alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Frieszell *v.*The City Ry. Co.

(No. 25505

Decided November 20, 1935.)

*Mr. W. S. Rhotehamel*and *Mr. Chester J. Graham,*for plaintiff in error.

*Messrs. McMahon, Corwin, Landis & MarJcham,*for defendant in error.

This cause came on to he heard upon the transcript of the record of the Court of Appeals of Montgomery county, the petition in error and the motion by defendant in error to affirm the judgment of the Court of Appeals, and was argued by counsel. On consideration whereof it is ordered and adjudged by this court that *221the motion to affirm be, and the same hereby is, sustained, the record before the conrt in the case at bar disclosing that the petition in error in the Court of Appeals assigned as a ground of error that the judgment of the Common Pleas Court was not sustained by sufficient evidence, and the journal entry in the Court of Appeals does not specify upon what ground that court entered its judgment of reversal. Rule XIX of the Rules of Practice of this court; *Mestetsko*v. *Elf Motor Go.,*119 Ohio St, 575,165 N. E., 93; and *Wetsell*v. *Richcreek,*53 Ohio St., 62, 40 N. E., 1004.

*Judgment affirmed.*

Weygandt, C. J., Stephenson, Williams, Jones, Matthias, Day and Zimmerman, JJ., concur.
ARC HCT 03.31.2014 EX 10.37 10-Q SS


Exhibit 10.37


SECOND AMENDMENT TO
EMPLOYEE AND DIRECTOR
INCENTIVE RESTRICTED SHARE PLAN OF
AMERICAN REALTY CAPITAL HEALTHCARE TRUST, INC.


WHEREAS, American Realty Capital Healthcare Trust, Inc. (the “Company”) maintains the Employee and Director Incentive Restricted Share Plan of American Realty Capital Healthcare Trust, Inc. (the “Plan”);


WHEREAS, pursuant to Section 9 of the Plan, the Board of Directors of the Company (the “Board”) may at any time amend the Plan; and


WHEREAS, the Company desires to amend the Plan as set forth herein;


NOW, THEREFORE, pursuant to Section 9 of the Plan, effective as of April 28, 2014:


1.    Section 1.2 of the Plan is hereby amended by deleting the defined terms “Director Shares” and “Retainer”.
2.    The last sentence of Section 2 of the Plan is hereby deleted in its entirety.
3.    The last two sentences of the last paragraph of Section 4.2 of the Plan are hereby deleted in their entirety.
4.    The first sentence of Section 5.2(a) of the Plan is hereby amended in its entirety to read as follows:
“The Committee may grant one or more Awards of Restricted Shares to any Participant.”


5.    Section 6 of the Plan is hereby amended in its entirety to read as follows:
“SECTION 6.  [RESERVED].”


IN WITNESS WHEREOF, the Board has approved the amendment to the Plan as set forth herein and authorized the undersigned officer of the Company to execute this amendment and the undersigned has caused this amendment to be executed this 28th day of April, 2014.




AMERICAN REALTY CAPITAL HEALTHCARE TRUST, INC.


By: /s/ Thomas P. D’Arcy 
      Name: Thomas P. D’Arcy         
      Title: Chief Executive Officer
Exhibit 31.2

CERTIFICATION PURSUANT TO

SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, Donald W. Prosser, certify that:

1. I have reviewed this annual report
on Form 10-KSB of VCG Holding Corp. for the fiscal period ended December 31, 2006;

2. Based on my knowledge, this report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial
condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this report;

4. The small business
issuers other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and we have:

(a) designed such disclosure controls and procedures to ensure that material information relating to the small business issuer, including its
consolidated subsidiary, is made known to us by others within that entity, particularly during the period in which this report is being prepared;

(b) evaluated the effectiveness of the small business issuers disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; and

(c) disclosed in this report any change in the small business issuers
internal control over financial reporting that occurred during the small business issuers fourth fiscal quarter that has materially affected, or is reasonably likely to materially affect, the small business issuers internal control over
financial reporting;

5. The small business issuers other certifying officer and I have disclosed, based on our most recent evaluation, to the small
business issuers auditors and the audit committee of small business issuers board of directors:

(a) all significant
deficiencies in the design or operation of the internal controls which could adversely affect the small business issuers ability to record, process, summarize and report financial data and have identified for the small business issuers
auditors any material weaknesses in internal controls; and

(b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the small business issuers internal controls.



|                    |  |  |  |                                                                                       
|------------------- |  |  |  | --------------------------------------------------------------------------------------
|Date: April 2, 2007 |  |  |  | /s/ Donald W. Prosser                                                                 
|                    |  |  |  | Donald W. Prosser Chief Financial and Accounting
Officer (Principal Financial Officer)
**Exhibit 32.1**

