alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Joshua Allen BAUSCH, petitioner, v. SOUTH DAKOTA.

No. 16-9081.

Supreme Court of the United States

Oct. 2, 2017.

Petition for writ of certiorari to the Supreme Court of South Dakota denied.
```
 
 
VIX FUTURES - CBOE FUTURES EXCHANGE                                  Code-1170E1
FUTURES ONLY POSITIONS AS OF 08/03/10                         |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  LONG  | SHORT  |SPREADS |  LONG  | SHORT  |  LONG  | SHORT  |  LONG  | SHORT
--------------------------------------------------------------------------------
($1000 X INDEX)                                      OPEN INTEREST:       93,493
COMMITMENTS
     519   13,871    2,024   77,935   63,560   80,478   79,455   13,015   14,038

CHANGES FROM 07/27/10 (CHANGE IN OPEN INTEREST:      8,667)
    -892    1,097      399    7,942    5,344    7,449    6,840    1,218    1,827

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADERS
     0.6     14.8      2.2     83.4     68.0     86.1     85.0     13.9     15.0

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:       42)
       2       13        7       20       23       29       36
```

----

Updated August 6, 2010
---

Exhibit 99.8

CERTIFICATION PURSUANT TO 18 U.S.C. §1350, AS ADOPTED
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the annual report of Gammon Gold Inc. (the
Company) on Form 40-F for the period ended December 31, 2010 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Rene
Marion, Chief Executive Officer of the Company, 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 my knowledge:

(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 this
Report fairly presents, in all material respects, the financial condition and
results of operations of the Company.

|March 23, 2011 | /s/ Rene
      Marion  
|-------------- | -----------------------
|               | Rene Marion            
|               | Chief Executive Officer

A signed original of this written statement required by Section
906 has been provided to Gammon Gold Inc. and will be retained by Gammon Gold
Inc. and furnished to the Securities and Exchange Commission or its staff upon
request.

---

CERTIFICATION PURSUANT TO 18 U.S.C. §1350, AS ADOPTED
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the annual report of Gammon Gold Inc. (the
Company) on Form 40-F for the period ended December 31, 2010 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Scott
Perry, Chief Financial Officer of the Company, 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 my knowledge:

(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 this
Report fairly presents, in all material respects, the financial condition and
results of operations of the Company.

|March 23, 2011 | /s/ Scott
      Perry  
|-------------- | -----------------------
|               | Scott Perry            
|               | Chief Financial Officer

A signed original of this written statement required by Section
906 has been provided to Gammon Gold Inc. and will be retained by Gammon Gold
Inc. and furnished to the Securities and Exchange Commission or its staff upon
request.

---
AMENDMENT NO. 1 TO MEMORANDUM OF UNDERSTANDING


THIS AGREEMENT,  made and entered into as of the 1st day of July, 2005,  between
Applebee's  International,  Inc.,  a Delaware  Corporation  ("Company")  and Lou
Kaucic ("Employee").

WHEREAS,  the  Company and the  Executive  have  entered  into a  Memorandum  of
Understanding dated July 1, 2005;

WHEREAS, the parties mutually desire to amend the Memorandum of Understanding;

NOW,  THEREFORE,  in consideration of these premises and other good and valuable
consideration, the parties agree as follows:

         1.   Section (1) of Paragraph  2(a) of the Memorandum of  Understanding
is hereby deleted and the following is substituted in lieu thereof: "(1) work on
average three (3) days per week in Kansas City at the direction of the Company's
Chief Executive  Officer.  Employee's travel to and from Kansas City shall be at
the Company's expense."

         2.   Section (6) of Paragraph  2(a) of the Memorandum of  Understanding
is  hereby deleted and  the following is  substituted in  lieu  thereof: (6)  be
eligible to  receive a stock  option  grant  of 10,000  shares  (which  will  be
adjusted  for any stock  splits  or  stock  dividends) in  January  2006  and be
eligible to receive equity grants  commensurate with the CPO position, including
for  2006 (any  equity  grants in 2004,  2005 and  2006 will  provide  continued
vesting after retirement)."

         3.   A  new  Section  (7) of  Paragraph   2(a)  of  the  Memorandum  of
Understanding  is hereby  added as  follows:  "(7) be eligible to carry over all
unused 2005  vacation into 2006 and be eligible to  participate  in the Flexperx
Plan during 2006."

         In witness  whereof,  the parties have executed  this  Amendment to the
Memorandum of Understanding as of the day and year written above.




