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

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1962 Introduced in House (IH)]

107th CONGRESS
  1st Session
                                H. R. 1962

 To amend title 10, United States Code, to modify the time for use by 
 members of the Selected Reserve of entitlement to certain educational 
                              assistance.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 23, 2001

 Mr. Buyer (for himself and Mr. Taylor of Mississippi) introduced the 
 following bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
 To amend title 10, United States Code, to modify the time for use by 
 members of the Selected Reserve of entitlement to certain educational 
                              assistance.

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

SECTION 1. MODIFICATION OF TIME FOR USE BY CERTAIN MEMBERS OF THE 
              SELECTED RESERVE OF ENTITLEMENT TO EDUCATIONAL 
              ASSISTANCE.

    (a) In General.--Subsection (a) of section 16133 of title 10, 
United States Code, is amended by striking ``(1) at the end'' and all 
that follows through the end and inserting ``on the date the person is 
separated from the Selected Reserve.''.
    (b) Certain Members.--Paragraph (1) of subsection (b) of that 
section is amended in the flush matter following subparagraph (B) by 
striking ``shall be determined'' and all that follows through the end 
and inserting ``shall expire on the later of (i) the 10-year period 
beginning on the date on which such person becomes entitled to 
educational assistance under this chapter, or (ii) the end of the 4-
year period beginning on the date such person is separated from, or 
ceases to be, a member of the Selected Reserve.''.
    (c) Conforming Amendments.--Subsection (b) of that section is 
further amended--
            (1) in paragraph (2), by striking ``subsection (a)'' and 
        inserting ``subsections (a) and (b)(1)'';
            (2) in paragraph (3), by striking ``subsection (a)'' and 
        inserting ``subsection (b)(1)''; and
            (3) in paragraph (4)--
                    (A) in subparagraph (A), by striking ``subsection 
                (a)'' and inserting ``subsections (a) and (b)(1)''; and
                    (B) in subparagraph (B), by striking ``clause (2) 
                of such subsection'' and inserting ``subsection (a)''.
                                 <all>
```
UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

GT Solar Incorporated

v. Civil No. 08-cv-00249-JL

Fabrizio Goi

O R D E R

The Preliminary Pretrial Conference currently scheduled for

November 17, 2009 at 10:00 a.m. will include a substantive,

meaningful discussion of the parties’ claims and defenses. 

Counsel are expected to be prepared to engage in an open,

cooperative discussion in good faith. Counsel are reminded of

the obligations imposed by Fed. R. Civ. P. 11(b)(3) and (4), and

should be prepared to explain the factual basis underlying any

claims or defenses they have pleaded.

Each party shall be represented at the Preliminary Pretrial

Conference by counsel authorized to bind the party on all

matters.

To the extent that the substance of this order constitutes a

departure from the customary Preliminary Pretrial practice to

Case 1:08-cv-00249-JL Document 56 Filed 11/10/09 Page 1 of 2
2

which counsel are accustomed, the court apologizes for the short

notice, and will bear this in mind at the conference.

SO ORDERED.

____________________________

Joseph N. Laplante

United States District Judge

Dated: November 10, 2009

cc: R. Matthew Cairns, Esq.

Adam J. Gill, Esq.

Elisa Miller, Esq.

Luke Dauchot, Esq.

Michael Shipley, Esq.

Richard C. Harlan, Esq.

Michael J. Connolly, Esq.

James P. Ball, Esq.

John C. Pitts, Esq.

Lanny J. Davis, Esq.

M. Brendan Smith, Esq.

Robert M. Isackson, Esq.

Case 1:08-cv-00249-JL Document 56 Filed 11/10/09 Page 2 of 2
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          JUN-03-2000
<PERIOD-END>                               JUN-03-2000
<CASH>                                     127,818,000
<SECURITIES>                                         0
<RECEIVABLES>                               20,723,000
<ALLOWANCES>                                 (604,000)
<INVENTORY>                                513,018,000
<CURRENT-ASSETS>                           693,534,000
<PP&E>                                     556,014,000
<DEPRECIATION>                           (237,698,000)
<TOTAL-ASSETS>                           1,046,047,000
<CURRENT-LIABILITIES>                      433,135,000
<BONDS>                                      8,105,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    49,703,000
