alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### ELI BELL et al. v. WILLIAMSTON LUMBER CO. et al.

(Filed 26 February, 1947.)

Master and Servant § 55d—

The findings of the Industrial Commission that deceased was not an employee of defendant but an employee of independent contractors for defendant, is conclusive when supported by the evidence even if the record be such as would permit a contrary finding.

Appeal by plaintiffs from *Burgwyn, Special Judge,*at September Term, 1946, of MaetiN.

Proceeding under Workmen’s Compensation Act to determine liability of defendants to father and mother, dependents of Abraham Bell, deceased employee.

According to the findings of the Industrial Commission, the deceased was employed by J. B. Nicholson and Yiew Nicholson in their logging operations for the Williamston Lumber Company. He came to his death by accident arising out of and in the course of his employment. The Nicholsons do not have as many as five persons in their employ. Hence they are not subject to the provisions of the Workmen’s Compensation Act. The deceased was not an employee of the Williamston Lumber Company, but of the Nicholsons, who were independent contractors.

Upon these findings, which are supported by the evidence, compensation was denied.

Upon appeal to the Superior Court, the determination of the Industrial Commission was upheld.

The plaintiffs appeal, assigning errors.

*174
      *P. H. Bell for plaintiffs, appellants.*

*Norman & Rodman for defendants, Lumber Co. and Insurance Co., appellees.*

Per Curiam.

The case turns on whether the Nicholsons were agents of the lumber company or independent contractors. The Commission found that they were independent contractors, and the Superior Court has approved. *Beach v. McLean,*219 N. C., 521, 14 S. E. (2d), 515; *Graham v. Wall,*220 N. C., 84, 16 S. E. (2d), 691; *Bryson v. Lumber Co.,*204 N. C., 664, 169 S. E., 276; *Hayes v. Elon College,*224 N. C., 11, 29 S. E. (2d), 137. Even if the record were such as to permit a contrary finding, the determination of the Industrial Commission would be conclusive on appeal. *Hegler v. Mills Co.,*224 N. C., 669, 31 S. E. (2d), 918. To accept the plaintiffs’ version of the matter would require a rejection of the opposing inferences which support the fact-finding body. *Kearns v. Furniture Co.,*222 N. C., 438, 23 S. E. (2d), 310; *Lassiter v. Tel. Co.,*215 N. C., 227, 1 S. E. (2d), 542.

No reversible error has been made to appear.

Affirmed.
Long-range 

actuarial 

balance

Annual 

balance in 

75th year

Long-range 

actuarial 

balance

Annual 

balance in 

75th year

Long-range 

actuarial 

balance

Annual 

balance in 

75th year

-3.61 -4.35 -0.13 -0.20 -3% -5%

Estimates based on the intermediate assumptions of the 2023 Trustees Report Office of the Chief Actuary

Social Security Administration

September 15, 2023

Summary Measures and Graphs

Category of Change: Level of Monthly Benefits

Current law

[percent of payroll]

Change from current law

[percent of payroll] Shortfall eliminated

Proposed Provision: B5.4. Beginning for those newly eligible in 2030, reconfigure the special minimum 

benefit: (a) A year of coverage is defined as a year in which 4 quarters of coverage are earned. (b) At 

implementation, set the PIA for 30 years of coverage equal to 125 percent of the monthly poverty level 

(about $1,416 in 2022). For those with under 30 years of coverage, the PIA per year of coverage over 10 

years is $1,416/20 = $70.80. (c) From 2022 to the year of implementation, 2030, index the PIA per year of 

coverage using the chain-CPI index. Then, for later years, index the PIA per year of coverage by wage 

growth for successive cohorts. (d) Scale work requirements for disabled workers, based on the number of 

years of non-disabled potential work.

