alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
CLD
- 274 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

___________ No. 15

- 2692

___________ IN RE: ABRAHAM NEE NTREH, Petitioner

____________________________________ On a Petition for Writ of Mandamus from the District Court of the Virgin Islands (Related to D.V.I. Crim. No. 1

- 02

- cr - 00007

- 001 )

____________________________________ Submitted Pursuant to Rule 21, Fed. R. App. P.

July 23, 2015 Before: FUENTES, GREENAWAY, JR. and VANASKIE, Circuit Judges

(Opinion filed : August 19, 2015 )

____ _____ OPINION *

_________ PER CURIAM Abraham Nee Ntreh, proceeding pro se , petitions for a writ of mandamus compelling the District Court of the Virgin Islands to adjudicate his petition for a writ of error coram nobis. W e will d ismiss the mandamus peti tion as moot

.

* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent.2

Ntreh, a Ghanian national, was convicted in 2003 of unlawful reentry into the United States, and of making false statements to a United States official. Ntreh was sentenced to 14 months in prison and later removed from the United States. We affirmed Ntreh’s conviction, vacated his sentence in light of United States v. Booker , 543 U.S. 220 (2005), and remanded for resentencing. United States v. Ntreh , 142 F. App’x 106 (3d Cir. 2005) (non

- precedential). After Ntreh was resentenced, we aff irmed the District
Court ’s denial of his motion to dismiss the indictment. United States v. Ntreh , 546 F. App’x 105 (3d Cir. 2014) (non

- precedential). On May 27, 2014, Ntreh filed a petition for a writ of error coram nobis in District Court claiming inef

fective assistance of counsel. On December 31, 2014, Ntreh filed a mandamus petition in this Court asking us to compel the District Court to rule on his petition. We denied the petition without prejudice to refiling in the event the District Court did no t act on the petition within a reasonable time. We noted that the docket reflected that a recusal order had been entered and that the case had recently been reassigned to another District Judge. See C.A. No. 14

- 4841. On July 1 4 , 2015, Ntreh filed the present mandamus petition renewing his request that we compel the District Court to rule on his petition for a writ of error coram nobis

. The District Court docket reflects that the District Court adjudicated Ntreh’s petition on July 17, 2015. Ntreh’s re quest for mandamus relief is thus moot. Accordingly, we will dismiss the petition for a writ of mandamus.
STATE of North Carolina v. Breyon Deandra MIDDLEBROOKS.

No. 669P05.

Supreme Court of North Carolina.

January 26, 2006.

Constance E. Widenhouse, Assistant Appellate Defender, for Breyon DeAndra Middlebrooks.

Buren Shields, III, Special Deputy Attorney General, William C. Young, District Attorney, for State of NC.

*ORDER*

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant on the 6th day of December 2005 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional *281question filed by the Attorney General, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

"Allowed by order of the Court in conference, this the 26th day of January 2006."

Upon consideration of the petition filed on the 6th day of December 2005 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 26th day of January 2006."
**Exhibit32.2**

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350 ADOPTEDPURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

Certification of CFO

In connection with theQuarterly Report of KH Funding Company (the “Company”) on Form 10-QSB for theperiod ended March 31, 2007 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, William M. Baker, ChiefExecutive Officer of the Company, certify, pursuant to Section 18 U.S.C. 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

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

(2)           The information contained in theReport fairly presents, in all material respects, the financial condition andresults of operation of the Company.
| Dated: May 22, 2007 |   | /s/ William M. Baker    |
|---------------------|--------|-------------------------|
|                |   | William M. Baker        |
|                |   | Chief Financial Officer |

 

A signed original of this written statement required by Section 906, orother document authenticating, acknowledging, or otherwise adopting thesignature that appears in typed form within the electronic version of thiswritten statement required by Section 906, has been provided to the Company andwill be retained by the Company and furnished to the Securities and ExchangeCommission or its staff upon request.

This certificationaccompanies this Report on Form 10-QSB pursuant to Section 906 of theSarbanes-Oxley Act of 2002 and shall not, except to the extent required by suchAct, be deemed filed by the Company for purposes of Section 18 of theSecurities Exchange Act of 1934, as amended (the “Exchange Act”). Suchcertification will not be deemed to be incorporated by reference into anyfiling under the Securities Act of 1933, as amended, or the Exchange Act,except to the extent that the Company specifically incorporates it byreference.

----
<PAGE>

                                                                    EXHIBIT 10.8

                              TERMINATION AGREEMENT

The undersigned agree that the Management Agreement dated July 30, 2004, between
National Patent Development Corporation ("NPDC") and GP Strategies Corporation
("GP"), pursuant to which it was contemplated NPDC would provide certain
services to GP, is hereby terminated effective June 30, 2005.

