alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-10.2


 Exhibit 10.2 
 AMENDMENT TO 
 CROWN CASTLE INTERNATIONAL CORP. 2004 STOCK INCENTIVE PLAN

 THIS AMENDMENT by Crown Castle International Corp. (“Company”), 

W I T N E S S E T H: 

WHEREAS, the Company previously established the Crown Castle International Corp. 2004 Stock Incentive Plan, as amended
(“Plan”); 
 WHEREAS, Article XIII of the Plan provides in relevant part that the Board of Directors of Crown
Castle International Corp. (“Board”) may (i) terminate the Plan with respect to any shares of Common Stock for which any Awards have not theretofore been granted, and (ii) amend the Plan; and 

WHEREAS, the Company desires to amend the Plan to cease grants under the Plan, subject to and contingent upon the approval by the
stockholders of the Company of the adoption of the Crown Castle International Corp. 2013 Long-Term Incentive Plan; 
 NOW, THEREFORE, effective as of, and subject to and contingent upon, the approval by the stockholders of the Company of the adoption of the Crown Castle International Corp. 2013 Long-Term Incentive
Plan1, the Plan is hereby amended to provide that no
further Awards shall be made under the Plan. 
  

	
	Adopted by the Board on February 21, 2013
	
	 /s/ Donald J. Reid

	Donald J. Reid
	Corporate Secretary

  
  
  

 
  

 

	1 	Secretary’s Note: The 2013 Long-Term Incentive Plan was approved by the Company’s stockholders on May 23, 2013.
#### UNITED STATES of America, Plaintiff-Appellee, v. James Andrew WILSON, Defendant-Appellant.

No. 71-1757.

United States Court of Appeals, Sixth Circuit.

Jan. 26, 1972.

Dixie R. Satterfield, Milliken & Milli-ken, Bowling Green, Ky., on brief for defendant-appellant.

George J. Long, U. S. Atty., James H. Barr, Asst. U. S. Atty., Louisville, Ky., for plaintiff-appellee.

Before PHILLIPS, Chief Judge, and McCREE and MILLER, Circuit Judges.

PER CURIAM.

Wilson was convicted of possessing a firearm in violation of Title VII of the Omnibus Crime Control and Safe Streets Act, 18 U.S.C.App. § 1202(a). This statute provides as follows:

> “Any person who — (1) has been convicted by a court of the United States or of a State or any political subdivision thereof of a felony . . . and who receives, possesses, or transports in interstate commerce or affecting commerce . . . any firearm shall be fined not more than $10,000 or imprisoned for not more than two years, or both.”

We reverse on authority of United States v. Bass, 404 U.S. 336, 92 S.Ct. 515, 30 L.Ed.2d 488 (1971).

In Bass the Supreme Court held that, in order to sustain a conviction for possessing a gun under this statute, the Government must show a nexus with interstate commerce. This holding is contrary to the interpretation of this statute set forth in the opinion of this court *1043in Stevens v. United States, 440 F.2d 144 (6th Cir.1971). The interpretation of the statute in *Stevens*therefore is no longer the law of this Circuit.

The indictment in the present case was as follows:

“On or about the 8th day of October, 1970, at Bowling Green, in the Western District of Kentucky, JAMES ANDREW WILSON, having been convicted of a felony by a court of the State of Kentucky, that is, knowingly receiving stolen property, in the Warren County Circuit Court, knowingly possessed a firearm, that is a Stevens, 20 gauge, Model 77B, pump shotgun, bearing no serial number.

> “In violation of Section 1202(a), Title 18, Appendix, United States Code.”

On October 8, 1970, police officers of Bowling Green, Kentucky, responded to a radio call reporting a disturbance at Wilson’s home. When they arrived upon the scene they observed Wilson’s daughter at the front gate, bleeding from the face. She told the officers that her father, in a drunken condition, had beaten her and her mother. Wilson appeared on the porch, brandishing a shotgun. Following unsuccessful attempts to persuade Wilson to put the gun down, Mrs. Wilson took it from him. Wilson thereupon was arrested and taken into custody. One of the officers took possession of the shotgun.

The evidence showed that Wilson previously had been convicted of a felony by the Warren County Circuit Court in Kentucky.

The jury found Wilson guilty of possessing a firearm in violation of the statute. He was sentenced to imprisonment for eighteen months.

