alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. R. 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that this opinion should not be published and is not precedent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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-10056

Summary Calendar

 

JONATHAN MARSHALL, SR.,

Plaintiff-Appellant,

versus

UNITED STATES OF AMERICA; STATE OF TEXAS,

Defendants-Appellees.

 

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:97-CV-2335-H

 

July 24, 1998

Before JOLLY, HIGGINBOTHAM and DeMOSS, Circuit Judges.

PER CURIAM:*

Jonathan Marshall, Sr., Texas prisoner # 96032321, seeks

leave to proceed in forma pauperis in the appeal of the dismissal

of his civil rights complaint. The district court certified,

pursuant to 28 U.S.C. § 1915(a)(3), that Marshall’s appeal was

not taken in good faith. Marshall’s motion for IFP status is
2

treated as a challenge to the district court’s certification. 

See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997).

Because Marshall fails to show that he will raise a

meritorious issue on appeal, his motion to proceed IFP is DENIED. 

See Carson v. Polley, 689 F.2d 562, 586 (5th Cir. 1982). 

The district court did not err in certifying that Marshall’s

appeal was frivolous and not taken in good faith. Accordingly,

the appeal is DISMISSED as frivolous. See Howard v. King, 707

F.2d 215, 219-20 (5th Cir. 1983); Baugh, 117 F.3d at 202 n.24

(5th Cir. 1997); 5th Cir. R. 42.2.

Because the appeal is dismissed as frivolous, Marshall’s

motions for preparation of the record at the Government’s expense

and for immediate release are DENIED as moot.

MOTIONS DENIED; APPEAL DISMISSED.
exv10w7



 






EXHIBIT 10.7




TABLE OF 2005 BASE SALARIES FOR EXECUTIVE OFFICERS OF THE COMPANY




EFFECTIVE MARCH 1, 2005




	 	 	 	 	 
	Name and Position	 	2005 Base Salary	 
	I. Jon Brumley, Chairman of the Board and Chief Executive Officer
	 	$	500,000	 
	 
	 	 	 	 
	Jon S. Brumley, President
	 	$	375,000	 
	 
	 	 	 	 
	Roy W. Jageman, Executive Vice President, Chief Financial Officer,
Treasurer and Corporate Secretary
	 	$	250,000	 
	 
	 	 	 	 
	Tom H. Olle, Senior Vice President — Asset Management
	 	$	235,000	 
	 
	 	 	 	 
	Robert S. Jacobs, Senior Vice President — Business Development and Planning
	 	$	215,000	 
	 
	 	 	 	 
	Donald P. Gann, Jr., Senior Vice President — Operations
	 	$	215,000
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     THIS SCHEDULE  CONTAINS SUMMARY  FINANCIAL  INFORMATION  EXTRACTED FROM THE
BALANCE SHEET OF  PENN-PACIFIC  CORPORATION AS OF MARCH 31, 1999 AND THE RELATED
STATEMENTS  OF  OPERATIONS  AND CASH FLOWS FOR THE SIX MONTHS  THEN ENDED AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>                                   1000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              SEP-30-1999
<PERIOD-END>                                   MAR-31-1999
<CASH>                                         0
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               0
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 0
<CURRENT-LIABILITIES>                          28
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       95
<OTHER-SE>                                     (123)
<TOTAL-LIABILITY-AND-EQUITY>                   0
<SALES>                                        0
<TOTAL-REVENUES>                               0
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               3
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             2
<INCOME-PRETAX>                                (4)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (4)
<EPS-BASIC>                                  0
<EPS-DILUTED>                                  0


</TABLE>
|Item | Revised Growth Rates | Difference betweenrevised and earlier rates(percentage points)
|---- | -------------------- | --------------------------------------------------------------
|
|
|
|     |                      |                                                               
|2.5  | 3.3                  | 2.3                                                           
|     |                      |                                                               
|     |                     
|1.2  | 2.7                  | .4                                                            
|1.4  | .5                   | -1.0                                                          
|1.2  | 3.4                  | .9                                                            
|     |                      |                                                               
|5.3  | 7.0                  | 9.4                                                           
|-1.8 | 10.6                 | -2.1                                                          
|     |                      |                                                               
|2.3  | 4.5                  | 2.3                                                           
|2.1  | 3.3                  | 1.2                                                           
|     |                      |                                                               
|3.1  | 2.4                  | 2.4                                                           
|4.5  | 4.0                  | 2.7                                                           
|-.4  | -1.2                 | 1.7                                                           
|     |                      |                                                               
|     |                      |                                                               
|     |                     
|3.0  | 4.0                  | 2.5                                                           
|3.1  | 4.2                  | 2.7                                                           
|4.1  | 5.5                  | 4.4                                                           
|1.9  | 2.8                  | .8                                                            
|.8   | -.3                  | -1.0                                                          
|     |                      |                                                               
|-.6  | -1.3                 | 3.3                                                           
|1.4  | 2.1                  | -.6                                                           

