alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Casis 26 — INDICTMENT—

October 16.

#### Brooks v. Commonwealth.

APPEAL FROM BOONE CIRCUIT COURT.

'An indictment must be direct and certain as regards the offense charged. It is not sufficient to state the particular circumstances of the offense.

An indictment accusing the defendant “of the offense of suffering and permitting — on his premises, committed as follows,” etc., is not good, as it does not name any offense.

HARVEY MYERS fop. appellant.

In support of his demurrer to the indictment appellant cites Commonwealth v. Tupman, decided by this court, April 25, 1895, 30 S. W. Rep., 661.

WM. J, HENDRICK, Attorney-General, for appellee.

The court properly instructed the jury, and their finding upon the facts can not be disturbed.

JUDGE LEWIS

DELIVERED. THE OPINION OF THE COURT.

Section 124, Criminal Code, requires an indictment to be direct and certain as regards, first, the party charged; second, tlie offense charged; third, the comity charged; fourth, the particular circumstances of the offense charged, if they be necessary to constitute a complete offénse.

The indictment in this case, or so much as is necessary to quote, is as follows: “The grand jury of Boone county, in the name and by tlie authority of the Commonwealth of Kentucky, accuse Lee H. Brooks of the offense of suffering and permitting-on his premises, committed as follows;” etc.

The particular circumstances of the offense of suffering *144and permitting gaming upon the premises of defendant are with sufficient certainty and directness stated in the indictment *; but that*does *not*supersede or dispense with the other requirement, equally imperative, that the indictment shall be direct and certain as to the offense charged. No offense at all is here charged, and not to hold the indictment defective on that account would be to disregard a plain and indispensable requisite.

For the error in overruling the demurrer to the indictment the judgment must be reversed and cause remanded for that to be done.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2608 Introduced in Senate (IS)]

106th CONGRESS
  2d Session
                                S. 2608

To amend the Internal Revenue Code of 1986 to provide for the treatment 
             of certain expenses of rural letter carriers.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 23, 2000

Mr. Grassley (for himself and Mr. Roth) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
To amend the Internal Revenue Code of 1986 to provide for the treatment 
             of certain expenses of rural letter carriers.

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

SECTION 1. CERTAIN EXPENSES OF RURAL LETTER CARRIERS.