APPLEBEE'S INTERNATIONAL, INC.         EMPLOYEE


                                       By: /s/ Lou Kaucic
                                          --------------------------------------
                                       Lou Kaucic
Exhibit 32.2



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 on Form 10-K of TransDigm Holding
Company (the Company) for the fiscal year ended September 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Gregory Rufus, Executive Vice President, Chief Financial Officer
and Assistant Secretary (Principal Financial and Accounting Officer) certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



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



|2. | The information contained in the Report fairly presents in all material respects, the financial condition of the Company as of the dates indicated and results of operations of the
Company for the periods indicated.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



Date: November 29, 2005



/s/    GREGORY RUFUSName:

Gregory RufusTitle:

Executive Vice President, Chief Financial Officer and Assistant Secretary (Principal Financial and Accounting
Officer)
<PAGE>
                                                                   Exhibit 10.16

                                     SOFINOV
                               SOCIETE FINANCIERE
                                  D'INNOVATION

              FILIALE DE LA CAISSE DE DEPOT ET PLACEMENT DU QUEBEC
--------------------------------------------------------------------------------

May 24, 1999

Mr. H. Frank Gibbard, CEO
H Power Corp.
60 Montgomery Street
Belleville, New Jersey 07109
USA

Dear Mr. Gibbard:

Sofinov has made loans and hereby offers to continue to lend to H Power Corp.
(the "Corporation") (the "Advance" or "Advances") up to US $5,000,000.00,
subject to the following terms and conditions:

1. The aggregate of all Advances to be made pursuant hereto shall not exceed US
$5,000,000.00.

2. Any Advance may be made by Sofinov upon written request by the Corporation,
which Advance shall be made at the sole and entire discretion of Sofinov.

3. Any Advance must be for at least US $150,000.00.

4. Each Advance shall bear interest at the rate of 8% per annum, calculated and
compounded monthly, both before and after default, and shall be payable on
demand.

5. Each Advance shall be evidenced by a promissory note payable on demand.

6. At any time prior to December 31, 1999 or the completion of an Initial Public
Offering, whichever the sooner, Sofinov shall be entitled to convert all or any
portion of the outstanding balance of the Advances and interest thereon into
common shares of the Corporation at a conversion rate of US $12.50 per common
share.

<PAGE>

7. If Sofinov exercises its election to convert, then in the event the
outstanding balance of Advances and interest thereon is less than US
$5,000,000.00 Sofinov shall be entitled to purchase additional shares of the
Corporation at US $12.50 per common share to bring Sofinov's purchase up to US
$5,000,000.00 during the period mentioned in paragraph 6 hereinabove.


                                      -2-
<PAGE>

Kindly please indicate your acceptance of the foregoing by signing below.

Yours Truly,

SOFINOV SOCIETE FINANCIERE D'INNOVATION INC.

Per: /s/ Denis Dionne
     -----------------------------

Per: /s/ Marcel Paquette
     -----------------------------


Accepted May 25, 1999

H POWER CORP.

Per: /s/ H. Frank Gibbard
     -----------------------------

                                      -3-
James WILLIAMS, Jr., petitioner, v. MARYLAND.

No. 17-6471.

Supreme Court of the United States

Jan. 8, 2018.

Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.
A00A0642.

#### HANCOCK v. THE STATE.

(534 SE2d 870)

Decided May 19, 2000.

Kenneth A. Hancock, *pro se.*

*Tambra P. Colston, District Attorney,*for appellee.

Miller, Judge.

Kenneth Hancock was tried by a jury for the offenses of criminal trespass (two counts) and battery. He was acquitted of criminal trespass (unauthorized remaining upon land) and battery but was convicted of criminal trespass (unauthorized entry upon land). For this misdemeanor offense, Hancock was sentenced to 12 months probation. He appeals on the ground that the court failed to consider certain conflicting evidence at trial.

Hancock failed to have the misdemeanor trial transcribed and failed to construct a record of the trial, which was his obligation if he desired to show he preserved his objections at trial.1 “It cannot be presumed from a silent or non-existent transcript of a hearing below that a proper objection was interposed, and hence we must conclude that these enumerations are waived.”2 As nothing in the pretrial filings reflects an objection by Hancock or a ruling by the court on this matter, . Hancock is precluded from raising the evidentiary issue on appeal.3

*Judgment affirmed.*

*Pope, P. J., and Smith, P. J., concur.*

1

*Holder v. State,*239 Ga. App. 821 (522 SE2d 59) (1999); see also *Ward v. State,*188 Ga. App. 372, 374 (3) (373 SE2d 65) (1988).

