alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________ No. 96-31230 Summary Calendar

__________________
FELTON BURLEIGH, Plaintiff,
versus DIVERS, INC., ET AL., Defendants, CHEVRON USA, INC., Defendant-Cross-Claimant-Appellant,
versus INSTITUTE OF LONDON UNDERWRITERS; PROFESSIONAL DIVERS OF NEW ORLEANS, Defendants-Cross-Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Louisiana

USDC No. 94-CV-381
- - - - - - - - - - September 18, 1997 Before KING, HIGGINBOTHAM and DAVIS, Circuit Judges. PER CURIAM: *No. 96-31230 -2- Chevron U.S.A., Inc. appeals from the dismissal of its claim for indemnity against Professional Divers of New Orleans and its insurer, the Institute of London Underwriters. We have reviewed the record and briefs and AFFIRM the district court’s dismissal for essentially the same reasons set forth by the district court. Felton v. Divers, Inc. , No. 94-CV-0381 (W.D. La. Oct. 22, 1996).
#### In re: Nichita M. BUCURESCU and Doina M. Bucurescu, Debtors. *378Nichita M. Bucurescu and Doina M. Bucurescu, Appellants, v. Lawrence W. Farkas and Jeffrey Farkas 190A Realty Corp., Appellees.

No. 04-3559-BK.

United States Court of Appeals, Second Circuit.

April 15, 2005.

Nichita M. Bucurescu and Doina M. Bucurescu, New York, NY, for Appellants, pro se.

Doran I. Golubtchik, Gleich, Siegel *&*Farkas, Great Neck, NY, for Appellees.

PRESENT: FEINBERG, SACK, and KATZMANN, Circuit Judges.

SUMMARY ORDER

Nichita and Doina Bucurescu, debtors in a now-defunct Chapter 7 bankruptcy proceeding, appeal from one or more decisions of the district court affirming orders of the bankruptcy court in adversary proceedings brought as part of the Bueurescus’ bankruptcy.

The bankruptcy court dismissed the Bucurescus’ Chapter 7 proceeding in February 2004, before this appeal was filed. The district court dismissed the Bucurescus’ appeal from that dismissal in October 2004, after this appeal was filed, citing the Bueurescus’ failure to file a brief. *In re Bucurescu,*No. 04 Civ. 3545, 2004 WL 2296326, at *2 (S.D.N.Y. Oct. 13, 2004).

“If an event occurs while a case is pending on appeal that makes it impossible for the court to grant any effectual relief whatever to a prevailing party, the appeal must be dismissed by virtue of Article Ill’s case or controversy requirement.” *In re Chateaugay Corp.,*10 F.3d 944, 949 (2d Cir.l993)(quoting *Church of Scientology v. United States,*506 U.S. 9, 12, 113 S.Ct. 447, 121 L.Ed.2d 313 (1992) (internal quotation marks, internal alteration, and further citation omitted)).

Because the Bueurescus’ Chapter 7 proceeding has been dismissed, and their appeal from that dismissal has also been dismissed, there is no “effectual relief’ that this Court can grant the Bueurescus, even were it so inclined. *Cf. In re Bucurescu,*116 Fed-Appx. 303, 304 (2d Cir. 2004). There is no indication that this case involves any “exceptional circumstances” that counsel in favor of a different outcome. *See In re Kurtzman,*194 F.3d 54, 58-59 (2d Cir.1999).

We note that we have previously warned the Bueurescus that “future frivolous or vexatious litigation may result in the imposition of additional sanctions,” *In re Bucurescu,*116 Fed.Appx. at 304, and have instructed the Clerk of this Court to “refuse to accept for filing any further submissions from appellants related to this bankruptcy, unless they first obtain leave from an active judge of this court to file such papers,” *id.*We reiterate that warning and that instruction now.

For the foregoing reasons, the appeal is DISMISSED as moot.
|Exhibit 99.1


FIRST M & F CORPORATION


CERTIFICATION UNDER
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Annual Report
of First M & F Corporation (the Company) on Form 10-K for the year ended December 31,
2002 as filed with Securities and Exchange Commission on the date hereof (the Report),
I, Hugh S. Potts, Jr., Chief Executive Officer of the Company, certify, to the best of my
knowledge and belief, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of
the Sarbanes-Oxley Act of 2002, that:
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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

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

|DATE:  February 28, 2003 | BY: | /s/ Hugh S. Potts, Jr.