`[1] The rates of change are calculated as the percent change in the annual averages of not seasonally
adjusted industrial production indexes, rather than as the percent change between the fourth
quarter of one year and the fourth quarter of the next.
Return to table
[2] See footnote 2 of table 3.`

Statistical releases

---

Home Economic research and data  Accessibility Contact Us  Last update: March 27, 2009
Exhibit 32.1

Certification of Chief Executive Officer and Principal Financial Officer

Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350)

In connection with the Annual Report on Form 10-K for the year ended December 31, 2006 (the Report) of Marathon Acquisition Corp. (the Registrant), as filed with the Securities and
Exchange Commission on the date hereof, I, Michael S. Gross, the Chief Executive Officer and Principal Financial Officer of the Registrant, hereby certify, to the best of 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, as amended; and

(2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the
Registrant.



/s/ Michael S. GrossName:

Michael S. GrossDate:

March 30, 2007
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-17-00206-CR

Michael Donte Dunn

v.

The State of Texas

§

§

§

§

§

From the 372nd District Court

of Tarrant County (1436656D)

August 23, 2018

Per Curiam

(nfp)

JUDGMENT

This court has considered the record on appeal in this case and holds that 

there was error in part of the trial court’s judgment. The judgment is modified to

reflect that Dunn was convicted of “attempted sexual assault.” It is ordered that 

the judgment of the trial court is affirmed as modified.

SECOND DISTRICT COURT OF APPEALS 

PER CURIAM
[Federal Register Volume 73, Number 171 (Wednesday, September 3, 2008)]
[Notices]
[Page 51498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20189]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Center for Scientific Review; Notice of Meeting

    Pursuant to section 10(a) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of 
the National Institutes of Health Peer Review Advisory Committee.
    The meeting will be open to the public, with attendance limited to 
space available. Individuals who plan to attend and need special 
assistance, such as sign language interpretation or other reasonable 
accommodations, should notify the Contact Person listed below in 
advance of the meeting.

    Name of Committee: National Institutes of Health Peer Review, 
Advisory Committee.
    Date: November 3, 2008.
    Time: 8:30 a.m. to 5 p.m.
    Agenda: Provide technical and scientific advice to the Director, 
National Institutes of Health (NIH) the Deputy for Extramural 
Research, NIH and the Director, Center for Scientific Review (CSR), 
on matters relating broadly to review procedures and policies for 
the evaluation of scientific and technical merit of applications for 
grants and awards.
    Place: Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 
Wisconsin Avenue, Bethesda, MD 20814.
    Contact Person: Cheryl A. Kitt, PhD, Center for Scientific 
Review, National Institutes of Health, 6701 Rockledge Drive, Room 
3030, MSC 7776, Bethesda, MD 20892, 301-435-1112, <a href="/cdn-cgi/l/email-protection#abc0c2dfdfc8ebc8d8d985c5c2c385ccc4dd"><span class="__cf_email__" data-cfemail="ee85879a9a8dae8d9d9cc0808786c0898198">[email protected]</span></a>.
    Any interested person may file written comments with the 
committee by forwarding the statement to the Contact Person listed 
on this notice. The statement should include the name, address, 
telephone number and when applicable, the business or professional 
affiliation of the interested person.

(Catalogue of Federal Domestic Assistance Program Nos. 93.306, 
Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 
93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, 
National Institutes of Health, HHS)

    Dated: August 25, 2008.
Jennifer Spaeth,
Director, Office of the Federal Advisory Committee Policy.
[FR Doc. E8-20189 Filed 9-2-08; 8:45 am]
BILLING CODE 4140-01-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
#### The People of the State of New York, Respondent, v Adam H. Bernstein, Appellant.

(Appeal No. 1.)

Judgment unanimously affirmed. Memorandum: Defendant pleaded guilty to one count each of grand larceny in the third degree (Penal Law § 155.35) and driving while intoxicated as a misdemeanor (Vehicle and Traffic Law § 1192 [3]), and was sentenced to five years’ and three years’ probation, respectively. He was ordered to spend the first 120 days of the felony probation sentence in the Monroe County Jail. The court also revoked defendant’s driver’s license, ordered him to make restitution in the amount of $39,089, and imposed a surcharge of $1,954.45.

