alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

                                                                      Exhibit 23

                      CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the Prospectus
constituting part of the Registration Statement on Form S-3 (No. 33-59585 and
33-62993) of our report dated November 15, 1999 appearing on page F-2 of BFX
Hospitality Group, Inc's Form 10-K for the year ended September 30, 1999. We
also consent to the reference to us under the heading "Experts" in such
Prospectus.

/s/ PricewaterhouseCoopers LLP

PRICEWATERHOUSECOOPERS LLP

Fort Worth, Texas
December 21, 1999
#### BEESON v. MOORE

No. 13 PC.

Case below: 31 N.C. App. 507.

Petition by plaintiff for discretionary review under G.S. 7A-31 denied 31 January 1977.
* This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

BULLION MONARCH MINING, INC.,

 Plaintiff - Appellant,

 v.

NEWMONT USA LIMITED, a Delaware

Corporation, DBA Newmont Mining

Corporation,

 Defendant - Appellee.

No. 10-17320

D.C. No. 3:08-cv-00227-ECRVPC

MEMORANDUM*

Appeal from the United States District Court

for the District of Nevada

Edward C. Reed, Senior District Judge, Presiding

Argued and Submitted May 16, 2012 

San Francisco, California

Before: THOMAS, McKEOWN, and W. FLETCHER, Circuit Judges.

Appellant Bullion Monarch Mining, Inc. (“Bullion”) appeals the district

court’s grant of summary judgment in favor of Defendant-Appellee Newmont USA

FILED

JUN 13 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2

Limited (“Newmont”). Bullion filed suit seeking royalty payments which it alleges

Newmont owes as a successor-in-interest to a 1979 mining contract. The district

court granted summary judgment based on laches. We have jurisdiction under 28

U.S.C. § 1291, and we affirm the district court.

Under Nevada law, laches requires a showing that “there was an inexcusable

delay in seeking the petition” and “there were circumstances causing prejudice to

respondent.” Nevada v. Eighth Judicial Dist. Ct., ex rel. Cnty. of Clark, 994 P.2d

692, 697 (Nev. 2000) (internal quotations and citation omitted). 

Bullion argues that it delayed in reliance on Newmont’s assurances that the

royalties owed under the 1979 contract would be paid, and that its delay was

therefore excusable. The district court, resolving the disputed facts in Bullion’s

favor, assumed that these assurances were made but found them insufficient to

excuse Bullion’s delay. We agree with the district court that “proper diligence

required some attempt to verify that Newmont’s actions were consistent with its

counsel’s alleged verbal assurance to Bullion, either by independent investigation

or by demanding accounting from Newmont.” 

Bullion further argues that Newmont failed to establish that it was

prejudiced by Bullion’s delay. Bullion argues that the summary judgment ruling

should be limited in its scope as the laches defense can only apply to mining claims
3

which Newmont has placed in production. Bullion contends that Newmont has not

shown, and cannot show, any prejudice as to claims that Newmont has not yet

developed. Bullion raised its prejudice argument for the first time in its Motion to

Reconsider in district court, and that court found that Bullion had waived its

argument by not raising it earlier. See School Dist. No. 1J v. ACandS, Inc., 5 F.3d

1255, 1263 (9th Cir. 1993). The district court did not abuse its discretion in so

finding. 389 Orange Street Partners v. Arnold, 179 F.3d 656, 665 (9th Cir. 1999). 

AFFIRMED.
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Exhibit 99.10



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



The undersigned, Executive Vice President, Finance and Secretary of Jaco
Electronics, Inc. (the "Company"), hereby certifies, to the best of my
knowledge, that: (1) the Quarterly Report on Form 10-Q of the Company for the
quarterly period ended March 31, 2003 (the "Periodic Report") accompanying this
certification fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and (2) the
information contained in the Periodic Report fairly presents, in all material
respects, the financial condition and results of operations of the Company. The
foregoing certification is provided solely for purposes of complying with the
provisions of Section 906 of the Sarbanes-Oxley Act of 2002 and is not intended
to be used for any other purpose.


