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

- 17

- 0000 762

IN THE SUPREME COURT OF THE STATE OF HAWAI  I

THEODORICO ERUM, JR., Petitioner/Plaintiff

- Appellant,

vs.

JOSUE BUMATAY LLEGO , Respondent/Defendant

- Appellee

.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP

- 17

- 0000 762 ; C IV. NO. 14

- 1

- 0199 )

ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ. )

Petitioner/ Plaintiff

- Appellant Theodorico Erum Jr. ’s
Application for Writ of Certiorari, filed on August 28 , 2019, is
hereby accepted.

IT IS FURTHER ORDERED that no oral argument will be
held in this case. Any party may, within ten days and pursuant

to Rule 34(c) of the Hawai  i Rules of Appellate Procedure, move
for retention of oral argument.

DATED: Honolulu, Hawai  i, October 3 , 2019

. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. W ilson Electronically Filed Supreme Court SCWC-17-0000762 03-OCT-2019 02:34 PM
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               OCT-01-1999
<CASH>                                           1,650
<SECURITIES>                                         0
<RECEIVABLES>                                   10,996
<ALLOWANCES>                                       190
<INVENTORY>                                     34,755
<CURRENT-ASSETS>                                56,506
<PP&E>                                         104,639
<DEPRECIATION>                                  35,001
<TOTAL-ASSETS>                                 136,425
<CURRENT-LIABILITIES>                           11,083
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        12,386
<OTHER-SE>                                      64,817
<TOTAL-LIABILITY-AND-EQUITY>                   136,425
<SALES>                                        121,647
<TOTAL-REVENUES>                               121,647
<CGS>                                           68,281
<TOTAL-COSTS>                                  111,516
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,516
<INCOME-PRETAX>                                  8,615
<INCOME-TAX>                                     3,531
<INCOME-CONTINUING>                              5,084
<DISCONTINUED>                                       0
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<CHANGES>                                            0
<NET-INCOME>                                     5,084
<EPS-BASIC>                                        .41
<EPS-DILUTED>                                      .41


</TABLE>
EX-4.2



 Exhibit 4.2 
 Amendment Number 1 
 to 

PCS U.S. Employees’ Savings Plan for Collectively Bargained Employees 

(Effective as of January 1, 2012) 
 WHEREAS, PCS Administration (USA), Inc. (the “Sponsor”) is the sponsor of the PCS U.S. Employees’ Savings Plan for Collectively Bargained Employees (the “Plan”), a
qualified defined contribution plan maintained pursuant to Section 401(a) of the Internal Revenue Code of 1986, as amended (the “Code”); 
 WHEREAS, effective as of the first full payroll period beginning after October 1, 2012, the Sponsor desires to amend the Plan to provide for an increase in basic contributions made on behalf
of certain employees of PCS Nitrogen Ohio, L.P. who are PCS production and maintenance employees at the Lima, Ohio plant represented by the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers
International Union, Local 1-626; and 
 WHEREAS, pursuant to Article 14 of the Plan, the Sponsor may amend the Plan at
any time and has authorized its officers to execute this Amendment. 
 NOW THEREFORE BE IT RESOLVED, effective as of the
first full payroll period beginning after October 1, 2012, Section A.4(a) of Supplement A of the Plan is hereby amended as follows: 
  

	 	“(a)	In General. A Basic Contribution shall be made on behalf of each Eligible Employee, regardless of whether each Employee has elected to make Before-Tax
Contributions or After-Tax Contributions to the Plan as described in Article 4. Basic Contributions shall be contributed by the Employer to the Trustee each payroll period, and shall be equal to five percent (5%) of the Eligible Employee’s
base pay earned during such pay period. Effective as of the first full payroll period beginning after October 1, 2012, such Basic Contributions shall be equal to six percent (6%) of the Eligible Employee’s base pay earned during the
pay period.” 


*        *        * 

IN WITNESS WHEREOF, the Sponsor has caused this instrument to be executed on its behalf by its duly
authorized officer effective as of the 11th day of October
2012. 
  

			
	PCS Administration (USA), Inc.
		
	By:	 	 /s/ Lee M. Knafelc

		 	Lee M. Knafelc
		 	V.P. Administration & H.R.
Exhibit 13.1






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 on Form 20-F of Gravis Oil Corporation (the “Company”), for the fiscal year ended April 30, 2011, as filed with the Securities and Exchange Commission (“SEC”) on the date hereof (the “Report”), each of the undersigned of the company, 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, in all material respects, 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.
 