<OTHER-SE>                                 536,738,000
<TOTAL-LIABILITY-AND-EQUITY>             1,046,047,000
<SALES>                                  2,198,696,000
<TOTAL-REVENUES>                         2,226,183,000
<CGS>                                    1,406,625,000
<TOTAL-COSTS>                            1,406,625,000
<OTHER-EXPENSES>                           705,573,000
<LOSS-PROVISION>                             8,482,000
<INTEREST-EXPENSE>                           5,377,000
<INCOME-PRETAX>                            100,126,000
<INCOME-TAX>                                37,650,000
<INCOME-CONTINUING>                         62,476,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                  (1,356,000)
<NET-INCOME>                                61,120,000
<EPS-BASIC>                                       1.34
<EPS-DILUTED>                                     1.34


</TABLE>
EXHIBIT 10.4.2


                                 AMENDMENT NO. 1
                        TO THE 1991 STOCK OPTION PLAN OF
                       SPAN-AMERICA MEDICAL SYSTEMS, INC.


The following provision is hereby added to the 1991 Stock Option Plan of
Span-America Medical Systems, Inc. to be effective as of July 22, 1998.

      Not withstanding any other provision contained in this Plan, any presently
outstanding Option, with the consent of the holder thereof, or any Option
granted pursuant to this Plan following the date of addition of this provision
to the Plan, shall vest and become exercisable immediately prior to any change
in control of the Company. A change in control of the Company shall be deemed to
include, without limitation, each of the following:

(i)   Any merger or consolidation to which the Company is a party in which 
      the Company is not the surviving entity or any merger or consolidation
      to which the Company is a party in which the Company is the surviving 
      entity but in which the holders of 50% or more of the beneficial ownership
      of the Company immediately following such merger or consolidation are not 
      identical to the holders of 50% or more of the beneficial ownership of the
      Company immediately prior to such merger or consolidation;

(ii)  Any sale of 50% or more of the assets of the Company in one transaction or
      a series of related transactions;

(iii) Any one transaction or series of related transactions in which the Company
      delivers securities of its issue aggregating more than 50% of the 
      beneficial ownership of the Company in exchange or payment for any 
      properties or assets of any other business entity, or securities issued by
      any other business entity, or in a merger of any subsidiary of the Company
      (50% or more of the ownership interests of which is held by the Company) 
      with or into any other business entity;

(iv)  Any transaction or series of related transactions in which any entity or 
      group acquires 50% or more of the beneficial ownership of the Company; or

(v)   The liquidation of the Company.
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02213-BNB

JOSEPH LOUIS DURAN, 

Plaintiff,

v.

DIRECTOR COLORADO DEPARTMENT OF PAROLE, Unknown,

TOM CLEMENTS,

DR. ANTHONY P. YOUNG,

JOHN SUTHERS, and

DR. JIM MAUCHAD,

Defendants.

 

ORDER DIRECTING PLAINTIFF TO SUBMIT AMENDED MOTION 

FOR LEAVE TO PROCEED PURSUANT TO 28 U.S.C. § 1915

At the time Plaintiff, Joseph Louis Duran, initiated the instant action, he was

incarcerated at the San Carlos Correctional Facility in Pueblo, Colorado. On September

30, 2011, Plaintiff submitted to the Court a Notice of Change of Address indicating that

he no longer is incarcerated and now is residing in Denver, Colorado.

Plaintiff’s continuing obligation to pay the filing fee is to be determined, like any

nonprisoner, solely on the basis of whether he qualifies for in forma pauperis status. 

See Whitney v. New Mexico, 113 F.3d 1170, 1171 n.1 (10th Cir. 1997); see also McGore

v. Wrigglesworth, 114 F.3d 601, 612-13 (6th Cir. 1997); In re Prison Litigation Reform

Act, 105 F.3d 1131, 1138-39 (6th Cir. 1997); McGann v. Commissioner, Soc. Sec.

Admin., 96 F.3d 28, 29-30 (2d

 Cir. 1996). Therefore, Plaintiff will be ordered to submit

an Amended Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C.

Case 1:11-cv-02213-BNB Document 20 Filed 11/18/11 USDC Colorado Page 1 of 2
§ 1915. Alternatively, Plaintiff may elect to pay the $350.00 filing fee to pursue his

claims in this action. Accordingly, it is

ORDERED that within thirty days from the date of this Order Plaintiff submit to

the Court an Amended Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C.