    (a) In General.--Section 162(o) of the Internal Revenue Code of 
1986 (relating to treatment of certain reimbursed expenses of rural 
mail carriers) is amended by redesignating paragraph (2) as paragraph 
(3) and by inserting after paragraph (1) the following:
            ``(2) Special rule where expenses exceed reimbursements.--
        Notwithstanding paragraph (1)(A), if the expenses incurred by 
        an employee for the use of a vehicle in performing services 
        described in paragraph (1) exceed the qualified reimbursements 
        for such expenses, such excess shall be taken into account in 
        computing the miscellaneous itemized deductions of the employee 
        under section 67.''
    (b) Conforming Amendment.--The heading for section 162(o) is 
amended by striking ``Reimbursed''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 1999.
                                 <all>
```
**EXHIBIT 32.1**

 

CERTIFICATION PURSUANT TO

18 U.S.C. § 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

Inconnection with the Quarterly Report of First Chester County Corporation (the “Company”)on Form 10-Q for the period ending June 30, 2010 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I,John A. Featherman, III, President, Chief Executive Officer and Chairmanof the Board of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)          The Report fully complieswith the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

(2)          The information contained inthe Report fairly presents, in all material respects, the financial conditionand result of operations of the Company.

 

 
| Date:  August 18, 2010 |                                   |
|-----------------------------|----------------------------------------|
|                        | /s/  John A. Featherman, III      |
|                        | John  A. Featherman, III          |
|                        | President  and Chief Executive Officer |
|                        | Chairman  of the Board                 |

 

----
<PAGE>

NS GROUP, INC.             September 30, 2003 Form 10-Q             EXHIBIT 32.2

                CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350
                         AND EXCHANGE ACT RULE 13A-14(B)

         In connection with the quarterly report of NS Group, Inc. (the
"Company") on Form 10-Q for the period ending September 30, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Thomas J. Depenbrock, Chief Financial Officer of the Company, certify, to my
knowledge, pursuant to 18 U.S.C. Section 1350, and Exchange Act Rule 13a-14(b)
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.

   Date:  November 4, 2003                        /s/ Thomas J. Depenbrock
                                                  ------------------------
                                                  Thomas J. Depenbrock
                                                  Chief Financial Officer

         A signed original of this written statement or other document
authenticating, acknowledging, or otherwise adopting the signature that appears
in typed form within the electronic version of this written statement has been
provided to NS Group, Inc. and will be retained by NS Group, Inc. and furnished
to the Securities and Exchange Commission or its staff upon request.
#### In the Matter of Robert Kuehnert.

Application denied. Order to be settled on notice.
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 09**  **- 8073** 

EUGENE KING , Plaintiff

– Appellant ,
v. ORANGEBURG CALHOUN REGIONA L DETENTION CENTER , Defendant

– Appellee
.

Appeal from the United States District Court for the District of South Carolina , at Rock Hill
. Terry L. Wooten , District Judge. ( 0:08

- cv - 04053

- TLW )

Submitted : November 8, 2010 Decided: November 22 , 2010

Before WILKINSON, KING, and WYNN , Circuit Judges.

Affirmed by un published per curiam opin ion
. Eugene King, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Eugene King appeals the district court ’ s order denying reconsideration of its order accepting the recommendation of the magistrate judg e and dismissing his 42 U.S.C. § 1983 (200 6) complaint . We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See King v. Orangeburg Calhoun Reg’l Det. Ctr. , No. 0:08

- cv - 04053

- TLW (D.S.C. filed Oct. 19, 2009 & entered Oct. 20, 2009; July 21, 2009). We deny King’s motions to appoint counsel, to compel, for an injunction, for summary judgment , and to alter or amend judgment
. 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
Order entered December 28, 2015

In The



## Court of Appeals

Fifth District of Texas at Dallas

No. 05

- 15

- 01283

- CV

TEXAS HEALTH RESOURC ES, TRUMBULL INSURAN CE COMPANY AND TEXAS

HEALTH PRESBYTERIAN HOSPITAL DALLAS, Appellant s

V.

NINA PHAM, Appellee

On App eal from the 68th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC

- 15

- 02252



### O RDER

Before the Court is Appellants’ December 23, 2015 Motion for Temporary Relief

Ancillary to Accelerated Appeal (Stay of Discovery and Pretrial Proceedi ngs). The Court

requests that appellee file her response to the motion on or before January 4, 2016.

/s/ DOUGLAS S. LANG

JUSTICE
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            -  ** 
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Exhibit










Exhibit 10.27




[Company Letterhead]


May 4, 2016


Michael Keddington 
870 Longridge Road
Oakland, CA 94610 


Dear Michael,


This letter confirms our agreement on modifications to the terms of your employment agreed to between you and Covisint effective May 4, 2016 (the “Effective Date”).


Your role as SVP Global Sales will end effective immediately.  However, you will remain a regular active employee of the Company, reporting and acting in a support role to Sam Inman to implement a modified Sales strategy. It is expected that you will be fully available to perform this assignment. We agree that you will stay employed with Covisint on a full time basis through October 18, 2016. However, if you secure employment prior to that time, an earlier separation date will be agreed upon by you and Covisint, and a severance amount equal to salary through October 18, 2016 will be executed.


During this period, there will be no change in your base salary, but you will no longer be eligible for the Company’s Short-term Incentive Plan. You will continue to participate in Covisint’s benefit plans as an employee but will no longer continue to accrue vacation as of the Effective Date. Your healthcare benefits and life insurance benefits will continue until the end of the month of your separation, but no later than October 31, 2016. Short and long-term disability will be in effect until the date of your separation, but no later than October 18, 2016. While performing this assignment, you agree to adhere to conditions of employment outlined in the Employee Agreement and the Code of Conduct.


