alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
STATE of North Carolina v. Richard Lane BRIGMAN.

No. 389P06.

Supreme Court of North Carolina.

October 5, 2006.

Mark Montgomery, Durham, for Brigman.

Anne M. Middleton, Assistant Attorney General, William D. Kenerly, 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 25th day of July 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 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 5th day of October 2006."

Upon consideration of the petition filed on the 25th day of July 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 5th day of October 2006."
<PAGE>

Exhibit 99.1

                            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 filing of the Quarterly Report of Stonehaven Realty Trust
(the "Company") on Form 10-QSB for the period ending March 31, 2003 (the
"Report") with the Securities and Exchange Commission, I, James C. Mastandrea,
Chief Executive Officer and I, John J. Dee, Chief Financial 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 result of operations of the
Company.



                                    STONEHAVEN REALTY TRUST
                                    By:        /s/ James C. Mastandrea
                                       -------------------------------------
Date: May 8, 2003                              James C. Mastandrea
                                             Chief Executive Officer


                                    STONEHAVEN REALTY TRUST
                                    By:        /s/ John J. Dee
                                       -------------------------------------
Date: May 8, 2003                               John J. Dee
                                          Chief Financial Officer
WALLEN v. SPORTS CENTER.

No. 595P05.

Supreme Court of North Carolina.

December 1, 2005.

Jerome P. Trehy, Jr., Raleigh, for Timothy Earl Wallen.

The following order has been entered on the motion filed on the 28th day of November 2005 by Defendants to Dismiss Petition for Discretionary Review:

"Motion Allowed by order of the Court in conference this the 1st day of December 2005."
EXHIBIT 10.27


SUMMARY OF DIRECTOR COMPENSATION PLAN


On May 31,
2005, the Board of Directors of Sonus Networks, Inc. (the “Company”)
approved a compensation program for non-employee directors. The cash
compensation for non-employee directors is set forth below:


·       $20,000
per year for serving as a board member with no committee assignments;


·       $23,750 per year for
serving as a board member, and on one committee other than the audit committee;


·       $27,500
per year for serving as a board member, and on the audit committee;


·       $27,500
per year for serving as a board member, and on two committees other than the
audit committee;


·       $31,250
per year for serving as a board member, and on the audit committee and one
other committee; or


·       $37,500
per year for serving as a board member, and as chairman of the audit committee.


Directors also are
eligible to be reimbursed for reasonable out-of pocket expenses incurred in
connection with attendance at board of director or committee meetings. Non-employee
directors receive equity compensation under the Company’s Amended and Restated
1997 Stock Incentive Plan as set forth below:


·       50,000
shares upon commencement of board service; and


·       20,000
shares annually thereafter.


Each option grant vests over a four-year period with
25% of the number of options vesting one year from the date of grant and
monthly thereafter at the rate of 2.0833% for each month of service completed
by the director.
EX-10.01






Exhibit 10.1




AMERIGAS PROPANE, INC.




EMPLOYMENT AGREEMENT




FOR




JERRY E. SHERIDAN




Effective August 15, 2005, Jerry E. Sheridan will become Vice President — Finance and Chief
Financial Officer of the Company. Mr. Sheridan has an oral agreement with the Company for “at will”
employment which includes the following:



Mr. Sheridan:



	 	 	 
	1.

	 	will be entitled to a one-time hiring bonus of $50,000, and an

annual base salary of $260,000;
	 
	 	 
	2.

	 	will participate in the Company’s annual bonus plan, with bonus

payable for fiscal year 2005 based on achievement of a financial

goal based on earnings per Common Unit;
	 
	 	 
	3.

	 	will participate in the Company’s long-term compensation plan,

the 2000 Long-Term Incentive Plan, with annual awards as

determined by the Compensation/Pension Committee, and UGI

Corporation’s 2004 Omnibus Equity Compensation Plan, with annual

awards as determined by the Compensation and Management

Development Committee;
	 
	 	 
	4.

	 	will receive cash benefits upon termination of his employment

without cause following a change of control of AmeriGas Partners

or UGI Corporation;
	 
	 	 
	5.

	 	will participate in the Company’s benefit plans, including the

Supplemental Executive Retirement Plan;
	 
	 	 
	6.

	 	is eligible for executive perquisites including financial

planning/tax preparation services, participation in the

executive health maintenance program and airline club

membership; and
	 
	 	 
	7.

	 	is required to sign a Confidentiality and Post-Employment

Activities Agreement.
STATE v. McCAULEY.

