alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
N OTE : This order is nonprecedential

. 

# United States **Court of Appeals**  **for the Federal Circuit**

______________________

CHARLIE L. BUCKNER,
Claimant

- Appellant

v.

DENIS MCDONOUGH

, Secretary of Veterans Affairs

, Respondent

- Appellee

______________________

2020

- 2316

______________________

Appeal from the United States Court of Appeals for
Veterans Claims in No. 19

- 4419, Judge Michael P. Allen, Judge Joseph L. Falvey, Jr., and Judge Coral Wong Pietsch.

______________________

Before L OURIE

, T ARANTO

, and H UGHES

, Circuit Judges

.

P ER C URIAM

. O R D E R

Upon consideration of counsel ’s notice that appellant died during the pendency of this appeal and response to the court’s March 24, 2022

, order in dicating that he has “not located any person capable of substituting for the deceased appellant” and that he “ no longer represent [s] a client capable of further prosecuting this appeal

, ” ECF No. 16, Case: 20-2316 Document: 17 Page: 1 Filed: 05/31/2022BUCKNER v. MCDONOUGH 2

I T I S O RDERED T HAT :
(1) The appeal is dismissed, and t he decision of the Board of Veterans’ Appeals is vacated. See DiOrio v. Nicholson , 216 F. App’x 974 (Fed. Cir. 2007) (vacating underlying decision under same circumstances ) ; see generally
U

nited States v. Munsingwear, Inc. , 340 U.S. 36, 40 (1950) (explaining that vacatur is appropriate when review of the underlying judgment is prevented by happenstance).

(2) Each side to bear its own costs.

May 31

, 2022
Date F OR THE C OURT

/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court

cc: United States Court of Appeals for Veterans Claims Case: 20-2316 Document: 17 Page: 2 Filed: 05/31/2022
<TABLE> <S> <C>

<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                           11242
<INT-BEARING-DEPOSITS>                              22
<FED-FUNDS-SOLD>                                   179
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                      21300
<INVESTMENTS-CARRYING>                           38484
<INVESTMENTS-MARKET>                             38598
<LOANS>                                         239311
<ALLOWANCE>                                       2852
<TOTAL-ASSETS>                                  316461
<DEPOSITS>                                      276770
<SHORT-TERM>                                     12717
<LIABILITIES-OTHER>                               1659
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         25315
<OTHER-SE>                                           0
<TOTAL-LIABILITIES-AND-EQUITY>                  316461
<INTEREST-LOAN>                                   4979
<INTEREST-INVEST>                                  827
<INTEREST-OTHER>                                    36
<INTEREST-TOTAL>                                  5842
<INTEREST-DEPOSIT>                                2499
<INTEREST-EXPENSE>                                2579
<INTEREST-INCOME-NET>                             3263
<LOAN-LOSSES>                                       19
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                   2455
<INCOME-PRETAX>                                   1397
<INCOME-PRE-EXTRAORDINARY>                        1397
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       839
<EPS-PRIMARY>                                     0.22
<EPS-DILUTED>                                     0.22
<YIELD-ACTUAL>                                    4.49
<LOANS-NON>                                        635
<LOANS-PAST>                                       223
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                    858
<ALLOWANCE-OPEN>                                  2848
<CHARGE-OFFS>                                       58
<RECOVERIES>                                        43
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<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
| 1. | The      Report fully complies with the requirements of section 13(a) 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. |
|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| March      4,      2009 |                                            |                              |
|-------------------------|-------------------------------------------------|-----------------------------------|
|                    | FPICInsurance Group,      Inc.                  |
|                    |                                            |                              |
|                    | By:                                             | /s/      John R.      Byers       |
|                    | President      and Chief Executive      Officer |
|                    |                                            |                              |
|                    | By:                                             | /s/      Charles Divita,      III |
|                    | Chief      Financial      Officer               |
[Federal Register Volume 75, Number 93 (Friday, May 14, 2010)]
[Notices]
[Page 27338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11533]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EL00-95-244; EL00-98-228]


San Diego Gas & Electric Company; Notice of Filing

May 7, 2010.
    Take notice that on May 4, 2010, The California Power Exchange 
Corporation filed a refund report, pursuant to the Commission's 
November 20, 2008, Order on Rehearing and Motions for Clarification and 
Accounting, 125 FERC ] 61,214.
    Any person desiring to intervene or to protest this filing must 
file in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be 
considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make protestants parties to the 
proceeding. Any person wishing to become a party must file a notice of 
intervention or motion to intervene, as appropriate. Such notices, 
motions, or protests must be filed on or before the comment date. 
Anyone filing a motion to intervene or protest must serve a copy of 
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an 
original and 14 copies of the protest or intervention to the Federal 
Energy Regulatory Commission, 888 First Street, NE., Washington, DC 
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the 
``eLibrary'' link and is available for review in the Commission's 
Public Reference Room in Washington, DC. There is an ``eSubscription'' 
link on the Web site that enables subscribers to receive e-mail 
notification when a document is added to a subscribed docket(s). For 
assistance with any FERC Online service, please e-mail 
<a href="/cdn-cgi/l/email-protection#93d5d6c1d0dcfdfffafdf6c0e6e3e3fce1e7d3f5f6e1f0bdf4fce5"><span class="__cf_email__" data-cfemail="2a6c6f786965444643444f795f5a5a45585e6a4c4f5849044d455c">[email protected]</span></a>, or call (866) 208-3676 (toll free). For 
TTY, call (202) 502-8659.
    Comment Date: 5 p.m. Eastern Time on May 25, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-11533 Filed 5-13-10; 8:45 am]
BILLING CODE 6717-01-P


