alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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#### Barbara Rea, Respondent, v Harold Halpern, as Executor of John T. Shaffner, Deceased, et al., Appellants.

— Casey, J.

The parties to this action entered into a stipulation of settlement in open court, whereby plaintiff agreed to accept and defendants agreed to pay $2,500. Counsel for defendant John T. Shaffner, deceased, stated that the amount of the claims of creditors of Shaffner’s estate exceeded the assets of the estate, and plaintiff’s counsel stated that this insolvency was a major reason for plaintiff’s decision to accept the settlement offer. As a result of these representations, the trial court stated that it would "maintain jurisdiction of this aspect of the case” and that if the estate were found to be solvent, the court would entertain a motion by plaintiffs counsel to set aside the settlement. The court further stated that such a motion would be granted, return of the money ordered, and the case restored to the Trial Calendar if it found that material misrepresentations were made to plaintiff. Plaintiffs counsel thereafter sent defense counsel a stipulation of discontinuance and release. The release stated that it was being given pursuant to the stipulation and subject to the terms and conditions contained in the stipulation. Defense counsel refused to accept the release as written. By letter, with notice to defense counsel, plaintiff informed the court of defendants’ refusal, and the court ordered the case restored to the calendar.

Since the action has not been terminated, the trial court retains its supervisory power over the action and may lend aid to a party who seeks enforcement of the settlement *(see, Teitelbaum Holdings v Gold,*48 NY2d 51). In our view, the stipulation of discontinuance and release offered by plaintiff were in accordance with the stipulation settling the action *359and, therefore, defendants’ refusal to accept them was not justified. In the circumstances, however, the order restoring the case to the calendar should be modified to provide that such restoral shall occur unless defendants comply with the stipulation of settlement by accepting the stipulation of discontinuance and release offered by plaintiff and by paying plaintiff the amount agreed upon in the settlement. The order denying defendants’ motion for leave to serve an amended answer should be affirmed.

Order entered September 11, 1985 modified, on the law and the facts, with costs to plaintiff, by adding the following language to the decretal paragraph: “unless, within 10 days of entry of the order herein, defendants comply with the stipulation of settlement by accepting the stipulation of discontinuance and release offered by plaintiff and by paying plaintiff the amount agreed upon in the settlement”, and, as so modified, affirmed.

Ordered entered March 12, 1986 affirmed, without costs. Mahoney, P. J., Main, Casey, Mikoll and Harvey, JJ., concur.
**Exhibit 10.44****First Amendment****To French Annex**     **Whereas**, the Board of Directors of IDM Pharma, Inc. (the “Company”) has determinedthat it is in the best interests of the Company to amend the terms of the French Annex to theCompany’s 2000 Stock Plan to provide that the lock-up period described in Section 11 of the FrenchAnnex shall not apply where the optionee exercises his or her option during any permittedpost-termination exercise period that follows his or her termination of service.     **Accordingly**, Section 11 of the French Annex is hereby amended and restated in itsentirety as follows, effective as of December 19, 2005:Lock-Up Period. In the event of an exercise of Qualified Options prior to thefourth(4th) anniversary of the Date of Grant1, any shares of CommonStock received upon exercise of such Qualified Options shall be held in a separate accountwith a Company approved brokerage firm and may not be sold, assigned, donated or otherwisedisposed of until the fourth (4th) anniversary of the Date of Grant1.However, this “Lock-Up Period” shall not apply in the case of death or disability (asdefined under in the second and third categories of Articles L 341-4 of the French socialsecurity code) of the Optionholder. In addition, in the event of retirement or dismissal(as both terms are defined under applicable law) of the Optionholder, the Lock-Up Periodshall not apply to any shares of Common Stock received upon exercise of Qualified Options,provided that the relevant Options were exercised at least three months prior to the date ofretirement or dismissal, as the case may be. Notwithstanding the foregoing, the Lock-UpPeriod shall not apply to any shares of Common Stock received upon exercise of QualifiedOptions, provided that the relevant Options were exercised after the date of the terminationof the Optionholder’s Continuous Service in accordance with Article 6(h) of the Plan.Additionally, the Board shall have the discretionary authority to extend, accelerate orreduce any Lock-Up Period. 1 The sale of the shares resulting from theexercise of the options can not be restricted for a period longer than threeyears as from the date of the exercise of the option. Therefore, in order thatthe lock-up period is four years from the date of the grant, it should beensured that the options can not be vested during the first year from the dateof the grant.
1.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
 THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE HAGLER
 BAILLY, INC. UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS FOR THE TWELVE MONTHS
  ENDED DECEMBER 31, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
                              FINANCIAL STATEMENTS
</LEGEND>
       