No. COA05-1579.

North Carolina Court of Appeals.

Filed October 3, 2006

Certification Date October 23, 2006.

Appeal from Mecklenburg (03CRS259826, 03CRS259827)

Case reported without published opinion. No prejudicial error.
**EXHIBIT32.1**

**CERTIFICATION**

I, Brian F. Lavin,President and Chief Executive Officer of NTS Realty Capital, Inc., the managinggeneral partner of NTS Realty Holdings Limited Partnership (the “Company”),certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C.Section 1350, that:

1.                                       Thequarterly report on Form 10-Q of the Company for the period ended June 30, 2006(the “Report”) fully complies with the requirements of Section 13(a) of theSecurities Exchange Act of 1934, as amended; and

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

Dated:             August 7, 2006
| /s/   Brian  F. Lavin                                                                                                               |   |
|-----------------------------------------------------------------------------------------------------------------------------------------------|--------|
| President and  Chief Executive Officer of  NTS Realty Capital, Inc., the Managing General Partner of  NTS Realty Holdings Limited Partnership |   |
|                                                                                                                                          |   |
|                                                                                                                                          |   |

A signed original of this written statement requiredby Section 906 has been provided to the Company and will be retained by theCompany and furnished to the Securities and Exchange Commission or its staffupon request.

----
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-87,017-01

EX PARTE DAMMOND DEFFERAL JOHNSON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. CR13-441A IN THE 235TH DISTRICT COURT

FROM COOKE COUNTY

Per curiam.

O R D E R

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated

robbery and sentenced to thirty-eight years’ imprisonment. The Second Court of Appeals affirmed

his conviction. Johnson v. State, No. 02-15-00101-CR (Tex. App. — Fort Worth, Aug. 25, 2016)

(not designated for publication).

Applicant contendsthat his appellate counsel rendered ineffective assistance because counsel

failed to timely notify Applicant that his conviction had been affirmed and failed to advise him of

his right to petition pro se for discretionary review.
2

Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington,

466 U.S. 668 (1984); Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997). In these

circumstances, additional facts are needed. Pursuant to Ex parte Rodriguez, 334 S.W.2d 294, 294

(Tex. Crim. App. 1960), the trial court is the appropriate forum for findings of fact. The trial court

shall order appellate counsel to respond to Applicant’s claim of ineffective assistance of counsel on

appeal. The trial court may use any means set out in TEX. CODE CRIM. PROC. art. 11.07, § 3(d).

If the trial court elects to hold a hearing, it shall determine whether Applicant is indigent. 

If Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an

attorney to represent Applicant at the hearing. TEX. CODE CRIM. PROC. art. 26.04.

The trial court shall make findings of fact and conclusions of law as to whether Applicant’s

appellate counsel timely informed Applicant that his conviction had been affirmed and that he has

a right to file a pro se petition for discretionary review. The trial court shall also make any other

findings of fact and conclusions of law that it deems relevant and appropriate to the disposition of

Applicant’s claim for habeas corpus relief.

This application will be held in abeyance until the trial court has resolved the fact issues. The

issues shall be resolved within 90 days of this order. A supplemental transcript containing all

affidavits and interrogatories or the transcription of the court reporter’s notes from any hearing or

deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall

be forwarded to this Court within 120 days of the date of this order. Any extensions of time must

be requested by the trial court and shall be obtained from this Court.

Filed: July 26, 2017

Do not publish
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5813 Considered and Passed House (CPH)]

110th CONGRESS
  2d Session
                                H. R. 5813

  To amend Public Law 110-196 to provide for a temporary extension of 
 programs authorized by the Farm Security and Rural Investment Act of 
                      2002 beyond April 18, 2008.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 16, 2008

  Mr. Peterson of Minnesota introduced the following bill; which was 
   referred to the Committee on Agriculture, and in addition to the 
     Committee on Foreign Affairs, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

                             April 16, 2008

The Committees on Agriculture and Foreign Affairs discharged; which was 
                         considered and passed

_______________________________________________________________________

                                 A BILL

 
  To amend Public Law 110-196 to provide for a temporary extension of 
 programs authorized by the Farm Security and Rural Investment Act of 
                      2002 beyond April 18, 2008.

