alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
|   |   |   |   |   |
|--------|--------|--------|--------|--------|

**UNITED STATES**

**SECURITIES AND EXCHANGE COMMISSION**

**Washington, D.C. 20549**

**FORM 10-Q/A**

 

**(Amendment #1)**

 

**(Mark One)**

 

x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE

SECURITIES EXCHANGE ACT OF 1934

For the quarterly period ended September 30, 2006

OR

o TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE

SECURITIES EXCHANGE ACT OF 1934

For the transition period from           to

Commission File No. 0-5890

 

|   | **GCI, INC.**                                          |   |
|--------|--------------------------------------------------------|--------|
|   | (Exact name of registrant as specified in its charter) |   |

 

|   | **State of Alaska**             |   | **91-1820757**      |   |
|--------|---------------------------------|--------|---------------------|--------|
|   | (State or other Jurisdiction of |   | (I.R.S Employer     |   |
|   | Incorporation or organization)  |   | Identification No.) |   |

 

|   |                                     | **2550 Denali Street** |       |      |   |
|--------|------------------------------------------|------------------------|------------|-----------|--------|
|   |                                     | **Suite 1000**         |       |      |   |
|   |                                     | **Anchorage, Alaska**  |       | **99503** |   |
|   | (Address of Principal Executive offices) |                   | (Zip Code) |      |
|        |                                          |                        |            |           |        |  |

 

Registrant’s telephone number, including area code: **(907) 868-5600**

 

Former name, former address and former fiscal year, if changed since last report

 

Indicate by check mark whether the registrant (l) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes x No o

 

Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, or a non-accelerated filer.  See definition of “accelerated filer and large accelerated filer” in Rule 12b-2 of the Exchange Act. (Check one):

 

| Large accelerated filer o | Accelerated filer o | Non-accelerated filer x |
|---------------------------|---------------------|-------------------------|

 

Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act).  Yes o No x

|   | 1 |
|--------|---|

 

----
#### Fred Staples, Respondent, v. Stephen Chubb, Appellant.

Judgment and order affirmed, with costs. All concurred, except Williams, J., who dissented for the reason of error in charge.
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
      THIS SCHEDULE  CONTAINS SUMMARY FINANCIAL  INFORMATION  EXTRACTED FROM THE
      INTERIM  CONDENSED  CONSOLIDATED  STATEMENT  OF INCOME FOR THE NINE MONTHS
      ENDED SEPTEMBER 30, 1998 AND THE INTERIM  CONDENSED  CONSOLIDATED  BALANCE
      SHEET  AS OF  SEPTEMBER  30,  1998 AND IS  QUALIFIED  IN ITS  ENTIRETY  BY
      REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK>                         0000075679
<NAME>                        GCI, INC.
<MULTIPLIER>                                   1,000
       
<S>                                            <C>
<PERIOD-TYPE>                                  9-MOS
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-START>                                 JAN-01-1998
<PERIOD-END>                                   SEP-30-1998
<CASH>                                         7,499
<SECURITIES>                                   0
<RECEIVABLES>                                  40,692
<ALLOWANCES>                                   1,000
<INVENTORY>                                    2,397
<CURRENT-ASSETS>                               57,627
<PP&E>                                         383,115
<DEPRECIATION>                                 77,805
<TOTAL-ASSETS>                                 630,014
<CURRENT-LIABILITIES>                          48,118
<BONDS>                                        338,693
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       206,622
<OTHER-SE>                                     (7,651)
<TOTAL-LIABILITY-AND-EQUITY>                   630,014
<SALES>                                        0
<TOTAL-REVENUES>                               183,859
<CGS>                                          0
<TOTAL-COSTS>                                  86,360
<OTHER-EXPENSES>                               89,718
<LOSS-PROVISION>                               2,167
<INTEREST-EXPENSE>                             15,450
<INCOME-PRETAX>                                (9,084)
<INCOME-TAX>                                   (3,326)
<INCOME-CONTINUING>                            (5,758)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (5,758)
<EPS-PRIMARY>                                  (57,580)
<EPS-DILUTED>                                  (57,580)
        

