alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 11**  **- 6413** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,
v. REGINALD LAMOND FIELDS , Defendant

- Appellant
.

Appeal from the United States District Court for the West ern District of North Carolina , at Asheville
. Martin K. Reidinger , District Judge. ( 1:09

- cr - 00013

- MR

- 5; 1:11

- cv - 00010

- MR )

Submitted : June 16, 2011 Decided: June 21, 2011

Before NIEMEYER and GREGORY , Circuit Judges, and HAMILTON, Senior Circuit Jud ge.

Dismissed by un published per curiam opinion
. Reginald Lamond Fields, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circui t.2 PER CURIAM: Reginald Lamond Fields seeks to appeal the district court’s order denying relief on his 28 U.S.C. A. § 2255 ( West Supp. 2010 ) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (B) (200 6 ). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (200 6 ). When the district court denies relief on the merits, a prisoner satisfie s this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003 ). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that Fields has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal3 cont entions are adequately presented in the materials before the court and argument would not aid the decisional process.
DISMISSED
**Exhibit 31.2**

**CERTIFICATIONS**

I, Joan Katzeff, certify that: 

1. I have reviewed this quarterly report on Form 10-Q of Thanksgiving Coffee Company, Inc.; 

2. Based on my knowledge, thisreport 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 periodcovered by this report; 

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

4.The registrant’s other certifying officers 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)) and internal control over financial reporting (asdefined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the registrant and have: 

a) Designed such disclosure controls and procedures, or caused suchdisclosure 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, particularlyduring the period in which this report is being prepared; 

b) Designed such internal control over financial reporting or caused such internal control overfinancial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally acceptedprinciples; 

c) Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions aboutthe effectiveness of the disclosure controls and procedures as of the end of the period covered by this report based on such evaluation; and 

d) Disclosedin 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 hasmaterially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; 

5. Theregistrant’s other certifying officers 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 controlover financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; 

b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuer’s internal control over financial reporting.
##### 



EXHIBIT 10.14H
 EIGHTH AMENDMENT
TO
 CREDIT AGREEMENT
(Term Loan)
 Amendment
Agreement , Borrower CoBank Administrative Agent Syndication Party Syndication
Parties
 RECITALS
 St. Paul Bank Credit
Agreement
 First Amendment Second Amendment Third Amendment Fourth Amendment Fifth Amendment Sixth Amendment Seventh Amendment
    1. Definitions .




---



##### 



2. Amendments to Credit Agreement .
   Exhibit 10.8(f)
 3. Borrowers Representations .
 4. Effective Date . Effective
Date
 5. Costs; Expenses and Taxes .
 6. General Provisions .
 6.1
 6.2
 6.3
 2




---



##### 



7. Governing Law .
 8. Counterparts .
  3




---



##### 



IN WITNESS WHEREOF,
 BORROWER:
CHS INC., a cooperative corporation formed under the
laws of the State of MinnesotaBy:Name:
    John SchmitzTitle:
    Executive Vice President and Chief Financial Officer ADMINISTRATIVE AGENT:
COBANK, ACBBy:Name:
    Michael TousignantTitle:
    Vice President SYNDICATION PARTY:
COBANK, ACBBy:Name:
    Michael TousignantTitle:
    Vice President 4
**Exhibit 31.2**
**CERTIFICATION**
I, James A. Tuell, certify that:
 1.  I have reviewed this annual report on Form 10-K/A of Infinity, Inc.;  2.  Based on my knowledge, this annual report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, not misleading withrespect to the period covered by this annual report;  3.  Based on my knowledge, the financial statements, and other financial informationincluded in this annual report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, and for, theperiods presented in this annual report;  4.  The registrant’s other certifying officer and I am responsible for establishing andmaintaining 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 disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this annual report is being prepared; and  b.  Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this annual report our conclusions about the effectivenessof the disclosure controls and procedures, as of the end of the period covered by thisannual report based on such evaluation; and  c.  Disclosed in this annual report any change in the registrant’s internal controlover financial reporting that occurred during the registrant’s most recent fiscalquarter that has materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and
 5.  The registrant’s other certifying officers and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of registrant’s board of directors:
 a.  All significant deficiencies and material weaknesses in the design or operationof internal controls over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; and  b.  Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.   /s/ James A. Tuell      James A. Tuell  Executive Vice President (Principal Financial and Accounting Officer)   Date: April 29, 2005
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#### Albert Lewis, Respondent-Appellant, v Pay Television of Greater New York, Inc., Appellant-Respondent.

