alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
DAVIS v. CHEROKEE CASINO

No. 456A06.

Supreme Court of North Carolina.

December 5, 2006.

Allen C. Smith, Andrew S. Culicerto, Charlotte, Margaret M. Kinston, for Casino, et al.

D. Andrew Turman, Spartanburg, SC, for Davis.

The following order has been entered on the motion filed on the 4th day of December 2006 by NCATL for leave to file Amicus Curiae Brief:

"Motion Allowed. Unless already submitted, the Amicus Brief shall be submitted to the court within the times allowed and in the manner provided by Appellate Rule *44928(i). By order of the Court in conference this the 5th day of December 2006."
STATE OF LOUISIANA

IN THE INTEREST OF D. M. NO. 2023 KW 0208

MAY 25, 2023

In Re: D. M., applying for supervisory writs, Juvenile Court, 

Parish of St. Tammany, No. 9706 -JJ. 

BEFORE: GUIDRY, C. J., WOLFE AND MILLER, JJ. 

WRIT DENIED. A pleading' s

nature is determined by its

substance and not its caption. See State ex rel. Lay v. Cain, 

96- 1247 ( La. App. 1st Cir. 2/ 14/ 97), 691 So. 2d 135, 137. 

Counsel' s attack on the constitutionality of the requirement

that juvenile offenders convicted of aggravated sex offenses

must register for life is in the nature of a request for

postconviction relief. See State in Interest of A. N. , 2018- 

01571 ( La. 10/ 22/ 19), 286 So. 3d 969. 

JMG

EW

SMM

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT

FOR THE COURT
EX-10(B)



 






Exhibit 10(b).




Schedule Identifying Material Details of

Executive Agreements Substantially Similar to Exhibit 10(a) of Huntington’s

Annual Report on Form 10-K for the year ended December 31, 2004




	 	 	 
	Name	 	Effective Date
	 
	Ronald C. Baldwin

	 	May 16, 2001
	Thomas E. Hoaglin

	 	February 15, 2001






Schedule Identifying Material Details of

Executive Agreements Substantially Similar to Exhibit 10(b) of Huntington’s

Annual Report on Form 10-K for the year ended December 31, 2004




	 	 	 
	Name	 	Effective Date
	 
	Daniel B. Benhase

	 	August 16, 2000
	Richard A. Cheap

	 	May 4, 1998
	Donald R. Kimble

	 	August 8, 2005
	Mary W. Navarro

	 	July 16, 2002
	Nicholas G. Stanutz

	 	February 26, 2002






Schedule Identifying Material Details of

Executive Agreements Substantially Similar to Exhibit 10(c) of Huntington’s

Annual Report on Form 10-K for the year ended December 31, 2004




	 	 	 
	Name	 	Effective Date
	 
	James W. Nelson

	 	November 9, 2004
	Mahesh Sankaran

	 	February 28, 2005






85
<PAGE>   1

                                                                      Exhibit 21


                LIST OF SUBSIDIARIES OF VISION TWENTY-ONE, INC.

<TABLE>
<CAPTION>
                                                          JURISDICTION
SUBSIDIARY                                                OF INCORPORATION
----------                                                ----------------
<S>                                                       <C>
Vision 21 Managed Eye Care of Tampa, Bay, Inc.            Florida
Vision 21 Management Services, Inc.                       Florida
Vision 21 of Southern Arizona, Inc.                       Florida
Vision 21 of Sierra Vista, Inc.                           Florida
Vision Twenty-One Managed Eye Care, IPA, Inc.             New York
Vision Twenty-One Eye Surgery Centers, Inc.               Florida
Vision Twenty-One Surgery Center, Ltd.                    Florida LP
Vision Twenty-One Surgery Center-Largo, Ltd.              Florida LP
The Complete Optical Laboratory, Ltd.                     New Jersey
Vision Twenty-One Refractive Center, Inc.                 Florida
Vision Twenty-One of Wisconsin, Inc.                      Wisconsin
     Vision Insurance Plan of America, Inc.               Wisconsin
Eye Surgery Center Management, Inc.                       Florida
LSI Acquisition, Inc.                                     New Jersey
MEC Health Care, Inc.                                     Maryland
Vision 21 Physician Practice Management Company           Florida
     Vision Twenty-One Eye Laser Centers, Inc.            Florida
BBG-COA, Inc.                                             Delaware
     BVC Administrators, Inc.                             New Jersey
     Block Vision, Inc.                                   New Jersey
          UVC Independent Practice Association, Inc.      New York
          CHVC Independent Practice Association, Inc.     New York
          MVC Independent Practice Association, Inc.      New York
          WVC Independent Practice Association, Inc.      New York
          FVC Independent Practice Association, Inc.      New York
          BHVC Independent Practice Association, Inc.     New York
          The Block Group of New York, Inc.               New York
          BBG Independent Practice Association, Inc.      New York
          VCA Independent Practice Association, Inc.      New York
          Block Vision of Texas, Inc.                     Texas
</TABLE>
Exhibit 32.1