Hugh S. Potts, Jr.
Chairman and
Chief Executive Officer
|------------------------ | --- | --------------------------------------------------------------------------------------------

|
|
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF THE INTELLIGENT SYSTEMS CORPORATION FOR THE YEAR ENDED
DECEMBER 31, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<EXCHANGE-RATE>                                      1
<CASH>                                             461
<SECURITIES>                                         0
<RECEIVABLES>                                    2,165
<ALLOWANCES>                                         0
<INVENTORY>                                        741
<CURRENT-ASSETS>                                 4,546
<PP&E>                                           2,570
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  17,099
<CURRENT-LIABILITIES>                            6,372
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            51
<OTHER-SE>                                       9,591
<TOTAL-LIABILITY-AND-EQUITY>                    17,099
<SALES>                                         18,253
<TOTAL-REVENUES>                                     0
<CGS>                                           12,495
<TOTAL-COSTS>                                   25,294
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 290
<INCOME-PRETAX>                                 (1,690)
<INCOME-TAX>                                      (152)
<INCOME-CONTINUING>                             (1,548)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (1,548)
<EPS-PRIMARY>                                     (.30)
<EPS-DILUTED>                                     (.30)
        

</TABLE>
<PAGE>

                                                                      Exhibit 15


REPORT OF INDEPENDENT ACCOUNTANTS


To the Shareholders of HEI, Inc.:

We have audited the statements of operations, changes in shareholders'
equity, and cash flows of HEI, Inc. for the year ended August 31, 1997. These
financial statements are the responsibility of the Company's management. Our
responsibility is to express an opinion on these financial statements based
on our audit.

We conducted our audit in accordance with generally accepted auditing
standards. Those standards require that we plan and perform the audit to obtain
reasonable assurance about whether the financial statements are free of material
misstatement. An audit includes examining, on a test basis, evidence supporting
the amounts and disclosures in the financial statements. An audit also includes
assessing the accounting principles used and significant estimates made by
management, as well as evaluating the overall financial statement presentation.
We believe that our audit provides a reasonable basis for our opinion.

In our opinion, the financial statements referred to above present fairly, in
all material respects, the results of operations and cash flows of HEI, Inc.
for the year ended August 31, 1997, in conformity with generally accepted
accounting principles.


PRICEWATERHOUSECOOPERS LLP

Minneapolis, Minnesota
September 26, 1997
Exhibit 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We have issued our reports dated December 8, 2006 (except
Note 6, as to which the date is December 20, 2006), accompanying the consolidated financial statements included in the Annual Report of Delphax Technologies Inc. and subsidiaries on Form 10-K for the years ended September 30, 2006 and
2005. We hereby consent to the incorporation by reference of said reports in the Registration Statements of Delphax Technologies Inc. and Subsidiaries on Forms S-8 (File No. 333-69733 and 333-75504) and Form S-3 (File No. 333-113081).



/s/ Grant Thornton LLPGrant Thornton LLP


Minneapolis, Minnesota

December 28, 2006
d77575ex10_c.htm




 

Exhibit 10.C




FIRST AMENDMENT TO EMPLOYMENT AGREEMENT







Reference is hereby made to the Employment Agreement (the “Original Agreement”) dated as of January 1, 2007 by and between Sunteck Transport Co., Inc., a Florida corporation and Michael P. Williams, an individual residing at 386 6th Street, Atlantic
Beach, Florida 32233 (“Mr. Williams”).





For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned parties agree as follows:






1) Section 4 and Addendum A of the Original Agreement is hereby amended to reduce Mr. Williams’ annual base compensation provided for therein from $195,000 to $175,500 for the period from May 11, 2009 through December 31, 2009.





2) Capitalized terms used but not defined herein shall have the meaning ascribed to it in the Original Agreement.





IN WITNESS WHEREOF, the parties hereto have duly executed and delivered this First Amendment to Employment Agreement as of May 11, 2009.





Sunteck Transport Co., Inc.









By: /s/ Harry Wachtel                                                      /s/
Michael P. Williams                                           

         Harry Wachtel                                                                                                    Michael
P. Williams

         President
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM JAMES RIVER
CORPORATION OF VIRGINIA'S MARCH 30, 1997, FORM 10-Q FINANCIAL STATEMENTS AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000053117
<NAME> JAMES RIVER CORPORATION OF VIRGINIA
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-28-1997
<PERIOD-END>                               MAR-30-1997
<CASH>                                              58
<SECURITIES>                                         0
<RECEIVABLES>                                      692
<ALLOWANCES>                                         0
<INVENTORY>                                        662
<CURRENT-ASSETS>                                 1,525
<PP&E>                                           5,801
<DEPRECIATION>                                   2,174
<TOTAL-ASSETS>                                   6,362
<CURRENT-LIABILITIES>                            1,158
<BONDS>                                          1,849
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        738
<COMMON>                                             9
<OTHER-SE>                                       1,494
<TOTAL-LIABILITY-AND-EQUITY>                     6,362
<SALES>                                          1,382
<TOTAL-REVENUES>                                 1,382
<CGS>                                            1,019
<TOTAL-COSTS>                                    1,019
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  38
<INCOME-PRETAX>                                     82
<INCOME-TAX>                                        35
<INCOME-CONTINUING>                                 48
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        48
<EPS-PRIMARY>                                      .38
<EPS-DILUTED>                                      .38
        

</TABLE>
<PAGE>   1
                                                                       EXHIBIT 4

                         [DELOITTE & TOUCHE LETTERHEAD]




Date                          Reference
March 14, 2000                A. Sandler


INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation in ASM International N.V.'s Registration
Statements no.'s 33-6184, 33-6185, 33-6186, 33-78628 and 33-93026 on Form S-8
and no. 333-8080 and 333-11502 on Form F-3 of our report dated February 18,
2000, on the consolidated financial statements of ASM International N.V., which
are included in this annual report on Form 20-F of ASM International N.V., for
the year ended December 31, 1999.

