alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

NO. 97-2178

DORIS MARSO, APPELLANT,

V.

ANTHONY J. PRINCIPI,

SECRETARY OF VETERANS AFFAIRS, APPELLEE.

Before HOLDAWAY, and IVERS, and GREENE, Judges.

O R D E R

On December 23, 1999, the Court affirmed an August 15, 1997, decision of the Board

of Veterans' Appeal (Board) which determined that the veteran's heart disease was not incurred

in service and that a service-connected disability did not cause or substantially or materially

contribute to the veteran's death. The appellant, the veteran's widow, abandoned those issues

on appeal, but instead contended that the Board erred by failing to consider whether she was

entitled to dependency and indemnity compensation (DIC) benefits pursuant to 38 U.S.C. §

1318(b)(1). In its decision, the Court determined that the Board had not committed error when

it did not consider the appellant's eligibility for DIC benefits on the basis of section 1318(b)(1).

The appellant, through counsel, filed an appeal of the decision to the U.S. Court of

Appeals for the Federal Circuit (Federal Circuit). On August 17, 2001, the Federal Circuit

remanded the case in light of Nat'l Org. of Veterans' Advocates, Inc. (NOVA) v. Sec'y of Veterans

Affairs, 260 F.3d 1365 (Fed. Cir. 2001). Pursuant to the Federal Circuit's decision in NOVA, the

Secretary was required to conduct expedited rulemaking to resolve what that court found was an

inconsistency in VA's interpretation of "virtually identical statutes" (38 U.S.C. §§ 1318 and

1311(a)(2)), through the two implementing regulations for those statutes (38 C.F.R. §§ 3.22 and

20.1106) . Id. at 1379. Byway of update, the Court notes that the Secretary, on December 21, 2001,

proposed rules that would remove the inconsistency.

Upon consideration of the foregoing, it

ORDERED that the Board's August 15, 1997, decision is VACATED and that matter is

REMANDED to the Board for readjudication consistent with the Federal Circuit opinion.

DATED: January 23, 2002 PER CURIAM.
Exhibit 13.1





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 Ceragon Networks Ltd. (the “Company”) on Form 20-F for the fiscal year ended December 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned hereby certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of our knowledge:





1.
The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and





2.
The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.




Date: April 18, 2010




By:    /s/ Ira Palti





Name: Ira Palti


Title: President and Chief Executive Officer




By:   /s/ Naftali Idan





Name: Naftali Idan


Title: Executive Vice President and Chief Financial Officer




A signed copy of this written statement required by Section 906 has been provided to Ceragon Networks Ltd. and will be retained by Ceragon Networks Ltd. and furnished to the Securities and Exchange Commission or its staff upon request.
|   | (1)    | The      Report fully complies with the requirements of Section 13(a) or 15(d) of      the Securities Exchange Act of 1934, as amended, 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/ Caixia      Peng                                        |
|--------|--------|--------|-----------------------------------------------------------------------|
|   |   |   | Caixia      PengChief      Financial OfficerDate:      April 15, 2008 |
**Exhibit 99.6**SECTION 302 CERTIFICATIONI, Lawrence Davis, certify that: 1. I have reviewed this annual report on Form 40-F of Hydrogenics Corporation;  2. Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light ofthe circumstances under which such statements were made, not misleading with respect to theperiod covered by this report;  3. Based on my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financial condition,results of operations and cash flows of the company as of, and for, the periods presentedin this report;  4. The company’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) and internal control over financial reporting (as defined in Exchange ActRules 13a-15(f) and 15d-15(f)) for the company and have: (a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, to ensurethat material information relating to the company, including its consolidatedsubsidiaries, 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 suchinternal control over financial reporting to be designed under our supervision, toprovide reasonable assurance regarding the reliability of financial reporting andthe preparation of financial statements for external purposes in accordance withgenerally accepted accounting principles;  (c) Evaluated the effectiveness of the company’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness ofthe disclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and  (d) Disclosed in this report any change in the company’s internal controlover financial reporting that occurred during the period covered by the annualreport that has materially affected, or is reasonably likely to materially affect,the company’s internal control over financial reporting; and 5. The company’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the company’s auditors and theaudit committee of the company’s board of directors (or persons performing the equivalentfunctions): (a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonably likelyto adversely affect the company’s ability to record, process, summarize and reportfinancial information; and  (b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the company’s internal control overfinancial reporting.Date: March 20, 2007       /s/ Lawrence Davis Lawrence Davis    Chief Financial Officer
Exhibit 8
 List of Subsidiaries of Metal Storm Limited
 Percentage
    
    Jurisdiction ofName of Subsidiary
    
    Owned
    
    FormationMetal Storm Inc.
    