                            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  Imperial  Petroleum  Recovery
Corporation; (the "Company") on Form 10-KSB for the year ending October 31, 2005
(the "Report"), as filed with the Securities and Exchange Commission on the date
hereof, I, Alan Springer,  President and Chief Executive Officer of the Company,
hereby certify,  to such officer's  knowledge,  that pursuant to 18 U.S.C.  Sec.
1350, as adopted pursuant to Sec. 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 result of operations of the Company.





By: /s/ Alan B. Springer                                   March 20, 2006
   --------------------------------------------------

   Alan B. Springer

   Chairman, President and Chief Executive Officer
STATE v. BARNES.

COA06-1285.

Court of Appeals of North Carolina.

Filed May 15, 2007.

Certification Date June 4, 2007.

Appeal from Wake (05CRS126285, 05CRS125089).

Case reported without published opinion. No error.
STATE of North Carolina v. Chris Sealeath MILLER.

No. 14P07.

Supreme Court of North Carolina.

January 25, 2007.

Chris Sealeath Miller, Pro Se.

Robert Montgomery, Special Deputy Attorney General, Brad Greenway, District Attorney, for State of NC.

*ORDER*

Upon consideration of the petition filed by Defendant on the 10th day of January 2007 in this matter for a writ of certiorari to review the order of the Superior Court, McDowell County, the following order was entered and is hereby certified to the Superior Court of that County:

*16"Denied by order of the Court in conference, this the 25th day of January 2007."
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee,

v.  No. 02-4944

VERNON DERL BELL,

Defendant-Appellant. 

Appeal from the United States District Court

for the Southern District of West Virginia, at Charleston.

John T. Copenhaver, Jr., District Judge.

(CR-02-105)

Submitted: July 15, 2003

Decided: August 1, 2003

Before WIDENER, WILLIAMS, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion. 

COUNSEL

Henry E. Wood, III, WOOD LAW OFFICE, L.C., Charleston, West

Virginia, for Appellant. Kasey Warner, United States Attorney, L.

Anna Crawford, Assistant United States Attorney, Charleston, West

Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c). 
OPINION

PER CURIAM: 

Vernon Derl Bell appeals his fifteen month sentence imposed following his guilty plea to mail fraud, in violation of 18 U.S.C. § 1341

(2000). Bell contests the district court’s mass-marketing enhancement. We review the district court’s factual determinations concerning the application of the Sentencing Guidelines for clear error and its

legal conclusions de novo. United States v. Daughtrey, 874 F.2d 213,

217 (4th Cir. 1989). 

Bell argues that the district court erred in enhancing his offense

level two levels because his passive conduct did not satisfy the

requirements of the mass-marketing enhancement of U.S. Sentencing

Guidelines Manual § 2F1.1(b)(3) (2000). That section provides that

an offense committed through mass-marketing warrants a two-level

increase in offense level. The guidelines commentary defines massmarketing as "a plan, program, promotion, or campaign that is conducted through solicitation by telephone, mail, the Internet, or other

means to induce a large number of persons to (A) purchase goods or

services; (B) participate in a contest or sweepstakes; or (C) to invest

for financial profit." USSG § 2F1.1 comment. (n.3). 

