lessor to the Bank of
New York, as Security Agent and Mortgagee. 











QuickLinks



Exhibit 4.9.1
EXHIBIT 10.28



ADDENDUM B TO EMPLOYMENT AGREEMENT



This addendum is made on November 2, 2003 by and between Quantum Fuel Systems Technologies Worldwide, Inc. (herein Quantum) and Alan Niedzwiecki
(herein Employee). For mutual and adequate exchange of consideration, the parties mutually agree to modify Employees Employment Agreement of August 1, 2002, as follows:



Section 2 of the above referenced Employment Agreement is hereby modified via incorporating the following additional
language.



2.1 (a) Effective November 2,
2003, Employees base salary is increased to $370,000.00 per year.



|                        |  |                             
|----------------------- |  | ----------------------------
|/s/ Alan Niedzwiecki    |  | /s/ William Brian Olson     
|Alan Niedzwiecki        |  | William Brian Olson         
|                        |  | Chief Financial Officer     
|                        | 
|Dated: November 2, 2003 |  |                             
|                        |  | Quantum Fuel Systems        
|                        |  | Technologies Worldwide, Inc.
|                        | 
|                        |  | Dated: November 2, 2003
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.,

 Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markman

Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

March 9, 2012 

h0306 

Order 

 

March 9, 2012 

142382 

PEOPLE OF THE STATE OF MICHIGAN, 

Plaintiff-Appellee, 

v SC: 142382 

 COA: 301149 

SAMBATH CHAN, Ottawa CC: 08-033004-FH 

Defendant-Appellant. 

_________________________________________/ 

 On order of the Court, the application for leave to appeal the December 28, 2010 

order of the Court of Appeals is considered, and it is DENIED, because the defendant has 

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D). 

 MARKMAN, J. (concurring). I concur in the order denying leave to appeal. In 

2008, defendant, a noncitizen, pleaded guilty of breaking and entering and possession of 

an explosive device with malicious intent. Subsequently, the United States Supreme 

Court held that a criminal defense attorney must “advise a noncitizen client that pending 

criminal charges may carry a risk of adverse immigration consequences.” Padilla v 

Kentucky, 559 US ___; 130 S Ct 1473, 1483; 176 L Ed 2d 284 (2010). Later, in June 

2010, defendant filed a motion for relief from judgment, alleging that his trial counsel 

had provided ineffective assistance of counsel by failing to advise him of the immigration 

consequences of his guilty plea. The trial court denied this motion, and the Court of 

Appeals denied leave to appeal. In order to obtain relief, defendant must establish that he 

was actually prejudiced by his counsel’s failure to advise him about the risk of adverse 

immigration consequences. MCR 6.508(D)(3)(b); Padilla, 130 S Ct at 1483. Even 

assuming that Padilla applies retroactively to this case, defendant has failed to present 

any evidence that he was actually prejudiced by his trial counsel’s failure to advise him 

concerning the risk of adverse immigration consequences. Although defendant filed an 

affidavit with the trial court, he failed to include in the affidavit any averment that he 

would not have pleaded guilty but for the lack of advice about possible deportation. In 

addition, there is no evidence in the record concerning why the Department of Homeland 

Security is investigating defendant for possible deportation. Therefore, I cannot conclude 

that the trial court erred by denying defendant’s motion for relief from judgment.
#### In the Matter of Martin A. Greenberg, an Attorney, Respondent. Departmental Disciplinary Committee for the First Judicial Department, Petitioner.

First Department,

July 11, 1985

APPEARANCES OF COUNSEL

*Sarah Diane McShea*of counsel *(Michael A. Gentile,*attorney), for petitioner.

No appearance on behalf of respondent.

OPINION OF THE COURT

Per Curiam.

The Departmental Disciplinary Committee for the First Department has moved to strike respondent’s name from the roll of attorneys pursuant to Judiciary Law § 90 (4) (b).

Respondent was admitted to practice in the Second Department on March 30, 1960.

Respondent was suspended indefinitely as an attorney and counselor-at-law by order of this court entered August 18, 1983. He entered a guilty plea to the charge of grand larceny in the third degree (Penal Law § 155.30), a class E felony, in the Supreme Court, New York County, on March 15, 1985. Upon respondent’s plea of guilty to the felony charge, he has been automatically disbarred (Judiciary Law § 90 [4] [a]).

A certified copy of the disposition has been presented to this court (Judiciary Law § 90 [4] [b]).

Accordingly, the petition should be granted and respondent’s name stricken from the roll of attorneys. (Judiciary Law § 90 [4] [b]; *Matter of Cohen,*107 AD2d 189.)

*246Kupferman, J. P., Sullivan, Asch, Bloom and Ellerin, JJ., concur.

Respondent’s name is stricken from the roll of attorneys and counselors-at-law in the State of New York.
#### German Educational Television Network, Ltd., Respondent, v Bankers Trust Company, Appellant.

— Order, Supreme Court, New York County (Seymour Schwartz, J.), entered February 16, 1984, granting plaintiff-respondent summary judgment, is unanimously modified, on the law, to the extent of granting summary judgment on liability only and remanding for an assessment of damages, without costs.

It is undisputed that pursuant to corporate resolution two signatories were required by plaintiff-respondent for payment of checks over $1,000. Therefore, payment by defendant-appellant of a check for $18,000 with only one signatory was clearly improper. *(Tonelli v Chase Manhattan Bank,*41 NY2d 667; *Jewett v Manufacturers Hanover Trust Co.,*48 Misc 2d 1094; UCC 4-401.)

The only remaining issue is the extent of actual damages to plaintiff-respondent. Accordingly, the matter is remitted for immediate trial on all issues pertaining to damages pursuant to CPLR 3212 (c). Concur — Kupferman, J. P., Carro, Fein and Milonas, JJ.