6.0

8.0

10.0

12.0

14.0

16.0

18.0

20.0

2023 2030 2040 2050 2060 2070 2080 2090

Percent

Year

OASDI Cost Rates and Income Rates

(as a percentage of taxable payroll)

Income rates under current law

Income rates with this provision

Cost rates under current law

Cost rates with this provision

0

100

200

300

400

500

600

2023 2030 2040 2050 2060 2070 2080 2090

Percent

Year

OASDI Trust Fund Ratio

(assets as a percentage of annual expenditures)

Current law With this provision
EXHIBIT 32.1



STATEMENT OF CHIEF EXECUTIVE OFFICER

OF PTEK HOLDINGS, INC.

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

AS ADOPTED PURSUANT TO

§ 906 OF THE
SARBANES-OXLEY ACT OF 2002



In connection with Amendment No. 1
to the Annual Report of PTEK Holdings, Inc. (the Company) on Form 10-K/A for the year ended December 31, 2002 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Boland T.
Jones, Chief Executive Officer of the Company, certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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/ Boland T. JonesBoland T. JonesChief Executive OfficerPTEK Holdings, Inc.December 19, 2003




A signed
original of this written statement required by Section 906 has been provided to PTEK Holdings, Inc. and will be retained by PTEK Holdings, Inc. and furnished to the Securities and Exchange Commission upon request.
#### In the Matter of Charles A. Schiano, an Attorney, for Reinstatement to the Practice of Law.

[773 NYS2d 725]

Order of reinstatement entered. All concur, Scudder, J., not participating. Present—Green, J.P., Wisner, Scudder, Gorski and Lawton, JJ.
<PAGE>

                                                                      Exhibit 32

                            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 Annual Report of Seamless Wi-Fi, Inc. (the "Company") on
Form 10-KSB for the period ending June 30, 2008 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Albert R. Reda, Chief
Executive Officer, and Chief Financial Officer of the Company, certify, pursuant
to 18 U.S.C. ss.1350, as adopted pursuant to ss.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/ Albert R. Reda
----------------------------
Albert R. Reda
Chief Executive Officer and
Chief Financial Officer
October 13, 2008
Year Cost Rate