You agree to surrender and forfeit your existing Covisint Stock options by executing the Surrender Agreement attached hereto. Moreover, you agree that the Severance Agreement, between yourself and the Company dated June 3, 2015, is hereby terminated. Further, you acknowledge that, in consideration of this modified agreement, you fully and unconditionally release the Company from any and all claims or causes of action, whether now known or unknown, that you at any time had against the Company as of the Effective Date. This release does not affect your ability to enforce the understanding set forth herein.


/s/ Sam Inman


Sam Inman




By signing this agreement, I have read, understand and agree to all of its term, knowingly and voluntarily with full knowledge of what it means.


		
	Accepted:
	/s/ Michael Keddington                                       Date:  May 19, 2016    


Michael Keddington

















[Company Letterhead]


April 22, 2015




To whom it may concern:


On April 7, 2014, the Company granted me a Non-Qualified Stock Option to purchase 140,000 shares of Covisint common stock (“April 2014 Option”) at a strike price of $7.20.  On November 17, 2014, the Company granted me a Non-Qualified Stock Option to purchase 80,000 shares of Covisint common stock (“November 2014 Option”) at a strike price of $2.79.  I hereby surrender both the April 2014 Option and the November 2014 Option and forfeit all of my rights to acquire Covisint common stock thereunder.  


/s/ Michael Keddington


Michael Keddington
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AND CONSOLIDATED STATEMENT OF OPERATIONS AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS. EARNINGS
PER SHARE INFORMATION HAS BEEN RESTATED TO CONFORM TO THE REQUIREMENTS OF SFAS
128, EARNINGS PER SHARE.
</LEGEND>
<RESTATED>
<MULTIPLIER>                  1,000
       
<S>                           <C>
<PERIOD-TYPE>                 3-MOS
<FISCAL-YEAR-END>                          FEB-01-1997
<PERIOD-START>                             FEB-04-1996
<PERIOD-END>                               MAY-04-1997
<CASH>                                          10,935
<SECURITIES>                                         0
<RECEIVABLES>                                   65,356
<ALLOWANCES>                                    10,606
<INVENTORY>                                    379,931
<CURRENT-ASSETS>                               497,113
<PP&E>                                       1,019,251
<DEPRECIATION>                                 240,199
<TOTAL-ASSETS>                               1,417,198
<CURRENT-LIABILITIES>                          275,753
<BONDS>                                        909,339
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           450
<OTHER-SE>                                      79,915
<TOTAL-LIABILITY-AND-EQUITY>                 1,417,198
<SALES>                                        464,479
<TOTAL-REVENUES>                               464,479
<CGS>                                          323,172
<TOTAL-COSTS>                                  443,211
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              24,221
<INCOME-PRETAX>                                (2,952)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (2,952)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,952)
<EPS-PRIMARY>                                   (0.07) <F1>
<EPS-DILUTED>                                   (0.07) <F2>
        
<FN>
<F1> Represents basic earnings per share in accordance with SFAS No. 128,
earnings per share. 
<F2> Represents diluted earnings per share in accordance with SFAS No. 128, 
earnings per share.
</FN>


</TABLE>
EXHIBIT 32.2

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

      In connection with the Annual Report of Elamex, S.A. de C.V. (the
"Company") on Form 10-K for the year ended on December 31, 2004, as filed with
the Securities and Exchange Commission on the date hereof (the "Report") and to
which this certification is furnished as an exhibit, I, Sam L. Henry, the
principal financial officer of the Company, certify pursuant to 18 U.S.C. 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.

Date: March 31, 2005

/s/ Sam L. Henry
----------------------------------
Sam L. Henry
Senior Vice-President and Chief Financial Officer

                                       52
Exhibit 31.1  CERTIFICATION  I, Michael F. Adams, hereby certify that: 1.I have reviewed this Annual Report on Form 10-K of AdvanSource Biomaterials Corporation (the “Company”); 2.Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 3.Based on my knowledge, the condensed consolidated financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the Company as of, and for, the periods presented in this report; 4.The Company’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the Company and have: a.Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the Company is made known to us by others within those entities, particularly during the period in which this report is being prepared; b.Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles; c.Evaluated the effectiveness of the Company’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and d.Disclosed in this report any change in the Company’s internal control over financial reporting that occurred during the Company’s fourth fiscal quarter that has materially affected, or is reasonably likely to materially affect, the Company’s internal control over financial reporting; and 5.The Company’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the Company’s auditors and the audit committee of the Company’s board of directors (or persons performing the equivalent functions): a.All significant deficiencies and material weaknesses in the design or operation of internal controls over financial reporting which are reasonably likely to adversely affect the Company’s ability to record, process, summarize and report financial information; and b.Any fraud, whether or not material, that involves management or other employees who have a significant role in the Company’s internal control over financial reporting.  Date: August 22, 2019/s/ Michael F. AdamsMichael F. AdamsChairman, Chief Executive Officer(Principal Executive Officer)
**Exhibit 23.1**

 

**INDEPENDENT AUDITORS’ CONSENT**

 

We consent to the incorporation by reference in the Registration Statements No. 333-65245, No. 333-65255, No. 333-31054, No. 333-37456,No. 333-43510, No. 333-62940, No. 333-62942, No. 333-62946, No. 333-62948, No. 333-86810 and No. 333-98547 of Entrust, Inc. on Forms S-8 our report dated February 27, 2004 with respect to the consolidated financial statements of Entrust Inc. in theAnnual Report (Form 10-K) for the year ended December 31, 2003. 

 

/s/ ERNST & YOUNG LLP 

Dallas, Texas 

March 15, 2004