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

SECTION 1. ADDITIONAL TEMPORARY EXTENSION OF AGRICULTURAL PROGRAMS AND 
              SUSPENSION OF PERMANENT PRICE SUPPORT AUTHORITIES.

    Effective as of April 18, 2008, section 1 of Public Law 110-196 
(122 Stat. 653) is amended--
            (1) in subsection (a), by striking ``the Secretary of 
        Agriculture shall carry out the authorities, until April 18, 
        2008'' and inserting ``the authorities shall be carried out, 
        until April 25, 2008''; and
            (2) in subsection (d), by striking ``April 18, 2008'' and 
        inserting ``April 25, 2008''.
                                 <all>
```
Exhibit 31.1

CERTIFICATION  PURSUANT TO EXCHANGE ACT RULES 13A-14(A) AND 15D-14(A),  AS ADOPTED PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I,
Andrew J. McKelvey, certify that:

(1)   I
have reviewed this annual report on Form 10-K of Monster Worldwide, Inc.;

(2)   Based
on my knowledge, this report 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 period covered by this report;

(3)   Based
on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material 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 officer 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 (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f))
for the registrant and have:



(5)   The
registrant's other certifying officer 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):



|Date: February 16, 2006 |  | By: | /s/ANDREW J. MCKELVEYAndrew J. McKelvey
Chief Executive Officer
|----------------------- |  | --- | ---------------------------------------------------------------

---



QuickLinks
STATE of North Carolina v. Ronald RANKIN.

No. 73P06.

Supreme Court of North Carolina.

April 6, 2006.

Ronald Rankin, Pro Se.

William P. Hart, Senior Deputy Attorney General, William D. Kenerly, District Attorney, for State of NC.

*ORDER*

Upon consideration of the petition filed by Defendant on the 7th day of February 2006 in this matter for a writ of certiorari to review the order of the Superior Court, Rowan County, the following order was entered and is hereby certified to the Superior Court of that County:

"Dismissed by order of the Court in conference, this the 6th day of April 2006."
exv10w5



 





Exhibit 10.5




Michael R. Douglas

2005 Executive Bonus Plan



For 2005, you will be eligible to receive a performance bonus based upon achievement of performance
objectives. Your bonus may be up to the following amounts:



Sixty Percent (60%) of your 2005 bonus award will be based on Corporate Financial Performance (as
outlined below). Forty Percent (40%) of your 2005 bonus award will be based on Individual
Performance Objectives (as outlined below). Your Target Bonus for 2005 is $325,000. Your Target
Bonus is your expected bonus amount assuming successful achievement of all of your performance
objectives. If you significantly exceed your performance objectives, you may receive a bonus in
excess of your Target Bonus, up to a maximum of 200% of your Target Bonus.




	 	 	 
	At Threshold Performance Level:

	 	0% of Target Bonus
	 
	 	 
	At Target Performance Level:

	 	100% of Target Bonus (60% for Corporate
Financial Performance; 40% for Individual
Performance)
	 
	 	 
	At Growth Performance Level:

	 	200% of Target Bonus (120% for Corporate
Financial Performance; 80% for Individual
Performance)





Achievement in between levels will be calculated according to a bonus formula described below.



Corporate Financial Performance Element



The Corporate Financial Performance element will be determined based on a financial matrix that
includes Cash Operating Income and Revenue components. For purposes of this Bonus Plan, “Cash
Operating Income” means Operating Income less non-cash charges and extraordinary, non-recurring
items, calculated before payment of executive bonuses. A copy of the matrix for your 2005 bonus,
as approved by the Compensation Committee, is being provided to you in connection with this Bonus
Plan.



Individual Performance Objectives



Your maximum potential bonus award for the Individual Performance element is 80% of your Target
Bonus (for extraordinary performance). Your expected bonus for the Individual Performance Element
is 40% of your Target Bonus (at acceptable satisfaction of your objectives). A copy of your
individual performance objectives is being provided to you in connection with this Bonus Plan.




40
# Fourth Court of Appeals

**San Antonio, Texas**

MEMORANDUM OPINION

N o. 04

- 21

- 00059

- CV

D’SPAIN CONSTRUCTION L.L.C

., Appellant

v.

George Samuel LUDOLF

, Appellees

From the 451st Judicial District Court

, Kendall County, Texas

Trial Court No. 20

- 274

Honorable Kirsten Cohoon , Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice

Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice

Delivered and Filed: September 22, 2021

MOTION TO DISMISS GRANTED; DISMISSED

Appellant filed a motion to dismiss this appeal. We grant the motion and dismi ss the

