alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE SUPREME COURT OF THE STATE OF MONTANA

DA 20-0479

_________________

AMANDA R. SAYLER,

 Petitioner and Appellant,

 v.

STATE OF MONTANA, 

 Respondent and Appellee.

O R D E R

_________________

This Court reviews briefs to ensure compliance with Rules 11 and 12 of the 

Montana Rules of Appellate Procedure. After reviewing the Appellant’s opening brief 

filed electronically on December 4, 2020, this Court has determined that the brief does 

not comply with the below-referenced Rules and must be resubmitted. 

M.R. App. P. 12(1)(d) requires that the brief contain a statement of facts relevant 

to the issues presented for review, with specific references to the pages or the parts of the 

record at which material facts appear. Appellant’s opening brief cites only to the threepage District Court order being appealed without reference to other materials in the 

record. 

M.R. App. P. 12(1)(g) requires that the brief contain citations to the authorities, 

statutes, and pages of the record relied on in the argument. Appellant’s opening brief 

lacks citations to quoted references throughout the argument section. 

Therefore,

IT IS ORDERED that the referenced brief is rejected. 

IT IS FURTHER ORDERED that within ten (10) days of the date of this Order the 

Appellant shall electronically file with the Clerk of this Court a revised brief containing 

the revisions necessary to comply with the specified Rule[s] and that the Appellant shall 

serve copies of the revised brief on all parties of record;

IT IS FURTHER ORDERED that no changes, additions, or deletions other than 

those specified in this Order may be made to the brief as originally filed; and

12/07/2020

Case Number: DA 20-0479
IT IS FURTHER ORDERED that the times for any subsequent briefing contained 

in M. R. App. P. 13 shall run from the date of filing of the revised brief.

The Clerk is directed to provide a true copy of this Order to the Appellant and to 

all parties of record. 

DATED this 7

th day of December, 2020.

For the Court,

By_________________________

Justice Dirk Sandefur

Electronically signed by:

Dirk Sandefur

Justice, Montana Supreme Court

December 7 2020
EXHIBIT 11



STATEMENT REGARDING COMPUTATION OF PER SHARE
EARNINGS



|Basic and Diluted (loss) per share         |  |   |           |   |        |   |                
|------------------------------------------ |  | - | --------- | - | ------ | - | ---------------
|                                           |  |   |           |   | Shares
|For the three months ended                 |  |   |           |   |        |   |                
|Basic shares outstanding at March 31, 2003 |  |   |           |   |        |   | 1,783,455      
|Net (loss)                                 |  | $ | (262,411  | ) |        | $ | (.15) per share
|                                           |  |   |           |   |        |   |                
|Weighted average basic shares outstanding  |  |   | 1,783,455 |   |        |   |                
|                                          
|                                           |  |   |           |   | Shares
|For the nine months ended                  |  |   |           |   |        |   |                
|Basic shares outstanding at March 31, 2003 |  |   |           |   |        |   | 1,872,557      
|Net (loss)                                 |  | $ | (177,539  | ) |        | $ | (.09) per share
|                                           |  |   |           |   |        |   |                
|Weighted average basic shares outstanding  |  |   | 1,872,557 |   |        |   |                



|Note: |  | Basic earnings per share is computed as earnings divided by weighted average shares outstanding. Diluted (loss) per share is the same as Basic (loss) per share when
a loss occurs.
|----- |  | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Case 7:04-cv-08928-KMK-LMS Document 1-2 Filed 11/12/2004 Page 1 of 3
Case 7:04-cv-08928-KMK-LMS Document 1-2 Filed 11/12/2004 Page 2 of 3
Case 7:04-cv-08928-KMK-LMS Document 1-2 Filed 11/12/2004 Page 3 of 3
##### 



Position :
 Salary:
 Bonus:
 Signing Bonus
 Stock Options:
  Cindy LuccheseJob Offer LetterPage Two
    
    July 13, 2005
 Restricted Share Grant :
   Temporary Housing :
 Relocation :




---



##### 



Cindy LuccheseJob Offer LetterPage Three
    
    July 13, 2005
   Severance :
  Benefits:
 Employment At Will:




---



##### 



Cindy LuccheseJob Offer LetterPage Four
    
    July 13, 2005
        /s/ Cynthia Lucchese
    
    August 1, 2005Cindy Lucchese
    
    Date
Case 1:06-cv-00694-PKC Document 17-8 Filed 06/12/2007 Page 1 of 2
Case 1:06-cv-00694-PKC Document 17-8 Filed 06/12/2007 Page 2 of 2
#### LARUE v. AUSTIN-BERRYHILL, INC.

No. 114 PC.

Case below: 25 N.C. App. 408.