2

 (Citation and punctuation omitted.) *Holder,*supra,239 Ga. App. at 821, applying *Boles v. Lee,*270 Ga. 454, 455 (1) (511 SE2d 177) (1999).

3

*Holder,*supra,239 Ga. App. at 821.
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4299 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 4299

  To reauthorize through 2024 the National Geological and Geophysical 
                 Data Preservation Program Act of 2005.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 12, 2019

Ms. Velazquez (for herself, Mr. Lamborn, Mr. Tonko, and Mr. Lowenthal) 
 introduced the following bill; which was referred to the Committee on 
                           Natural Resources

_______________________________________________________________________

                                 A BILL

 
  To reauthorize through 2024 the National Geological and Geophysical 
                 Data Preservation Program Act of 2005.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Data Preservation Act of 2019''.

SEC. 2. REAUTHORIZATION OF NATIONAL GEOLOGICAL AND GEOPHYSICAL DATA 
              PRESERVATION PROGRAM ACT OF 2005.

    Subsection (k) of the National Geological and Geophysical Data 
Preservation Program Act of 2005 (42 U.S.C. 15908(k)) is amended by 
striking ``2006 through 2010'' and inserting ``2020 through 2024''.
                                 <all>
```
Exhibit 4.11

                          Winterstone Management, Inc.
                              10911 Petal Street
                                  Suite 105
                             Dallas, Texas 75238
                                (214) 503-0146
                              Fax (214) 503-8607



 October 15, 1999



 Mr. Ed Stefanko
 Performance Interconnect Corp.
 10501 FM 720 East
 Frisco, TX 75035

 Dear Mr. Stefanko:

 The purpose of this letter is  to memorialize our agreement with respect  to
 certain financial arrangements provided through our firm.

 From July 1, 1999 to October  15, 1999 our firm  has ranged net  advances to
 Performance Interconnect Corp  ("PLC") of $838,682.46.   As  of October  15,
 1999, the accrued  interest on these  advances  is  $22,295.42, bringing the
 balance due to $860,977.88.

 You agree to pay this balance as follows:

 1.   Assumption  of full liability  for all payments  on a  note payable  by
      Winterstone  Management  Inc.  ("WMI")  to  Zion  Capital  Inc.   dated
      September 30,  1999 in the original  principal balance of  $250,000.00.
      The assumption  of this note shall  be credited against $241,500.00  of
      the advances, reflecting the loan costs of $8,500.00 paid by WMI.

 2.   The balance of the advances shall be paid by delivery and payment of  a
      promissory note from PLC to Nations Investment Corp Ltd. in the  amount
      of $619,477.88.

<PAGE>

 Mr. Ed Stefanko
 October 18, 1999

 Page 2




 In addition, the $555,867.00  note dated June 30,  1999 payable to WMI  from
 PLC  has also been assigned to Nations Investment Corp.  A replacement  note
 must be signed.

 Please evidence your agreement below.


 Sincerely,


 /s/
 D. Ronald Allen


 AGREED AND ACCEPTED:
 Perfomance Interconnect Corp.

 /s/
 ----------------------
 Ed Stefanko, President
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 16**  **- 6662** 

UNITED STATES OF AMERICA , Plaintiff

– Appellee ,
v. ANTONIO LENARD BUEY , Defendant

- Appellant
.

Appeal from the United States District Court for the Middle District of North Carolina , at Greensboro
. N. Carlton Tilley, Jr., Senior District Judge. ( 1:10

- cr - 00062

- NCT

- 1; 1:14

- cv 00142

- NCT

- JEP )

Submitted : January 31, 2017 Decided: February 6, 2017

Before MOTZ and KING , Circuit Judges, and DAVIS, Senior Circuit Judge.

Dismissed by un published per curiam opinion
. Antonio Lenard Buey, Appellant Pro Se. Angela Hewlett Miller, Assistant United States Attorney, Randall Stuart Galyon, OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Antonio Lenard Buey seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2255 (2012) 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) (2012)
. 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) (2012)
. When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debat able 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 Buey has not made the requisite showing. Accordingly, we deny a
cert ificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal3 contentions are adequately presented in the materials before th is court and argument would not aid the decisional process.

DISMISSED
In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-1545V

UNPUBLISHED

MEI H. LI,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: July 7, 2020

Special Processing Unit (SPU);

Ruling on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Guillain-Barre Syndrome (GBS)

Timothy James Lessman, Knutson & Casey Law Firm, Mankato, MN, for petitioner.

Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

On October 3, 2019, Mei Li filed a petition for compensation under the National 

Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

2

(the “Vaccine 

