alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### STATE of Louisiana v. Tony GREEN.

No. 2010-KK-2715.

Supreme Court of Louisiana.

Feb. 4, 2011.

In re Green, Tony; —Defendant; Applying For Supervisory and/or Remedial Writs, Parish of St. Bernard, 34th Judicial District Court Div. E, No. 333-943; to the Court of Appeal, Fourth Circuit, No. 2010-K-1496.

*313On the showing made, the Petition for Writ of Review or Certiorari filed by the defendant is denied.
Exhibit 32.1

WRITTEN STATEMENT

OF THE CHIEF EXECUTIVE OFFICER (PRINCIPAL EXECUTIVE OFFICER)

AND THE CHIEF FINANCIAL OFFICER (PRINCIPAL FINANCIAL OFFICER)

PURSUANT TO 18 U.S.C. 1350

Solely for the purpose of complying with 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, we, the undersigned Chief Executive Officer (Principal Executive Officer) and Chief Financial Officer (Principal Financial Officer) of Noble International, Ltd. (the Company), hereby
certify that to the best of our knowledge the Annual Report of the Company on Form 10-K for the year ended December 31, 2007 (Report) fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934
and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Dated: April 14, 2008



By:

/s/    THOMAS L.
SAELIName:

Thomas L. SaeliTitle:

Chief Executive Officer (Principal Executive Officer) of Noble International, Ltd.By:

/s/    DAVID J.
FALLONName:

David J. FallonTitle:

Chief Financial Officer (Principal Financial Officer) of Noble International, Ltd.
Exhibit 10.7


 


FIRST AMENDMENT


TO THE


MIVA, Inc. (fka FINDWHAT.COM, INC.)


2004 STOCK INCENTIVE PLAN


 


Background Information


 


A.                                   Miva, Inc.
(the “Company”) maintains the MIVA, Inc. (fka FindWhat.com, Inc.)
2004 Stock Incentive Plan (the “Plan”).


 


B.                                     The
United States Treasury Department issued final regulations that mandate Plan
amendments with respect to Internal Revenue Code Section 409A.


 


C.                                     The
Company has the power to amend and modify the Plan pursuant to Section 15
thereof.


 


D.                                    The
Company desires to amend the Plan to bring the Plan into compliance with
Internal Revenue Code Section 409A.


 


Plan Amendment


 


The amendments set forth below shall be effective January 1, 2009.


 


1.                                       The following
clause is added after the last sentence of Section 13:


 


                                                “and
provided that the adjustments will be made in such a manner so as to avoid (1) making
awards previously exempt from Section 409A of the Code subject to Section 409A
of the Code and (2) making awards previously compliant with Section 409A
of the Code violate Section 409A of the Code.”


 


2.                                       The following Section 16(x) is
added to the Plan:


 


“This plan will be administered in such a manner so that awards are
either exempt from, or compliant with, Section 409A of the Code.”


 


3.                                       The remainder of
the Plan shall remain unchanged.


 


[SIGNATURE
BLOCK FOLLOWS ON NEXT PAGE]


 


1

















 


The Company has caused this First Amendment
to the FindWhat.com, Inc. 2004 Stock Incentive Plan to be executed on its
behalf, by its officer duly authorized, this 18th day of December, 2008.


 


 


	
   

  	
  Miva, Inc.

  
	
   

  	
   

  
	
   

  	
  By:

  	
   

  	
  /s/ John B. Pisaris

  
	
   

  	
   

  
	
   

  	
  Its:

  	
   

  	
  General Counsel & Secretary

  
					



 


2
#### In re LOUISIANA JUDICIARY COMMISSION NO. 10-7427.

No. 2010-O-2458.

Supreme Court of Louisiana.

April 8, 2011.

In re Johnson, Elfrida W.; —Plaintiff; Applying for Reconsideration of this Court’s action dated January 7, 2011; Ju*676diciary Commission of Louisiana, No. 10-7427.

Denied.

WEIMER, J., recused.
**Exhibit 32.1**

**Certificationof the Chief Executive Officer Pursuant to18 U.S.C. Section 1350,as Adopted Pursuant toSection 906 of the Sarbanes-Oxley Act of 2002**

In connection with the Annual Report on Form 10-Kof PRAECIS PHARMACEUTICALS INCORPORATED (the “Company”) for the year ended December 31,2005 as filed with the Securities and Exchange Commission on the date hereof(the “Report”), I, Kevin F. McLaughlin, as Chief Executive Officer of theCompany, hereby certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:

1.                The Report fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange 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 Company.
| /s/ KEVIN  F. MCLAUGHLIN |                     |
|--------------------------|--------------------------|
| Name:                    | Kevin F.  McLaughlin     |   |
| Title:                   | Chief Executive  Officer |   |
| Date:                    | March 17,  2006     |   |

 