The indictment did not charge that the gun was possessed “in interstate commerce or affecting commerce.” The evidence did not establish any nexus with commerce as required by *Bass.*

The judgment of the District Court is reversed.
In the MATTER OF: C-R.D.G., Minor Child

No. 337P18

Supreme Court of North Carolina.

January 30, 2019

Joyce L. Terres, Assistant Parent Defender, for Jones, James.

Kathleen Arundell Jackson, Senior Associate County Attorney, for Mecklenburg County Youth and Family Services.

R. Bruce Thompson, II, Attorney at Law, for GAL.

***ORDER***

Upon consideration of the petition filed on the 8th of October 2018 by Petitioner 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 30th of January 2019."
#### Walter E. HANNAH, et al., Appellants, v. Phyllis JOBE, Robert Young, and Bruce Jacobs, Respondents.

No. WD 62148.

Missouri Court of Appeals, Western District.

July 29, 2003.

Seth D. Shumaker, Kirksville, MO, for appellants.

Jason L. Call, Jefferson City, MO, for respondents.

Before HARDWICK, P.J., BRECKENRIDGE and SPINDEN, JJ.

*ORDER*

PER CURIAM.

Walter Eugene Hannah, Clara Jean Hannah, and Clara Belle Hannah appeal the granting of summary judgment in favor of Respondents Phyllis Jobe and Robert Young, d/b/a/ J & Y Farms, and Bruce Jacobs. Since a published opinion would have no precedential value, a memorandum has been provided to the parties.

The trial court’s judgment is affirmed. Rule 84.16(b).
#### N. M. BILL v. DONALD HUGHES

No. 7412DC145

(Filed 20 March 1974)

Appeal and Error § 39— failure to docket record in apt time

Appeal is dismissed for failure of appellant to docket the. record on appeal within 90 days from the date of the order appealed from. Court of Appeals Rules 5 and 48.

*153Appeal by plaintiff from an order entered by *Carter, District Judge,*on 27 August 1973.

This cause was first tried on its merits at the 20 March 1972 Civil Session of District Court held in Cumberland County and resulted in a judgment for defendant. Upon entry of the judgment, plaintiff gave notice of appeal to this court, however, plaintiff failed to perfect this appeal.

On 8 November 1972 an order was entered denying plaintiff’s motions to vacate the 20 March 1972 judgment and for a new trial, both of these motions having been duly filed within ten days after the entry of the 20 March 1972 judgment. The plaintiff gave notice of appeal from the 8 November 1972 order but again failed to perfect his appeal. On 30 April 1973 the defendant, pursuant to G.S. 1-287.1 and Rule 7 (b) of the Rules of Civil Procedure, filed a motion to dismiss the appeal of plaintiff and this motion was granted on 11 June 1973. Thereafter, on 23 June 1973 the plaintiff filed a motion to vacate the order dismissing his appeal which motion was denied on 27 August 1973 and from this denial, the plaintiff filed the present appeal.

*McCoy, Weaver, Wiggins, Cleveland & Raper by Neil V. Davis for plaintiff appellant.*

*Williford, Person & Canady by N. H. Person for defendant appellee.*

HEDRICK, Judge.

The record on appeal was docketed in this court on 30 November 1973 which was more than 90 days from the date of the order from which the purported appeal was taken. For failure of appellant to docket the record- on appeal in this court in accordance with the Rules of Practice in this court, the appeal is dismissed, Rules 5 and 48 of the Rules of Practice of this court.

Dismissed.

Judges Campbell and Baley concur.
[Federal Register Volume 70, Number 201 (Wednesday, October 19, 2005)]
[Notices]
[Page 60852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20923]



[[Page 60852]]

-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service


Final Environmental Impact Statement and General Management Plan 
for Crater Lake National Park, Douglas, Jackson & Klamath Counties, 
Oregon; Notice of Approval of Record of Decision