From November 2000 to April 2001, Bell sold sports cards via

online auction to 186 customers. He defrauded these customers out of

more than $150,000 by auctioning sports collectibles on the eBay

website, which is visited by millions of people, and failing to ship the

goods upon payment. This conduct falls squarely within the two-level

enhancement for mass-marketing. See United States v. Magnuson,

307 F.3d 333 (5th Cir. 2002), cert. denied, 123 S. Ct. 1008 (2003);

United States v. Pirello, 255 F.3d 728 (9th Cir.), cert. denied, 534

U.S. 1034 (2001). 

We therefore affirm Bell’s sentence. We dispense with oral argument because the facts and legal contentions have been adequately

presented in the written materials before the court and argument

would not aid the decisional process.

AFFIRMED

2 UNITED STATES v. BELL
**Exhibit31.2**

 

CERTIFICATION

 

I, Deborah S. Maddocks,certify that:

 

1.       Ihave reviewed this quarterly report on Form 10-QSB of PAULA Financial;

 

2.       Basedon my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

 

3.       Basedon my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the small business issuer asof, and for, the periods presented in this report;

 

4.       Thesmall business issuer’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15e and 15d-15e) for the small business issuer and wehave:

 

a)       Designed such disclosurecontrols and procedures, or caused such disclosure controls and procedures tobe designed under our supervision, to ensure that material information relatingto the small business issuer, including its consolidated subsidiaries, is madeknown to us by others within those entities, particularly during the period inwhich this report is being prepared;

 

b)      Evaluated the effectivenessof the small business issuer’s disclosure controls and procedures and presentedin this report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this reportbased on such evaluation; and

 

c)       Disclosed in this reportany change in the small business issuer’s internal control over financialreporting that occurred during the small business issuer’s most recent fiscalquarter (the small business issuer’s fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonably likely tomaterially affect, the small business issuer’s internal control over financialreporting; and

 

5.       Thesmall business issuer’s other certifying officer and I have disclosed, based onour most recent evaluation of internal control over financial reporting, to thesmall business issuer’s auditors and the audit committee of the small businessissuer’s board of directors (or persons performing the equivalent functions):

 

a)       Allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the small business issuer’s ability to record, process,summarize and report financial information; and

 

b)      Anyfraud, whether or not material, that involves management or other employees whohave a significant role in the small business issuer’s internal control overfinancial reporting.

 
| Date:  May 14, 2004 | By:                            | /s/ Deborah S. Maddocks |   |
|--------------------------|--------------------------------|-------------------------|--------|
|                     | Vice President –  Finance |

 

----
<PAGE>

EXHIBIT 32.1

                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

Pursuant to 18 U.S.C. Section 1350, the undersigned Officer of ERF Wireless,
Inc. (the "Company"), hereby certifies, to such officer's knowledge, that the
Company's Annual Report on Form 10-KSB for the year ended December 31, 2006 (the
"Report") fully complies with the requirements of Section 13(a) or Section
15(d), as applicable, of the Securities Exchange Act of 1934 and that the
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.


April 16, 2007

/s/ H. Dean Cubley
------------------
H. Dean Cubley
Chief Executive Officer
Exhibit 13.2

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 20-F of Minco Gold Corporation for the year ended December 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the Annual Report), I hereby 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 Annual 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 Annual Report fairly presents, in all material respects, the financial condition and results of operations of the registrant.







Date:

April 20, 2012





/s/ Ellen Wei

Ellen Wei, Interim Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                           2,334
<SECURITIES>                                         0
<RECEIVABLES>                                    1,569
<ALLOWANCES>                                        75
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                          99,783
<DEPRECIATION>                                  30,472
<TOTAL-ASSETS>                                 102,383
<CURRENT-LIABILITIES>                                0
<BONDS>                                         25,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      74,202
<TOTAL-LIABILITY-AND-EQUITY>                   102,383
<SALES>                                              0
<TOTAL-REVENUES>                                12,330
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 9,275
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 916
<INCOME-PRETAX>                                  7,610
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              7,610
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     7,610
<EPS-PRIMARY>                                     1.36
<EPS-DILUTED>                                     1.36
        