</TABLE>
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

Robert E. Kernan, Jr., Chairman of the Board and Chief Executive Officer and Menzo D.
Case, President and Chief Financial Officer of Seneca-Cayuga Bancorp, Inc. (the Company) each certify in their capacity as officers of the Company that they have reviewed the annual report of the Company on Form 10-KSB for the year ended
December 31, 2007 and that to the best of their knowledge:



|1. | the report fully complies with the requirements of Sections 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 26, 2008 |  |  |  | /s/ Robert E. Kernan, Jr.            |  | 
|Date           |  |  |  | Robert E. Kernan, Jr.                |  | 
|               |  |  |  | Chairman and Chief Executive Officer |  | 



|               |  |  |  |                                       |  | 
|-------------- |  |  |  | ------------------------------------- |  | 
|March 26, 2008 |  |  |  | /s/ Menzo D. Case                     |  | 
|Date           |  |  |  | Menzo D. Case                         |  | 
|               |  |  |  | President and Chief Financial Officer |  | 

The purpose of this statement is solely to comply with Title 18, Chapter 63, Section 1350 of the United
States Code, as amended by Section 906 of the Sarbanes-Oxley Act of 2002.

A signed original of this written statement required by Section 906
has been provided to Seneca-Cayuga Bancorp, Inc. and will be retained by Seneca-Cayuga Bancorp, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
18302.

#### Swinson *v.*Swinson.

Argued September 14, 1953

Decided October 14, 1953.

*Nelson & Nelson, Carl K. Nelson,*for plaintiff in error.

*Lester F. Watson,*contra.

Duckworth, Chief Justice.

1. An order granting temporary alimony is always in the breast of the court, and the court is authorized at any time, in the exercise of a sound discretion, to revise or revoke such an order. Code § 30-204; *Alford*v. Alford, 190 *Ga. 562*(9 S. E. 2d 895); *Williams*v. *Williams,*194 *Ga.*332 (21 S. E. 2d 229); *Braswell*v. *Braswell,*198 *Ga.*753 (32 S. E. 2d 773); *Williams*v. *Williams,*206 *Ga.*341 (57 S. E. 2d 190).

2. Where temporary alimony was granted to the wife after a hearing, and a petition by the husband to modify this award was duly filed and heard in which there were no allegations or evidence submitted of any changes in conditions since the judgment, of excessiveness or inability of the defendant to pay, of resumption of cohabitation, of prior or subsequent adultery, or of a prior undissolved marriage of the wife, but merely allegations and evidence of attempts by the wife and her family to start a quarrel with the petitioner since the award, in which he was intimidated and abused, said conduct being “an index to the cruel and inhumane treatment” which he has suffered during their married life and a continuation of the same — the court abused its discretion in modifying the previous award, since there were no allegations or evidence sufficient to authorize such a modification. *Pinckard*v. *Pinckard,*23 *Ga.*286; *Wester*v. *Martin,*115 *Ga.*776 (42 S. E. 81); *Jennison*v. *Jennison,*136 *Ga.*202 (71 S. E. 244); *Hemphill*v. *Hemphill,*172 *Ga.*387 (157 S. E. 637); *Williams*v. *Williams,*194 *Ga.*332 (supra); *Williams*v. *Williams,*206 *Ga.*341 (supra).

*Judgment reversed.*

*All the Justices concur.*
CERTIFICATE OF AMENDMENT
                                       OF
                          CERTIFICATE OF INCORPORATION
                                       OF
                           MOLECULAR DIAGNOSTICS, INC.

                            (Pursuant to Section 242
            of the General Corporation Law of the State of Delaware)


      Molecular Diagnostics,  Inc. (the "Corporation"),  a corporation organized
and existing under and by virtue of the General  Corporation Law of the State of
Delaware, does hereby certify as follows:

      1.  That at a  meeting  of the  Board  of  Directors  of the  Corporation,
resolutions  were  adopted   recommending  an  amendment  of  the  Corporation's
Certificate  of  Incorporation  (as  amended  to date) and  directing  that such
amendment  be  considered  at the  annual  meeting  of the  stockholders  of the
Corporation. The text of the proposed amendment is as follows:

      Article FOURTH of the  Certificate  of  Incorporation  of the  Corporation
      shall be amended by  deleting  Section  4.1  thereof in its  entirety  and
      substituting therefor the following:

            "Section  4.1.  The  total  number  of  shares  of stock  which  the
      Corporation   is   authorized  to  issue  is  Three  Hundred  Ten  Million
      (310,000,000),  comprised of Three Hundred Million (300,000,000) shares of
      common  stock,  $0.001 par value per share,  and Ten Million  (10,000,000)
      shares of preferred stock, $0.001 par value per share."