Income 

Rate

Annual 

Balance

2005 11.13 12.72 1.59 320

2006 10.99 12.73 1.74 338

2007 10.92 12.74 1.82 356

2008 10.93 12.78 1.85 372

2009 11.04 12.77 1.73 386

2010 11.13 12.79 1.66 400

2011 11.26 12.84 1.57 412

2012 11.47 12.87 1.40 421

2013 11.69 12.89 1.20 429

2014 11.93 12.91 0.98 434

2015 12.17 12.92 0.76 438

2016 12.43 12.94 0.52 440

2017 12.69 12.96 0.27 440

2018 12.96 12.98 0.01 438

2019 13.24 12.99 -0.25 435

2020 13.53 13.01 -0.51 430

2021 13.81 13.03 -0.78 424

2022 14.08 13.04 -1.04 417

2023 14.36 13.06 -1.29 408

2024 14.62 13.08 -1.55 398

2025 14.89 13.09 -1.80 387

2026 15.15 13.11 -2.04 375

2027 15.39 13.12 -2.27 362

2028 15.61 13.14 -2.47 349

2029 15.80 13.15 -2.65 335

2030 15.97 13.16 -2.81 320

2031 16.14 13.17 -2.96 305

2032 16.28 13.18 -3.09 289

2033 16.39 13.19 -3.19 273

2034 16.47 13.20 -3.27 256

2035 16.54 13.20 -3.33 240

2036 16.59 13.21 -3.38 223

2037 16.63 13.21 -3.42 206

2038 16.65 13.22 -3.43 188

2039 16.65 13.22 -3.44 171

2040 16.66 13.22 -3.44 153

2041 16.66 13.22 -3.44 135

2042 16.67 13.22 -3.44 116

2043 16.67 13.22 -3.45 98

2044 16.67 13.23 -3.45 79

2045 16.68 13.23 -3.45 60

2046 16.69 13.23 -3.46 40

2047 16.71 13.23 -3.48 20

2048 16.72 13.23 -3.49 ----

2049 16.74 13.23 -3.51 ----

2050 16.77 13.24 -3.53 ----

2051 16.80 13.24 -3.56 ----

2052 16.83 13.24 -3.59 ----

2053 16.87 13.24 -3.63 ----

2054 16.91 13.25 -3.66 ----

2055 16.95 13.25 -3.70 ----

2056 17.00 13.25 -3.75 ----

2057 17.05 13.26 -3.80 ----

2058 17.10 13.26 -3.84 ----

2059 17.15 13.26 -3.89 ----

2060 17.20 13.27 -3.93 ----

2061 17.25 13.27 -3.98 ----

2062 17.31 13.28 -4.03 ----

2063 17.37 13.28 -4.09 ----

2064 17.42 13.28 -4.14 ----

2065 17.48 13.29 -4.19 ----

2066 17.54 13.29 -4.25 ----

2067 17.59 13.29 -4.30 ----

2068 17.65 13.30 -4.35 ----

2069 17.70 13.30 -4.40 ----

2070 17.74 13.30 -4.44 ----

2071 17.79 13.31 -4.48 ----

2072 17.83 13.31 -4.52 ----

2073 17.87 13.31 -4.56 ----

2074 17.91 13.31 -4.60 ----

2075 17.95 13.32 -4.64 ----

2076 18.00 13.32 -4.68 ----

2077 18.04 13.32 -4.72 ----

2078 18.08 13.32 -4.76 ----

2079 18.13 13.33 -4.80 ----

2080 18.17 13.33 -4.84 ----

Summarized Rates: OASDI

2005 Cost Rate Income Rate

Actuarial 

Balance

-2079 15.15% 13.84% -1.31% 0.61%

Office of the Chief Actuary, Social Security

Estimates based on Intermediate Assumptions of the 2005 Trustees Report January 4, 2006

Detailed Single Year Tables

Category of Change: Level of Monthly Benefits (PIA)

Change in 

Actuarial Balance

Proposed Provision: Reduce benefits by 5 percent for those newly eligible for benefits in 2006 and later

Expressed as a percentage of taxable payroll Trust Fund 

Ratio 

1-1-year
### Proposed Provision: A4. Starting December 2026, compute the COLA using a chained version of the consumer price index for wage and salary workers (CPI-W). We estimate this new computation will reduce the annual COLA by about 0.3 percentage point, on average. The new COLA will not apply to DI benefits. It will apply to OASI benefits, except for those of formerly disabled-workers who converted to retired-worker status.

back
Exhibit 10.1


 


AMENDMENT NO. 1 TO EMPLOYMENT
AGREEMENT


 


 


This Amendment (this “Amendment”)
dated as of December 15, 2022 (the “Effective Date”) amends the Employment Agreement, dated January 3, 2022 (the “Agreement”)
by and between Theriva Biologics, Inc. f/k/a Synthetic Biologics, Inc. (the “Corporation”) and Steven A. Shallcross
(“Executive”). Capitalized terms used herein without definition shall have the meanings assigned in the Agreement.
  


 


WHEREAS, the Corporation
desires to amend the Agreement to increase the base salary by five percent (5%) for merit pay.


 


NOW THEREFORE, for
the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties hereto agree to amend the Agreement as follows:


 


1. Amendment.


 


Effective as of the Effective
Date, Section 4 is hereby deleted in its entirety and replaced with the following:


 


“4. BASE
SALARY. The Company agrees to pay the Executive a base salary (the “Base Salary”) at an annual rate
of $614,250, payable semi-monthly in accordance with the regular payroll practices of the Company. The Executive’s Base Salary shall
be subject to review and adjustment from time to time by the Board (or a committee thereof) in its sole discretion, but may not be decreased.
The base salary as determined herein from time to time shall constitute “Base Salary” for purposes of this Agreement.”


 





2. Severability.
The provisions of this Amendment are severable and if any part or it is found to be unenforceable the other paragraphs shall remain fully
valid and enforceable.


 


3. No Other Amendments;
Confirmation. All other terms of the Agreement shall remain in full force and effect. The Agreement, as amended by this Amendment,
constitutes the entire agreement between the parties with respect to the subject matter thereof.


 


4. Counterparts.
This Amendment may be executed in one or more counterparts, each of which shall be deemed an original but both of which together shall
constitute one and the same instrument.