Defendant was subsequently found to have violated the conditions of probation after he was seen driving an automobile at various locations in the City of Rochester. He was *843resentenced to concurrent terms of imprisonment of 1 to 4 years for the felony and one year for the misdemeanor. While incarcerated, defendant moved pursuant to CPL article 440 to vacate his original sentence. The motion was denied. These appeals are from the original judgment, the amended judgment and the order denying defendant’s application under CPL article 440. In each instance, we affirm.

It is conceded that the court erred in failing to specify the manner of performance and the date by which restitution was to have been paid in full *(see,*Penal Law § 65.10 [2] [g]; *see also, People v Fuller,*57 NY2d 152). While ordinarily we would remit the case to allow the sentencing court to correct the error *(see, People v DeFrancesco,*136 AD2d 560; *see also, People v Williams,*154 AD2d 945, *lv denied*75 NY2d 819; *People v Bentivegna,*145 AD2d 899; *People v West,*145 AD2d 980; *People v Dixon,*134 AD2d 877; *People v Minutoli,*128 AD2d 813, *lv denied*70 NY2d 651), it is unnecessary to do so here. Defendant violated a valid condition of probation unrelated to restitution and, upon resentencing, was relieved of the obligation to make restitution. Thus, remittal would serve no useful purpose.

Additionally, the court’s failure strictly to comply with the requirement of CPL 410.10 (1), that defendant "be given a written copy of the conditions [of probation] at the time sentence is imposed”, does not vitiate defendant’s conviction for violating probation. Defendant was told of the conditions at the time of sentencing. While incarcerated under the original sentence, he was given the conditions in writing. The record includes a copy of the written conditions containing defendant’s signature. There can be no doubt that defendant had notice of the precise conditions of probation prior to his release *(see, People v Nazarian,*150 AD2d 923, *lv denied*74 NY2d 744).

We have examined defendant’s remaining contentions, including those in his *pro se*brief, and find them to be without merit. (Appeal from judgment of Supreme Court, Monroe County, Corning, J.—grand larceny, third degree.) Present— Dillon, P. J., Callahan, Doerr, Pine and Lawton, JJ.
224 La. 585

#### HARRIS et al. v. PIERCE et al.

No. 40045.

Supreme Court of Louisiana.

Dec. 14, 1953.

Philip S. Finn, Jr., New Orleans, C. Cyril Broussard, Sulphur, for plaintiffs-appellants.

Harold L. Buchler, Willis C. McDonald, Metairie, for defendants-appellees.

PONDER, Justice.

Plaintiffs seek to enjoin the defendants from violating certain restrictive covenants running with the land and affecting their property. They also seek to have the structures which violate the restrictive covenants removed or made to conform to the specifications of the covenants. From a judgment in favor of the defendants the plaintiffs have appealed.

There is no' affirmative allegation or proof in the record that the amount in controversy or the right in contest exceeds the value of $2,000 'exclusive of interest. This court will not entertain the appeal even though no motion to dismiss has been made. Plauche v. Albert, 215 La. 776, 41 So.2d 677. The situation in this case is identical with the facts in Plauche v. Albert, supra, and under the authority of that case and the provisions of Act No. 19 of 1912, LSA-R.S. 13.4441, 13:4442, we are authorized to transfer the appeal to the Court of Appeal rather than dismiss it. See also Thalheim v. Gruhler, 216 La. 502, 43 So.2d 907.

For the reasons assigned, this case is ordered transferred to the Court of Appeal for the Parish of Orleans, provided that the record shall be filed in that court within 30 days from the date on which this decree shall become final; otherwise the appeal shall be dismissed. The appellants are to pay the costs of this appeal and all other costs are to await the final disposition of the case.
<PAGE>
                                                                    Exhibit 10.2

         AMENDMENT OF 1995 NONQUALIFIED STOCK OPTION PLAN FOR DIRECTORS


                               AMENDMENT NO. 2 TO
              1995 NONQUALIFIED STOCK OPTION PLAN FOR DIRECTORS OF
                           AMERICAN HOMEPATIENT, INC.

         Amendment No. 2 to 1995 Nonqualified Stock Option Plan for Directors
(the "Plan") of American HomePatient, Inc. (the "Corporation") as approved by
the Board of Directors of the Corporation on March 2, 2005.

         The Plan shall be amended by amending the first sentence of paragraph 7
thereof and replacing it with a new first sentence that shall be and read as
follows:

         "The Plan shall terminate at midnight on April 30, 2010."

