alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### THE GRANVILLE R. BACON.

(Circuit Court of Appeals, Fifth Circuit.

January 31, 1916.)

No. 2793.

Shipping <@=»84(5) — Personal Injuries — Comparative Negligence — Amount op Recovery.

The libelant, a young man 21 years old, was injured in unloading a cargo from a schooner, and was in bed 50 days, suffered pain, and was still suffering pain at the time of the trial. His physician’s minimum fee was $350. His leg was fractured at the hip, and had been so shortened that *716lie would be a cripple for life, and unable to do tbe work to which he was accustomed, though able to do light work. He had been a steady working man, hardly- ever unemployed, and generally earning $1.75 a day. *Held,*that the facts showed that the District Court’s allowance of $1,500 as damages was based on a finding that the libelant was guilty of contributory negligence, and that he followed the admiralty rule to divide the damages.

[Ed. Note. — For other cases, see Shipping, Cent. Dig. § 342; Dec. Dig. <8=»84(5).]

Appeal from the District Court of the United States for the Southern District of Florida; Wm. B. Sheppard, Judge.

Libel in admiralty by Ronald Forsyth- against George Bennett, master of the schooner Granville R. Bacon. Decree for libelant, and defendant appeals.

Affirmed.

Frank B. Shutts, Wm. P. Smith, and Crate D. Bowen, all of Miami, Fla., for appellant.

Eugene O. Locke, of Jacksonville, Fla., for appellee.

Before PARDEE and WALKER, Circuit Judges, and NEWMAN, District Judge.

PER CURIAM.

This is a libel in admiralty to recover damages from the schooner Granville R. Bacon for injuries in unloading cargo. The decree of the District Court, without assigning specific reasons therefor, awarded $1,500 for damages.

On the evidence in the transcript, we conclude that the schooner was guilty of negligence as charged, and that the libelant was guilty of contributory negligence. The evidence shows without dispute that the libelant was a young man 21 years of age at the time of his injury; that he was 50 days in bed and suffered pain, and was still suffering pain at the time of testifying; that the minimum fee of the attending physician was $350; that his leg was fractured at tire' hip, and has been shortened, so that he will be a cripple for life, and that, while he may be able to do light work, he can never do the work to which he was accustomed; and that he had been a steady working man, hardly ever unemployed, generally earning $1.75 per day.

From this we infer that the sum of $1,500, allowed by the District Judge, was based on the finding that, while the schooner was guilty of negligence, the libelant was guilty of contributory negligence, and that he followed the admiralty rule in such cases, dividing the damages. See The Max Morris, 137 U. S. 1, 11 Sup. Ct. 29, 34 L. Ed. 386.

The decree appealed from is affirmed.
#### Bruce E. SMITH, Plaintiff—Appellant, v. Ray MABUS, Secretary Dept. of the Navy Agency, Defendant—Appellee.

No. 10-2429.

United States Court of Appeals, Fourth Circuit.

Submitted: April 27, 2011.

Decided: May 10, 2011.

Bruce E. Smith, Appellant pro se.

Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Bruce E. Smith appeals the district court’s order dismissing his complaint for nonpayment of filing fees. We have reviewed the record and find no reversible error. Accordingly, although we grant leave to proceed in forma pauperis, we affirm for the reasons stated by the district court. *Smith v. Mabus,*No. 2:10-cv-00502-RAJ-TEM (E.D. Va. filed Oct. 19; entered Oct. 20, 2010 & Nov. 24, 2010). 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.

*AFFIRMED.*
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[Federal Register Volume 65, Number 77 (Thursday, April 20, 2000)]
[Notices]
[Pages 21197-21198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9884]


=======================================================================
-----------------------------------------------------------------------

FEDERAL RESERVE SYSTEM


Change in Bank Control Notices; Acquisitions of Shares of Banks 
or Bank Holding Companies

    The notificants listed below have applied under the Change in Bank 
Control Act (12 U.S.C. 1817(j)) and Sec. 225.41 of the Board's 
Regulation Y (12 CFR 225.41) to acquire a bank or bank

[[Page 21198]]

