alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 61, Number 109 (Wednesday, June 5, 1996)]
[Notices]
[Page 28597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14073]



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


DEPARTMENT OF JUSTICE

Notice Pursuant to the National Cooperative Research and 
Production Act of 1993; Southwest Research Institute Transguide System 
Media Services Software Project

    Notice is hereby given that, on March 8, 1996, pursuant to section 
6(a) of the National Cooperative Research and Production Act of 1993, 
15 U.S.C. 4301 et seq. (``the Act''), the Southwest Research Institute, 
on behalf of the Transguide System Media Services Software Project, has 
filed written notifications simultaneously with the Attorney General 
and the Federal Trade Commission disclosing changes in its membership. 
The notifications were filed for the purpose of extending the Act's 
provisions limiting the recovery of antitrust plaintiffs to actual 
damages under specified circumstances. Specifically, the changes are as 
follows: Metro Networks Ltd., San Antonio, TX has been added to the 
venture.
    On August 23, 1995, the Southwest Research Institute, on behalf of 
the Transguide System Media Services Software Project, filed its 
original notification pursuant to section 6(a) of the Act. The 
Department of Justice published a notice in the Federal Register 
pursuant to section 6(b) of the Act on December 5, 1995 (60 FR 62262).
Constance K. Robinson,
Director of Operations, Antitrust Division.
[FR Doc. 96-14073 Filed 6-4-96; 8:45 am]
BILLING CODE 4410-01-M
**EXHIBIT 32.2**

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the Quarterly Report of Jamba, Inc. (the “Company”) on Form 10-Q forthe quarter ended July 24, 2007, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Donald D. Breen, Senior Vice President and Chief Financial Officer of the Company, certify, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (“Section 906”), that: 

(1) The Report fully complies with the requirements of section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m); 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: August 31, 2007 

*A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronicversion of this written statement required by Section 906, has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.*
#### STATE of Missouri, Respondent, v. Verlin D. PARIS, Appellant.

No. WD 46160.

Missouri Court of Appeals, Western District.

Aug. 10, 1993.

Raymond L. Legg, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before TURNAGE, P.J., and BRECKENRIDGE and SPINDEN, JJ.

*ORDER*

PER CURIAM.

Appeal from convictions of murder in the second degree, § 565.021.1, RSMo 1986, and armed criminal action, § 571.015.1, RSMo 1986, and from consecutive prison terms of fifteen and five years.

Judgment affirmed pursuant to Rule 30.-25(b).
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

MICHAEL PARTON, )

)

Appellant, )

)

v. ) Case No. 2D18-111

)

STATE OF FLORIDA, )

)

Appellee. )

___________________________________)

Opinion filed May 23, 2018.

Appeal pursuant to Fla. R. App. P.

9.141(b)(2) from the Circuit Court 

for DeSoto County; Kimberly Bonner, 

Judge.

PER CURIAM.

Affirmed. See Parton v. Fla. Dep't of Corr., 226 So. 3d 820 (Fla. 1st DCA 

2017).

BLACK, SALARIO, and ROTHSTEIN-YOUAKIM, JJ., Concur.
**Exhibit 32**

 

**Certificate pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to**

**Section 906 of the Sarbanes-Oxley Act of 2002**

 

In connection with the Quarterly Report of FirstBankFinancial Services, Inc. (the “Company”) on Form 10-Q for the period ending September 30, 2007, as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I,Thaddeus M. Williams, Chief Executive Officer of the Company, and I, Lisa J.Maxwell, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.§ 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

 

1.                                       To myknowledge, the Report fully complies with the requirements of section 13(a) or15(d) of the Securities Exchange Act of 1934; and

 

2.                                       The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 
|              | /s/ Thaddeus M. Williams                     |   |
|-------------------|----------------------------------------------|--------|
|              | Thaddeus M. Williams President and C.E.O.    |
|              | (Principal Executive Officer)                |
|              |                                         |
|              |                                         |
|              | /s/ Lisa J. Maxwell                          |   |
|              | Lisa J. Maxwell, C.F.O.                      |
|              | (Principal Financial and Accounting Officer) |
|              |                                         |
|              |                                         |
| November 14, 2007 |

 

1

----
Exhibit 10.57
 EMPLOYMENT AGREEMENT
Effective as of February 4, 2008 between
AFC Enterprises, Inc. (the Company) and
Richard Lynch (Employee)
    Term of Agreement.
   Employment.
 Position.
 Time and Efforts.