    
    (a
    )
    
    DelawareMetal Storm U.S.A. Limited
    
    
    100%
    (b)
    
    DelawareProCam Machine LLC
    
    
    100%
    (c)
    
    WashingtonDigiGun LLC
    
    
    100%
    (d)
    
    Delaware
 
 (a)
    
    Metal Storm Limited directly owns 49% of Metal Storm Inc. and officers of Metal Storm Limited
who are U.S. citizens own the remaining 51% of the company through a trust.(b)
    
    Metal Storm Limited directly owns 100% of Metal Storm U.S.A. Limited. Metal Storm U.S.A.
Limited was incorporated in Delaware on March 31, 2004.(c)
    
    Metal Storm Limited directly owns 100% of ProCam Machine LLC. Metal Storm Limited sold the
assets and liabilities of ProCam to Monroe Machine Products, Inc. on June 1, 2005.(d)
    
    Metal Storm Limited directly owns 100% of DigiGun LLC, which was formed in Delaware on May 6,
2004.
T E X A S C O U R T O F A P P E A L S , T H I R D D I S T R I C T , A T A U S T I N NO. 03-13-0033- CV In re P edro Lucio ORI GINAL P ROCEEDI NG F ROM H AY S CO UNTY M E M O R A N D U M O P I N I O N The pe tition for writ of mandamus is denied. See Tex. R. App. P . 52.8(a) .

__________________________________________ J . Woodfin J ones, Chief Just ice Be fore Chief J ustice Jones, J ustices Goodwin and F ield Filed: January

18, 2013
Exhibit 99.1


               CERTIFICATION OF CHIEF EXECUTIVE OFFICER 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 of Peter Kiewit Sons', Inc. (the
"Company") on Form 10-Q for the period ending March 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I,
Kenneth E. Stinson, 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/ Kenneth E. Stinson
-----------------------
Kenneth E. Stinson
Chief Executive Officer
May 14, 2003
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS       
<FISCAL-YEAR-END>                          DEC-31-1998       
<PERIOD-START>                             JAN-01-1998       
<PERIOD-END>                               SEP-30-1998                 
<CASH>                                             150    
<SECURITIES>                                         0    
<RECEIVABLES>                                   26,090    
<ALLOWANCES>                                     1,506    
<INVENTORY>                                          0    
<CURRENT-ASSETS>                                31,774    
<PP&E>                                         138,763    
<DEPRECIATION>                                  36,548    
<TOTAL-ASSETS>                                 135,425    
<CURRENT-LIABILITIES>                           32,786    
<BONDS>                                              0    
<PREFERRED-MANDATORY>                                0    
<PREFERRED>                                          0    
<COMMON>                                        72,146    
<OTHER-SE>                                       1,176    
<TOTAL-LIABILITY-AND-EQUITY>                   120,634    
<SALES>                                        166,517    
<TOTAL-REVENUES>                               166,517    
<CGS>                                                0    
<TOTAL-COSTS>                                  153,495    
<OTHER-EXPENSES>                                  (148)   
<LOSS-PROVISION>                                     0    
<INTEREST-EXPENSE>                                 881    
<INCOME-PRETAX>                                 12,289    
<INCOME-TAX>                                     4,835    
<INCOME-CONTINUING>                              7,454    
<DISCONTINUED>                                       0    
<EXTRAORDINARY>                                      0    
<CHANGES>                                            0    
<NET-INCOME>                                     7,454    
<EPS-PRIMARY>                                     0.70    
<EPS-DILUTED>                                     0.69    
                                        

</TABLE>
* Pursuant to Local Rule 47.5, the court has determin ed that

this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

_____________________

No. 95-10581 Summary Calendar

_____________________

RICKY EUGENE MORROW,

Plaintiff-Appellant,

versus

FEDERAL BUREAU OF INVESTIGATION; UNITED STATES

DEPARTMENT OF JUSTICE,

Defendants-Appellees.