<S>                             <C>
<PERIOD-TYPE>                                  12-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-START>                                 JAN-01-1997
<PERIOD-END>                                   DEC-31-1997
<CASH>                                         11,813,067
<SECURITIES>                                   0
<RECEIVABLES>                                  56,729,256
<ALLOWANCES>                                   3,872,703
<INVENTORY>                                    0
<CURRENT-ASSETS>                               68,038,511
<PP&E>                                         16,576,776
<DEPRECIATION>                                 11,063,142
<TOTAL-ASSETS>                                 85,808,372
<CURRENT-LIABILITIES>                          35,270,064
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       154,737
<OTHER-SE>                                     48,694,459
<TOTAL-LIABILITY-AND-EQUITY>                   85,808,372
<SALES>                                        160,615,385
<TOTAL-REVENUES>                               160,615,385
<CGS>                                          120,585,654
<TOTAL-COSTS>                                  120,585,654
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             1,301,256
<INCOME-PRETAX>                                1,233,594
<INCOME-TAX>                                   5,459,294
<INCOME-CONTINUING>                            (4,225,700)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                2,335,598
<CHANGES>                                      0
<NET-INCOME>                                   (1,890,102)
<EPS-PRIMARY>                                  (0.14)
<EPS-DILUTED>                                  (0.13)
        


</TABLE>
#### Henry B. Dukes, Respondent, *v.*The Eastern Distilling Company, Appellant.

(Argued October 8, 1890;

decided October 28, 1890.)

Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 11, 1888, which affirmed a judgment in favor of defendant entered upon a verdict, and affirmed an order denying a motion for a new trial

*C. Bainbridge Smith*for appellant.

*Charles J. Patterson*for respondent.

Agree to affirm; no opinion.

All concur.

Judgment affirmed.__
<PAGE>   1
                                   EXHIBIT 21

                   SUBSIDIARIES OF MCCLATCHY NEWSPAPERS, INC.
                            (A DELAWARE CORPORATION)

                                     ALASKA

                           Anchorage Daily News, Inc.

                                   CALIFORNIA

                              El Dorado Newspapers
                              Fifty-Five Plus, Inc.
                            Gavilan Newspapers, Inc.
                            Information Sources, Inc.
                                    Legi-Tech
                            Newsprint Ventures, Inc.
                           The Newspaper Network, Inc.

                                    DELAWARE

                              Wingate Paper Company

                                 NORTH CAROLINA

                    The News and Observer Publishing Company

                                 SOUTH CAROLINA

                           East Coast Newspapers, Inc.

                                   WASHINGTON

                        Olympic-Cascade Publishing, Inc.
                                Tacoma News, Inc.
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1495 Introduced in Senate (IS)]

105th CONGRESS
  1st Session
                                S. 1495

To amend section 7703 of title 5, United States Code, to strengthen the 
ability of the Office of Personnel Management to obtain judicial review 
          to protect the merit system, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 9, 1997

 Mr. Levin (by request) introduced the following bill; which was read 
      twice and referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
To amend section 7703 of title 5, United States Code, to strengthen the 
ability of the Office of Personnel Management to obtain judicial review 
          to protect the merit system, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. MERIT SYSTEM JUDICIAL REVIEW.