§ 1915. Alternatively, Plaintiff may elect to pay the $350.00 filing fee to pursue his

claims in this action. It is

FURTHER ORDERED that Plaintiff shall obtain the Court-approved form used by

nonprisoners to request leave to proceed pursuant to 28 U.S.C. § 1915, along with the

applicable instructions, at www.cod.uscourts.gov. It is

FURTHER ORDERED that if Plaintiff fails to comply with the instant Order, within

thirty days of the date of the Order, the Complaint and action will be dismissed without

further notice.

DATED November 18, 2011, at Denver, Colorado.

 BY THE COURT: 

 /s/ Boyd N. Boland 

United States Magistrate Judge 

Case 1:11-cv-02213-BNB Document 20 Filed 11/18/11 USDC Colorado Page 2 of 2
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-START>                              JUL-1-1999
<PERIOD-END>                               SEP-30-1999
<EXCHANGE-RATE>                                      1
<CASH>                                           7,722
<SECURITIES>                                         0
<RECEIVABLES>                                   65,351
<ALLOWANCES>                                     2,362
<INVENTORY>                                     57,779
<CURRENT-ASSETS>                               135,591
<PP&E>                                         375,500
<DEPRECIATION>                                  34,088
<TOTAL-ASSETS>                                 831,437
<CURRENT-LIABILITIES>                          111,248
<BONDS>                                        350,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     291,366
<TOTAL-LIABILITY-AND-EQUITY>                   831,437
<SALES>                                        556,527
<TOTAL-REVENUES>                               556,527
<CGS>                                          521,435
<TOTAL-COSTS>                                  521,435
<OTHER-EXPENSES>                                41,551
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               8,360
<INCOME-PRETAX>                               (14,819)
<INCOME-TAX>                                        48
<INCOME-CONTINUING>                           (14,867)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (14,867)
<EPS-BASIC>                                      (.62)
<EPS-DILUTED>                                        0


</TABLE>
Exhibit 32.1

** **

** **

**Certification of CEO andCFO**

**Pursuant to 18 U.S.C.Section 1350,**

**AsAdopted Pursuant to**

**Section 906 of theSarbanes-Oxley Act of 2002**

 

 

 

In connection with theAnnual Report on Form 10-K of Consolidated Capital Institutional Properties/2,LP (the "Partnership"), for the fiscal year ended December 31, 2009 as filedwith the Securities and Exchange Commission on the date hereof (the "Report"),Steven D. Cordes, as the equivalent of the Chief Executive Officer of thePartnership, and Stephen B. Waters, as the equivalent of the Chief FinancialOfficer of the Partnership, each hereby certifies, pursuant to 18 U.S.C. Section1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,that, to the best of his knowledge:

 

(1)   The Reportfully complies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

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

 

 

 

 

This certification isfurnished with this Report pursuant to Section 906 of the Sarbanes-Oxley Act of2002 and shall not be deemed filed by the Partnership for purposes of Section 18of the Securities Exchange Act of 1934, asamended.
#### Mrs. Sylvia Adams THIBODAUX, et al. v. SUN OIL COMPANY, et al.

No. 3115.

Court of Appeal of Louisiana. First Circuit.

May 19, 1949.

A. Deutsche O’Neal, Houma, for appellants.

Frank T. Doyle, New Orleans, Nicholas Masters, New Orleans, Harvey Peltier, Thibodaux, for appellees.

DORE, Judge.

For the reasons assigned in the consolidated cases of Thibodaux et al. and Baker v. Sun Oil Company and Baker v. J. C. Chance Wells Service, Inc., La.App.; 40 So.2d 761, the judgment appealed from is affirmed.
EXHIBIT  32.1





Certificate
Pursuant to Section 906


of
Sarbanes – Oxley Act of 2002


CERTIFICATION
OF CEO




In connection with the annual report on
Form 10-K/A of Bovie Medical Corporation. (the“Company”) for the period ended December 31,
2008, as filed with the Securities and Exchange Commission on the date hereof
(the“Report”), the undersigned President and Chief
Executive Officer certifies, pursuant to 18 U.S.C. §1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:




(1) The Report
fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934, 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
Company.




Date:
November 30, 2009




/s/Andrew
      MakridesAndrew
      MakridesPresident
      andChief Executive
      Officer
EXHIBIT 32.2





