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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 99-4757

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

EFFAT NAJARZADEH,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge.

(CR-99-138-A)

Submitted: March 14, 2000 Decided: August 23, 2000

Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Matthew Alan Wartel, Alexandria, Virginia, for Appellant. Helen F.

Fahey, United States Attorney, Orin S. Kerr, Special Assistant

United States Attorney, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Effat Najarzadeh appeals from her jury conviction of immigration fraud in violation of 18 U.S.C.A. § 1546(a) (West Supp. 1999).

We affirm.

Najarzadeh argues that the district court denied her the

constitutional right to present a defense when it excluded her

proffered evidence as to abuse she suffered in Iran and as to her

experiences in Canada. She further contends that the court abused

its discretion when it excluded her polygraph examination report.

See United States v. Ruhe, 191 F.3d 376, 387 (4th Cir. 1999). We

find that the court acted within its discretion in excluding the

evidence. See Montana v. Egelhoff, 518 U.S. 37, 41 (1996); Taylor

v. Illinois, 484 U.S. 400, 408 (1988).

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
CERTIFICATE OF
              CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

                       PURSUANT TO 18 U.S.C. SECTION 1350,

In connection with the accompanying Amended Quarterly Report on Form 10-Q of
Advantage Capital Development Corp. for the quarter ended December 31, 2004, I,
Jeffrey Sternberg, Chief Executive Officer and Chief Financial Officer of
Advantage Capital Development Corp. hereby certifies pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, to the best of my knowledge and belief, that:

1.    Such Amended Quarterly Report on Form 10-Q for the period ended December
      31,2004, 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 such Amended Quarterly Report on Form 10-Q
      for the period ended December 31, 2004, fairly presents, in all material
      respects, the financial condition and results of operations of Advantage
      Capital Development Corp.


Dated:  February  14, 2005

ADVANTAGE CAPITAL DEVELOPMENT CORP.

By: /s/ Jeffrey Sternberg
-------------------------------------
Jeffrey Sternberg
Chief Executive Officer and
Chief Financial Officer
#### PHONOMETRICS, INC., Plaintiff-Appellant, v. HOLIDAY INNS, INCORPORATED and Inter-Continental Hotels Corporation, Defendants-Appellees.

No. 04-1521.

United States Court of Appeals, Federal Circuit.

April 5, 2005.

Before MAYER, RADER, and GAJARSA, Circuit Judges.

Judgment

PER CURIAM.

This CAUSE having been heard and considered, it is ORDERED and ADJUDGED:

*AFFIRMED. See*Fed. Cir. R. 36.
Exhibit 10.61

AMENDMENT 2002-1  TO THE  EARLE M. JORGENSEN HOURLY EMPLOYEES PENSION PLAN

WHEREAS, the Earle M. Jorgensen Company (the "Company") maintains the Earle M. Jorgensen Hourly Employees Pension Plan (the "Plan"); and

WHEREAS,
the Company wishes to amend the Plan to (1) reflect recent changes approved by the Board of Directors of the Company with respect to the ability of the Committee for the
Plan to adopt amendments to the Plan, and (2) adopt amendments in connection with both the Economic Growth and Tax Relief Reconciliation Act of 2001 and final Treasury Regulations under
Internal Revenue Code Section 401(a)(9), as amended by the Small Business Job Protection Act of 1996.

NOW,
THEREFORE, the Plan is amended as follows, effective (except as otherwise specified) as of January 1, 2002:



"APPENDIX
E

AMENDMENT
OF THE PLAN FOR EGTRRA

PREAMBLE



---



---



"APPENDIX
F

MINIMUM
DISTRIBUTION REQUIREMENTS



---



---



---



IN
WITNESS WHEREOF, the Company has caused these presents to be executed by its duly authorized representative this            day
of                        , 2002.

|EARLE M. JORGENSEN COMPANY |  | 
|-------------------------- |  | 
|By:                        |  | 
|By:                        |  | 
|                           |  | 

---



QuickLinks
EXHIBIT 32



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 the WMS Industries, Inc. (the Company) on Form 10-K for the year ending June 30, 2008 as filed with the Securities and Exchange Commission on the date hereof
(the Report), I, Brian R. Gamache, Chief Executive 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 and 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/    Brian R. Gamache
|Brian R. Gamache       
|Chief Executive Officer
|August 28, 2008        



---



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 the WMS Industries, Inc. (the Company) on Form 10-K for the year ending June 30, 2008 as filed
with the Securities and Exchange Commission on the date hereof (the Report), I, Scott D. Schweinfurth, 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 and 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/    Scott D. Schweinfurth
|Scott D. Schweinfurth       
|Chief Financial Officer     
|August 28, 2008
<TABLE> <S> <C>