**CERTIFICATION PURSUANTTO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002**

In connection with theAnnual Report of Southwest Casino Corporation (the “Company”) on Form 10-KSBfor the period ending December 31, 2006 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, James B. Druck, Chief Executive Officer of SouthwestCasino Corporation, certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best ofmy knowledge and belief:

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

(2)                                                        The informationin the Report fairly presents, in all material respects, the financialcondition and results of operations of Southwest Casino Corporation.
|                        |   | /s/ James B. Druck                                     |
|------------------------|--------|--------------------------------------------------------|
|                   |   | James B. Druck                                         |
|                   |   | Chief Executive Officer (principal executive  officer) |
|                   |   |                                                   |
|                   |   |                                                   |
|                   |   |                                                   |
| Minneapolis, Minnesota |   |                                                   |
| March 21, 2007         |   |                                                   |

 

----
[Federal Register Volume 75, Number 167 (Monday, August 30, 2010)]
[Notices]
[Page 52932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21572]


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

DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board


Foreign-Trade Zone 43--Battle Creek, MI; Site Renumbering Notice

    Foreign-Trade Zone 43 was approved by the FTZ Board on October 19, 
1978 (Board Order 138, 43 FR 50233, 10/27/78), and expanded on December 
27, 1990 (Board Order 496, 56 FR 675, 1/8/91), January 3, 1992 (Board 
Order 554, 57 FR 1143, 1/10/92 and Board Order 555, 57 FR 1143, 1/10/
92), and June 20, 1997 (Board Order 897, 62 FR 36044, 7/3/97 and Board 
Order 898, 62 FR 36043, 7/3/97).
    FTZ 43 currently consists of 5 ``sites'' totaling 1,820 acres in 
the Battle Creek, Michigan area. The current update does not alter the 
physical boundaries that have previously been approved, but instead 
involves an administrative renumbering that separates certain non-
contiguous sites for record-keeping purposes.
    Under this revision, the site list for FTZ 43 will be as follows: 
Site 1 (1,710 acres)--within the Fort Custer Industrial Park, Battle 
Creek; Site 2 (21 acres)--Columbia West Industrial Park, Battle Creek; 
Site 3 (23 acres)--6677 Beatrice Drive in Texas Township (Kalamazoo 
County); Site 4 (22 acres)--8250 Logistic Drive, Zeeland Township 
(Ottawa County), some 20 miles southwest of Grand Rapids; Site 5 (30 
acres)--located within the 120-acre St. Joseph River Harbor Development 
Area adjacent to Lake Michigan in Benton Harbor (Berrien County), some 
50 miles east of Battle Creek; Site 7 (14 acres)--72100 Highway M-40 
South, Lawton (Van Buren County); and Site 8 (50,000 sq. ft.)--located 
at 1609 Parnall Road, Jackson (approved on a temporary basis until 1/
31/11).
    For further information, contact Elizabeth Whiteman at 
<a href="/cdn-cgi/l/email-protection#9dd8f1f4e7fcfff8e9f5b3caf5f4e9f8f0fcf3dde9effcf9f8b3faf2eb"><span class="__cf_email__" data-cfemail="a4e1c8cddec5c6c1d0cc8af3cccdd0c1c9c5cae4d0d6c5c0c18ac3cbd2">[email protected]</span></a> or (202) 482-0473.

    Dated: August 25, 2010.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2010-21572 Filed 8-27-10; 8:45 am]
BILLING CODE P


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</html>
**EXHIBIT
      32.1**





**CERTIFICATION
      OF PRINCIPAL EXECUTIVE OFFICER**


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 Nayna Networks, Inc. (formerly ResCon
      Technology Corp.), on Form 10-QSB for the period ended June 30, 2006, as filed
      with the Securities and Exchange Commission on the date hereof (the "Report"),
      the undersigned, Naveen S. Bisht, Principal Executive Officer of the Company,
      certify, 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, as amended; 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:
              August
              18, 2006*
            *By:*
            */S/
              Naveen S. Bisht**Naveen
              S. Bisht,*
              *Principal
                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 Annual Report of VCG Holding Corp. (the Company) on Form 10-KSB for the year ended
December 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Donald W. Prosser, Chief Financial and Accounting Officer of the Company, certify pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | 3. | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and:
| | -- | ----------------------------------------------------------------------------------------------------------------------



| | 4. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Dated: April 2, 2007



/s/ Donald W. ProsserDonald W. ProsserChief Financial and Accounting Officer


A signed original of this written statement required by Section 906 has been provided to and will be
retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2185 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2185

 To designate the facility of the United States Postal Service located 
at 123 South 9th Street in De Pere, Wisconsin, as the ``Corporal Justin 
                    D. Ross Post Office Building''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 31, 2014

 Mr. Johnson of Wisconsin (for himself and Ms. Baldwin) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
 To designate the facility of the United States Postal Service located 
at 123 South 9th Street in De Pere, Wisconsin, as the ``Corporal Justin 
                    D. Ross Post Office Building''.