May 13, 2003
                                         /s/ Jeffrey D. Gash
                                         -------------------
                                         Jeffrey D. Gash
                                         Executive Vice President,
                                         Finance and Secretary
                                         (Principal Financial Officer)
Case 7:07-cv-03352-CLB Document 6 Filed 06/11/2007 Page 1 of 1
# C_2007125EN.01000101.xml

| 6.6.2007 | EN | Official Journal of the European Union | C 125/1 |
| --- | --- | --- | --- |

6.6.2007

EN

Official Journal of the European Union

C 125/1

---

Non-opposition to a notified concentration

(Case COMP/M.4655 — Gilde/Parcom/Nedschroef)

(Text with EEA relevance)

(2007/C 125/01)

On 22 May 2007, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32007M4655. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32007M4655. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu)

---
<PAGE>   1

                                                                    EXHIBIT 23.1

                         CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statements
(Form S-8 No.33-91296, Form S-8 No. 333-56125 and Form S-8 No. 333-39700)
pertaining to the Bull Run Corporation 1994 Long Term Incentive Plan, the
Registration Statement (Form S-8 No. 33-91298) pertaining to the Bull Run
Corporation Non-Employee Directors' 1994 Stock Option Plan, and the Registration
Statement (Form S-4 No. 333-84833) pertaining to the issuance of shares of BR
Holding, Inc. of our reports dated September 28, 2000, with respect to the
consolidated financial statements and schedule of Bull Run Corporation included
in the Annual Report (Form 10-K) of Bull Run Corporation for the year ended June
30, 2000, filed with the Securities and Exchange Commission.



                                   /s/ ERNST & YOUNG LLP

Charlotte, North Carolina
September 28, 2000
Case 1:07-cv-03226-AKH Document 5 Filed 04/28/09 Page 1 of 1
<PAGE>   1
                           SEAGULL ENERGY CORPORATION


                                                                    EXHIBIT 23.2


                   CONSENT OF INDEPENDENT PETROLEUM ENGINEERS


         We hereby consent to the use of our name in the Annual Report on Form
10-K of Seagull Energy Corporation and Subsidiaries (the "Company") for the year
ended December 31, 1998, and the incorporation by reference thereof into the
Company's registration statements on Form S-8 (Nos. 2-72014, 2-80834, 33-14463,
33-43483, 33-50643, 33-50645, 33-64041, 333-13393 and 333-71375), Forms S-8 and
S-3 (Nos. 2-93087 and 33-22475), Form S-3 (Nos. 33-53729, 33-65118, 33-64051 and
333-34841) and Form S-4 (No. 333-68679).




                               /s/ Ryder Scott Company
                               Petroleum Engineers
                               RYDER SCOTT COMPANY
                               PETROLEUM ENGINEERS



Houston, Texas
February 12, 1999
#### STATE OF NORTH CAROLINA v. DOC BREWINGTON

No. 518A82

(Filed 11 January 1983)

DEFENDANT appeals to this Court as a matter of right under G.S. 7A-30(2) (1981) to review the decision of the Court of Appeals. The opinion of *Judge Robert Martin,*with which *Chief Judge Morris*concurred and in which *Judge Becton*dissented in part, held there was no error in the trial court’s: (1) denial of defendant’s motion to dismiss based on insufficiency of the evidence, (2) admission of testimony concerning an offer by defendant’s aunt to make restitution, or (3) denial of defendant’s motion for mistrial based upon the admission of this testimony. 58 N.C. App. 650, 294 S.E. 2d 238 (1982). Judgment in the case was entered by *Cornelius, Judge,*on 2 July 1981 in Superior Court WAYNE County.

*Rufus L. Edmisten, Attorney General, by James Peeler Smith, Assistant Attorney General, for the State.*

*R. Gene Braswell and Tom Barwick for defendant.*

PER CURIAM.

The decision of the Court of Appeals is affirmed.

Affirmed.
EXHIBIT 10.1.1


 


AMENDMENT TO OFFER LETTER


 


This
is an amendment to an Offer Letter by and between Edward A. Hjerpe, III (“Mr. Hjerpe”)
and the Federal Home Loan Bank of Boston (the “Bank”), dated May 18,
2009.  The Offer Letter and the Amendment
shall be referred to as “the Amended Agreement.”


 


The
Offer Letter is hereby modified as set forth below.  All other terms of the Offer Letter remain in
full force and effect.