  /s/ Tim L. MorrisonName:
Tim L. MorrisonTitle:
Chief Executive OfficerNovember 15, 2011/s/ Jeffrey FreedmanName:
Jeffrey FreedmanTitle:
Chief Financial OfficerNovember 15, 2011
 
 A signed original of this written statement required by Section 906 of the Sarbanes Oxley Act of 2002 has been provided to the Company and will be retained by the Company and will be furnished to the SEC or its staff upon request. This exhibit is not “filed” for purposes of Section 18 of the Securities Exchange Act of 1934 but is instead furnished as provided by applicable rules of the SEC.
<PAGE>

                      SECURITIES AND EXCHANGE COMMISSION
                             Washington, D.C. 20549


                               __________________


                                    FORM 8-K
                                 CURRENT REPORT

                        PURSUANT TO SECTION 13 OR 15(d)
                     OF THE SECURITIES EXCHANGE ACT OF 1934

        DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): March 27, 2001

                              ___________________

                        CONCENTRA OPERATING CORPORATION
             (Exact name of Registrant as specified in its charter)

         Nevada                       001-15699                75-2822620
    (State or other             (Commission File Number)    (I.R.S. Employer
jurisdiction of incorporation)                            Identification Number)

  5080 Spectrum Drive
 Suite 400 - West Tower                                            75001
    Addison, Texas                                               (Zip code)
 (Address of principal
  executive offices)



       Registrant's telephone number, including area code: (972) 364-8217

                                 Not Applicable
                 (former address if changed since last report)
<PAGE>

Item 5. Other Events

See the press release attached hereto as Exhibit 99.1 dated March 27, 2001,
announcing Concentra Operating Corporation's changes in business segment
reporting.

Item 7. Financial Statements and Exhibits

(c) Exhibits

99.1  Press Release of the Registrant dated March 27, 2001




                                       2
<PAGE>

                                   SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned thereunto duly authorized.



                              CONCENTRA OPERATING CORPORATION
                              (Registrant)


                              By:     /s/ Richard A. Parr II
                                      ----------------------------------------
                              Name:   Richard A. Parr II
                              Title:  Executive Vice President, General Counsel
                                      & Secretary

Date:  March 29, 2001



                                       3
<PAGE>

                               INDEX TO EXHIBITS

EXHIBIT
NUMBER

99.1  Press Release of the Registrant dated March 27, 2001



                                       4
EXHIBIT 31.2

CERTIFICATIONS

I, Kerry D. Hawkley, certify that:

1.

I have reviewed
this annual report on Form 10-K/A of U.S. Geothermal Inc. for the period ended
March 31, 2009;

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;

4.

The registrants other certifying officer(s) 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)) and internal control
over financial reporting (as defined in Exchange Act Rules 13a-15(f) and
15d-15(f)) for the registrant and we have:

a)

Designed such
disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under our supervision, to ensure that material
information relating to the registrant, including its consolidated subsidiaries,
is made known to us by others within those entities, particularly during the
period in which this report is being prepared;

b)

Designed such
internal control over financial reporting, or caused such internal control over
financial reporting to be designed under our supervision, to provide reasonable
assurance regarding the reliability of financial reporting and the preparation
of financial statements for external purposes in accordance with generally
accepted accounting principles;

c)

Evaluated the
effectiveness of the registrant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

d)

Disclosed in this
report any change in the registrants internal control over financial reporting
that occurred during the registrants most recent fiscal quarter (the
registrants fourth fiscal quarter in the case of an annual report) that has
materially affected, or is reasonably likely to materially affect, the
registrants internal control over financial reporting; and

5.

The registrants other certifying officer(s) and I have
disclosed, based on our most recent evaluation of internal control over
financial reporting, to the registrants auditors and the audit committee of the
registrants board of directors (or persons performing the equivalent
functions):

a)

all significant
deficiencies and material weaknesses in the design or operation of internal
control over financial reporting which are reasonably likely to adversely affect
the registrants ability to record, process, summarize and report financial
information; and

b)

any fraud,
whether or not material, that involves management or other employees who have a
significant role in the registrants internal control over financial reporting.

|November 23, 2009 | By | /s/ Kerry D. Hawkley   
|----------------- | -- | -----------------------
|                  |    | Kerry D. Hawkley       
|                  |    | Chief Financial Officer



---
##### 



Exhibit 32.1 CERTIFICATIONS OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
PURSUANT TO SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002 In connection with the Quarterly Report of HealthAxis Inc. (the Company) on
Form 10-Q for the period ending June 30, 2004 as filed with the Securities and
Exchange Commission on the date hereof (the Report), James W. McLane, Chief
Executive Officer of the Company and John M. Carradine, Chief Financial
Officer, do each hereby certify, pursuant to 18 U.S.C. § 1350, as adopted
pursuant to § 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 (15 U.S.C.78m or 78o(d)); and (2) The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company. By: /s/ James W. McLaneJames W. McLaneChief Executive OfficerAugust 12, 2004
 By: /s/ John M. CarradineJohn M. CarradineChief Financial OfficerAugust 12, 2004
* 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. 95-20812 

Summary Calendar

__________________

UNITED STATES OF AMERICA,

 Plaintiff-Appellee,

versus

RICHARD CRUZ,

 Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-92-CR-184

- - - - - - - - - -

May 20, 1996

Before DAVIS, BARKSDALE, and DEMOSS, Circuit Judges.