*560The plaintiff Albert Lewis, in his complaint, alleges that he has been caused to suffer emotional distress as the result of having been served with a summons and complaint in a separate action brought against him by the defendant, Pay Television of Greater New York, Inc. (hereinafter Pay Television), in the Civil Court of the City of New York. The action in the Civil Court is premised upon allegations that Mr. Lewis has illegally intercepted and received microwave transmissions emitted by Pay Television. Mr. Lewis further alleges that Pay Television commenced the Civil Court action in order to "intimidate, confuse and threaten” him, and has commenced similar legal actions against nearly 1,000 other members of the "unsuspecting public”. Pay Television made a motion to dismiss the complaint, which was denied. We reverse and grant the motion to dismiss.

There is no cause of action to recover damages for abuse of process unless the process complained of involves " 'an unlawful interference with one’s person or property’ ” *(Curiano v Suozzi,*63 NY2d 113, 116, quoting from *Williams v Williams,*23 NY2d 592, 596; *Rebore v Pace,*115 AD2d 468). The mere issuance of a summons and complaint is therefore insufficient to support a claim for abuse of process *(Curiano v Suozzi, supra; Weisman v Weisman,*108 AD2d 853; *James v Saltsman,*99 AD2d 797). Thus, the plaintiff’s complaint to recover damages for abuse of process based on the Civil Court summons and complaint fails to state a cause of action (CPLR 3211 [a] [7]).

In light of this determination, the issue of whether the plaintiff may assert his cause of action to recover damages for abuse of process as the representative of a class consisting of all persons sued by the defendant in the Civil Court is academic. We also find that there is no merit to the defendant’s request that it be permitted to interpose a counterclaim against all the members of the plaintiff’s proposed class (including Lewis), and, in addition, all other suspected cable television "pirates” who have not yet been sued in the Civil Court. Such relief is entirely unwarranted where the defendant’s position is that the plaintiff is not qualified to represent the class. Such relief is also unwarranted in light of the fact that the defendant has already commenced hundreds of Civil Court actions against the individuals (including Lewis) whom it now seeks to sue as a class *(see,*CPLR 902 [3]).

Accordingly, we reverse so much of the order of Justice *561Lodato as permitted the defendant to assert such a counterclaim. Thompson, J. P., Weinstein, Rubin and Spatt, JJ., concur.
d063021dex101







 
Exhibit 10.1 

 
 
ConocoPhillips 
925 N. Eldridge Parkway 
Houston, TX 77079 
www.conocophillips.com
 
 
 
 
 
The Human Resources and Compensation Committee approved the following 
actions to 
facilitate an orderly transition of responsibilities 
from Matt Fox, Executive 
Vice President and 
Chief Operating Officer upon retirement: 
 
●
 
A proration for the Performance 
Share Units for the 2021-2023 Performance Period of 
the Performance Share Program, waiving 
the usual requirement for at least one year of 
employment with regard to an award 
to avoid forfeiture 
of the award, 
all other terms 
and conditions for this award remain unchanged; and 
 
●
 
A proration for the 2021 Executive 
Restricted Stock Unit award where the number of 
units retained will be determined by multiplying the original number of units by a 
fraction, the numerator of which is the number of full months of employment from 
February 1, 2021 and the date of retirement and the denominator of 12, all other terms 
and conditions for this award remain unchanged.
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##### 



Exhibit 23

Consent of the Independent Public Accountants

HEARx Ltd. 
 West Palm Beach, Florida

We hereby consent to the incorporation by reference in the
Registration Statements on Form S-8 (filed
September 13, 1994), Form S-8 (filed July 19,
1996), Form S-3 (File No. 333-04303), Form S-3
(File No. 333-04639), Form S-3 (File
No. 333-11429) , Form S-3 (File No. 333-18753),
Form S-3 (File No. 333-24357), Form S-3 (File
No. 333-25169), Form S-3 (File No. 333-6457),
Form S-3 (File No. 333-38862) and Form S-4 (File
No. 333-73022) of our report dated February 28, 2002,
relating to the consolidated financial statements and financial
statement schedule of HEARx Ltd., appearing in the
Companys Annual Report on Form 10-K for year ended
December 29, 2001.



| |                 
| | ----------------
| | BDO Seidman, LLP

West Palm Beach, Florida 
 May 22, 2002