Act”). Petitioner alleges that she was diagnosed with Guillain-Barre Syndrome (GBS)

as a result of her October 17, 2016 influenza vaccination. Petition at 1. The case was 

assigned to the Special Processing Unit of the Office of Special Masters.

On July 1, 2020, Respondent filed his Rule 4(c) report in which he concedes that 

Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. 

Specifically, Respondent determined that “[P]etitioner suffered the Table injury of GBS 

following a flu vaccine within the Table time period, and that there is not a 

 

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am 

required to post it on the United States Court of Federal Claims' website in accordance with the 

E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of 

Electronic Government Services). This means the ruling will be available to anyone with access to 

the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to 

redact medical or other information, the disclosure of which would constitute an unwarranted invasion of 

privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such 

material from public access. 

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for 

ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. 

§ 300aa (2012).
2

preponderance of the medical evidence that [P]etitioner’s GBS was due to a factor 

unrelated to the vaccination.” Id. at 6. Respondent also determined that the claim 

“meets the statutory severity requirements because [P]etitioner experienced sequelae of 

her GBS for more than six months.” Therefore, Respondent concluded that “[P]etitioner 

has satisfied all legal prerequisites for compensation under the Act.” Id. Respondent 

further agrees that the scope of damages to be awarded is limited to Petitioner’s GBS 

and its related sequelae only. Id.

In view of Respondent’s position and the evidence of record, I find that 

Petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master
# L_2011140EN.01000101.xml

| 27.5.2011 | EN | Official Journal of the European Union | L 140/1 |
| --- | --- | --- | --- |

27.5.2011

EN

Official Journal of the European Union

L 140/1

---

Notice concerning the provisional application of the Agreement between the Kingdom of Norway and the European Union on a Norwegian Financial Mechanism for the period 2009-2014

The Agreement between the Kingdom of Norway and the European Union on a Norwegian Financial Mechanism for the period 2009-2014 (1), signed in Brussels on 28 July 2010, is provisionally applicable, by virtue of Article 9, third paragraph of the Agreement, since 1 January 2011.

1

---

(1)  
  OJ L 291, 9.11.2010, p. 10.

1

---
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000854709
<NAME> DAYTON SUPERIOR CORPORATION
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             MAR-29-1997
<PERIOD-END>                               JUN-27-1997
<EXCHANGE-RATE>                                      1
<CASH>                                             316
<SECURITIES>                                         0
<RECEIVABLES>                                   23,669
<ALLOWANCES>                                       447
<INVENTORY>                                     18,855
<CURRENT-ASSETS>                                44,713
<PP&E>                                          33,438
<DEPRECIATION>                                  14,957
<TOTAL-ASSETS>                                 123,069
<CURRENT-LIABILITIES>                           23,936
<BONDS>                                         38,395
<COMMON>                                        42,851
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                      13,593
<TOTAL-LIABILITY-AND-EQUITY>                   123,069
<SALES>                                         39,839
<TOTAL-REVENUES>                                39,839
<CGS>                                           26,906
<TOTAL-COSTS>                                   26,906
<OTHER-EXPENSES>                                 6,943
<LOSS-PROVISION>                                   (3)
<INTEREST-EXPENSE>                                 797
<INCOME-PRETAX>                                  5,193
<INCOME-TAX>                                     2,242
<INCOME-CONTINUING>                              2,951
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,951
<EPS-PRIMARY>                                     0.51
<EPS-DILUTED>                                     0.51
        

</TABLE>
EXHIBIT 23.1

***Consent of Independent Certified Public Accountants***

*** ***

International Fuel Technology, Inc. St. Louis, Missouri

We hereby consent to the incorporation by reference in the Registration Statements on Form S-8 (File Numbers 333-74596,  333-96261, and 333-98699) of our report dated January 23, 2004 relating to the financial statements of International Fuel Technology, Inc. appearing in the Company’s Annual Report on Form 10-K for the year ended December 31, 2003.  Our report contains an explanatory paragraph regarding the Company’s ability to continue as a going concern.

/s/ BDO SEIDMAN, LLP

Chicago, Illinois March 19, 2004