NPDC and GP further agree that all amounts owed for Services rendered by NPDC to
GP under the Management Agreement have been paid as of the date hereof, and that
NPDC is not obligated to provide any Services after June 30, 2005.

Any representations, warranties or covenants which by their terms were intended
to survive the termination or expiration of the Management Agreement shall so
survive to the extent, intended therein. Capitalized terms in this Termination
Agreement that are defined in the Management Agreement shall have the meanings
ascribed to them in the Management Agreement.

IN WITNESS WHEREOF, GP and NPDC have caused this Termination Agreement to be
executed by their authorized representatives as of July 1, 2005, intending to be
legally bound.

GP Strategies Corporation                National Patent Development Corporation

By: _______________________________      By: ___________________________________
    Title:                                   Title:
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     (Replace this text with the legend)
</LEGEND>
<CIK>                        0001020424
<NAME>                        WIRELESS CABLE & COMMUNICATIONS, INC.
<MULTIPLIER>                                  1
<CURRENCY>                                U.S.DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                         DEC-31-1997
<PERIOD-START>                            JAN-01-1997
<PERIOD-END>                              DEC-31-1997
<EXCHANGE-RATE>                                1.0
<CASH>                                       6,171,515
<SECURITIES>                                         0
<RECEIVABLES>                                    9,754
<ALLOWANCES>                                         0
<INVENTORY>                                     32,074
<CURRENT-ASSETS>                             6,455,282
<PP&E>                                         507,164
<DEPRECIATION>                                 (85,220)
<TOTAL-ASSETS>                              17,489,106
<CURRENT-LIABILITIES>                        1,961,413
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     32,932
<COMMON>                                        61,081
<OTHER-SE>                                  14,284,953
<TOTAL-LIABILITY-AND-EQUITY>                17,489,106
<SALES>                                         40,186
<TOTAL-REVENUES>                                40,186
<CGS>                                          165,048
<TOTAL-COSTS>                                3,791,607
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             807,203
<INCOME-PRETAX>                              (4,594,294)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (4,594,294)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (4,594,294)
<EPS-PRIMARY>                                    (0.16)
<EPS-DILUTED>                                    (0.16)
        


</TABLE>
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 June 5, 2013

h0529

Order 

Clerk

June 5, 2013

145783

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 145783

COA: 310518

Wayne CC: 12-000948-01-FC

CHARLES DAMON JONES,

Defendant-Appellant.

____________________________________/

On order of the Court, the application for leave to appeal the August 13, 2012 

order of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court.

CAVANAGH, J., would grant leave to appeal.
EXHIBIT 15


                   AWARENESS LETTER OF INDEPENDENT ACCOUNTANTS



MidAmerican Energy Company
Des Moines, Iowa

We have made a review, in accordance with standards  established by the American
Institute of Certified Public Accountants, of the unaudited consolidated interim
financial  information of MidAmerican  Energy Company and  subsidiaries  for the
three-month  and  nine-month  periods  ended  September  30,  2000 and 1999,  as
indicated  in our report dated  October 27, 2000;  because we did not perform an
audit, we expressed no opinion on that information.

We are aware  that our  report  referred  to above,  which is  included  in your
Quarterly  Report on Form 10-Q for the quarter  ended  September  30,  2000,  is
incorporated  by reference in  Registration  Statements  No.  333-15387  and No.
333-40766 on Form S-3.

We also are aware that the aforementioned report,  pursuant to Rule 436(c) under
the Securities Act of 1933, is not considered  part of a Registration  Statement
prepared or certified by an accountant  or a report  prepared or certified by an
accountant within the meaning of Sections 7 and 11 of that Act.




DELOITTE & TOUCHE LLP

Des Moines, Iowa
November 9, 2000
# Official Journal C 278/2019

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 278 |
| | |
| English edition | Information and Notices | Volume 6216 August 2019 |

ISSN 1977-091X

Official Journal

of the European Union

C 278

English edition

Information and Notices

Volume 6216 August 2019

---

| Contents | page |
| --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2019/C 278/01 | European Union schedule of specific commitments annexed to the General Agreement on Trade in Services (GATS) | 1 |

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2019/C 278/01

European Union schedule of specific commitments annexed to the General Agreement on Trade in Services (GATS)

1

---

| EN | |
| --- | --- |

EN
Exhibit
10.9


 


Resolution

of the

Board of Directors

of

City National Corporation


 


WHEREAS,
the Corporation has previously adopted the City National Corporation Amended
and Restated 2002 Omnibus Plan (the “Plan”) and the Plan was approved by the
shareholders of the Corporation on April 28, 2004;


