alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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#### Rose P. ROLLING, Claimant-Appellant, v. James B. PEAKE, M.D., Secretary of Veterans Affairs, Respondent-Appellee.

No. 2008-7025.

United States Court of Appeals, Federal Circuit.

Jan. 12, 2009.

Joseph P. Hrutka, McGinn IP Law Group, of Vienna, VI, argued for claimant-appellant.

Martin F. Hockey, Jr., Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. On the brief were Jeanne E. Davidson, Director, Kirk T. Manhardt, Assistant Director, and Tara K. Hogan, Trial Attorney. Of counsel on the brief were David J. Barrans, Deputy Assistant General Counsel, and Ethan G. Kalett, Attorney, Office of the General Counsel, United States Department of Veterans Affairs, of Washington, DC.

Before NEWMAN and MOORE, Circuit Judges, and GETTLEMAN, District Judge.*

*

 Honorable Robert W. Gettleman, United *602States District Court for the Northern District of Illinois, sitting by designation.

*602PER CURIAM.

Rose P. Rolling appeals the decision of the Court of Appeals for Veterans Claims (“Veterans Court”) affirming the denial by the Board of Veterans’ Appeals of her claim for service connection for her deceased husband’s pancreatic cancer. *Rolling v. Nicholson,*No. 05-1268, 2007 WL 4967080 (Vet.App. Aug.29, 2007). Mrs. Rolling argues that the Veterans Court either erred in interpreting the law, or abused its discretion, in failing to require that the Secretary of Veterans Affairs fully comply with an earlier remand order issued by the Board requiring further development of her case. The Veterans Court had concluded that the Secretary, acting through a medical examiner, had substantially complied with the remand order. *Id.*at *6. We have carefully considered Mrs. Rolling’s arguments and conclude that her appeal essentially seeks our review of a factual matter. The adequacy of the VA’s compliance with a Board remand order for further medical examination is a factual matter and outside our statutory jurisdiction as provided by 38 U.S.C. § 7292(a), (d)(2). *Dyment v. Principi,*287 F.3d 1377, 1381 (Fed.Cir.2002) (finding no jurisdiction to address claimant’s argument that a VA medical specialist failed to comply with a Board remand order because the argument constituted a challenge to the Veterans Court’s decision on factual matter).1

The appeal is *dismissed*for lack of jurisdiction.

1

. While this court's *Dyment*decision preceded an amendment to the jurisdictional statute 38 U.S.C. § 7292(a) enacted December 6, 2002, *see*Veterans Benefits Act of 2002, Pub.L. No. 107-330, tit. IV, § 402(a), 116 Stat. 2832, that amendment did not alter the exclusion of factual matters from this court's review.
<PAGE>

Exhibit 99.2


                        CERTIFICATION OF CFO 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 Oxford Ventures, Inc. (the "Company") on
Form 10-KSB for the period ending December 31, 2003 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), Daniel K. Leonard, as
President and Chief Financial Officer of the Company, certifies, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, to the best of his knowledge, that:

(1)  The Report fully complies with the requirements of section 13(a) of the
     Securities Exchange Act of 1934; and

(2)  The information contained in the Report fairly presents, in all material
     respects, thefinancial condition and result of operations of the Company.


By:  /s/ Daniel K. Leonard
--------------------------
Daniel K. Leonard
CFO
April 14, 2004
Description of Directors Compensation



 Exhibit 10.6 
 Non-Management Directors Compensation 
 Non-Management Directors
other than the Chairman of the Board: 
  

	 	•	 	 The annual Board retainer, payable to each Director in quarterly installments, will be increased from $65,000 to $80,000. 



 

	 	•	 	 Each Director will receive an annual Committee retainer of $10,000 for each Committee of which he or she is a member, payable in quarterly installments
in arrears. 


  

	 	•	 	 Each Committee Chair will receive an additional annual Committee Chair retainer of $15,000, payable in quarterly installments in arrears.



  

	 	•	 	 The value at grant of the quarterly deferred stock unit grants to each Director, beginning September 30, 2008, will be increased from $15,000 to
$21,000 (i.e, $84,000 per year), based on the average of the high and low trading prices of the Corporation’s common stock averaged over the last ten trading days of the quarter. These units will be fully vested upon crediting and
will be distributed to the Director on the second anniversary of the grant date. The units will be distributed 100% in shares of the Corporation’s common stock. 