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```

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 accompanying Quarterly Report on Form 10-QSB (the
"Report") of Telemetrix Inc. (the "Company") for the fiscal quarter ended
September 30, 2003, I, Michael J. Tracy, Chief Executive Officer and Chief
Financial Officer (Principal Executive and Accounting Officer) of the Company,
hereby certify pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, to my knowledge, 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.

March 15, 2004

                                       /s/ Michael J. Tracy
                                    Name:  Michael J. Tracy
                                    Title: Chief Executive Officer
                                        and Chief Financial Officer
                                (Principal Executive and Accounting Officer)
```
Incentive Compensation Program for Human Capital Planning Performance



 Exhibit 10.15 
 Precision Castparts Corp. 
 Incentive Compensation Program for Human Capital Planning Performance

 1. Purpose/Method of Operation. The purpose of the Program is to reward the development, addition, retention and sharing
of high potential employees among the Company’s manufacturing plants. The Program operates by adding to or subtracting from the bonus award otherwise payable to a participant under the Company’s executive incentive plans, and the Program
is subject to the eligibility rules and general provisions of the applicable executive incentive plans. 
 2. Definitions. The
following words as used herein have the meanings ascribed to each below: (a) “Board” means the Board of Directors of the Company; (b) “Committee” means the Compensation Committee of the Board;
(c) “Company” means Precision Castparts Corp. and its subsidiaries; (d) “HCP Objectives” means the targeted level of performance for a fiscal year with respect to one or more of the following measures in regard to any
one or more of the Company’s manufacturing plants: sharing of high potential employees with other Company plants, retention of high potential employees, accuracy of human capital planning ratings, adequacy of human capital planning, and
utilization of members of the Company’s co-op and management development programs; (e) “HCP Incentive Amount” means the amount that is added to or subtracted from the bonus award otherwise payable to a participant under the
applicable Company executive incentive plan; and (f) “Program” means this Incentive Compensation Program for Human Capital Planning Performance, as set forth herein and as may be amended from time to time 
 3. Administration. The Committee will administer and interpret the Program. The Committee will establish target HCP Incentive Amounts, the
HCP Objectives, and the methodology for determining the actual HCP Incentive Amounts based on the level of achievement of the HCP Objectives for the applicable fiscal year. The Committee will certify whether such performance goals have been met and
determine the HCP Incentive Amounts. The Committee’s determinations under the Program will be final and conclusive. 
 4.
Effective Date. This Program has been adopted by the Board and is effective starting with performance in the Company’s fiscal year beginning on March 31, 2008.
EX-10.47






Exhibit 10.47




MANAGING DIRECTOR AGREEMENT

MEMBER DISTRIBUTION AGREEMENT

MEMBER AGREEMENT




AMENDMENT




               BearingPoint, Inc. (the “Company”) and certain employees (the “Managing Directors”) have
entered into individual Member Distribution Agreements, Member Agreements or Managing Director
Agreements (“MD Agreements”), pursuant to which the Company has agreed to make severance payments
in the event of an involuntary termination of a Managing Director’s employment without cause. The
Company has determined that it is in the best interest of the Company and Executive to provide that
the benefits provided under the Agreements shall satisfy the requirements of Section 409A of the
Internal Revenue Code of 1986, as amended. The Company therefore amends each MD Agreement,
effective as of December 31, 2008, as follows:




	1.	 	If the MD Agreement provides that severance or separation payments are contingent upon the
execution of a Release Agreement, then the MD Agreement is amended to incorporate the
following as an Addendum to the MD Agreement:






Any Release required by this MD Agreement must be signed by the Managing
Director and returned to BearingPoint no earlier than the effective date of
the termination of the Managing Director’s employment with BearingPoint and
no later than the thirtieth day following such termination of employment.
Each Managing Director who has released claims against BearingPoint pursuant
to the terms of the Release, including, in any, all claims arising under the
Older Workers Benefits Protection Act, shall have a seven-day period
immediately following the date on which the executed Release is timely
returned to the Company (the “Revocation Period”) during which such Managing
Director may revoke the Release by the delivery of a written notice of such
revocation to BearingPoint.




	2.	 	Each MD Agreement is amended to delete all references to the Company’s discretion to
determine the method or manner of payments to be made under the MD Agreement.
	 
	3.	 	Each MD Agreement is amended to provide as follows:






BearingPoint shall make any required severance payments within a period of
months equal to the total number of months’ pay to which the Managing
Director is entitled as severance pay, but in any event no later than March
15 of the year following the Managing Director’s termination of employment.
EXHIBIT 32.1