----
081104-F-JZ033-207.JPG
            DONALD A. QUARLES**Served as secretary of the Air Force from Aug. 15, 1955 to April 30, 1957.**
Donald A. Quarles was the fourth secretary of the Air Force. 
He was born in Van Buren, Ark. in 1894. After completing high school, he enrolled in the University of Missouri Summer School at Columbia in 1910, 1911 and 1912, teaching mathematics in the Van Buren High School during the intervening seasons. Entering Yale University in 1912, he graduated with a bachelor of arts degree in 1916. He enlisted in the Army in May 1917, served two years in France and Germany, and was discharged with the rank of captain in the Field Artillery. 
Employed as an engineer by the Western Electric Company during 1920 and 1921, Quarles studied theoretical physics as a part-time student at Columbia. Joining the Inspection Engineering Department of Western Electric in 1924 (which became Bell Telephone Laboratories the following year), four years later, he was in the Outside Plant Development Department, being placed in charge of this department the following year. 
From 1940 to 1944, Quarles was director of the Transmission Development Department of Bell Telephone Laboratories which concentrated on military electronic systems, particularly radar. He was then appointed director of Apparatus Development, and in 1946, also became a member of the newly-established Department of Defense Committee on Electronics of the Joint Research and Development Board and in 1949, he was named chairman. 
In 1948, Quarles was designated vice president of Bell Telephone Laboratories. He was made vice president of Western Electric and president of Sandia Corporation, a Western Electric subsidiary which operates the Sandia Laboratory in Albuquerque, N.M., for the Atomic Energy Commission, on March 1, 1952. 
On Oct. 1, 1953, he was appointed assistant secretary of defense (research and development). Selected jointly by the secretaries of defense and commerce to be the first chairman of the reorganized Air Navigation Development Board in January 1954. Two months later, the president appointed Quarles a member of the National Advisory Committee for Aeronautics. 
Quarles was given an interim appointment as secretary of the Air Force by President Eisenhower Aug. 11, 1955, sworn into office Aug. 15, 1955, and confirmed by the Senate Feb. 16, 1956. He died in Washington, D.C. in 1959.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   YEAR                   YEAR
<FISCAL-YEAR-END>                          JAN-02-1999             JAN-03-1998
<PERIOD-START>                             JAN-04-1998             DEC-29-1996
<PERIOD-END>                               JAN-02-1999             JAN-03-1998
<CASH>                                              20                  13,676
<SECURITIES>                                         0                       0
<RECEIVABLES>                                   18,095                   9,696
<ALLOWANCES>                                     2,325                   1,375
<INVENTORY>                                     41,801                  21,787
<CURRENT-ASSETS>                                59,586                  44,777
<PP&E>                                          61,760                  28,313
<DEPRECIATION>                                  16,222                  12,538
<TOTAL-ASSETS>                                 181,943                  63,792
<CURRENT-LIABILITIES>                           41,708                   7,704
<BONDS>                                        119,339                  82,100
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                             0                       0
<OTHER-SE>                                      10,517                (28,005)
<TOTAL-LIABILITY-AND-EQUITY>                   181,943                  63,792
<SALES>                                        124,082                  96,637
<TOTAL-REVENUES>                               124,082                  96,637
<CGS>                                           91,105                  71,701
<TOTAL-COSTS>                                   22,030                  16,838
<OTHER-EXPENSES>                                     0                     804
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                              11,527                   8,422
<INCOME-PRETAX>                                (1,016)                   (900)
<INCOME-TAX>                                     (335)                    1945
<INCOME-CONTINUING>                                  0                       0
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                     (681)                 (2,845)
<EPS-PRIMARY>                                        0                       0
<EPS-DILUTED>                                        0                       0
        

</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   12-MOS                   12-MOS
<FISCAL-YEAR-END>                          JAN-31-1999             JAN-31-1998
<PERIOD-START>                             FEB-01-1998             FEB-01-1997
<PERIOD-END>                               JAN-31-1999             JAN-31-1998
<CASH>                                       1,521,301               1,571,861
<SECURITIES>                                         0               1,593,032
<RECEIVABLES>                                2,060,694               1,152,354
<ALLOWANCES>                                   108,000                  55,000
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                             3,578,911               4,638,554
<PP&E>                                       2,107,452               1,019,223
<DEPRECIATION>                                 693,114                 341,663
<TOTAL-ASSETS>                               5,070,099               7,965,229
<CURRENT-LIABILITIES>                        1,895,063               1,329,952
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                     6,906,409               6,737,929
<OTHER-SE>                                 (3,783,601)               (173,088)
<TOTAL-LIABILITY-AND-EQUITY>                 5,070,099               7,965,229
<SALES>                                      6,133,275               6,023,402
<TOTAL-REVENUES>                             6,133,275               6,023,402
<CGS>                                        4,163,513               3,901,570
<TOTAL-COSTS>                                4,163,513               3,901,570
<OTHER-EXPENSES>                             5,776,428               2,243,480
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                              29,301                  63,725
<INCOME-PRETAX>                            (3,667,842)                 (8,838)
<INCOME-TAX>                                 (102,019)                  46,567
<INCOME-CONTINUING>                                  0                       0
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                               (3,565,823)                (55,405)
<EPS-PRIMARY>                                   (1.34)                  (0.03)
<EPS-DILUTED>                                   (1.34)                  (0.03)
        

</TABLE>
**Exhibit32**

 

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTEDPURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with theQuarterly Report of Alternative Resources Corporation (the “Company”) on Form10Q for the period ended March 31, 2004 as filed with the Securities andExchange Commission on the date hereof (the “Report”), the undersigned ChiefExecutive Officer and Chief Financial Officer of the Company hereby certify,pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of theSarbanes-Oxley Act of 2002, that based on their knowledge:

 

(1) The Report fullycomplies 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 Company as of and forthe periods covered in the Report.