PER CURIAM:*

Richard Cruz contends that the district court erred in denying

his motion to be transferred from state to federal custody pursuant

to Fed. R. App. P. 23(a), and that he is entitled to credit for

time served on his federal sentence.

The denial of Cruz's motion, insofar as he is seeking relief

under Rule 23(a), is affirmed substantially for the reasons stated

by the district court.

Insofar as Cruz is challenging the manner in which his

sentence is being executed, his motion is construed as a petition
No. 95-20812

-2-

for habeas relief pursuant to 28 U.S.C. § 2241. United States v.

Brown, 753 F.2d 455, 456 (5th Cir. 1985). The district court's

dismissal of Cruz's § 2241 petition, based on Cruz's failure to

demonstrate that he has exhausted his administrative remedies with

respect to the calculation of his federal sentence, is affirmed.

See United States v. Dowling, 962 F.2d 390, 393 (5th Cir. 1992).

Cruz asserts for the first time on appeal that he is entitled

to have his federal and state sentences run concurrently, and that,

as a result of the federal detainer lodged against him, he is being

deprived of the right to serve as a trusty, the right to earn

additional good-time credits, and the right to advance his parole

date. Because these issues were not raised before the district

court, they are reviewable only for plain error. Highlands Ins. v.

National Union Fire Ins., 27 F.3d 1027, 1031-32 (5th Cir. 1994),

cert. denied, 115 S. Ct. 903 (1995). Cruz has failed to show that

error, plain or otherwise, occurred in connection with the denial

of these claims. See United States v. Dovalina, 711 F.2d 737, 739

(5th Cir. 1983). 

Cruz's motion to file a reply brief out-of-time is GRANTED.

AFFIRMED.
II 

110TH CONGRESS 

1ST SESSION S. 1822 

To amend the Federal Direct Loan Program to provide that interest shall 

not accrue on Federal Direct Loans for active duty service members 

and their spouses. 

IN THE SENATE OF THE UNITED STATES 

JULY 19, 2007 

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

the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the Federal Direct Loan Program to provide that 

interest shall not accrue on Federal Direct Loans for 

active duty service members and their spouses. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Interest Relief Act’’. 

5 SEC. 2. NO ACCRUAL OF INTEREST FOR ACTIVE DUTY 

6 SERVICE MEMBERS AND THEIR SPOUSES. 

7 Section 455 of the Higher Education Act of 1965 (20 

8 U.S.C. 1087e) is amended by adding at the end the fol9 lowing: 


pwalker on PROD1PC71 with BILLS
2 

•S 1822 IS

1 ‘‘(m) NO ACCRUAL OF INTEREST FOR ACTIVE DUTY

2 SERVICE MEMBERS AND THEIR SPOUSES.— 

3 ‘‘(1) IN GENERAL.—Notwithstanding any other 

4 provision of this part, and except as provided in 

5 paragraph (3), interest on a loan made under this 

6 part shall not accrue for an eligible borrower. 

7 ‘‘(2) ELIGIBLE BORROWER.—In this subsection, 

8 the term ‘eligible borrower’ means an individual— 

9 ‘‘(A) who is— 

10 ‘‘(i) serving on active duty during a 

11 war or other military operation or national 

12 emergency; or 

13 ‘‘(ii) performing qualifying National 

14 Guard duty during a war or other military 

15 operation or national emergency; or 

16 ‘‘(B) who is the spouse of an individual de17 scribed in subparagraph (A). 

18 ‘‘(3) LIMITATION.—An individual who qualifies 

19 as an eligible borrower under this subsection may re20 ceive the benefit of this subsection for not more than 

21 60 months.’’. 