---



##### 



Base Salary.
  Incentive Pay and Special Bonus Pay.
 Annual Plan.
 Target Incentive Pay.
 Payment of Incentive Pay.
 Termination of Employment.
 2




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##### 



Special Bonus Pay
 Relocation and Temporary Living Expenses
 Stock Options and Restricted Stock Grants.
      3




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##### 



Employee Benefits.
 Life Insurance.
 Disability Insurance.
    4




---



##### 



Employee Medical Benefit.
 Other Benefits.
  Vacation.
 Paramount Provisions
   5




---



##### 



Business Expenses.
  Termination of Employment.
 Definitions.
      6




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##### 



Termination upon Death or Disability.
 Termination by the Company without Cause or Employees Resignation for a
Constructive Discharge.
 7




---



##### 



Voluntary Termination by Employee or Termination for Cause.
    Change of Control, Change in Responsibilities.
 both
  8




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##### 



Confidentiality and Non-Competition.
 Definitions.
      9




---



##### 



Covenant Not-To-Disclose
         10




---



##### 



Covenant of Non-Disparagement and Cooperation.
 Covenant Not-To-Induce.
 Remedies.
 Severability.
 Ownership of Property.
 11




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##### 



No Defense.
 Gross Up Payment.
 12




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##### 



Indemnification and Liability Insurance.
 Company Obligations.
 Notice and Defense of Claim.
 Survival.
 Liability Insurance.
 Dispute Resolution.
 Agreement to Arbitrate.
 13




---



##### 



Procedure.
 Rights of Parties.
 14.
    
    Employee Acknowledgment.
 14




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##### 



Amendments.
  Successors.
  Assignment.
  Waiver.
  Severability.
  Survival.
 15




---



##### 



Entire Terms.
  Notices.
   
  
  Headings.
  Governing Laws.
 16




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##### 



Compliance with § 409A of the Code.
 [SIGNATURE PAGE FOLLOWS]
 17




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##### 



COMPANY:AFC ENTERPRISES, INC.By:
    
    /s/ John M. Cranor, IIIJohn M. Cranor, III
Chairman of the BoardEMPLOYEE:/s/ Richard LynchRichard Lynch
 18
[Federal Register Volume 61, Number 90 (Wednesday, May 8, 1996)]
[Notices]
[Page 20875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11497Filed]



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


DEPARTMENT OF TRANSPORTATION

Notice of Extension of Draft Clean Air Act, General Conformity 
Determination; Comment Period for Seattle-Tacoma International Airport, 
Seattle, WA

ACTION: The Federal Aviation Administration, Airports Division, 
Northwest Mountain Region and the Port of Seattle, Seattle, Washington, 
announce an extension, to May 23, 1996, of the public and agency 
comment period associated with the Draft General Conformity 
Determination prepared as specified in Section 176(c) (42 USC 7506c) of 
the Clean Air Act Amendments of 1990. The Draft General Conformity 
Determination, and supporting documentation is contained in the 
February 1996, Final Environmental Impact Statement, Master Plan 
Update, Seattle-Tacoma International Airport.

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

    This comment period extension applies only to comments pertaining 
exclusively to the Draft General Conformity Determination and no other 
issues. Comments on other issues will not be accepted or addressed.