holding company. The factors that are considered in acting on the 
notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).
    The notices are available for immediate inspection at the Federal 
Reserve Bank indicated. The notices also will be available for 
inspection at the offices of the Board of Governors. Interested persons 
may express their views in writing to the Reserve Bank indicated for 
that notice or to the offices of the Board of Governors. Comments must 
be received not later than May 4, 2000.
    A. Federal Reserve Bank of Minneapolis (JoAnne F. Lewellen, 
Assistant Vice President), 90 Hennepin Avenue, Minneapolis, Minnesota 
55480-0291:
    1. The Emison Investments Limited Partnership, Eden Prairie, 
Minnesota; to acquire voting shares of Community Bank Group, Inc., Eden 
Prairie, Minnesota; and thereby indirectly acquire voting shares of 
Community Bank Winsted, Winsted, Minnesota, and Community Bank 
Minnesota Valley, Jordan, Minnesota.
    B. Federal Reserve Bank of Kansas City (D. Michael Manies, 
Assistant Vice President), 925 Grand Avenue, Kansas City, Missouri 
64198-0001:
    1. Randy Allan Deason, Chouteau, Oklahoma; to acquire voting shares 
of BOC Banshares, Inc., Chouteau, Oklahoma, and thereby indirectly 
acquire voting shares of Bank of Commerce, Chouteau, Oklahoma.
    C. Federal Reserve Bank of Dallas (W. Arthur Tribble, Vice 
President), 2200 North Pearl Street, Dallas, Texas 75201-2272:
    1. Robert B. Mathieu, Delhi, Louisiana; to acquire additional 
voting shares of Delhi Bancshares, Inc., Delhi, Louisiana, and thereby 
indirectly acquire additional voting shares of Guaranty Bank & Trust 
Company of Delhi, Delhi, Louisiana.

    Board of Governors of the Federal Reserve System, April 14, 
2000.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 00-9884 Filed 4-19-00; 8:45 am]
BILLING CODE 6210-01-P
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE 
BALANCE SHEET AS OF SEPTEMBER 30, 1998, AND THE YEAR TO DATE STATEMENT OF 
OPERATIONS FOR THE PERIOD THEN ENDED AND IS QUALIFIED IN ITS ENTIRETY BY 
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND> 
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                           3,383
<SECURITIES>                                    23,621
<RECEIVABLES>                                    4,329
<ALLOWANCES>                                       110
<INVENTORY>                                        500
<CURRENT-ASSETS>                                31,450
<PP&E>                                           5,125
<DEPRECIATION>                                   1,142
<TOTAL-ASSETS>                                  46,634
<CURRENT-LIABILITIES>                            4,492
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           126
<OTHER-SE>                                      41,607
<TOTAL-LIABILITY-AND-EQUITY>                    46,634
<SALES>                                              0
<TOTAL-REVENUES>                                10,603
<CGS>                                                0
<TOTAL-COSTS>                                   15,997
<OTHER-EXPENSES>                                 3,443
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (15,867)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (15,867)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (15,867)
<EPS-PRIMARY>                                   (1.28)
<EPS-DILUTED>                                   (1.28)
        

</TABLE>
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Exhibit
10.1





STONERIDGE,
INC.


LONG-TERM
INCENTIVE PLAN


AMENDMENT
TO


RESTRICTED
SHARES GRANT AGREEMENT




Recitals




1.           Stoneridge,
Inc., an Ohio corporation (the “Company”) and __________________ (“Grantee”) are
parties to a Restricted Shares Grant Agreement dated February 25, 2007 (the
“RSGA”).




2.           Pursuant
to the pursuant to the terms and conditions RSGA the Grantee was granted Common
Shares, without par value, of the Company (the “Restricted
Shares”).




3.           The
grant of Restricted Shares under the RSGA was comprised of two separate mutually
exclusive parts, Award I (time-based restricted shares) and Award II
(performance-based restricted shares).




4.           In
the event of a Change in Control the Award II Restricted Shares conditioned the
lapse of the risk of forfeiture (vesting) on the price of the Company’s Common
Shares, calculated by the average of the closing price of the Common Shares for
the ten trading days immediately preceding the date of the Change in Control,
being equal to or greater than $6.05 per share.




5.           The
$6.05 price floor condition in the event of a Change in Control was a holdover
in the form of grant agreement from a prior year and Compensation Committee has
determined that it should not be applied to awards of restricted common shares
made in 2007.




Amendment




The RSGA is hereby amended by deleting
subsection 5(b) in its entirety and replacing it with the
following:




“5(b)        a
Change in Control of the Company (as defined in the Plan); subject to the
proviso below, or”




The
remainder of the RSGA shall remain unchanged.


IN
WITNESS WHEREOF, the Company has caused its corporate name to be subscribed by
its duly authorized officer as of the 3rd day of May, 2009.




STONERIDGE,
      INC.ByJohn
      CoreyThe
      foregoing is hereby accepted.(Signature)
<PAGE>
                                                                      EXHIBIT 11


                               NOVADEL PHARMA INC.