    Summary: Pursuant to section 102(2)(C) of the National 
Environmental Policy Act of 1969 (Pub. L. 91-190, as amended) and the 
regulations promulgated by the Council on Environmental Quality (40 CFR 
1505.2), the Department of the Interior, National Park Service has 
prepared and approved a Record of Decision for the Final Environmental 
Impact Statement and General Management Plan, Crater Lake National 
Park. The new GMP replaces the 1977 Master Plan, and will serve as a 
blueprint for guiding operations, resource protection, and visitor 
services in the park for the next 10-15 years. The requisite no-action 
``wait period'' was initiated June 10, 2005, with the Environmental 
Protection Agency's Federal Register notification of the filing of the 
Final Environmental Impact Statement (FEIS).
    Decision: As soon as practical the National Park Service will begin 
to implement the actions and programs identified and analyzed as the 
Preferred Alternative (Alternative 2) contained in the FEIS. This 
alternative was deemed to be the ``environmentally preferred'' 
alternative. This course of action and three alternatives (including 
no-action) were identified and analyzed in the Final and Draft 
Environmental Impact Statements (the opportunity for public review of 
the latter was announced in the Federal Register on August 3, 2004). 
The full range of foreseeable environmental consequences was assessed, 
and appropriate mitigation measures have been identified.
    Copies: Interested parties desiring to review the Record of 
Decision may obtain a copy by contacting the Superintendent, Crater 
Lake National Park, P.O. Box 7, Crater Lake, Oregon 97604; or via 
telephone request at (541) 594-2211.

    Dated: August 31, 2005.
Jonathan B. Jarvis,
Regional Director, Pacific West Region.
[FR Doc. 05-20923 Filed 10-18-05; 8:45 am]
BILLING CODE 4312-52-M
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 20
- 0494 STATE OF MONTANA,

Plaintiff and Appellee, v. DAVID ALAN SPAGNOLO ,

Defendant and Appellant.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including May 1 , 2021 , within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

March 26 2021

03/26/2021

Case Number: DA 20-0494
| Exhibit      99.1 |
|-------------------|

|                                                                                                   |   | Three Months            |       |   | Nine Months             |   |
|--------------------------------------------------------------------------------------------------------|--------|------------------------------|------------|--------|------------------------------|--------|
|                                                                                                   |   | Ended                        |       |   | Ended                        |   |
|                                                                                                   |   | September 30, 2009 |       |   | September 30, 2009 |   |
| Net Income (Loss) Attributable to Summit Hotel Properties, LLC |   | $                            | (7,622,660 | )      |                         | $      | (8,952,883 | ) |
| plus      Depreciation and Amortization                                                                |   | $                            | 5,662,526  |   |                         | $      | 17,138,752 |   |
| plus      Unsuccessful Project Costs                                                                   |   | $                            | 250,631    |   |                         | $      | 1,065,840 |   |
| less      Gain (loss) on Impairment or Sale of Assets                                                  |   | $                            | 6,826,883  |   |                         | $      | 5,207,437 |   |
| less      State Income Tax Payments                                                                    |   | $                            | 13,243     |   |                         | $      | (512,810 | ) |
| less      Principal Payments on Company Debt                                                           |   | $                            | (1,796,511 | )      |                         | $      | (5,103,996 | ) |
| less      Priority Return Payments to Investors                                                        |   | $                            | (3,145,248 | )      |                         | $      | (8,999,279 | ) |
| less      Reserves Required by Lenders                                                                 |   | $                            | (358,080   | )      |                         | $      | (1,209,330 | ) |
| plus      Capitalized Interest on Loans                                                                |   | $                            | 647,792    |   |                         | $      | 1,726,814 |   |
| plus      Repair Expense Funded by Loans/Reserves                                                      |   | $                            | 413,893    |   |                         | $      | 2,121,196 |   |
| Net      Cash from Operations                                                                          |   | $                            | 892,469    |   |                         | $      | 2,481,741 |   |