      2. That said  amendment,  having been duly proposed and recommended by the
Board of Directors of the Corporation, was considered by the stockholders of the
Corporation  at the annual  meeting of  stockholders,  duly called and held upon
notice in  accordance  with  Section 222 of the General  Corporation  Law of the
State of Delaware.

      3. That said  amendment was duly adopted,  by the holders of a majority of
the outstanding stock of each class of stock of the Corporation entitled to vote
thereon,  in  accordance  with the  provisions  of  Section  242 of the  General
Corporation Law of the State of Delaware.



<PAGE>


         The  undersigned   President  of  the  Corporation  hereby  makes  this
certificate, declaring and certifying that the facts stated herein are true, and
accordingly has hereunto set his hand this 5th day of August, 2004.


                                      MOLECULAR DIAGNOSTOCS, INC.


                                      By:   /s/ Denis M. O'Donnell, M.D.
                                            ----------------------------
                                            Denis M. O'Donnell, M.D., President

Attest:


/s/ Peter P. Gombrich
----------------------------
Peter P. Gombrich, Secretary
#### LOGWOOD v. GRAND LODGE, K. P.*

No. 14549.

Court of Appeal of Louisiana. Orleans.

May 22, 1933.

Prank B. Smith, of New Orleans, for appellant.

Fred G. Yeith, of New Orleans, for ap-pellee.

*

Rehearing denied June 12, 1333. Writ of certiorari denied July 14, 1933.

JANVIER, Judge.

Plaintiff, Lavinia Gibbs, alleges that she is the widow of Benjamin Logwood, who has died. Asserting that she is named beneficiary in a policy of fraternal insurance issued by defendant on his life and that payment under the policy has been refused, she claims the proceeds thereof.

The defense, as we find it in the pleadings, is that the said Logwood, by proper application to defendant, caused the issuance of a substitute policy in which his second wife, Loulla Benedict Logwood, was named beneficiary.

When the matter came up for trial, defendant was not prepared to produce evidence tending to show that the said Logwood had applied for, and obtained, the substitute policy in which Loulla Benedict Logwood was named beneficiary. Counsel for defendant requested the court to allow him further time to produce documents proving that the application for the substitute policy had been made, but the district court ruled that since whether or not the substitution had been requested and made was the main issue involved, and since the case had been set down for trial on several previous occasions, defendant and defendant’s counsel should have been ready to offer that essential proof immediately and should not have attempted to require the district court to wait for the said evidence. In ruling on this offer the trial judge said;

> “We have been waiting all day to try the case, and this is not the first time the case has been up, you know. I have other business here. I cannot hold up the submission of the case while you send for a document that you should have had with you when you came to court.”

 That a district judge may use discretion in matters involving continuances and delays is well settled and where, as here, the sole issue is known to the parties when the case is called for trial, and where, in fact, the case has been several times called for trial, the parties should be ready to present-their evidence and should not expect the court to grant them additional time to send for or look for documents which they have not with them in court. The matter being purely within the discretion of the district court, and we being of the opinion that that discretion was not abused, we will not reverse the judgment on this point.

The judgment appealed from is affirmed.

Affirmed.
DENY and Opinion Filed July 14, 2022

In the

Court of Appeals

Fifth District of Texas at Dallas

No. 05-22-00425-CV

IN RE JOHN MICHAEL FITZPATRICK, Relator

Original Proceeding from the 429th Judicial District Court

Collin County, Texas

Trial Court Cause No. 429-50901-2020

MEMORANDUM OPINION

Before Justices Schenck, Reichek, and Carlyle

Opinion by Justice Carlyle

Relator’s May 4, 2022 petition for writ of mandamus challenges the trial 

court’s “Temporary Orders Pending Appeal.” Entitlement to mandamus relief 

requires relator to show that the trial court clearly abused its discretion and that he 

lacks an adequate appellate remedy. In re Copart, Inc., 619 S.W.3d 710, 713 (Tex. 

2021) (orig. proceeding) (citing In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 

(Tex. 2004) (orig. proceeding)).

After reviewing the petition and the record before us, we conclude that relator 

has not shown his entitlement to the relief requested. See TEX. R. APP. P. 52.8(a). 
–2–

Accordingly, we deny the petition for writ of mandamus.