 


WHEREAS,
the Board has been advised that section 409A of the Internal Revenue Code,
enacted as part of the American Jobs Creation Act of 2004, prohibits the grant
of discounted stock options;


 


WHEREAS,
the purpose of the First Amendment to the Plan is to conform the Plan to the
requirements of Section 409A of the Internal Revenue Code;


 


WHEREAS,
the Board is authorized to amend the Plan pursuant to Section 6.6(a) thereof;


 


WHEREAS,
the Compensation, Nominating & Governance Committee (the “Committee”) has
recommended approval by the Board of the First Amendment to the Plan to eliminate
any grant or award of equity compensation to Non-Employee Directors;


 


NOW,
THEREFORE BE IT RESOLVED, pursuant to Section 6.6(a) of the Plan, the Plan is
hereby amended, as provided in the attached Exhibit A, to eliminate the grant of
equity compensation under the Plan to Non-Employee Directors.


 


RESOLVED FURTHER, Provisions of
the Plan not specifically amended by these Resolutions shall remain in full
force and effect.


 


RESOLVED FURTHER, All
capitalized terms which are used herein shall have the same definitions which
are contained in the Plan, unless otherwise defined herein.


 





















 


EXHIBIT
A


 


1.  Section
1.1, Purpose, of the Plan is amended by
deleting “, and to motivate and reward Non-Employee Directors with grants of Director
Stock Options”.


 


2.  Section
1.2, Definitions, of the Plan is amended by
deleting subsections (n) and (aa) and replacing them with the following:


 


(n)     Reserved


 


(aa)   “Participant” shall mean an Eligible Employee
who has been granted an Award under this Plan.


 


3. Section 1.4, Participation,  of the Plan is amended by deleting the final
sentence of such section:


 


“Non-Employee Directors
shall be eligible to receive Awards under this Plan only as specified in
Section 2.8 .”


 


4.  Section
1.5(a), Shares Available for Awards, Number of
Shares, of the Plan is amended by:


 


(a) deleting, in the first
sentence, “and grants of Director Stock Options to Non-Employee Directors”.


 


5.  Section
1.5(d), Shares Available for Awards, Reissue of Awards, of the Plan is amended by deleting the last sentence of such subsection and
replacing it with the following:


 


Only Shares which were
originally awarded as Director Stock Options or Restricted Stock may be
reissued as Restricted Stock.


 


6.  Section
2.8.,  Special
Requirements for Director Stock Options, of the Plan is amended by
deleting the section in its entirety and replacing it with the following:


 


Section 2.8.,  Reserved.
PAYNE v. CHARLOTTE HEATING & AIR et al.

No. 526A05.

Supreme Court of North Carolina.

May 4, 2006.

M. Reid Acree, Jr., K. Edward Greene, Kathleen A. Naggs, Raleigh, Mona Lisa Wallace, Richard Huffman, Salisbury, for Payne.

Sean M. Phelan, Charlotte, for Charlotte Heating & Air.

The following order has been entered on the motion filed on the 21st day of October 2005 by Defendants (Ross and Witner, Inc. and Travelers Ins. Co.) to Amend Notice of Appeal:

*489"Motion Dismissed as Moot by order of the Court in conference this the 4th day of May 2006."
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 23-0023

STATE OF MONTANA, 

Plaintiff and Appellee, 

v. 

MARK FOLLWEILER,

Defendant and Appellant.

GRANT

Pursuant to authority granted under Mont. R. App. P. 26(1), the 

Appellant is given an extension of time until April 26, 2023, to prepare, 

file, and serve the Appellant’s opening brief.

Electronically signed by:

Bowen Greenwood

Clerk of the Supreme Court

March 20 2023

03/20/2023

Case Number: DA 23-0023
THE NORTH CAROLINA STATE BAR v. K.E. Krispen CULBERTSON, Attorney.

No. 244P06.

Supreme Court of North Carolina.

June 29, 2006.

K.E. Krispen Culbertson, Pro Se.

David R. Johnson, Deputy Counsel, for NC State Bar.

*ORDER*

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant on the 8th day of May 2006 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the Plaintiff, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

"Allowed by order of the Court in conference, this the 29th day of June 2006."