Æ 


pwalker on PROD1PC71 with BILLS
**ATTORNEY GRIEVANCE** 

**COMMISSION OF**  **MARY LAND** 
**Petitioner**

**v. ROLANDO**  **VICENTE LEE**  **a/k/a Ro** **land Lee**  ***** ***** **IN THE** 

***** **COURT OF**  **APPEALS** ***** ***** ***** **OF MARYLAND** 

***** **Misc. Docket**  **AG** ***** ***** ***** ***** ***** ***** **No._8_5**

**__ September**  **Term, 2016**  **Respondent** 

### **************************************************····························· ORDER**  **Upon consideration**  **of the**  **Joint Petition**  **for Discipline**  **by Consent,**  **in which**  **Respondent admits**  **he violated**  **Rules 1** **.4, l**  **.S(a), SJ(b),**  **S.S(a), and**  **8.4(d) of** **the Maryland**  **Rules of**  **Professional Conduct,**  **as enumerated**  **at the**  **time of** **the conduct,**  **it is**  **this 30** **th day**  **of**

**_ ___: J**  **:....: a**  **= n**  **= u**  **= a**  **"'- r**  **.J.- y __ ,**  **201 7** **; ORDERED,**  **that Respondent,**  **Rolando Vicente**  **Lee, a/k/a**  **Roland L ee,**  **is hereby**  **suspended from**  **the practice**  **of law**  **in the**  **State of**  **Maryland for**  **120 days**  **effective March**  **1, 2017;**  **and it**  **is further,**  **ORDERED, that**  **the Clerk**  **of this**  **Court shall**  **remove the**  **name of**  **Rolando Vicente**  **Lee from**  **the register**  **of attorneys**  **in the**  **Court, effective**  **March 1,**  **2017, and**  **certify that**  **fact to**  **the Client**  **Protection Fund**  **of the**  **Bar of**  **Maryland and**  **all Clerks**  **of all**  **judicial tribunals**  **in this**  **State in**  **accordance with**  **Maryland Rule**  **19- 7** **61.** 

### Isl **Clayton Greene**  **Jr. Seriior**  **Judge**
| (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: April 23, 2010    |   |
|-------------------------|--------|
|                    |   |
|                    |   |
| /s/ Stephen J. Sperco   |   |
| Stephen J. Sperco       |   |
| Chief Executive Officer |   |
PRICE DANIEL 

ATTORNEY GENERAL 

-,. R-556 

; 

OPPICE OF 

THE &PTORNEY GENERAL _ 

Ausmrv. TWXAS 

June 28, 1947 

Hono~rable John H. Winters ,‘~ Executive Director 

State Depa~rtment of, Public Welfare 

Aus tin, Texas Opinion Ro. V-273 

Re: Court costs in a proceeding to appoint guardians to collect old age 

assistance where such a 

grant exceeds forty dollars per month. 

Dear Siri 

We refer to your letter of June 4, 1947, in 

which you request answers to the following: 

1. May probate courts order that no costs 

or fees shall be charged in a proceeding 

to appoint a guardia~n to receive Old Age 

Assistance compensation from the State 

and/or Federal Government in excess of 

Forty Dollars per month? 

2. If the ,Courts may not waive the court 

costs if the grant exceeds Forty Dollars per month does this mean that ,the 

department must , in each instance, establish the amount of the grant before 

the Co,urt can decide whether or not the 

court costs mey be waived? 

Probate Courts are not authorized to order 

,that no costs or fees, shall be charged in probate proceedings in the absence of a law authorizing such an order. The law pertinent to your inquiry is Article 

4123a-1 of Vernon’s Civil Statutes, which reads: 

“Whenever a guardian is appointed 

for the purposes of enabling a person to 

receive not more than Forty ($40.00) Dollars a m( 

era1 Government, the Court may, in its 

discretion, order that no costs orfees ‘.~ 

h 11 be charged in connection with the 

ir%eeding.” 

. . 
C 

Honorable John H. Winters, Page 2 

The statute is a grant of power to the probate court to order that no costs shall be charged in 

such proceedings. The language of the law is plain and 

unequivocal and such power may not be enlarged by construction. It is limited to cases where the grant is 

under Forty Dollars per month. 

We are of the opinion that probate courts are 

not authorized to order that no costs shall be charged 

in a proceeding to appoint a guardian to receive Old 

Age Assistance payments from the State and/or Federal 

Government in excess of Forty Dollars per month. 

We do not construe the law to permit a county 

court to decide whether the court costs may be waived 

until it is ascertained, by such court that the compensation from the State and/or Federal Government does not 

exceed Forty Dollars per month. In order for the court 

to have the power to order that no fees need be paid, it 

must be established that less than $40.00 

to be received. It is immaterial whether 

established by your department or someone 

hearing of the case. 

per month is 

this fact is 

else, on the 

SUMMARY 

Probate courts are not authorized to order 

that no costs shall be charged in a proceeding 

to appoint a guardian to receive Old Age Assistance payments from the State and/or Federal Government until it has been ascertained that the 

grant of such payments does not exceed Forty 

Dollars per month. Art. 4123a-1, V.C.S. 

Yours very truly 

APPROVED 

xkisR& 

RAL OF TEXAS 

Yy . ‘I’ . r811iiams 

Assistant 

WTW: jrb