________________________________________________ Appeal from the United States District Court for the Northern District of Texas

(3:92-CV-2399-R)

________________________________________________
March 21, 1996 Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.

PER CURIAM: *

Ricky Eugene Morrow appeals the partial summary j u dgment

awarded the FBI, challenging the court's conclusion t hat the

identities of FBI agents, law enforcement personnel, witnesses, and

third parties were exempt from disclosure under the Freedom of

Information Act (FOIA), 5 U.S.C. § 552. The Government bears the

burden of establishing that this information compiled for law

enforcement purpo ses is exempted under the FOIA because it could

reasonably be expected to "constitute an unwarranted invasion of

personal privacy". 5 U.S.C. §§ 552(a)(4)(B) & (b)(7)(C). We havereviewed the record and conclude that the district court had an

adequate factual basis for its decision, and that it was not

clearly erroneous. S ee Villanueva v. Dep't of Justice

, 782 F.2d

528, 530 (5th Cir. 1986).

Morrow's motion for in camera inspection is DENIED.

AFFIRMED

.
(8 Misc. Rep. 431.)

#### HANNA v. CONNECTICUT MUT. LIFE INS. CO.

(Superior Court of New York City, General Term.

May 7, 1894.)

Insurance—Condition of Policy—Use of Intoxicating Liquors.

In an action on a policy conditioned to be void if the insured shall become so tar intemperate as to impair his health, the complaint will be dismissed where the affidavit of the cause of death shows that the remote cause was alcoholism, though it also states that the immediate cause was alcoholism and extreme prostration.

Action by Augusta H. Hanna’ against the Connecticut Mutual Life Insurance Company. The complaint was dismissed, and plaintiff’s exceptions ordered to be heard in the first instance at general term. Overruled.

Argued before SEDGWICK, C. J., and McADAM, J.

Alex. Thain, for plaintiff.

John W. Brown, for defendant

SEDGWICK, C. J.

The action was upon a policy insuring the life of plaintiff’s husband. The plaintiff was a witness in her own *662behalf. On her cross-examination she said that she had seen before a paper shown to her by counsel; that it was delivered to the defendant; that it was delivered for the purpose of proving the death of insured; that her answer applied to the whole paper, just as it was down. The policy provided that, if the insured “shall become so far intemperate as to impair his health, this policy shall become and be null and void.” Among the papers referred to was an affidavit which said that the remote cause of death was alcoholism; that the health of the deceased first began to be affected six months before his death; that the immediate cause of death was alcoholism and extreme prostration. She made oath that the answers made by her “are true and full to the best of my belief.” Of course, this contained an admission by her that intemperance had affected the health of the deceased, and would be conclusive upon her unless she could explain it to the satisfaction of the jury. Assuming (not deciding) that there was a question as to the nature of the- admission already alluded to, I think nothing can be said as to her admission of another kind. It was contained in an affidavit —one, of the papers constituting the proof of death—made by the attending physician of deceased. He swore that the remote cause of death was alcoholism; that the immediate cause of death was alcoholism and extreme prostration; that the deceased used spirituous liquors to the extent, and with the effect, that it caused death. The affidavit was handed to the company as giving the facts truly, and as against her it must be taken to be true, unless there is an explanation of a sufficient kind. Ho explanation was made, and on the trial there was effort to show that the cause of death was not alcoholism. The policy was avoided by intemperance that had injured the health of assured. It is therefore immaterial that the cause of death was partly extreme prostration. The learned judge was correct in dismissing the complaint. Plaintiff’s exceptions overruled, and judgment upon order dismissing complaint directed for the defendant.
EXHIBIT 15.2




Securities and Exchange Commission


100 F Street, N.E.


Washington, DC 20549




Commissioners:




We have read the statements made by Mind CTI Ltd (copy attached), which we understand will be filed with the Securities and Exchange Commission, pursuant to Item 16F, as part of the Form 20-F of the Company for the year ended December 31, 2010. We agree with the statements concerning our Firm in such Form 20-F.





S/Kesselman & KesselmanTel Aviv, Israel
Kesselman & KesselmanJune 20, 2011
Certified Public Accountants (Isr.)A member of PricewaterhouseCoopers International limited




Kesselman & Kesselman is a member firm of PricewaterhouseCoopers International Limited, each member firm of which is a separate legal entity


1




Item 16F.             Change in Registrant’s Certifying Accountant




At our annual general meeting held on April 6, 2009, our shareholders approved the recommendation of our audit committee and board of directors not to re-elect Kesselman & Kesselman, certified public accountants in Israel and a member of PricewaterhouseCoopers International Limited, as our independent auditor and elected Brightman Almagor Zohar, certified public accountants in Israel and a member of Deloitte Touche Tohmatsu, in its place.




The reports on our financial statements for the years ended December 31, 2007 and 2008 did not contain an adverse opinion or a disclaimer of opinion and were not qualified or modified as to uncertainty, audit scope or accounting principles.