Upon consideration of the petition filed on the 8th day of May 2006 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 29th day of June 2006."
10-Q Exhibit 32.1: Certifications 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 iShares COMEX Gold Trust (the Trust) on Form 10-Q for the quarter
ended September 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Lee Kranefuss, Chief Executive Officer of Barclays Global Investors International, Inc., the Sponsor of the Trust,
certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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, 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 Trust at the dates and for the periods indicated.



|                             
|-----------------------------
|Date: November 7, 2007       
|                             
|/s/ LEE T. KRANEFUSS         
|Lee T. Kranefuss *           
|Chief Executive Officer      
|(Principal executive officer)



|* | The Registrant is a trust and Mr. Kranefuss is signing in his capacity as an officer of Barclays Global Investors International, Inc., the Sponsor of the Registrant.
|- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------
IN THE SUPREME COURT OF THE STATE OF MONTANA 

AF 06-0185 

IN THE MATTER OF DESIGNATING A 

TEMPORARY SUBSTITUTE JUDGE TO SERVE 

ON THE SENTENCE REVIEW DIVISION 

FILED 

SEP 21 2021 

Bowen Greenwood 

Clerk of Supreme Court 

State of Montana 

ORDER 

The Sentence Review Division has scheduled hearings via Zoom videoconference 

on Friday, September 24, 2021. The Honorable Luke Berger, a member thereof, is unable 

to participate. The Honorable John Warner, appointed substitute judge for the Sentence 

Review Division, is also not able to attend. 

Section 46-18-902, MCA, authorizes the Chief Justice of the Montana Supreme 

Court to appoint the members of the Sentence Review Division and a substitute judge when 

necessary. The Honorable Michael B. Hayworth is available and willing to participate in 

the hearings. 

Therefore, 

IT IS HEREBY ORDERED that the Honorable Michael B. Hayworth of the 

Sixteenth Judicial District is appointed to act in place of the Honorable Luke Berger at the 

Sentence Review Division hearings on September 24, 2021. 

The Clerk is directed to provide a copy of this Order to Shelly Smith, Office 

Administrator for the Sentence Review Division, to the Honorable Michael B. Hayworth, 

and to the members of the Sentence Review Division. 

DATED this ql; of September, 2021. 

For the Court, 

Chief Justice 

09/21/2021

Case Number: AF 06-0185
# L_2013077EN.01002401.xml

| 20.3.2013 | EN | Official Journal of the European Union | L 77/24 |
| --- | --- | --- | --- |

20.3.2013

EN

Official Journal of the European Union

L 77/24

---

COUNCIL DECISION

of 18 March 2013

appointing a Spanish member and three Spanish alternate members of the Committee of the Regions

(2013/141/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,

Having regard to the proposals of the Spanish Government,

Whereas:

| (1) | On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015. |
| --- | --- |

(1)

On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

| (2) | A member’s seat has become vacant following the end of the term of office of Mr Francisco Javier LÓPEZ ÁLVAREZ. Three alternate members’ seats have become vacant following the end of the terms of office of Mr Guillermo ECHENIQUE GONZÁLEZ, Mr Senén FLORENSA I PALAU and Ms Elvira SAINT-GERONS HERRERA, |
| --- | --- |

(2)

A member’s seat has become vacant following the end of the term of office of Mr Francisco Javier LÓPEZ ÁLVAREZ. Three alternate members’ seats have become vacant following the end of the terms of office of Mr Guillermo ECHENIQUE GONZÁLEZ, Mr Senén FLORENSA I PALAU and Ms Elvira SAINT-GERONS HERRERA,

HAS ADOPTED THIS DECISION:

Article 1

The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

| (a) | as member:






  — | Mr Iñigo URKULLU RENTERIA, Presidente del Gobierno Vasco; |
| --- | --- | --- |

(a)

as member:

—

Mr Iñigo URKULLU RENTERIA, Presidente del Gobierno Vasco;

and

| (b) | as alternate members:






  — | Ms María Ángeles ELORZA ZUBIRÍA, Secretaria General de Acción Exterior del Gobierno Vasco, |
| --- | --- | --- |

(b)

as alternate members:

—

Ms María Ángeles ELORZA ZUBIRÍA, Secretaria General de Acción Exterior del Gobierno Vasco,

| — | Mr Roger ALBINYANA I SAIGÍ, Secretario de Asuntos Exteriores, Generalitat de Cataluña, |
| --- | --- |

—

Mr Roger ALBINYANA I SAIGÍ, Secretario de Asuntos Exteriores, Generalitat de Cataluña,

| — | Ms María Sol CALZADO GARCÍA, Secretaria General de Acción Exterior de la Junta de Andalucía. |
| --- | --- |

—

Ms María Sol CALZADO GARCÍA, Secretaria General de Acción Exterior de la Junta de Andalucía.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 18 March 2013.

For the Council

The President

S. COVENEY

---

(1)  
  OJ L 348, 29.12.2009, p. 22.

1

(2)  
  OJ L 12, 19.1.2010, p. 11.

2

---