 


5. Choice of Law.
This Amendment shall be construed and interpreted in accordance with the internal laws of the State of Nevada without regard to its conflict
of laws principles.


 


[Signature page follows]


 












     


     


    

 


IN WITNESS WHEREOF,
the parties hereto have executed this Amendment as of the day and year first written above.


 


	 	Corporation:	 
	 	 	 	 
	 	THERIVA BIOLOGICS, INC.	 
	 	 	 	 
	 	 	 	 
	 	By:	/s/ Francis Tufaro 	 
	 	Name:	Francis Tufaro	 
	 	Title:	Chief Executive Officer and 	 
	 	 	Chief Financial Officer	 
	 	 	 	 
	 	Executive :  	 
	 	 	 	 
	 	/s/ Steven A. Shallcross	 
	 	Steven A. Shallcross
<PAGE>
                                                             Exhibit 23.01


            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by reference in Registration Statement No.
333-108448 on Form S-3, Registration Statement No. 333-120864 on Form S-4, and
Registration Statement Nos. 333-56979, 333-07391, 333-18563, 333-28789,
333-109885, 333-68052 and 333-118239 on Forms S-8 of our reports dated March 15,
2005, (which report expresses an unqualified opinion and includes an explanatory
paragraph relating to a change in method of accounting for goodwill and
intangible assets), relating to the financial statements and financial statement
schedule of Fisher Scientific International Inc. and management's report on the
effectiveness of internal control over financial reporting appearing in this
Annual Report on Form 10-K of Fisher Scientific International Inc. for the year
ended December 31, 2004.


/s/ Deloitte & Touche LLP

New York, New York
March 15, 2005
**Exhibit 31.1****CERTIFICATIONS**I, Mark N. Schwartz, certify that: 1. I have reviewed this Form 10-QSB of Hypertension Diagnostics, Inc.;  2. Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light ofthe circumstances under which such statements were made, not misleading with respect to theperiod covered by this report;  3. Based on my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of, and for, the periodspresented in this report;  4. The registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and have:(a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure thatmaterial information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;(b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness ofthe disclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and(c) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter(the registrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and 5. The registrant’s other certifying officer(s) and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (or personsperforming the equivalent functions):(a) All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize and reportfinancial information; and(b) Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.Date: May 15, 2006                                                      /s/ Mark N. Schwartz   Mark N. Schwartz   Chief Executive Officer  
24
### Proposed Provision: B7.10. Replace the current-law WEP with a new calculation for most OASI and DI benefits based on covered and non-covered earnings, phased in for beneficiaries becoming newly eligible in 2030 through 2039. For this new approach, compute a PIA based on all past earnings (covered and non-covered), and multiply by the "non-covered earnings ratio." This ratio is equal to the current-law concept of the average indexed monthly earnings computed without non-covered earnings divided by a modified average indexed monthly earnings that includes both covered and non-covered earnings in agency records.

back
#### JONATHAN OLLIS v. C. R. RICKER and THEO. JOHNSON.

(Filed 14 December, 1932.)

1. Mortgages H r — Agreement to purchase land at foreclosure sale for mortgagor constitutes purchaser trustee for mortgagor.

An agreement to purchase lands at a foreclosure sale for the mortgagor at an agreed price and account to the mortgagor for the difference between the price agreed and the indebtedness secured constitutes the purchaser a trustee of the equity of redemption for the benefit of the mortgagor.

2. Frauds, Statute of E d — Verbal contract relating to purchase of land is voidable and not void.

Verbal contracts relating to the sale or purchase of land are voidable and not void, and the defense of the statute of frauds must be pleaded and such defense may not be set up by demurrer.

*672Appeal by plaintiff from *McElroy, J.,*at October Term, 1932, of Avery.

Reversed.

This is an action to recover damages for the breach of a 'contract entered into by and between plaintiff and the defendants by which the defendants agreed to purchase at a mortgagee’s sale lands owned by the plaintiff at an agreed price, and to account to plaintiff for the difference between said agreed price and the indebtedness secured by the mortgage.