 


The
Offer Letter is hereby amended as follows:


 


Paragraph 5, line 2, “June 30, 2009” is stricken
and “July 1, 2009” is substituted therefor; and


 


Paragraph 8, line 1, “June 30, 2009” is
stricken and “July 1, 2009” is substituted therefor; and


 


Paragraph 9, third bullet point, “20 paid vacation
days (earned on an accrual basis)” is stricken and “22.5 paid vacation days
(earned on an accrual basis)” is substituted therefor.


 


If
any provision of the Amended Agreement, or any portion thereof, is found to be
invalid, illegal, or unenforceable under any applicable statute, administrative
order, or rule of law, then such provisions or portion thereof, shall be
deemed omitted, and the validity, legality and enforceability of the remaining
provisions of this Amended Agreement shall not in any way be affected or
impaired.


 


	
   

  	
   

  	
  Federal
  Home Loan Bank of Boston

  
	
   

  	
   

  	
   

  
	
  /s/
  Edward A. Hjerpe III

  	
   

  	
  /s/
  Jan A. Miller

  
	
  Edward
  A. Hjerpe, III

  	
   

  	
  Jan
  A. Miller, Chairman of the Board

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Date:

  	
  7/3/09

  	
   

  	
  Date:

  	
  7/3/09
#### STATE v. BURTON

No. 71 PC.

Case below: 22 N.C. App. 559.

Petition for writ of certiorari to North Carolina Court of Appeals denied 8 November 1974.
Exhibit (99) Item 99 - Section 906 Certification

KANSAS CITY LIFE
INSURANCE COMPANY

SECTION 906
CERTIFICATION

                                                          First Quarter 2003

The undersigned certify
that the registrants Form 10-Q report fully complies with the requirements
of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a) or 78o(d) and that information contained in the report fairly represents,
in all material respects, the financial condition and results of operations of
the registrant.

`/s/R. Philip Bixby           
R. Philip Bixby
President, Chief Executive Officer,
and Vice Chairman of the Board




/s/Tracy W. Knapp            
Tracy W. Knapp
Senior Vice President, Finance`

Date:  May 9, 2003

A signed original of this written statement required by Section 906 has been provided to Kansas City Life Insurance Company and will
be retained by Kansas City Life Insurance Company and furnished to the Securities and Exchange Commission or its staff upon request.
<Page>
                                                                ARTHUR ANDERSEN

                     CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS
                     -----------------------------------------

As independent public accountants, we hereby consent to the use of our reports
(and to all references to our Firm) included in or made a part of this
Registration Statement File No. 33-73570 for Hartford Life Insurance Company
Separate Account Two on Form N-4.

Hartford, Connecticut                                   /s/ Arthur Andersen LLP
April 8, 2002
#### DUGGINS v. BOARD OF EXAMINERS

No. 88 PC.

Case below: 25 N.C. App. 131.

Petition for writ of certiorari to North Carolina Court of Appeals allowed 6 May 1975.
Exhibit 10.1.b



Description of Compensation Arrangements of Michael J. Chesser



Effective October 1, 2003, Michael J. Chesser was appointed to the positions of Chairman of the Board and Chief Executive Officer of Great Plains Energy Incorporated (Great Plains Energy), and a director of Kansas City Power & Light Company (KCP&L).  Mr. Chesser will receive base salary, fringe benefits, awards under Great Plains Energy's Amended Long-Term Incentive Plan and Annual Incentive Compensation Plan (Exhibits 10.1.a and 10.1.b, respectively, to Great Plains Energy's 2002 Annual Report on Form 10-K), and supplemental retirement benefits under the Supplemental Executive Retirement Plan, as amended and restated effective October 1, 2003 (Exhibit 10.1.a to Great Plains Energy's Quarterly Report on Form 10-Q for the quarter ended September 30, 2003).