Petition for writ of certiorari to North Carolina Court of Appeals denied 6 June 1975.
Case 1:06-cv-15038-AKH Document 4 Filed 12/08/2006 Page 1 of 1
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 Quarterly Report on Form 10-Q of Katy Industries, Inc.
      (the
“Company”) for the period ending March 31, 2006 as filed with the Securities and
      Exchange Commission on the date hereof (the “Report”), I, Anthony T. Castor III,
      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 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/
      Anthony T. Castor III


Anthony
      T. Castor III


Chief
      Executive Officer


May
      10,
      2006











A
      signed
      original of this written statement required by Section 906, or other document
      authenticating, acknowledging, or otherwise adopting the signature that appears
      in typed form within the electronic version of this written statement required
      by Section 906, has been provided to Katy Industries, Inc. and will be retained
      by Katy Industries, Inc. and furnished to the Securities and Exchange Commission
      or its staff upon request.
<PAGE>
                                                                      Exhibit 23

                    Independent Auditors' Report and Consent


The Board of Directors
C-COR.net Corp.:

     The audits referred to in our report dated August 9, 2002, except as to
Note U, which is as of September 16, 2002, included the related financial
statement schedule as of June 28, 2002 and for each of the fiscal years in the
three-year period ended June 28, 2002, included in this annual report on Form
10-K of C-COR.net Corp. This financial statement schedule is the responsibility
of the Company's management. Our responsibility is to express an opinion on this
financial statement schedule based on our audits. In our opinion, such financial
statement schedule, when considered in relation to the basic consolidated
financial statements taken as a whole, presents fairly in all material respects
the information set forth therein.

     We consent to the incorporation by reference in the registration statements
on Form S-8 (Nos. 2-95959, 33-27440, 33-35208, 33-66590, 333-02505, 333-30982,
333-43592, 333-49826, 333-61226, 333-64040, 333-65805 and 333-89067) and on Form
S-3 (Nos. 333-82697, 333-90011, 333-90589, 333-32676 and 333-75888) of C-COR.net
Corp. of our report dated August 9, 2002, except as to Note U, which is as of
September 16, 2002, with respect to the consolidated balance sheets of C-COR.net
Corp. and subsidiaries as of June 28, 2002 and June 29, 2001, and the related
consolidated statements of operations, cash flows and shareholders' equity for
each of the fiscal years in the three-year period ended June 28, 2002, which
report appears in the June 28, 2002 annual report on Form 10-K of C-COR.net
Corp. Our report refers to the adoption of Statement of Financial Accounting
Standards ("SFAS") No. 141, "Business Combinations" and certain provisions of
SFAS No. 142, "Goodwill and Other Intangible Assets" as of July 1, 2001 and the
adoption of SFAS No. 133, "Accounting for Derivative Instruments and Hedging
Activities" as of June 30, 2001.

                                  KPMG LLP

Harrisburg, Pennsylvania
September 25, 2002
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

STEVE RICHARD MCCOLLUM, JR.,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 50 MAL 2023

Petition for Allowance of Appeal 

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 28th day of June, 2023, the Petition for Allowance of Appeal is 

DENIED.
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Case 7:07-cv-03318-CS Document 20 Filed 10/24/2007 Page 1 of 37
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#### DILLON v. FUNDING CORP.

No. 219 PC.

Case below: 29 N.C. App. 513.

Motion of defendants to dismiss appeal for lack of substantial constitutional question denied 1 September 1976.
#### John ELIZONDO, Petitioner, v. DEPARTMENT OF THE NAVY, Respondent.

No. 05-3071.

United States Court of Appeals, Federal Circuit.

DECIDED: March 15, 2005.

*ORDER*

MAYER, Circuit Judge.

John Elizondo moves for reconsideration the court’s January 10, 2005 order dismissing his petition for review for failure to file a Fed. Cir. R. 15(c) statement concerning discrimination.

Elizondo has now filed the Rule 15(c) statement and counsel has entered an appearance on his behalf. Thus reinstatement is warranted.

We note that this case was transferred to us by the United States District Court for Southern District of California pursuant to section 1631 of 28 U.S.C. Section 1631 states that transfer is only available if the case could have been brought in the tranferee court at the time it was filed in the transferring court, and that appears not be the case here. Thus, we request the parties to respond to the issue of our jurisdiction, whether the case is be dismissed or re-transferred to the district court, etc.

*280Upon consideration thereof,

IT IS ORDERED THAT:

(1) Elizondo’s motion of reconsideration for the court’s dismissal order is granted; the mandate is recalled, and the case is reinstated.

(2) The parties are directed to respond to the issue discussed above within 21 days of the date of filing of this order.

(3) The briefing schedule is stayed.
#### UTILITIES COMM. v. AMERICAN COURIER CORP.

No. 122 PC.

Case below: 8 N.C. App. 358.

Petition for writ of *certiorari*to North Carolina Court of Appeals denied 28 August 1970.
Case 7:07-cv-03311-KMK   Document 40    Filed 03/12/10   Page 1 of 1
#### PANHORST v. PANHORST

No. 145 PC.

Case below: 9 N.C. App. 258.