<ARTICLE>                                           UT
<LEGEND>
THIS SCHEDULE  CONTAINS  SUMMARY  INFORMATION  EXTRACTED  FROM THE JUNE 30, 1999
FINANCIAL  STATEMENTS  INCLUDED IN WISCONSIN POWER AND LIGHT COMPANY'S FORM 10-Q
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK>                         0000107832
<NAME>                        WISCONSIN POWER AND LIGHT COMPANY
<MULTIPLIER>                                   1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-START>                                 JAN-01-1999
<PERIOD-END>                                   JUN-30-1999
<BOOK-VALUE>                                   PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                      1,218,822
<OTHER-PROPERTY-AND-INVEST>                    168,050
<TOTAL-CURRENT-ASSETS>                         102,912
<TOTAL-DEFERRED-CHARGES>                       121,508
<OTHER-ASSETS>                                 73,244
<TOTAL-ASSETS>                                 1,684,536
<COMMON>                                       66,183
<CAPITAL-SURPLUS-PAID-IN>                      199,438
<RETAINED-EARNINGS>                            296,718
<TOTAL-COMMON-STOCKHOLDERS-EQ>                 562,339
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    59,963
<LONG-TERM-DEBT-NET>                           414,626
<SHORT-TERM-NOTES>                             109,035
<LONG-TERM-NOTES-PAYABLE>                      56,975
<COMMERCIAL-PAPER-OBLIGATIONS>                 0
<LONG-TERM-DEBT-CURRENT-PORT>                  0
<PREFERRED-STOCK-CURRENT>                      0
<CAPITAL-LEASE-OBLIGATIONS>                    0
<LEASES-CURRENT>                               0
<OTHER-ITEMS-CAPITAL-AND-LIAB>                 481,598
<TOT-CAPITALIZATION-AND-LIAB>                  1,684,536
<GROSS-OPERATING-REVENUE>                      370,106
<INCOME-TAX-EXPENSE>                           19,497       <F1>
<OTHER-OPERATING-EXPENSES>                     301,805
<TOTAL-OPERATING-EXPENSES>                     301,805      <F1>
<OPERATING-INCOME-LOSS>                        68,301
<OTHER-INCOME-NET>                             4,380
<INCOME-BEFORE-INTEREST-EXPEN>                 72,681
<TOTAL-INTEREST-EXPENSE>                       19,943
<NET-INCOME>                                   33,241
<PREFERRED-STOCK-DIVIDENDS>                    1,656
<EARNINGS-AVAILABLE-FOR-COMM>                  31,585
<COMMON-STOCK-DIVIDENDS>                       29,176
<TOTAL-INTEREST-ON-BONDS>                      33,304
<CASH-FLOW-OPERATIONS>                         72,194
<EPS-BASIC>                                  0            <F2>
<EPS-DILUTED>                                  0            <F2>

<FN>
<F1> Income tax expense is not included in Operating Expense in the Consolidated
     Statements of Income.
<F2> Earnings  per share of common  stock  is not  reflected  because all common
     shares are held by Alliant Energy Corporation.
</FN>



</TABLE>
I 

111TH CONGRESS 

2D SESSION H. R. 5222 

To suspend certain activities in the outer Continental Shelf until the date 

on which the joint investigation into the Deepwater Horizon incident 

in the Gulf of Mexico has been completed, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 5, 2010 

Mr. MEEK of Florida (for himself and Mr. HASTINGS of Florida) introduced 

the following bill; which was referred to the Committee on Natural Resources 

A BILL 

To suspend certain activities in the outer Continental Shelf 

until the date on which the joint investigation into the 

Deepwater Horizon incident in the Gulf of Mexico has 

been completed, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. DEEPWATER HORIZON INCIDENT INVESTIGA4 TION. 

5 (a) IN GENERAL.—Until the date described in sub6 section (b), the Secretary of the Interior shall suspend— 

7 (1) all activities relating to the development of 

8 a new or revised 5-year plan for the outer ContiVerDate Mar 15 2010 05:37 May 06, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5222.IH H5222

jbell on DSKDVH8Z91PROD with BILLS
2 

•HR 5222 IH

1 nental Shelf under section 18 of the Outer Conti2 nental Shelf Lands Act (43 U.S.C. 1344); 

3 (2) any new exploration, development, and pro4 duction activities in the outer Continental Shelf, in5 cluding the conduct of seismic and other geological 

6 and geophysical surveys; and 

7 (3) any exploration or development activities 

8 that have commenced before the date of enactment 

9 of this Act, unless the Secretary of the Interior cer10 tifies that the activities pose no significant risk of 

11 accident. 