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

SECTION 1. CORPORAL JUSTIN D. ROSS POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 123 South 9th Street in De Pere, Wisconsin, shall be known 
and designated as the ``Corporal Justin D. Ross Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Corporal 
Justin D. Ross Post Office Building''.
                                 <all>
```
II 

113TH CONGRESS 

2D SESSION S. 2350 

To amend title 10, United States Code, to expand the role of the Chief 

of the National Guard Bureau in the assignment of Directors and Deputy 

Directors of the Army National Guard and Air National Guard. 

IN THE SENATE OF THE UNITED STATES 

MAY 15, 2014 

Ms. HIRONO introduced the following bill; which was read twice and referred 

to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to expand the role 

of the Chief of the National Guard Bureau in the assignment of Directors and Deputy Directors of the Army 

National Guard and Air National Guard. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. ROLE OF THE CHIEF OF THE NATIONAL GUARD 

4 BUREAU IN ASSIGNMENT OF DIRECTORS AND 

5 DEPUTY DIRECTORS OF THE ARMY NA6 TIONAL GUARD AND AIR NATIONAL GUARD. 

7 (a) IN GENERAL.—Section 10506(a) of title 10, 

8 United States Code, is amended— 


tjames on DSK6SPTVN1PROD with BILLS
2 

•S 2350 IS

1 (1) in paragraph (1)— 

2 (A) in subparagraph (A), by striking ‘‘se3 lected by the Secretary of the Army’’ and in4 serting ‘‘recommended by the Chief of the Na5 tional Guard Bureau, from not less than three 

6 candidates identified by the Secretary of the 

7 Army,’’; and 

8 (B) in subparagraph (B), by striking ‘‘se9 lected by the Secretary of the Air Force’’ and 

10 inserting ‘‘recommended by the Chief of the 

11 National Guard Bureau, from not less than 

12 three candidates identified by the Secretary of 

13 the Air Force,’’; and 

14 (2) in paragraph (2), by striking ‘‘The officers 

15 so selected’’ and inserting ‘‘The Director and Dep16 uty Director, Army National Guard, and the Direc17 tor and Deputy Director, Air National Guard,’’. 

18 (b) CONFORMING AMENDMENTS REGARDING AP19 POINTMENT.—Paragraph (3) of such section is amend20 ed— 

21 (1) in subparagraph (A), by striking ‘‘The 

22 President’’ and inserting ‘‘Consistent with para23 graph (1), the President’’; 

24 (2) by striking subparagraphs (B) and (D); and 


tjames on DSK6SPTVN1PROD with BILLS
3 

•S 2350 IS

1 (3) by redesignating subparagraphs (C) and (E) 

2 as subparagraphs (B) and (C), respectively. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS
Exhibit 10.2  Amended and Restated Note - Jensen






Exhibit 10.2




AMENDMENT NO. 2
TO 
PROMISSORY NOTE


This instrument is Amendment No. 2 (this “Amendment”), dated as of April 30, 2014, to the Promissory Note dated as of October 12, 2011 (the “Promissory Note”) issued by American Power Group, Inc. (the “Company”) to Lyle Jensen (the “Holder”). Terms used in this Amendment without definition which are defined in the Promissory Note have the same meanings in this Amendment as in the Promissory Note unless otherwise provided herein.    
    
WHEREAS, the Company has previously issued the Promissory Note to the Holder and amended the Promissory Note on April 27, 2012;


WHEREAS, the Promissory Note shall remain in full force and effect with this Amendment No. 2; and


WHEREAS, the Company and the Holder now desire to further amend the Promissory Note; 


NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which the Parties hereby acknowledge, the Company and the Holder, intending to be legally bound, hereby agree as follows:


		
	1.
	The first paragraph of the Promissory Note is hereby amended by:




		
	(a)
	deleting the reference to “the second anniversary of the Closing (as defined below)” therein and replacing it with “September 30, 2014”;




		
	(b)
	deleting the reference to “at a rate equal to ten percent (10%) per annum” therein and replacing it with “at a rate equal to eight percent (8%) per annum”; and




		
	(c)
	deleting the following sentence at the end of such paragraph:




“Notwithstanding the foregoing, commencing on the sale of at least $7,000,000 of Convertible Preferred Stock pursuant to that certain Securities Purchase Agreement by and among GreenMan Technologies, Inc. (“GreenMan”) and certain Purchasers (as defined therein) and the receipt by the GreenMan of $7,000,000 before payment of applicable fees and expenses (the “Closing”), the interest rate on this Note shall be reduced from ten percent (10%) per annum to eight percent (8%) per annum.” 