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 Quarterly Report of National Holdings Corporation (the “Company”) on Form 10-Q/A for the fiscal quarter ended March 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Alan B. Levin, 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, to my knowledge:





(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 Company.










/s/ Alan B. Levin


Alan B. Levin


Chief Financial Officer


August 6, 2010
**Exhibit32.2**

 

PRINCIPAL FINANCIAL OFFICER CERTIFICATION

PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with the Quarterly Report of Vita Food Products, Inc. (the “Company”), on Form 10-Q for the fiscal quarter ended June 30, 2005, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned, in the capacity and on the date indicated below, hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that: (1) the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and (2) the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

 
| Date: August 12, 2005 | /s/ Clifford K. Bolen         |   |
|-----------------------|-------------------------------|--------|
|                  | Clifford K. Bolen,            |   |
|                  | Senior Vice President;        |   |
|                  | Chief Operating Officer;      |   |
|                  | Chief Financial Officer       |   |
|                  | (Principal Financial Officer) |   |

 

1

----
EXHIBIT 32.1

Certification Pursuant to 18 U.S.C. § 1350,

as Adopted Pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002

In connection with the filing of the Quarterly Report on Form 10-Q for the quarter ended March 31, 2007 as filed with
the Securities and Exchange Commission on the date hereof (the Report) by Beverly Hills Bancorp Inc. (the Company), the undersigned officer of the Company hereby certifies pursuant to 18 U.S.C. § 1350, as Adopted
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that:



| | 1. | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, 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 Company as of and for the period covered
by the Report.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                  |  |                           
|----------------- |  | --------------------------
|                  |  | BEVERLY HILLS BANCORP INC.
|                  | 
|Date: May 9, 2007 |  | /s/    LARRY B. FAIGIN    
|                  |  | Larry B. Faigin           
|                  |  | Chief Executive Officer   

The foregoing certification is being furnished to the Securities and Exchange Commission as an exhibit to the Form
10-Q and shall not be considered filed as part of the Form 10-Q.
#### The People of the State of New York, Respondent, v Craig Huntsman, Appellant.

[745 NYS2d 366]

Appeal from a *859judgment of Ontario County Court (Doran, J.), entered December 13, 2000, convicting defendant after a jury trial of, inter alia, felony driving while intoxicated (two counts).

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him after a jury trial of two counts of felony driving while intoxicated (Vehicle and Traffic Law § 1192 [2], [3]; § 1193 [1] [c] [i]) and one count of leaving the scene of an incident without reporting (§ 600). We reject the contention of defendant in his pro se supplemental brief that he was denied effective assistance of counsel. “[Wfrthout the benefit of additional background facts that might have been developed had an appropriate postjudgment motion been made pursuant to CPL 440.10 * * *, the record before us does not indicate that defendant’s trial representation was ineffective” *(People v Espinal,*220 AD2d 276, 276, *lv denied*87 NY2d 900). The claim of defendant that defense counsel was ineffective because he failed to call defendant’s brother and father as witnesses at the suppression hearing and at trial is supported by affidavits that are not part of the record on appeal, but instead are attached to the pro se supplemental brief. Those affidavits therefore are not properly before us. We further reject defendant’s contention that County Court erred in failing to order an updated presentence investigation report before sentencing defendant. The court had before it a “pre-plea investigation report” that was prepared prior to trial and was dated within three months of sentencing. Where, as here, the court is “ ‘fully familiar with any changes in defendant’s status, conduct or condition since the original report was prepared, an updated report is not required’ ” *(People v Perry,*278 AD2d 933, 933, *lv denied*96 NY2d 866, quoting *People v Reaves,*216 AD2d 945, *lv denied*86 NY2d 801). The sentence is not unduly harsh or severe. Present — Hayes, J.P., Wisner, Hurlbutt, Burns and Lawton, JJ.