12 (b) DATE.—The date referred to in subsection (a) is 

13 the date on which— 

14 (1) the joint investigation conducted by the Sec15 retary of the Interior and the Secretary of Home16 land Security with respect to the Deepwater Horizon 

17 incident in the Gulf of Mexico has been completed 

18 in accordance with the joint statement of principles 

19 and convening order entitled ‘‘Joint Department of 

20 the Interior and Department of Homeland Security 

21 Statement of Principles and Convening Order Re22 garding Investigation into the Marine Casualty, Ex23 plosion, Fire, Pollution, and Sinking of Mobile Off24 shore Drilling Unit Deepwater Horizon, With Loss 


jbell on DSKDVH8Z91PROD with BILLS
3 

•HR 5222 IH

1 of Life in the Gulf of Mexico 21–22 April 2010’’; 

2 and 

3 (2) a final report identifying methods to pre4 vent future incidents in the outer Continental Shelf 

5 has been completed in accordance with the joint 

6 statement described in paragraph (1). 

7 (c) EFFECT.—Nothing in this Act affects production 

8 activities that have commenced before the date of enact9 ment of this Act. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS
EXHIBIT 21



SUBSIDIARIES OF THE REGISTRANT



As of September 29, 2007 the Companys subsidiaries, all wholly-owned and incorporated in California (except where noted otherwise) were:



|         |  |                                              
|-------- |  | ---------------------------------------------
|         |  | Banner Marketing, Inc.                       
|         |  | Certified Grocers of California, Ltd.        
|(4)      |  | United Grocers, Inc.                         
|         |  | Grocers and Merchants Insurance Service, Inc.
|         |  | Grocers Capital Company                      
|         |  | Grocers Specialty Company                    
|         |  | Grocers Development Center, Inc.             
|         |  | Preferred Public Storage Company             
|         |  | Crown Grocers, Inc.                          
|         |  | Grocers General Merchandise Company          
|(1)      |  | Unified International, Inc.                  
|(2)      |  | Grocers and Merchants Management Company     
|(2)      |  | Springfield Insurance Company                
|(3)      |  | SavMax Foods, Inc.                           
|(4)      |  | Northwest Process, Inc.                      
|(4)      |  | R&R Liquidating Corporation                  
|(4)      |  | U.G. Resources, Inc.                         
|(4)      |  | United Resources, Inc.                       
|(4)      |  | Western Security Services, Ltd.              
|(4)      |  | Western Passage Express, Ltd.                
|(2), (5) |  | Springfield Insurance Company Limited        

---

|(1) |  | Incorporated in Delaware
|--- |  | ------------------------

|(2) |  | Outstanding capital shares are owned by Grocers and Merchants Insurance Services, Inc.
|--- |  | --------------------------------------------------------------------------------------

|(3) |  | Outstanding capital shares are owned by Crown Grocers, Inc.
|--- |  | -----------------------------------------------------------

|(4) |  | Incorporated in Oregon
|--- |  | ----------------------

|(5) |  | Incorporated in Bermuda
|--- |  | -----------------------
**Exhibit 4.2**

 

 

 

 

 

 

_____________________________________________________________________________________

_____________________________________________________________________________________

 

INTERSTATE POWER AND LIGHT COMPANY

(formerly known as IES Utilities Inc.,

formerly known as Iowa Electric Light and Power Company)

TO

J.P. MORGAN TRUST COMPANY, NATIONAL ASSOCIATION

Successor Trustee

__________________________

 

Sixty-fourth Supplemental

Indenture

Dated as of June 9, 2005

 

__________________________

 

SUPPLEMENTAL TO

 

INDENTURE OF MORTGAGE AND DEED OF TRUST

 

DATED AS OF AUGUST 1, 1940

_____________________________________________________________________________________

 

THIS SIXTY-FOURTH SUPPLEMENTAL INDENTURE, dated as of June 9, 2005, between INTERSTATE POWER AND LIGHT COMPANY (formerly known as IES Utilities Inc., formerly known as Iowa Electric Light and Power Company), a corporation organized and existing under the laws of the State of Iowa (hereinafter called the “Company”), and J.P. MORGAN TRUST COMPANY, NATIONAL ASSOCIATION, as successor Trustee, a national banking association organized and existing under the laws of the United States of America.

 

----
Exhibit 10.1

 

HOSPITALITY PROPERTIES TRUST

 

Summary of Trustee Compensation

 

The following is a summary of the currently effective compensation of the Trustees of Hospitality Properties Trust (the “Company”) for services as Trustees, which is subject to modification at any time by the Board of Trustees.

 

·                 Each Independent Trustee receives an annual fee of $35,000, plus a fee of $1,000 for each meeting attended. Up to two $1,000 fees are payable if more than one board and board committee meetings are held on the same date.