Mr. Chesser and Great Plains Energy have entered into a severance agreement (the form of which was filed as Exhibit 10-f to the KCP&L 2000 Annual Report on Form 10-K), and in addition have agreed that in the event Mr. Chesser is terminated without Cause (as defined in the severance agreement) prior to age 63, Mr. Chesser will be paid an amount equal to three times annual salary and incentive compensation.  Further, Great Plains Energy will reimburse Mr. Chesser for certain relocation and travel expenses, including commissions on the sale of his existing home.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                          25,267
<SECURITIES>                                         0
<RECEIVABLES>                                  192,523
<ALLOWANCES>                                         0
<INVENTORY>                                     38,658
<CURRENT-ASSETS>                               351,998
<PP&E>                                       1,861,679
<DEPRECIATION>                                 542,905
<TOTAL-ASSETS>                               1,852,457
<CURRENT-LIABILITIES>                          580,795
<BONDS>                                        410,498
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      7,000
<COMMON>                                       157,232
<OTHER-SE>                                     407,577
<TOTAL-LIABILITY-AND-EQUITY>                 1,852,457
<SALES>                                      1,362,457
<TOTAL-REVENUES>                             1,362,457
<CGS>                                        1,060,884
<TOTAL-COSTS>                                1,266,238
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              30,991
<INCOME-PRETAX>                                 74,526
<INCOME-TAX>                                    25,488
<INCOME-CONTINUING>                             49,038
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    49,038
<EPS-PRIMARY>                                     1.55
<EPS-DILUTED>                                        0
        

</TABLE>
<PAGE>

                                                                    EXHIBIT 99.2

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

     The undersigned, Edward M. Lambert, Executive Vice President and Chief
Financial Officer of Hanover Direct, Inc. (the "Company"), hereby certifies that
to his knowledge the Annual Report on Form 10-K for the period ended December
28, 2002 of the Company filed with the Securities and Exchange Commission on the
date hereof (the "Report") fully complies with the requirements of section 13(a)
or 15(d) of the Securities Exchange Act of 1934 and the information contained in
the Report fairly presents, in all material respects, the financial condition
and results of operations of the Company for the period specified.

     Signed at the City of Edgewater, in the State of New Jersey, this 25th day
of March, 2003.
                                                /s/ Edward M. Lambert
                                          --------------------------------------
                                                    Edward M. Lambert
                                               Executive Vice President and
                                                 Chief Financial Officer
ex10-4.htm


    Exhibit
10.9

     

     

     

     

     

    
 

     

    [Wachovia
Bank, National Association Letterhead]

     

     

    
      
        	 
      	
                August
      07, 2009

              


      

    

     

    Congoleum
Corporation

    3500
Quakerbridge Road

    Mercerville,
NJ 08619

    Attention:          Howard
N. Feist III,

    Vice
President-Finance

    and
Chief Financial Officer

    


    Re:       Congoleum
Corporation

    


    Dear
Mr. Feist:

    


    Reference
is made to the Loan and Security Agreement, dated December 10, 2001,
between Wachovia Bank, National Association, successor by merger to Congress
Financial Corporation, as lender (“Lender”) and Congoleum Corporation, as
borrower (“Borrower”), as the same has been amended, supplemented, modified,
extended, renewed, restated and/or replaced from time to time (the “Loan
Agreement”), including, without limitation, by the Ratification and Amendment
Agreement, dated as of January 7, 2004, between Lender and Borrower, as
acknowledged by Congoleum Fiscal,
Inc., Congoleum Sales, Inc.
(each individually, a “Guarantor” and collectively, the “Guarantors”), and
Amendment No. 12 to the Ratification and Amendment Agreement and Amendment No.
14 to the Loan and Security Agreement, dated as of June 9, 2009 (the “Twelfth
Ratification Amendment”, and all of the foregoing, collectively, the “Loan
Agreement”).  All capitalized terms used herein, unless otherwise
defined, shall have the same meanings assigned to such terms in the Loan
Agreement.

    


    Please
be advised that Lender hereby agrees to extend the forbearance period referenced
in paragraph 2.3 of the Twelfth
Ratification Amendment from August 14, 2009 until December 31,
2009.  All other covenants, obligations, provisions, terms and
conditions set forth in the Twelfth Ratification Amendment or
in any of the other Financing Agreements shall remain in full force and
effect.

    


    If
you have any questions or comments, please let us know.


    
      
         


      

      
         


        
          

        

      

      
         


        
          August
07, 2009

          Page
2

        

      

    

    


    


    
      
        	 	
                Very
      truly yours,

              
	 	 
      
	 	
                WACHOVIA
      BANK, NATIONAL ASSOCIATION,

              
	 	 
      
	 	
                /s/ Marc
    Breier

              
	 	
                Marc
  Breier,

              
	 	
                Managing
      Director

              


      

    

    


    
      	
              cc:

            	
              Andrew
      M. Kramer, Esq., (Via Email)

            
	 
      	
              Kerry
      A. Brennan, Esq., (Via Email)

            
	 
      	
              Mr.
      Steven Walfisch (Via Email)