----
arrangement, oral or written, between the Executive and the Company or any of its Affiliatesor predecessors.     4. Amendment Effective Date. This Amendment will become binding once both partieshereto have executed this Amendment. Once executed, this Amendment will be effective as of theAmendment Effective Date.     5. Governing Law. This Amendment, the rights and obligations of the parties hereto,and any claims or disputes relating thereto, will be governed by and construed in accordance withthe laws of the State of California (but not including the choice of law rules thereof).     6. Counterparts. This Amendment may be executed in several counterparts, each ofwhich shall be deemed to be an original, and all such counterparts when taken together shallconstitute one and the same original.     IN WITNESS WHEREOF, the undersigned have duly executed this Amendment, or have caused thisAmendment to be duly executed on their behalf, as of the day and year first written above.      CONEXANT SYSTEMS, INC.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7025
KEVIN SMITH, a/k/a Bar-None-Royal Blackness, Plaintiff - Appellant, versus C. J. CEPAK, Warden; LIEUTENANT FITZGERALD; LIEUTENANT SANDERS; CORRECTIONAL OFFICER JACKSON; CORRECTIONAL OFFICER PEARSON; BROWN, Correctional Officer; CORRECTIONAL OFFICER ROSENBURGH, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Patrick Michael Duffy, District Judge. (CA-96-1164-O-23BD) Submitted: February 26, 1998 Decided: March 18, 1998 Before WILKINS, NIEMEYER, and HAMILTON, Circuit Judges. Affirmed by unpublished per curiam opinion. Kevin Smith, Appellant Pro Se. Andrew Frederick Lindemann, ELLIS, LAWHORNE, DAVIDSON & SIMS, P.A., C olumbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals the district court's order denying relief on his 42 U.S.C. § 1983 (1994) complaint. We have reviewed the record and the district court's opinion partially accepting the magistrate judge's recommendation and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Smith v. Cepak , No. CA-96-1164-O-23BD (D.S.C. June 24, 1997). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
**EXHIBIT 32.2**

 

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

 

In connection with theQuarterly Report of AventineRenewable Holdings, Inc. (the “Company”) on Form 10-Q for the period ending March 31,2009 as filed with the Securities and Exchange Commission (the “Report”), I, George T. Henning, Jr.,Interim Chief Financial Officer of Aventine Renewable Energy Holdings, Inc., certify,pursuant to 18 U.S.C.Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that to the best of my knowledge and belief:

 

(1)           TheReport fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

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

 

A signed original of thiswritten statement required by Section 906 has been provided to Aventine Renewable Energy Holdings, Inc. and will beretained by AventineRenewable Energy Holdings, Inc. and furnished to theSecurities and Exchange Commission or its staff upon request.

 

 
|   | /s/  George T. Henning, Jr. |
|--------|----------------------------------|
|   | George  T. Henning, Jr.     |
|   | Interim  Chief Financial Officer |
|   | May 11,  2009               |

 

1

----
**CERTIFICATION      PURSUANT TO**

**18      U.S.C. SECTION 1350,**

**AS      ADOPTED PURSUANT TO**

**SECTION      906 OF THE SARBANES-OXLEY ACT OF 2002**

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

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

| /s/                Curtis L. Garner,                Jr. |
|---------------------------------------------------------|
| Curtis                L. Garner, Jr.                    |
| Chief                Financial Officer                  |
| November                6, 2008                         |

----
STATE of North Carolina v. Keith Davis TURNER

No. COA17-1400

Court of Appeals of North Carolina.

Filed: October 16, 2018

VACATE.
[Federal Register Volume 70, Number 204 (Monday, October 24, 2005)]
[Notices]
[Pages 61463-61464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21131]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Allergy And Infectious Diseases; Notice of 
Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Allergy and Infectious 
Diseases Special Emphasis Panel Hyperaccelerated Award/Mechanisms in 
Immunomodulation Trials (November, 2005)
    Date: November 1, 2005.
    Time: 1 p.m. to 3 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, 6705 Rockledge Drive, 
3256, Bethesda, MD 20817, (Telephone Conference Call).
    Contact Person: Mercy R. PrabhuDas, PhD, Scientific Review 
Administrator, Scientific Review Program, Division of Extramural 
Activities, NIAID/NIH/DHHS, 6700B Rockledge Drive, MSC 7616, 
Bethesda, MD 20892-7616, 301-451-2615, <a href="/cdn-cgi/l/email-protection#93fee3a7a6a4fdd3fdfafbbdf4fce5"><span class="__cf_email__" data-cfemail="1974692d2c2e7759777071377e766f">[email protected]</span></a>.
    This notice is being published less than 15 days prior to the 
meeting due to the timing limitations imposed by the review and 
funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, 
Allergy, Immunology, and Transplantation Research; 93.856, 
Microbiology and Infectious Diseases Research, National Institutes 
of Health, HHS)


[[Page 61464]]


    Dated: October 14, 2005.
Anthony M. Coelho, Jr.,
Acting Director, Office of Federal Advisory Committee Policy.
[FR Doc. 05-21131 Filed 10-21-05; 8:45 am]
BILLING CODE 4140-01-M


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