 

·                 The chairpersons of the audit committee, the compensation committee and the nominating and governance committee, each of whom is an Independent Trustee, receive an additional annual fee of $12,500, $7,500 and $7,500, respectively.

 

·                 Each Trustee receives a grant of 2,000 of the Company’s common shares of beneficial interest on the date of the first board meeting following each annual meeting of shareholders (or, for Trustees who are first elected or appointed at other times, on the day of the first board meeting attended).

 

·                 The Company generally reimburses all Trustees for travel expenses incurred in connection with their duties as Trustees and for out of pocket costs incurred from their attending certain continuing education programs.
Fourth Court of Appeals

San Antonio, Texas

September 6, 2019

No. 04-19-00327-CV

PLAINSCAPITAL BANK and Albert Chapa,

Appellant’s

v.

Andy HERNANDEZ,

Appellee

From the 229th Judicial District Court, Starr County, Texas

Trial Court No. DC-17-712

The Honorable Baldemar Garza, Judge Presiding

O R D E R

Appellants filed an agreed motion to abate this appeal on September 3, 2019, stating that 

the parties have entered a settlement agreement and wish to abate the appeal to facilitate the 

effectuation of the settlement agreement. Appellants request abatement for 120 days or until 

appellants move to dismiss the appeal or reinstate the case. It is therefore ORDERED that this 

appeal is ABATED for a period of 120 days from the date of this order unless reinstated at an 

earlier date by an order of this court. All appellate deadlines are suspended pending further order 

of this court.

_________________________________

Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 6th day of September, 2019.

___________________________________

Keith E. Hottle,

Clerk of Court
#### UNITED STATES of America, Plaintiff—Appellee, v. Beverly J. CRAFT, Defendant—Appellant.

No. 04-4781.

United States Court of Appeals, Fourth Circuit.

Submitted March 9, 2005.

Decided April 7, 2005.

Aaron E. Michel, Charlotte, North Carolina, for Appellant. Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina; Amy E. Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.

Before WILKINSON, KING, and GREGORY, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM.

Beverly J. Craft appeals the fourteen month sentence imposed by the district court for violations of her supervised release.* Craft did not object to imposition of sentence at the revocation hearing, and thus this court’s review is for plain error. *United States v. Olano,*507 U.S. 725, 732, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993). Four conditions must be met before this Court will notice plain error: (1) there must be error; (2) it must be plain under current law; (3) it must affect substantial rights, typically meaning the defendant is prejudiced by the error in that it affected the outcome of the proceedings; and (4) the error must seriously affect the fairness, integrity, or public reputation of judicial proceedings. *Olano,*507 U.S. at 733-37. Craft claims she lacks control over her actions due to mental illness, but offers no evidence of insanity, incompetence, or an inability to understand her actions. The district court considered the relevant factors and policy statements at issue, and we conclude that the court did not plainly err in imposing the sentence. Therefore, we affirm. 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*

*

 Because the sentencing guidelines relating to revocation of supervised release have always been advisory, *see U.S. Sentencing Guidelines Manual*Ch. 7, Pt. A, *United States v. Booker,*-U.S.-, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), does not impact the sentence imposed upon Craft.
##### 



Exhibit 10.5
 IRWIN FINANCIAL CORPORATION
2001 STOCK PLAN
STOCK OPTION AGREEMENT
 1. Grant of Option
  2. Exercise of Option
 (a) Right to Exercise
     (b) Method of Exercise




---



##### 



3. Method of Payment
       4. Restrictions on Exercise
 5. Termination of Relationship
 (a) Termination of Employment Due to Death
 (b) Termination of Employment due to Disability or Retirement.
 - 2 -




---



##### 



(c) Resignation or Termination Without Cause
 (d) Termination for Cause
 6. Effect of a Change in Control
 7. Non-Transferability of Option
 8. Term of Option
 9. Withholding Tax Obligations
 (a) General Withholding Obligations
 - 3 -




---



##### 



(b) Stock Withholding to Satisfy Withholding Tax Obligations
    (c) Definitions
 - 4 -




---



##### 



IRWIN FINANCIAL CORPORATIONBy:Name:(print)Title:
   Dated:[Name of Participant]
  - 5 -




---



##### 



IRWIN FINANCIAL CORPORATION
2001 STOCK PLAN
NOTICE OF STOCK OPTION GRANT
 
 Option Company
 Date of Grant:
    
    [date]Compensation CommitteeApproval Date:
    
    [date]Exercise Price Per Share:
    
    [$___]Total Number of Shares Granted:
    
    [number]Type of Option:
    
    [Non-Qualified Stock Option (NSO) orIncentive Stock Option (ISO)]End of Term/Expiration Date:Vesting Schedule:
    
    This Option shall vest in accordance withthe following schedule:
 - 6 -