                            SECTION 906 CERTIFICATION




<PAGE>

                                  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 of Warp 9, Inc. (the "Company")
on Form  10-QSB for the period  ending  September  30,  2006 (the  "Report")  I,
Harinder  Dhillon,  President  and  Chief  Executive  Officer,  of the  Company,
certify,  pursuant  to 18USC  ss.1350,  as  adopted  pursuant  to  ss.906 of the
Sarbanes-Oxley Act of 2002, that to the best of my knowledge and belief:

         (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\Harinder Dhillon
----------------------
Harinder Dhillon, President,
Chief Executive Officer, Director
(Principal Executive Officer)


         This  certification  accompanies  the Report pursuant to Section 906 of
the  Sarbanes-Oxley  Act of 2002 and shall not, except to the extent required by
the  Sarbanes-Oxley  Act of 2002, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.




<PAGE>

                                  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 of Warp 9, Inc. (the "Company")
on Form 10-QSB for the period ending  September 30, 2006 (the "Report") I, Louie
Ucciferri,  Chairman,  Secretary,  and  Acting  Chief  Financial  Officer of the
Company,  certify,  pursuant to 18USC ss.1350,  as adopted pursuant to ss.906 of
the Sarbanes-Oxley Act of 2002, that to the best of my knowledge and belief:

         (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\Louie Ucciferri
------------------------
Louie Ucciferri, Chairman
Corporate Secretary, Acting
Chief Financial Officer
(Principal Financial/Accounting Officer)

         This  certification  accompanies  the Report pursuant to Section 906 of
the  Sarbanes-Oxley  Act of 2002 and shall not, except to the extent required by
the  Sarbanes-Oxley  Act of 2002, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.
NOT DESIGNATED FOR P UBLICATION

IN THE SUPREME COURT OF THE STATE OF KANSAS

N o

. 114,658

S TATE OF K ANSAS , Appel l ee ,

v

.
N ICHOLAS T OLAND , Appell ant

.

MEMORANDUM OPINION

Review of the judgment of the Court of Appeals in an unpublished opinion filed February 17,
2017. Appeal from Ford D istrict C ourt; G. L EIGH H OOD , judge

. Opinion filed September 14 , 20 18

. Petition for review improvidently granted.

Randall L. Hodgkinson
, of Kansas Appellate Defender Office, was on the brief for appellant.

David Belling
, assistant county attorney, Natalie Randall , county attorn ey, and Derek Schmidt
, attorney general, were on the brief for appellee.

The opinion of the court was delivered by

P ER C URIAM : We determine that the petition for review in this case was improvidently granted. This decision is identical in effect to a denial of the petition for review in the first instance, and a "'denial of a petition for review imports no opinion on the merit of the case

. '" State v. Eisenhour, 305 Kan. 409, 411, 384 P

. 3d 426 (2016) (quoting Supreme Court Rule 8.03[g] [2018 Kan. S. Ct. R. 56]).

Petition for review improvidently granted.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                         420,484
<SECURITIES>                                    25,351
<RECEIVABLES>                                  200,955
<ALLOWANCES>                                         0
<INVENTORY>                                    104,851
<CURRENT-ASSETS>                               768,253
<PP&E>                                       3,064,948
<DEPRECIATION>                               1,545,537
<TOTAL-ASSETS>                               2,772,217
<CURRENT-LIABILITIES>                          193,331
<BONDS>                                        756,205
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     25,465
<COMMON>                                        45,168
<OTHER-SE>                                   1,118,249
<TOTAL-LIABILITY-AND-EQUITY>                 2,772,217
<SALES>                                        778,937
<TOTAL-REVENUES>                               778,937
<CGS>                                          554,773
<TOTAL-COSTS>                                  643,058
<OTHER-EXPENSES>                               (12,709)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              33,251
<INCOME-PRETAX>                                 84,250
<INCOME-TAX>                                    32,016
<INCOME-CONTINUING>                             43,676
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    43,676
<EPS-PRIMARY>                                     1.05
<EPS-DILUTED>                                     1.03
        

</TABLE>
<PAGE>
                                                                    EXHIBIT 13.2



            CERTIFICATION UNDER SECTION 906 OF THE SARBANES-OXLEY ACT


Pursuant to 18 U.S.C. Section 1350, as created by Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned, Paul Yeh, Associate Vice President
- Finance Center, of Macronix International Co., Ltd. (the "Company"), hereby
certifies, to his knowledge, that:

1.   The Company's annual report on Form 20-F for the year ended December 31,
     2003 (the "Report") fully complies with the requirements of Section 13(a)
     or 15(d), as applicable, 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.


Date: June 28, 2004


By: /s/ Paul Yeh
    -----------------------
Name:  Paul Yeh
Title: Associate Vice President - Finance Center

The foregoing certification is being furnished solely pursuant to 18 U.S.C.
Section 1350 and is not being "filed" for the purposes of Section 18 of the
Securities Exchange Act of 1934 and is not to be incorporated by reference into
any filing of the Company, whether made before or after the date hereof,
regardless of any general incorporation language in such filing.