PUBLIC REVIEW: The public is invited to review and comment on the Draft 
Conformity Determination. Copies of the FEIS are available for review 
at the following locations:

Federal Aviation Administration, Airports Regional Office, Room 540, 
1601 Lind Avenue, SW, Renton, WA
Port of Seattle, Aviation Planning, 3rd floor--Room 301, Terminal 
Building, Sea-Tac Airport, and Pier 69 Bid Office, 2711 Alaskan Way, 
Seattle
Puget Sound Regional Council, Information Center, 1011 Western 
Avenue, Seattle
Beacon Hill Library, 2519--1st Avenue, South, Seattle
Boulevard Park Library, 12015 Roseberg South, Seattle
Seattle Public Library, 1000--4th Avenue, Seattle
Magnolia Library, 2801--34th Ave W, Seattle
Rainier Beach Library, 9125 Rainier Avenue S., Seattle
Bothell Regional Library, 9654 NE 182nd, Bothell
Burien Library, 14700--6th SW, Burien
Des Moines Library, 21620--11th South, Des Moines
Federal Way Regional Library, 34200--1st South, Federal Way
Foster Library, 4205 South 142nd, Tukwila
Kent Regional Library, 212--2nd Ave N, Kent
Vashon Ober Park, 17210 Vashon Highway, Vashon
Tacoma Public Library, 1102 Tacoma Ave S., Tacoma
University of Washington, Suzallo Library, Government Publications, 
Seattle
Valley View Library, 17850 Military Road South, SeaTac
West Seattle Library, 2306--42nd Ave SW, Seattle
Bellevue Regional Library, 1111--110th Ave NE, Bellevue

    Comments may be directed to: Mr. Dennis Ossenkop, Northwest 
Mountain Region, Airports Division, Federal Aviation Administration, 
1601 Lind Avenue, S.W., Renton, Washington 98055-4056. Comments must be 
received by May 23, 1996.

    Issued in Renton, Washington on May 1, 1996.
Lowell H. Johnson,
Manager, Airports Division, Federal Aviation Administration, Northwest 
Mountain Region, Renton, Washington.
[FR Doc. 96-11497Filed 5-7-96; 8:45 am]
BILLING CODE 4910-13-M
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Dennis I. Wilenchik, #005350

The Wilenchik & Bartness Building

2810 North Third Street

Phoenix, Arizona 85004

admin@wb-law.com

Leo R. Beus, #002687

BEUS GILBERT PLLC

701 North 44th Street

Phoenix, Arizona 85008

lbeus@beusgilbert.com

Attorneys for Wyo Tech Investment Group, LLC

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Wells Fargo Bank, N.A.,

Plaintiff,

v.

WYO TECH Investment Group, LLC; CWT 

Canada II Limited Partnership; Resources 

Recovery Corporation; and Jean Noelting,

Defendants.

Case No.: 2:17-CV-04140-DWL

NOTICE OF SERVICE OF 

DISCOVERY RESPONSES 

Defendant WYO TECH Investment Group, by and through undersigned counsel, hereby 

gives notice, pursuant to L.R.CIV.P. 5.2 and Fed. R. Civ. P. 5(d), that it has supplemented its 

Mandatory Initial Discovery Responses and sent a copy of the same, via email and U.S. Mail, 

First Class, to the following:

J. Henk Taylor

Ryan Rapp & Underwood, P.L.C.

3200 N. Central Ave., Ste. 2250

Phoenix, Arizona 85012

htaylor@rrulaw.com

Case 2:17-cv-04140-DWL Document 171 Filed 07/02/19 Page 1 of 3
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Jeffrey M. Eilender

Bradley J. Nash

Joshua Wurtzel

Schlam Stone & Dolan LLP

26 Broadway

New York, New York 10004

jeilender@schlamstone.com

bnash@schlamstone.com

jwurtzel@schlamstone.com

Attorneys for Defendants CWT Canada II Limited Partnership,

Resource Recovery Corporation, and Jean Noelting

DATED July 2, 2019.

WILENCHIK & BARTNESS, P.C.

/s/ Dennis I. Wilenchik

Dennis I. Wilenchik, Esq.

The Wilenchik & Bartness Building

2810 North Third Street

Phoenix, Arizona 85004

Attorneys for Wyo Tech Investment Group, LLC

Case 2:17-cv-04140-DWL Document 171 Filed 07/02/19 Page 2 of 3
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CERTIFICATE OF SERVICE

I hereby certify that on July 1, 2019, the foregoing document was electronically 

transmitted to the Clerk’s Office using the CM/ECF System for filing and transmittal of a Notice 

of Electronic Filing to the individuals registered.