         -End of Amendment-
<TABLE> <S> <C>

<ARTICLE> 5

<S>                          <C>
<PERIOD-TYPE>                3-MOS
<FISCAL-YEAR-END>                             DEC-31-2000
<PERIOD-START>                                JAN-01-2000
<PERIOD-END>                                  SEP-30-2000
<CASH>                                             19,109
<SECURITIES>                                        3,594
<RECEIVABLES>                                      31,427
<ALLOWANCES>                                        1,000
<INVENTORY>                                             0
<CURRENT-ASSETS>                                   76,020
<PP&E>                                          1,214,403
<DEPRECIATION>                                    145,873
<TOTAL-ASSETS>                                  1,215,949
<CURRENT-LIABILITIES>                              93,286
<BONDS>                                           385,929
<COMMON>                                              559
<PREFERRED-MANDATORY>                                   0
<PREFERRED>                                             0
<OTHER-SE>                                        656,184
<TOTAL-LIABILITY-AND-EQUITY>                    1,215,949
<SALES>                                           146,771
<TOTAL-REVENUES>                                  146,771
<CGS>                                                   0
<TOTAL-COSTS>                                     112,315
<OTHER-EXPENSES>                                        0
<LOSS-PROVISION>                                        0
<INTEREST-EXPENSE>                                  9,562
<INCOME-PRETAX>                                    25,661
<INCOME-TAX>                                       10,008
<INCOME-CONTINUING>                                15,653
<DISCONTINUED>                                          0
<EXTRAORDINARY>                                         0
<CHANGES>                                               0
<NET-INCOME>                                       15,653
<EPS-BASIC>                                           .35
<EPS-DILUTED>                                         .34



</TABLE>
exv10w7



 






Exhibit 10.7




Gladstone Commercial Corporation




Second Amendment to 2003 Equity Incentive Plan




RECITALS




     A. On June 10, 2003, the Board of Directors and stockholders of Gladstone Commercial
Corporation, a Maryland corporation (the
“Company”), adopted the 2003 Equity Incentive Plan
(the “Plan”).



     B. On July 17, 2003, the Board of Directors and stockholders of the Company approved the
Amendment No. 1 to the Plan.



     C. On March 9, 2004, the Board of Directors of the Company approved the following Second
Amendment to the Plan, which was ratified by the stockholders of the Company on May 26, 2004.



AMENDMENT





	1.  	Section 4(a) of the Plan shall be amended and restated in its entirety to read as follows:
	 
	   	“(a) Share Reserve. Subject to the provisions of Section 11(a) relating to
Capitalization Adjustments, the capital stock that may be issued pursuant to Stock
Awards shall not exceed nine hundred sixty thousand (960,000).”
	 
	2.  	Except as set forth in this Second Amendment, the Plan shall be unaffected hereby and shall
remain in full force and effect.
[Federal Register Volume 73, Number 24 (Tuesday, February 5, 2008)]
[Notices]
[Page 6726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2036]


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

FEDERAL RESERVE SYSTEM


Notice of Proposals to Engage in Permissible Nonbanking 
Activities or to Acquire Companies that are Engaged in Permissible 
Nonbanking Activities

    The companies listed in this notice have given notice under section 
4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and 
Regulation Y (12 CFR Part 225) to engage de novo, or to acquire or 
control voting securities or assets of a company, including the 
companies listed below, that engages either directly or through a 
subsidiary or other company, in a nonbanking activity that is listed in 
Sec. [thinsp]225.28 of Regulation Y (12 CFR 225.28) or that the Board 
has determined by Order to be closely related to banking and 
permissible for bank holding companies. Unless otherwise noted, these 
activities will be conducted throughout the United States.
    Each notice is available for inspection at the Federal Reserve Bank 
indicated. The notice also will be available for inspection at the 
offices of the Board of Governors. Interested persons may express their 
views in writing on the question whether the proposal complies with the 
standards of section 4 of the BHC Act. Additional information on all 
bank holding companies may be obtained from the National Information 
Center website at www.ffiec.gov/nic/.
    Unless otherwise noted, comments regarding the applications must be 
received at the Reserve Bank indicated or the offices of the Board of 
Governors not later than February 21, 2008.
    A. Federal Reserve Bank of St. Louis (Glenda Wilson, Community 
Affairs Officer) 411 Locust Street, St. Louis, Missouri 63166-2034:
     1. Evolve Financial Group, Inc., Cordova, Tennessee; to acquire 
100 percent of the voting shares of AFS Investment Advisors, Inc., 
Austin, Texas, and thereby engage in investment advisory activities, 
pursuant to section 225.28(b)(6)(i) of Regulation Y.

    Board of Governors of the Federal Reserve System, January 31, 
2008.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. E8-2036 Filed 2-4-08; 8:45 am]
BILLING CODE 6210-01-S