/s/ Deloitte & Touche Accountants
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EXHIBIT 21





                         Subsidiaries of the Registrant



<PAGE>



                                   EXHIBIT 21

      Set forth below is a list of MEDIQ's subsidiaries, as of December 12,
1997, with their respective states of incorporation, names under which they do
business and the percentage of their voting securities owned by the Company as
of such date.


<TABLE>
<CAPTION>

                                                                State of                         Percentage of
Name                                                          Incorporation                        Ownership
----                                                          -------------                        ---------

<S>                                                           <C>                                <C>
American Cardiovascular Imaging Labs, Inc. (1)                      PA                                 100
MDTC Haddon, Inc.  (2)                                              DE                                 100
MEDIQ Diagnostic Centers Inc.                                       DE                                 100
MEDIQ Diagnostic Centers-I Inc. (2)                                 DE                                 100
MEDIQ Imaging Services, Inc.                                        DE                                 100
MDIP-I, Inc. (2)                                                    DE                                 100
MEDIQ Investment Services, Inc.                                     DE                                 100
MEDIQ Management Services, Inc.                                     DE                                 100
MEDIQ Mobile X-Ray Services, Inc.                                   DE                                 100
MEDIQ/PRN Life Support Services, Inc.  (3)                          DE                                 100
PRN Holdings, Inc.                                                  DE                                 100
Value-Med Products, Inc. (3)                                        NJ                                 100

(1) Subsidiary of MEDIQ Imaging Services, Inc.
(2) Subsidiary of MEDIQ Diagnostic Centers, Inc.
(3) Subsidiary of PRN Holdings, Inc.
</TABLE>
<TABLE> <S> <C>

<ARTICLE>           5
             
<LEGEND>       THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
               FROM FORT JAMES CORPORATION'S  MARCH 28, 1999, FORM 10-Q 
               FINANCIAL  STATEMENTS AND IS QUALIFIED IN ITS ENTIRETY BY
               REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<NAME>                             FORT JAMES CORPORATION
<CIK>                              0000053117
<MULTIPLIER>                       1,000,000
       
<S> <C>
<PERIOD-TYPE>                      3-MOS
<FISCAL-YEAR-END>                  DEC-26-1999
<PERIOD-END>                       MAR-28-1999
<CASH>                             5
<SECURITIES>                       0
<RECEIVABLES>                      918
<ALLOWANCES>                       0
<INVENTORY>                        890
<CURRENT-ASSETS>                   1,988
<PP&E>                             8,059
<DEPRECIATION>                     3,548
<TOTAL-ASSETS>                     7,655
<CURRENT-LIABILITIES>              1,487
<BONDS>                            3,691
<PREFERRED-MANDATORY>              0
<PREFERRED>                        0
<COMMON>                           22
<OTHER-SE>                         1,006
<TOTAL-LIABILITY-AND-EQUITY>       7,655
<SALES>                            1,790
<TOTAL-REVENUES>                   1,790
<CGS>                              1,237
<TOTAL-COSTS>                      1,237
<OTHER-EXPENSES>                   0
<LOSS-PROVISION>                   0
<INTEREST-EXPENSE>                 (68)
<INCOME-PRETAX>                    186
<INCOME-TAX>                       (64)
<INCOME-CONTINUING>                122
<DISCONTINUED>                     0
<EXTRAORDINARY>                    (2)
<CHANGES>                          (22)
<NET-INCOME>                       98
<EPS-PRIMARY>                      0.45
<EPS-DILUTED>                      0.44

        

</TABLE>
#### UNITED STATES of America, Plaintiff-Appellee, v. Thomas Lee HARGETT, Defendant-Appellant.

No. 04-60647.

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Decided April 20, 2005.

Curtis Ivy, Assistant U.S. Attorney, U.S. Attorney’s Office, Northern District of Mississippi, Oxford, MS, for Plaintiff-Appellee.

Thomas Lee Hargett, Federal Correctional Institution, Talladega, AL, pro se,

Before JONES, SMITH, and PRADO, Circuit Judges.

PER CURIAM: *

Thomas Lee Hargett, federal prisoner # 11123-042, appeals the district court’s denial of his motion to modify his sentence pursuant to 18 U.S.C. § 3582(c)(2). Hargett pleaded guilty in 2000 to conspiracy to manufacture and possess with intent to distribute methamphetamine, As the amendment on which Hargett relies was in effect at the time he was sentenced, the district court was without jurisdiction to consider Hargett’s motion. *See United*
      *601
      *States v. Early,*27 F.3d 140, 142 (5th Cir.1994).

We decline to address Hargett’s argument that, pursuant to *Blakely v. Washington,*— U.S.-, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), the use of prior convictions to enhance his sentence violated his Sixth Amendment right to a jury trial, because Hargett raised this issue for the first time in his reply brief. *See United States v. Hoster,*988 F.2d 1374, 1383 (5th Cir.1993).

For the foregoing reasons, we AFFIRM the judgment of the district court on the basis that the district court lacked jurisdiction to consider it.

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.