By: s/ Wendy L. Echols

Case 2:17-cv-04140-DWL Document 171 Filed 07/02/19 Page 3 of 3
## State of N ew York Su p reme Cou rt, A p p ellate Division Third J u dicial Dep artment Decided and Entered: April 30, 2015 519383

________________________________ In the Matter of LARRY GROSS, Petitioner,
v ALBERT PRACK, as Director of MEMORANDUM AND JUDGMENT Special Housing and Inmate Disciplinary Programs, Respondent.

________________________________ Calendar Date: February 24, 2015 Before: Peters, P.J., Lahtinen, Garry and Egan Jr., JJ.

__________ Larry Gross, Marcy, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.

__________ Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules. Petitioner was charged in a misbehavior report with lewd behavior, stalking and refusing a direct order stemming from an incident involving a librarian at the correctional facility. Following a tier III disciplinary hearing, petitioner was found guilty of lewd behavior and refusing a direct order. Upon administrative review, the determination was modified to the extent that the penalty was reduced. This CPLR article 78 proceeding ensued.-2- 519383

We agree with petitioner that his conditional right to call witnesses was violated at the hearing. Although petitioner requested that his employee assistant interview three inmate witnesses who worked in the library, the record reflects no effort by the employee assistant to interview the potential witnesses or to report the results of those efforts to petitioner. When this issue was raised at the hearing and petitioner inquired about those witnesses, the Hearing Officer adjourned the hearing in order for the employee assistant to ascertain the witnesses' willingness to testify. Thereafter, the Hearing Officer denied the requested witnesses based upon the employee assistant's report that all three witnesses refused to testify. No inquiry was made by the Hearing Officer as to the reasons for those witnesses' refusal, no witness refusal forms were provided, and petitioner's employee assistant was not called to testify regarding the circumstances as to why the witnesses refused to testify. Accordingly, the Hearing Officer deprived petitioner of his right to call witnesses and the matter must be expunged (see Matter of Samuels v Fischer, 98 AD3d 776, 777 [2012]; Matter of Crosby v Selsky, 24 AD3d 990, 991 [2005]; see also Matter of Canty v Fischer, 107 AD3d 1194, 1195 [2013]). In light of the foregoing, petitioner's remaining contentions need not be addressed. Peters, P.J., Lahtinen, Garry and Egan Jr., JJ., concur.

ADJUDGED that the determination is annulled, without costs, petition granted and the Commissioner of Corrections and Community Supervision is directed to expunge all references to this matter from petitioner's institutional record and restore any loss of good time.

ENTER:

Robert D. Mayberger Clerk of the Court
|   | 1. | The Report fully complies with 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 result of operations of the Company. |
|--------|----|-----------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:   April 20, 2011 | /s/ Richard Leimbach                                            |
|----------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                             | Richard Leimbach                                                                                                                                                                                                                                                                       |
|                             | Chief Financial Officer                                                                                                                                                                                                                                                                |
|                             |                                                                                                                                                                                                                                                                                   |
##### 



Exhibit 10.20
 ATMI, Inc.
Executive Management Restricted Stock Grant Agreement
 Company employee Participant
 Plan
    Grant of Restricted Stock Restricted Stock Common Stock
 Grant Date Grant
Date
 Incorporation of Plan
 Vesting
 Theoretical Maximum Provisionally Vested Restricted Stock




---



##### 



Vesting Date
 Percentage of Total Shares ofProvisionally Vested Restricted Stock
    
    Vesting Date25%
    
    Date of determination of the number shares of
Provisionally Vested Restricted Stock (as set
forth in paragraph (a) above)25%
    
    Second anniversary of Grant Date25%
    
    Third anniversary of Grant Date25%
    
    Fourth anniversary of Grant Date
 Restrictions on Transferability
 Termination of Employment
 -2-




---



##### 



Issuance of Shares
     Dividends, etc
 Delays or Omissions
 -3-




---



##### 



Right of Discharge Preserved
 Integration
 Counterparts
 Governing Law
 Obligation to Notify
 Participant Acknowledgment
  -4-