                         EARNINGS PER SHARE COMPUTATION

                (DOLLARS IN THOUSANDS, EXCEPT PER SHARE AMOUNTS)
                                   (UNAUDITED)

<TABLE>
<CAPTION>

                                                                 NINE MONTHS ENDED
                                                                  APRIL 30, 2003
                                                          --------------------------------


                                                                       BASIC
                                                          --------------------------------

<S>                                                       <C>
WEIGHTED AVERAGE SHARES OUTSTANDING                                            14,731,391
DILUTIVE EFFECT OF STOCK PERFORMANCE PLANS (1)                                          -
                                                          --------------------------------

     TOTAL                                                                     14,731,391

NET INCOME (LOSS)                                                                 (4,354)
                                                          --------------------------------


EARNINGS PER SHARE                                                                  (.30)
                                                          --------------------------------


                                                                 NINE MONTHS ENDED
                                                                  APRIL 30, 2002
                                                          --------------------------------


                                                                       BASIC
                                                          --------------------------------

WEIGHTED AVERAGE SHARES OUTSTANDING                                            10,332,959
DILUTIVE EFFECT OF STOCK PERFORMANCE PLANS (1)                                         --
                                                          --------------------------------

     TOTAL                                                                     10,332,959

NET INCOME (LOSS)                                                                 (2,588)
                                                          --------------------------------


EARNINGS PER SHARE                                                                  (.25)
                                                          --------------------------------


</TABLE>


(1)      NO POTENTIAL SHARES FROM STOCK  PERFORMANCE  PLANS HAVE BEEN PRESENTED,
         AS THEIR EFFECT WOULD BE ANTI-DILUTIVE

<PAGE>
Exhibit 32.1

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the accompanying Quarterly Report on Form 10-Q of Transgenomic, Inc. for the quarter ended June 30, 2007, I, Craig J. Tuttle, President and Chief
Executive Officer of Transgenomic, Inc., hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to my knowledge, that:



|(1) | Such Quarterly Report on Form 10-Q of Transgenomic, Inc. for the quarter ended June 30, 2007, 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 such Quarterly Report on Form 10-Q of Transgenomic, Inc. for the quarter ended June 30, 2007, fairly presents, in all material respects, the
financial condition and results of operations of Transgenomic, Inc.
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



/s/ CRAIG J. TUTTLECraig J. TuttlePresident and Chief Executive Officer


Date: August 14, 2007

A signed original of the certification required by Section 906 has been provided to Transgenomic, Inc. and will be retained by Transgenomic, Inc. and furnished to the Securities and Exchange Commission or its
staff upon request.
exhibit10-37.htm


Exhibit 10.37

 


EMPLOYMENT AGREEMENT AMENDMENT





This Employment Agreement Amendment (this "Amendment"), dated March 30, 2010, is by and between Glowpoint, Inc., a Delaware corporation (hereinafter "Glowpoint"), and Edwin F. Heinen (hereinafter "Employee").  Capitalized terms used but not otherwise defined in this Amendment shall have the meanings set forth in the Employment
Agreement (as defined below).





WHEREAS, Employee and Glowpoint entered into an Employment Agreement on January 30, 2007, as amended April 24, 2007, November 24, 2008 and March 12, 2009 (as amended, the “Employment Agreement”);





WHEREAS, the Employee’s employment term is currently scheduled to expire on January 31, 2011; and





WHEREAS, the Company wishes to extend Employee’s employment term, and Employee wishes to continue to work for Company;

 

NOW, THEREFORE, in consideration of the mutual covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

 

1. Term; Position.  The Employment Agreement is hereby amended to delete “until January 31, 2011”
in the first sentence of Section 1.1 and replace it with “until January 31, 2012”.





2. Entire Agreement.  This Amendment is the final, complete and exclusive agreement between the Parties
relating to the subject matter hereof, and supersedes all prior or contemporaneous proposals, understandings, representations, warranties, promises and other communications, whether oral or written, relating to such subject matter.  Unless specifically amended by this Amendment, all terms of the Employment Agreement remain unchanged and are in full force and effect.  If any provision of the Employment Agreement, as amended by this Amendment, is held by a court of competent jurisdiction to
be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect.





In Witness Whereof, the parties have duly executed this Agreement as of the date first written above.






	
Glowpoint, Inc.
	  
	
 

By: /s/ Joseph Laezza                                                   

Joseph Laezza, President
	
 

/s/ Edwin F. Heinen

Edwin F. Heinen
#### The People of the State of New York, Respondent, v Stephen Sigl, Appellant.

Memorandum: Upon taking the witness stand on his own behalf, a defendant may be questioned concerning prior convictions, as well as vicious, immoral or illegal acts, for purposes of impeaching his credibility *(People v Williams,*56 NY2d 236, 238). However, "[i]mpeachment of a witness by evidence or inquiry as to prior arrests or charges is clearly improper. The mere fact that a person has been previously charged or accused has no probative value. There is absolutely no logical connection between a prior unproven charge and that witness’ credibility. Therefore, such evidence is inadmissible as unduly prejudicial hearsay which contravenes the presumption of innocence” *(People v Cook,*37 NY2d 591, 596). The court’s determination that defendant could be questioned about several unnamed and named felony charges as well as unnamed misdemeanor charges was improper. (Appeal from judgment of Supreme Court, Monroe County, Mark, J. — assault, second degree.) Present — Doerr, J. P., Boomer, Green, Pine and Balio, JJ.