Petition for writ of *certiorari*to North Carolina Court of Appeals allowed 5 October 1970.
Case 1:07-cr-00357-CM     Document 27      Filed 11/05/2007     Page 1 of 2

Case 1:07-cr-00357-CM     Document 27      Filed 11/05/2007     Page 2 of 2
##### 



AMENDED AND RESTATED
PETROLEUM HELICOPTERS, INC.
1995 INCENTIVE COMPENSATION PLAN
 1. Purpose.
 2. Administration.
 2.1. Composition.
 2.2. Authority.
 3. Eligible Participants.
 1




---



##### 



4. Types of Incentives.
 5. Shares Subject to the Plan.
 5.1. Number of Shares.
 5.2. Type of Common Stock.
 6. Stock Options.
 6.1. Price.
 2




---



##### 



6.2. Number.
 6.3. Duration and Time for Exercise.
 6.4. Repurchase.
 6.5. Manner of Exercise.
 6.6. Incentive Stock Options.
  3




---



##### 



6.7. Equity Maintenance.
 7.
Restricted Stock.
 7.1. Grant of Restricted Stock.
 4




---



##### 



7.2. The Restricted Period.
 7.3. Escrow.
  7.4. Dividends on Restricted Stock.
 7.5. Forfeiture.
 7.6. Expiration of Restricted Period.
 5




---



##### 



7.7. Rights as a Shareholder.
 8. Stock Appreciation Rights.
 8.1. Number.
 8.2. Duration and Time for Exercise.
 8.3. Exercise.
 8.4. Payment.
  6




---



##### 



9. Performance Shares.
 9.1. Performance Objectives.
 9.2. Not a Shareholder.
 7




---



##### 



9.3. Dividend Equivalent Payments.
 10. Stock Awards.
 11. Cash Awards.
 12. General.
 12.1. Duration.
 12.2. Transferability of Incentives.
 12.3. Non-transferability of Common Stock
 8




---



##### 



12.4. Effect of Termination of Employment or Death.
 12.5. Additional Condition.
 12.6. Adjustment.
 12.7. Incentive Agreements.
 9




---



##### 



12.8. Withholding.
       10




---



##### 



12.9. No Continued Employment.
 12.10. Deferral Permitted.
 12.11. Amendment of the Plan.
 12.12. Change of Control.
 11




---



##### 



12.13. Definition of Fair Market Value.
 12.14. Compliance with Section 16.
 12




---



##### 



12.15. Loans.
 
  13
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

___________ No. 19

- 1429

___________ IN RE: FRANCISCO HERRERA

- GENAO , Petitioner

____________________________________ On Petition for Writ of Mandamus from the United States District Court for the District of New Jersey ( Related to D.N.J. Crim. No. 3:07

- cr - 00454

- 002 )

____________________________________

Submitted Pursuant to Fed. R. App. P. 21 March 18, 2019
Before : SMITH, Chief Judge , AMBRO and ROTH , Circuit Judges (Opinion filed : Augu st 9, 2019 )

_________ OPINION *

_________ PER CURIAM Pro se petitioner Francisco Herrera

- Genao seeks a writ of mandamus to compel the District Court to rule on a motion he filed to correct his restitution obligation in his judgment of sentence. A writ of mandamus may be warranted where a district court’s “undue delay is tantamount to a f ailure to exercise jurisdiction. ” S ee Madden v. Myers ,

* This disposition is not an opinion of the full C ourt and pursuant to I.O.P. 5.7 does not constitute binding precedent.2 102 F.3d 74, 79 (3d Cir. 1996) . On July 30, 2019, the District Court enter ed an order directing the Government to respond to Herrera

- Genao’s motion. Because the case is now moving forward, we find no reason to grant the “drastic remedy” of mandamus relief. See In re Diet Drugs Prods. Liab. Litig. , 418 F.3d 372, 378 (3d Cir. 20 05)

. We have full confidence that the District Court will rule on Herrera

- Genao’s motion within a reasonable time. Accordingly, we will deny Herrera

- Genao’s mandamus petition.
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**Exhibit 23.1**

 

**CONSENT OF INDEPENDENT REGISTEREDPUBLIC ACCOUNTING FIRM**

 

We consent to theincorporation by reference in registration statements of Supreme Industries, Inc.(File Nos. 333-118584, 333-104386 and 333-89867) and in the related Prospectus,pertaining to the Supreme Industries, Inc. 2004 Stock Option Plan, 2001Stock Option Plan and 1998 Stock Option Plan, respectively, of our report datedFebruary 1, 2008 on our audits on the consolidated financial statementsand financial statement schedule of Supreme Industries, Inc. and itssubsidiaries, which report is included in this Annual Report on Form 10-Kof Supreme Industries, Inc. for the year ended December 29, 2007.

 

/s/Crowe Chizekand Company LLC

 

South Bend, Indiana

March 26, 2008

 

1

----
Case 1:06-cv-15016-AKH Document 5 Filed 12/08/2006 Page 1 of 1