appeal. See T EX

. R. A PP

. P. 42.1(a)(1). Because the motion does not disclose an agreement of the

parties regarding the assessment of costs, we order all costs assessed against appellant. See T EX

.

R. A PP

. P. 42.1(d) (absent agreement of the partie s, costs are taxed against appellant).

PER CURIAM
RADCLIFFE v. CITY OF DUNN.

COA06-439.

Court of Appeals of North Carolina.

Filed November 21, 2006.

Certification Date December 11, 2006.

Appeal from the Harnett (04CVS1303).

Case reported without published opinion. Reversed.
# Council Decision of 17 December 2013 determining for the General Secretariat of the Council the appointing authority and the            authority empowered to conclude contracts of employment and repealing Decision 2011/444/EU (2013/811/EU) (repealed)         

        - Previous
        - Next

U.K.

# Council Decision

# of 17 December 2013

# determining for the General Secretariat of the Council the appointing authority and the authority empowered to conclude contracts                        of employment and repealing Decision 2011/444/EU                     

# (2013/811/EU) (repealed)

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                        

Textual Amendments

F1Repealed by Council Decision (EU) 2017/262 of 6 February 2017 determining, for the General Secretariat of the Council, the appointing                                 authority and the authority empowered to conclude contracts of employment, and repealing Decision 2013/811/EU.
STATE v. McGHEE.

No. COA06-232.

North Carolina Court of Appeals.

Filed December 5, 2006.

Certification Date December 27, 2006.

Appeal from Person (02CRS3576, 03CRS1919).

Case reported without published opinion. Affirmed.
STATE of North Carolina v. Brian Joshua BAKER.

No. 254P06.

Supreme Court of North Carolina.

June 29, 2006.

Brian Joshua Baker, Pro Se.

William P. Hart, Senior Deputy Attorney General, R., Stuart Albright, District Attorney, for State of NC.

*ORDER*

Upon consideration of the petition filed by Defendant on the 9th day of May 2006 in this matter for a writ of certiorari to review the order of the Superior Court, Guilford County, the following order was entered and is hereby certified to the Superior Court of that County:

"Dismissed by order of the Court in conference, this the 29th day of June 2006."
Named Executive Officer Compensation



 Exhibit 10.5 
  
 Named Executive Officer Compensation 
  
 On July 1, 2005, the Compensation Committee of the Board of Directors set the annual base salaries of, and awarded cash
bonuses to, Chesapeake’s named executive officers, effective July 1, 2005. The new base salaries and the cash bonuses, respectively, are as follows: Aubrey K. McClendon $950,000 and $625,000; Tom L. Ward $950,000 and $625,000; Marcus C. Rowland
$580,000 and $355,000; Martha A. Burger $480,000 and $250,000; and Michael A. Johnson $360,000 and $140,000.
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, as amended





Pursuant to 18 U.S.C. Section 1350, as added by Section 906 of the Sarbanes-Oxley Act of 2002, as amended, the undersigned officer of DXP Enterprises, Inc. (the “Company”) hereby certifies that the Company’s Annual Report on Form 10-K for the year ended December 31, 2010 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended (15 U.S.C. 78m or 78o(d)), and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





Dated:  March 16, 2011





/s/Mac McConnell


Mac McConnell


Senior Vice President and Chief Financial Officer








The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is not being filed as part of the Report or as a separate disclosure document.
Exhibit 32

                   CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                         AND CHIEF FINANCIAL OFFICER
          PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Carol K. Nelson, Chief Executive Officer and President, and Lars H. Johnson,
Chief Financial Officer of Cascade Financial Corporation (the "Company"), each
certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002:

1.  The Form 10-Q of the Company for the quarterly period ended March 31, 2005
    (the "Form 10-Q"), fully complies with requirements of Section 13(a) or
    15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and

2.  The information contained in the Form 10-Q fairly presents, in all material
    respects, the financial condition and results of operations of the Company.

This certification is being furnished solely for purposes of Section 906 and is
not being filed as part of this quarterly report.


Date: May 6, 2005

                                       /s/ Carol K. Nelson
                                       ----------------------------------------
                                       Carol K. Nelson, President and CEO


                                       /s/ Lars H. Johnson
                                       ----------------------------------------
                                       Lars H. Johnson, Chief Financial Officer