220425f.p05 /Cory L. Carlyle/ 

CORY L. CARLYLE

JUSTICE
Document

DESCRIPTION OF WABTEC COMMON STOCK REGISTERED PURSUANT TO 
SECTION 12 OF THE SECURITIES EXCHANGE ACT OF 1934
The rights of holders of Common Stock are governed by, as applicable, Delaware law, the Restated Certificate of Incorporation of Wabtec, as amended (the “Wabtec Charter”) and the Bylaws of Wabtec, as amended (the “Wabtec Bylaws”).  The Wabtec Charter and the Wabtec Bylaws are each incorporated by reference into this Annual Report on Form 10-K. 
The following description of the Common Stock does not purport to be complete and is subject to, and qualified in its entirety by reference to, as applicable, the complete text of the Wabtec Charter and the Wabtec Bylaws.
General
As of the date hereof, Wabtec’s authorized capital stock consists of 501,000,000 shares of capital stock, consisting of up to 500,000,000 shares of Common Stock and up to 1,000,000 shares of preferred stock, par value $0.01 per share, in one or more series. As of February ___, 2020, there were [162,817,600] shares of Common Stock issued and outstanding and Wabtec had reserved [1,951,722] additional shares of Common Stock for issuance under its stock compensation plans. As of February ___, 2020, there were no shares of preferred stock issued and outstanding.
Common Stock
Dividends. The holders of Common Stock are entitled to receive dividends when, as and if declared by the Wabtec board of directors, out of funds legally available for their payment subject to the rights of holders of Wabtec preferred stock.
Voting Rights. The holders of Common Stock are entitled to one vote per share on all matters submitted to a vote of Wabtec stockholders. There are no cumulative voting rights associated with the Common Stock.
Rights Upon Liquidation. In the event of Wabtec’s voluntary or involuntary liquidation, dissolution or winding up, the holders of Common Stock will be entitled to share equally in any of Wabtec’s assets available for distribution after the payment in full of all debts and distributions and after the holders of all series of the outstanding shares of Wabtec preferred stock have received their liquidation preferences in full.
Miscellaneous. The outstanding shares of Common Stock are fully paid and nonassessable. The holders of Common Stock are not entitled to preemptive or redemption rights. There are no sinking fund provisions applicable to the Common Stock. Shares of Common Stock are not convertible into shares of any other class of capital stock. EQ Shareowner Services is the transfer agent and registrar for the Common Stock.
Stock Exchange Listing. The Common Stock is listed on the New York Stock Exchange and trades under the symbol “WAB.”
#### James J. Garvey and John Garvey, Copartners, etc., Appellants, v. Eva T. Abbott, as Executrix, etc., of George B. Abbott, Deceased, Respondent.

Judgment of the Municipal Court affirmed, with costs. No opinion. Woodward, Hooker, Gaynor, Rich and Miller, JJ., concurred.
<PAGE>
                                                                               .
                                                                               .
                                                                               .
                                                                      EXHIBIT 11

                            RTW, INC. AND SUBSIDIARY
  STATEMENT REGARDING COMPUTATION OF BASIC AND DILUTED INCOME (LOSS) PER SHARE


<Table>
<Caption>
                                                                    2001              2002             2003
                                                                ------------      ------------     ------------
<S>                                                             <C>               <C>              <C>
BASIC WEIGHTED AVERAGE SHARES OUTSTANDING                          5,151,929         5,145,816        5,114,243

STOCK WARRANTS                                                            --                --               --

STOCK OPTIONS
      Options at $ 5.33                                                   --                --               41
      Options at $ 4.50                                                   --                --              259
      Options at $ 3.80                                                   --                --            2,189
      Options at $ 2.60                                                   --                --            4,507
      Options at $ 2.42                                                   --                --           30,535
      Options at $ 2.20                                                   --                --            6,915
      Options at $ 2.19                                                   --                --           53,098
      Options at $ 2.00                                                   --               353            1,005
      Options at $ 1.98                                                   --             7,680           83,592
                                                                ------------      ------------     ------------
WEIGHTED AVERAGE COMMON AND COMMON
      SHARE EQUIVALENTS OUTSTANDING                                5,151,929         5,153,849        5,296,384
                                                                ============      ============     ============
NET INCOME (LOSS) ($000'S)                                      $    (25,215)     $     14,319     $      6,999
                                                                ============      ============     ============
INCOME (LOSS) PER SHARE:
      BASIC INCOME (LOSS) PER SHARE                             $      (4.89)     $       2.78     $       1.37
                                                                ============      ============     ============
      DILUTED INCOME (LOSS) PER SHARE                           $      (4.89)     $       2.78     $       1.32
                                                                ============      ============     ============
</Table>