During the two years ended December 31, 2008 and the subsequent interim period through April 6, 2009, there were no (i) disagreements between Kesselman & Kesselman and us on any matter of accounting principles or practices, financial statement disclosure or auditing scope or procedures, which disagreements if not resolved to their satisfaction would have caused them to make reference to the subject matter of the disagreements in connection with its report or (ii) reportable events.




A letter from Kesselman & Kesselman is attached as Exhibit 15.2 to this Annual Report.




Prior to April 6, 2009, the date on which Brightman Almagor Zohar & Co. was appointed:




·
we did not consult with Brightman Almagor Zohar & Co. regarding either the application of accounting principles to a specified transaction, either completed or proposed, or the type of audit opinion that might be rendered on our financial statements;




·
neither a written report nor oral advice was provided to us by Brightman Almagor Zohar & Co. that they concluded was an important factor considered by us in reaching a decision as to the accounting, auditing or financial reporting issue; and




·
we did not consult Brightman Almagor Zohar & Co. regarding any matter that was either the subject of a disagreement or a reportable event.




2
I 

111TH CONGRESS 

2D SESSION H. R. 5872 

To provide adequate commitment authority for fiscal year 2010 for guaranteed loans that are obligations of the General and Special Risk Insurance 

Funds of the Department of Housing and Urban Development. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 27, 2010 

Mr. FRANK of Massachusetts introduced the following bill; which was referred 

to the Committee on Financial Services 

A BILL 

To provide adequate commitment authority for fiscal year 

2010 for guaranteed loans that are obligations of the 

General and Special Risk Insurance Funds of the Department of Housing and Urban Development. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘General and Special 

5 Risk Insurance Funds Availability Act of 2010’’. 

6 SEC. 2. ADEQUATE COMMITMENT AUTHORITY. 

7 Notwithstanding any other provision of law, for fiscal 

8 year 2010 the Secretary of Housing and Urban DevelopVerDate Mar 15 2010 04:34 Jul 28, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5872.IH H5872

tjames on DSKG8SOYB1PROD with BILLS
2 

•HR 5872 IH

1 ment may enter into commitments to guarantee loans, as 

2 authorized by sections 238 and 519 of the National Hous3 ing Act (12 U.S.C. 1715z–3 and 1735c), in an amount 

4 not exceeding $20,000,000,000 in total loan principal, any 

5 part of which is to be guaranteed. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS
ex10-58.htm


Exhibit 10 (58)


 


AMENDMENT TO BUSINESS RELATIONS AGREEMENT


 


THIS AMENDMENT TO BUSINESS RELATIONS AGREEMENT, dated as of February 9, 2010 by and between American Biltrite Inc., a Delaware corporation (“ABI”) and Congoleum Corporation, a Delaware corporation (“Congoleum”);


 


WITNESSETH:


 


THAT WHEREAS, ABI and Congoleum are parties to a Business Relations Agreement, dated as of March 11, 1993 (the “Business Relations Agreement”), as amended August 9, 1997, and as renewed annually through March 11, 2008, and as amended March 11, 2008,  September 23, 2008 and June 17, 2009, pursuant to which Congoleum granted to ABI the exclusive right and license (except as to Congoleum itself) to distribute Congoleum’s vinyl, vinyl composition and other floor tile in Canada, subject to certain terms and conditions set forth in the Business Relations Agreement, as amended;


 


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


 



	
  

	
1.

	
Extension of Term.  The term of the Business Relations Agreement is renewed until the earlier of (a) the effective date of a plan of reorganization for Congoleum Corporation, et al., following a final order of confirmation, or (b) June 30, 2010.







 



	
  

	
2.

	
Ratification.  Each of ABI and Congoleum hereby ratifies and confirms all of the terms and provisions of the Business Relations Agreement, as amended hereby.







 



	
  

	
3.

	
Counterparts.  This Amendment to Business Relations Agreement may be executed in one or more counterparts, each of which shall be an original but all of which shall collectively constitute a single instrument.







 


IN WITNESS WHEREOF, the parties hereto have executed and delivered this Amendment to Business Relations Agreement as of the date first above written.


 



	  	
AMERICAN BILTRITE INC.


 


	 	 
	  	
By:


 


	  	
/s/Richard G. Marcus____________


 


	  	
Name:  Richard G. Marcus


Title:    President


 


	  	  
	  	
CONGOLEUM CORPORATION


 


	 	 
	  	
By:


 


	  	
/s/Roger S.Marcus______________


 


	  	
Name:  Roger S. Marcus


Title:    Chief Executive Officer