The action was heard on defendants’ demurrer *ore tenus*to the complaint, on the ground that the facts stated therein are not sufficient to constitute a cause of action. The demurrer was sustained.

From judgment dismissing the action, the plaintiff appealed to the Supreme Court.

*Watson & Fonts for plaintiff.*

*W. G. Berry and J. W. Ragland for defendants.*

Connor, J.

On the allegations of his complaint, the plaintiff was the owner of an equity in the lands described therein, at the time he and defendants entered into the contract alleged in the complaint. R. N. Huslrins, who had executed the mortgage to the Avery County Bank, under which the lands were advertised for sale, owned the equity of redemption in said lands, but by reason of his agreement with the plaintiff at the time he purchased the lands at the sale under the mortgage executed by the plaintiff, he held said equity of redemption in trust for the plaintiff. See *Peterson v. Taylor, post,*673. The plaintiff did not convey the lands to R. N. Huskins. For that reason *Gaylord v. Gaylord,*150 N. C., 222, 63 S. E., 1028, has no application to this case. This aspect of the ease is controlled by the principle on which *Avery v. Stewart,*136 N. C., 426, 48 S. E., 775, was decided. See, also, *McNinch v. Trust Co.,*183 N. C., 33, 110 S. E., 663.

Conceding that the contract between the plaintiff and the defendants, as alleged in the complaint, is subject to the statute of frauds, there was error in sustaining the demurrer. In *Real Estate Co. v. Fowler,*191 N. C., 616, 132 S. E., 575, it is said: “Verbal contracts relating to the sale and conveyance of lands are not void, but voidable, and the statute of frauds must be pleaded. It cannot be set up by demurrer.” The judgment dismissing the action is

Reversed.
<PAGE>

                                                                    EXHIBIT 12.1

                         DECRANE AIRCRAFT HOLDINGS, INC.
                 COMPUTATION OF EARNINGS TO FIXED CHARGES RATIOS
                             (DOLLARS IN THOUSANDS)

<TABLE>
<CAPTION>

                                                                   YEAR ENDED DECEMBER 31,
                                            --------------------------------------------------------------------
                                                                            1998
                                                                 ---------------------------
                                                                 EIGHT MONTHS   FOUR MONTHS
                                                                     ENDED         ENDED
                                                                  AUGUST 31,   DECEMBER 31,
                                               1996       1997       1998          1998       1999       2000
                                            ---------  ---------  ---------      --------   --------   --------
                                                      (PREDECESSOR)                        (SUCCESSOR)
<S>                                         <C>        <C>        <C>            <C>        <C>        <C>
EARNINGS:
Income (loss) before provision for income
   taxes and extraordinary item ..........  $    (105) $   8,598  $   6,081      $ (2,992)  $ (3,418)  $  9,884
Minority interest in income of subsidiary
   with fixed charges ....................        193        112         48            82        197        228
Fixed charges ............................      4,785      3,842      3,117         7,217     29,123     42,923
                                            ---------  ---------  ---------      --------   --------   --------
   Total earnings ........................  $   4,873  $  12,552  $   9,246      $  4,307   $ 25,902   $ 53,035
                                            =========  =========  =========      ========   ========   ========

FIXED CHARGES:
Interest expense, including amortization of
   debt discounts and issuance costs (1)..  $   4,248  $   3,154  $   2,350      $  6,852   $ 27,918   $ 41,623
Interest component of rentals (2)  .......        537        688        767           365      1,205      1,300
                                            ---------  ---------  ---------      --------   --------   --------
   Total fixed charges ...................  $   4,785  $   3,842  $   3,117      $  7,217   $ 29,123   $ 42,923
                                            =========  =========  =========      ========   ========   ========

RATIO OF EARNINGS TO FIXED CHARGES:
Ratio ....................................        1.0x       3.3x       3.0x           --         --        1.2x
Deficiency ...............................  $      --  $      --  $      --      $  2,910   $  3,221   $     --
</TABLE>
--------------------------
(1) None capitalized
(2) Reflects one-third of rental expense under operating leases considered to
represent interest costs.