---



##### 



ATMI, INC.By: Douglas A. Neugold
Title: Chief Executive Officer[Participant]
 -5-




---



##### 



Exhibit 10.20
 Exhibit A
 ATMI, INC.
2003 STOCK PLAN
(as amended May 21, 2003)
 Purpose
   Administration
 Board of Directors and the Committee




---



##### 



Compliance with Section 162(m) of the Code
 Eligibility
 Incentive Stock Options
 Non-Qualified Options, SARs and Restricted Stock
 Generally
 Stock Subject to Plan
  -2-




---



##### 



Granting of Options and SARs
  Provisions Applicable to Options and SARs
 Purchase Price and Shares Subject to Options and SARs
    -3-




---



##### 



Duration of Options and SARs
 Exercise of Options and SARs
   Nontransferability of Options and SARs
 Effect of Termination of Employment or Death on Options and SARs
  -4-




---



##### 



Designation of Incentive Stock Options; Limitations
 Dollar Limitation
 -5-




---



##### 



10% Stockholder
    Conversion of Incentive Stock Options into Non-Qualified Options; Termination of
Incentive Stock Options
 Special Rules for Stock Appreciation Rights
 Grant
 Grant Price
 Exercise
 -6-




---



##### 



Form of Payment
 Fair Market Value
 Rights as a Stockholder
 Special Provisions Applicable to Options and SARs Granted to Covered Employees
   Restricted Stock
 Grants of Restricted Stock
 Conditions
     -7-




---



##### 



Nontransferability
 Effect of Termination of Employment or Death
 Requirements of Law
 Violations of Law
 -8-




---



##### 



Compliance with Rule 16b-3
 Recapitalization
  Reorganization
  No Special Employment or Other Rights
 -9-




---



##### 



Amendment of the Plan
  Withholding
  Effective Date and Duration of the Plan
 Effective Date
 Duration
 Governing Law
  -10-
* Pursuant to Local Rule 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 Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________ No. 95-20706 Summary Calendar

__________________ WILLIE D. ARMSTEAD, Plaintiff-Appellant,
versus JAMES A. COLLINS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION; JACK KYLE Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. CA-H-94-2140
- - - - - - - - - - February 8, 1996 Before HIGGINBOTHAM, DUHE’ and EMILIO M. GARZA, Circuit Judges. PER CURIAM: * Armstead appeals from the district court's order granting the defendants' motion for summary judgment in his civil rights action under 42 U.S.C. § 1983. He argues that the defendants violated his rights to due process, equal protection, and the Ex Post Facto Clause in calculating his parole eligibility and his parole review date. We have reviewed the record and the districtNo. 95-20706 -2- court's opinion and find no reversible error. Accordingly, we affirm for the reasons given by the district court. AFFIRMED.
SCPW-16-0000439

IN THE SUPREME COURT OF THE STATE OF HAWAI # I

NELSON WAIKIKI, JR., Petitioner,

vs.

STATE OF HAWAI # I, Respondent.

ORIGINAL PROCEEDING (CR. NO. 13-1-0428)

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.) Upon consideration of Petitioner Nelson Waikiki Jr.’s “Petition for Habeas Corpus,” filed on May 31, 2016, the documents attached thereto and submitted in support thereof, and the record, it appears that petitioner has alternative means to seek the requested relief and presents no special reason for this court to invoke its jurisdiction at this time. See Oili v. Chang , 57 Haw. 411, 412, 557 P.2d 787, 788 (1976) (the supreme court “will not exercise its original jurisdiction in habeas corpus proceedings when relief is available in a lower court and no special reason exists for invoking its jurisdiction”). Accordingly, IT IS HEREBY ORDERED that the petition for writ of habeas corpus is denied. Electronically Filed Supreme Court SCPW-16-0000439 14-JUN-2016 07:59 AMIT IS HEREBY FURTHER ORDERED that the appellate clerks’ office shall file the petition for writ of habeas corpus without payment of the filing fee. DATED: Honolulu, Hawai # i, June 14, 2016. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson

2