    Section 7703 of title 5, United States Code, is amended--
            (1) in subsection (b)(1) by striking ``provision of law,'' 
        and inserting ``provision of law except subsection (d),''; and
            (2) in subsection (d)--
                    (A) in the first sentence, by inserting after 
                ``filing'' the following: ``, within 60 days after the 
                date the Director received notice of the final order or 
                decision of the Board,''; and
                    (B) by striking the last sentence.

SEC. 2. EFFECTIVE DATE.

    The amendments made by section 1 shall take effect on the date of 
enactment of this Act, and apply to any suit, action, or other 
administrative or judicial proceeding pending on such date or commenced 
on or after such date.
                                 <all>
```
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     (Replace this text with the legend)
</LEGEND>
<CIK>                                          0001034237
<NAME>                                         AEROCENTURY IV
<MULTIPLIER>                                   1
<CURRENCY>                                     US DOLLARS

<S>                             <C>
<PERIOD-TYPE>                                  3-MOS
<FISCAL-YEAR-END>                              DEC-31-2000
<PERIOD-START>                                 JAN-01-2000
<PERIOD-END>                                   MAR-31-2000
<EXCHANGE-RATE>                                        1
<CASH>                                           348,720
<SECURITIES>                                           0
<RECEIVABLES>                                    258,060
<ALLOWANCES>                                           0
<INVENTORY>                                            0
<CURRENT-ASSETS>                                 606,780
<PP&E>                                         4,273,460
<DEPRECIATION>                                   556,230
<TOTAL-ASSETS>                                 4,979,290
<CURRENT-LIABILITIES>                            360,560
<BONDS>                                        4,869,000
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                            0
<COMMON>                                         243,420
<OTHER-SE>                                      (493,690)
<TOTAL-LIABILITY-AND-EQUITY>                   4,979,290
<SALES>                                                0
<TOTAL-REVENUES>                                 191,760
<CGS>                                                  0
<TOTAL-COSTS>                                          0
<OTHER-EXPENSES>                                 163,170
<LOSS-PROVISION>                                       0
<INTEREST-EXPENSE>                               121,730
<INCOME-PRETAX>                                  (93,140)
<INCOME-TAX>                                     (32,050)
<INCOME-CONTINUING>                              (61,090)
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                     (61,090)
<EPS-BASIC>                                        (0.25)
<EPS-DILUTED>                                      (0.25)



</TABLE>
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Commerce

###### Foreign-Trade Zones Board

          - [B-29-2021]

On April 14, 2021, Lely North America, Inc. (Lely) submitted a notification of proposed production activity to the FTZ Board for its facility within Subzone 107E, in Pella, Iowa.

                    The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the                     **Federal Register**                     inviting public comment (86 FR 21686, April 23, 2021). On August 12, 2021, the applicant was notified of the FTZ Board's decision that no further review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board's regulations, including Section 400.14.                

Dated: August 12, 2021.

Andrew McGilvray,

Executive Secretary.

[FR Doc. 2021-17691 Filed 8-17-21; 8:45 am]

BILLING CODE 3510-DS-P
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 Quarterly Report on Form 10-Q of OmniComm Systems, Inc. (the Company) for the quarter ended June 30 2008, as filed with the Securities and Exchange Commission on the date hereof (the
Report), the undersigned, being, Cornelis F. Wit, 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                                              
|--------------------------------------------------------------
|/s/ Cornelis F. Wit                                           
|Cornelis F. Wit                                               
|President, Chief Executive Officer principal executive officer
|                                                              
|August 14, 2008
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  Synergx  Systems  Inc.  (the
"Company") on Form 10-KSB for the period ending September 30, 2006 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Daniel  S.  Tamkin,  Chief  Executive  Officer  of the  Company,  and I, John A.
Poserina, Chief Financial Officer of the Company certify,  pursuant to 18 U.S.C.
ss. 1350, as adopted pursuant to ss. 906 of the  Sarbanes-Oxley  Act of 2002, to
my knowledge, 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.



                                              /s/ Daniel S. Tamkin
                                              Chief Executive Officer
                                              Synergx Systems Inc.

December 26, 2006




                                              /s/ John A. Poserina
                                              Chief Financial  Officer
                                              Synergx Systems Inc.

December 26, 2006