  

	 	•	 	 The annual option grant to each Director, beginning in 2009, will change from an option to purchase 6,000 shares of the Corporation’s common stock
to a grant value of $56,000 with the number of options granted based on the fair value of the Corporation’s stock options on the date of grant. The vesting of the options will change from equal installments over five years to equal installments
over four years. Beginning in 2010, the term of the options will be ten years. 


  

	 	•	 	 Unless the Board exempts a Director, each Director will also be required to retain at all times stock representing no less than 50% of the after-tax
value of exercised options and shares received upon distribution of deferred stock units until he or she leaves the Board. 


 Non-Management Chairman of the Board: 
  

	 	•	 	 The Chairman of the Board will receive an annual retainer of $500,000, credited quarterly in arrears in installments of $125,000 each (prorated for
partial periods of service), and payable 100% in the form of deferred stock units of the Corporation’s common stock. The number of stock units credited for each full calendar quarter will be determined by dividing $125,000 by the average of the
high and low trading prices of the Corporation’s common stock averaged over the last ten trading days of the quarter. 


  

	 	•	 	 The deferred units will be fully vested upon crediting, will be distributed 100% in shares of the Corporation’s common stock in January of the
year following the year of crediting and will be subject to the retention requirement applicable to all other Directors as described above. 


  

	 	•	 	 The Chairman will receive no other cash retainer, meeting fees or restricted stock grants, but will continue to receive the annual stock option grant.



 The Board’s determination in June 2006 that, at Mr. Jobs’s request, he be excluded from receiving
compensation as a Director, is unaffected by this policy.
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 Falcon Natural Gas Corp. (the
"Company") on Form 10-KSB for the year ended December 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Fred
Zaziski, 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.

      A signed original of this written statement required by Section 906 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.

/s/ Fred Zaziski
----------------
Name:  Fred Zaziski
Title: Chief Executive Officer
Date:  May 9, 2006
<PAGE>
                                                                    EXHIBIT 3.21


                      ARTICLES OF INCORPORATION-FOR PROFIT

                                       OF

                            MILESTONE TRADITIONS INC.


[XXXXX] Business Stock (15Pa.C.S.1306)          [ ] Professional (15Pa.C.S.2903)

[     ] Business Nonstock (15Pa.C.S.2102)       [ ] Management (15Pa.C.S.2702)

[     ] Business-Statutory Close                [ ] Insurance (15Pa.C.S.3101)
        (Pa. C.S. 2303)

[     ] Cooperative (15Pa.C.S.7102)

         In compliance with the requirements of the applicable provisions of 15
Pa.C.S. (relating to corporations and unincorporated associations) the
undersigned, desiring to incorporate a corporation for profit, hereby state(s)
that:

1.       The name of the corporation is:

         MILESTONE TRADITIONS INC.

2.       The address of this corporation's initial registered office in this
         Commonwealth or name of its commercial registered office provider and
         the county of venue is:

         ERIC A. WEISS
         30 SUGAR MAPLE DRIVE
         NEWTOWN SQUARE, PA 19073
         DELAWARE COUNTY

3.       The corporation is incorporated under the provisions of the Business
         Corporation Law of 1988.

4.       The aggregate number of shares authorized is:

         100 SHARES AT NO PAR VALUE

5.       The name and address, including number and street, if any, of each
         incorporator is:

         WENDY SMITH
         319 MARKET STREET
         HARRISBURG, PA 17101

6.       The specified effective date, if any, is:

7.       Additional provisions of the articles, if any, attach an 8 1/2 x 11
         sheet.



<PAGE>
Page 2

ARTICLES OF INCORPORATION
MILESTONE TRADITIONS INC.


8.       Statutory close corporation only: Neither the corporation nor any
         shareholder shall make an offering of any of its shares of any class
         that would constitute a "public offering" within the meaning of the
         Securities Act of 1933 (15 U.S.C. 77a et seq.)

9.       Cooperative corporations only: (Complete and strike out inapplicable
         term) The common bond of membership among its members/shareholders is:

IN TESTIMONY WHEREOF, the incorporator has signed these Articles of
Incorporation on November 16, 1998.




/s/ WENDY SMITH
-----------------------------