</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from Swift Energy
Pension Partners  1994-B,  Ltd.'s balance sheet and statement of operations con-
tained in its Form 10-Q for the quarter  ended June 30, 1998 and is qualified in
its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-END>                                   JUN-30-1998
<CASH>                                         1,826
<SECURITIES>                                   0
<RECEIVABLES>                                  44,347
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               46,173
<PP&E>                                         4,012,573
<DEPRECIATION>                                 (2,222,834)
<TOTAL-ASSETS>                                 1,835,912
<CURRENT-LIABILITIES>                          386,147
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     1,449,765
<TOTAL-LIABILITY-AND-EQUITY>                   1,835,912
<SALES>                                        121,216
<TOTAL-REVENUES>                               121,248
<CGS>                                          0
<TOTAL-COSTS>                                  565,547<F1>
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                (473,325)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (473,325)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (473,325)
<EPS-PRIMARY>                                  0
<EPS-DILUTED>                                  0
<FN>
<F1>Includes  lease  operating  expenses,  production  taxes  and  depreciation,
depletion and  amortization  expense.  Excludes general and  administrative  and
interest expense.
</FN>
        


</TABLE>
##### 



BUSINESS OBJECTS S.A.
 CHANGE OF CONTROL SEVERANCE AGREEMENT
 
 RECITALS
     AGREEMENT
  Term of Agreement
  a




---



##### 



b
 Fresh Consideration.
 Severance Benefits
 Involuntary Termination Other than for Cause or Voluntary Termination for Good Reason
Following a Change of Control
 Severance Payment
 Options; Restricted Stock, Other Equity Compensation
  -2-




---



##### 



Continued Employee Benefits
 Timing of Severance Payments
 Voluntary Resignation; Termination for Cause
 Termination Apart from Change of Control
 Exclusive Remedy
  -3-




---



##### 



Non-Compete/Non-Solicitation
 Non-Compete
 Non-Solicitation
    -4-




---



##### 



Understanding of Covenants
 Remedy for Breach
   Definition of Terms
 Cause
 Change of Control
    -5-




---



##### 



Good Reason
 Successors
 The Companys Successors
  -6-




---



##### 



The Employees Successors
 Notice
 General
 Notice of Termination
 Miscellaneous Provisions.
 No Duty to Mitigate
 Waiver
 Headings
  -7-




---



##### 



Entire Agreement
 Choice of Law
 Severability
 Withholding
 Counterparts
 REMAINDER OF PAGE LEFT BLANK INTENTIONALLY
  -8-




---



##### 



COMPANY
    
    BUSINESS OBJECTS S.A.By:John G. SchwarzTitle:
    
    Chief Executive OfficerEMPLOYEE
    
    By:Title:
  -9-
*Carolyn Dineen King, Chief Judge, is recused.

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 97-10685

JULIE DEFFENBAUGH WILLIAMS,

Plaintiff - Appellee-Cross-Appellant,

versus

WAL-MART STORES, INC., ET AL.,

Defendants,

WAL-MART STORES, INC.,

 Defendant - Appellant-Cross-Appellee. 

 

Appeals from the United States District Court

for the Northern District of Texas

July 22, 1999

Before POLITZ, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER,

BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER, and

DENNIS, Circuit Judges.*

PER CURIAM:

The en banc court reinstates the panel opinion, except for Part II C relating to punitive

damages, and remands this matter to the panel for appropriate disposition of the punitive damages

issue in light of the intervening decision in Kolstad v. American Dental Ass’n, 119 S.Ct. 2118

(1999).
EXHIBIT
32.1





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 INTERNATIONAL CONSOLIDATED COMPANIES,
INC. (the “Company”) on Form 10-Q for the quarter ending September 30, 2008, as
filed with the Securities and Exchange Commission on the date hereof (the
“Report”), I, Antonio F. Uccello, III, Chief Executive Officer of the Company,
certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to ss. 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.





Dated:  November
17, 2008.





/s/ Antonio F. Uccello,
III


Antonio
F. Uccello, III


Chief
Executive Officer
STATE v. GOODE.

No. COA06-630.

North Carolina Court of Appeals.

Filed February 20, 2007.

Certification Date March 12, 2007.

Appeal from Rutherford (04CRS53997, 04CRS53998, 04CRS53999, 04CRS54000, 05CRS2259).

Case reported without published opinion. No error in part; reversed in part.