2.    The Holder waives any prior default under the Promissory Note.


3.    Except as otherwise amended by this Amendment, all other terms and conditions of the Promissory Note shall remain in full force and effect. 
4.    This Amendment shall be governed by and construed and interpreted in accordance with the laws of the State of Iowa, excluding with respect to conflict of laws and each Party irrevocably (i) agrees that any action or proceeding arising from or relating to this Amendment may be brought only in the courts of Iowa or the U.S. District Court located in Des Moines, Iowa, (ii) consents, for itself and in respect of its property, to the jurisdiction of each such court in any such action or proceeding, and (iii) waives any objection to proceeding in such venue, including that the forum is inconvenient. 











IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed by their duly authorized representatives as of the date first written above.




American Power Group, Inc.
        


By:/s/Charles E. Coppa        
Charles E. Coppa
Treasurer




HOLDER:


        
/s/Lyle Jensen                
Lyle Jensen
II 

110TH CONGRESS 

1ST SESSION S. 1867 

To require the Administrator of the Federal Aviation Administration to conduct a study on the operation of helicopters over Long Island, New 

York and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 24, 2007 

Mr. SCHUMER introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To require the Administrator of the Federal Aviation Administration to conduct a study on the operation of helicopters over Long Island, New York and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. STUDY AND REPORT ON CERTAIN HELICOPTER 

4 OPERATIONS. 

5 (a) STUDY AND REPORT.—Not later than 90 days 

6 after the date of the enactment of this Act, the Adminis7 trator of the Federal Aviation Administration shall con8 duct a study and report to Congress on the helicopter opVerDate Aug 31 2005 05:28 Jul 26, 2007 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1867.IS S1867

cnoel on PRODPC60 with BILLS
2 

•S 1867 IS

1 erations over Long Island, New York. The study and re2 port shall include information and recommendations with 

3 respect to the following: 

4 (1) The effect of helicopter traffic on residential 

5 areas including— 

6 (A) an analysis of the safety issues relating 

7 to helicopter operations; 

8 (B) an analysis of noise levels related to 

9 helicopter operations and ways to abate the 

10 noise levels; and 

11 (C) an analysis of any other issue relating 

12 to helicopter traffic on residential areas. 

13 (2) The feasibility of diverting helicopters from 

14 residential areas. 

15 (3) The feasibility of creating specific air lanes 

16 for helicopter operations. 

17 (4) The feasibility of establishing altitude limits 

18 for helicopter operations. 

19 (b) EXCEPTIONS.—Any limitations or restrictions 

20 with respect to helicopter operations over Long Island, 

21 New York shall not apply to helicopters performing oper22 ations for accredited news organizations, law enforcement, 

23 or emergency services. 

Æ 


cnoel on PRODPC60 with BILLS
HLD

- 006 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

___________ No. 18

- 2484

___________ IN RE: JAMES H. CAMPBELL , Petitioner

____________________________________ On a Petition for Writ of Mandamus from the United States District Court for the Middle District of Pennsylvania (Related to M.D. Pa. Civ. No. 3

- 16

- cv - 00524 )

____________________________________ Submitted Pursuant to Rule 21, Fed. R. App. P. July 12 , 2018 Before: Chief Judge SMITH, CHAGARES , and BIBAS, Circuit Judges (Opinion F iled : September 4, 2018 )

_________ OPINION *

_________ PER CURIAM In July 2018, James H. Campbell filed this pro se mandamus petition requesting that th e District Court be compelled to rule on his 28 U.S.C. § 2241 petition. When Campbell filed this mandamus petition, his § 2241 petition had been pending for over two years. However, on August 21, 2018, the District Court entered an opin ion and order

* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent.2 denying Campbell’s § 2241 petition. In light of the District Court’s action, this mandamus petition no longer presents a live controversy. Therefore, we will dismiss it as
moot. See Blanciak v. Allegheny Ludlum Corp. , 77 F.3d 690, 698

- 99 ( 3d Cir. 1996) (“If developments occur during the course of adjudication that eliminate a plaintiff’s personal stake in the outcome of a suit or prevent a court from being able to grant the requested relief, the case must be dismissed as moot.”).