 

 
| /s/ Robert P. Stanojev                       |               |   |
|----------------------------------------------|--------------------|--------|
| Robert P. Stanojev,  Chief Executive Officer | Date: May 10, 2004 |
|                                         |               |
|                                         |               |
| /s/ Steven Purcell                           |               |   |
| Steven Purcell, Chief  Financial Officer     | Date: May 10, 2004 |

 

----
#### Darin CHRISTOPHER, Appellant, v. STATE of Florida, Appellee.

No. 5D10-4273.

District Court of Appeal of Florida, Fifth District.

April 8, 2011.

Bernard F. Daley, Jr., of The Daley Law Office, P.A., Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Ap-pellee.

*ON CONFESSION OF ERROR*

PER CURIAM.

Darin Christopher appeals from an order denying his *pro se*Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief as successive. The denial order states that the 3.850 motion improperly raises the same issue that Christopher previously raised in a motion to withdraw plea, filed pursuant to Florida Rule of Criminal Procedure 3.170(0- Christopher’s 3.850 motion alleges “newly discovered evidence” in the form of recanted testimony from a State’s witness. The State concedes that this issue was not raised in the prior 3.170(0 motion, and that the 3.850 motion should have been considered on the merits.

Accordingly, we reverse and remand for consideration of the 3.850 motion on the merits.

MONACO, C.J., LAWSON, and EVANDER, JJ., concur.
##### 



EXHIBIT 99.1

CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,

In connection with the Annual Report on Form 10-K of Eclipsys
Corporation (the Company) for the period ended December 31, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the Report), the
undersigned, Paul L. Ruflin, Chief Executive Officer of the Company, and Robert
J. Colletti, Chief Financial Officer of the Company, each hereby certifies,
pursuant to 18 U.S.C. Section 1350, 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.

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

|                      |  |                                           
|--------------------- |  | ------------------------------------------
|                      |  | /s/ Paul L. Ruflin                        
|                      |  |                                           
|Dated: March 28, 2003 |  | Paul L. Ruflin
Chief Executive Officer    
|                      |  |                                           
|                      |  | /s/ Robert J. Colletti                    
|                      |  |                                           
|Dated: March 28, 2003 |  | Robert J. Colletti
Chief Financial Officer
#### PennDOT v. Maluchnik

*Gina M. D'Alfonso, assistant counsel,*for the Commonwealth.

*Wilbert H. Beachy III,*for appellant.

April 15, 1991

FIKE, *P.J.,*

This case is before the court on an appeal filed by Lorraine Maluchnik, challenging a Department of Transportation order which suspended her driving privileges.

*179The Department of Transportation notified appellant that her driving privileges were to be suspended for a period of one year as a result of refusal to submit to a blood alcohol test as provided by the Motor Vehicle Code, 75 Pa.C.S. §1547. The issue presented at the hearing was whether the arresting officer had reasonable grounds to believe that the appellant was operating a vehicle while under the influence of alcohol, a prerequisite for requesting a chemical test under section 1547.

The evidence revealed that on the evening of August 6,1989, Officer Alvarez was called to investigate a motor vehicle accident. Upon arrival at the scene, the officer found that appellant had been driving an automobile involved in a two-car accident. The officer smelled a slight odor of alcoholic beverage emanating from appellant. The officer also found a partially opened can of beer and an unopened can of beer in appellant’s car, which had been occupied by appellant and one other person. When the officer arrived, appellant was engaged in a very heated argument with a relative of the driver of the other car; appellant appeared flushed, upset and demonstrably excited.

In our opinion, these circumstances and the officer’s observations, taken as a whole, supplied the officer with the requisite grounds to justify a chemical test request.

We recognize that charges of driving under the influence were dismissed at the preliminary hearing stage and that a certain Mr. Shelko, who observed appellant shortly after the accident, testified at the preliminary hearing that, in his opinion, appellant was not under the influence and exhibited none of the normal characteristics of intoxication.

The question, however, is whether from the circumstances existing at the scene, the officer was justified *180in his belief, at the time, that appellant had been driving under the influence of alcohol.

We note, also, that the fact that the driving under the influence charges were dismissed does not affect this civil license suspension appeal. See *PennDOT*v. *Abraham,*7 Pa. Commw. 535, 300 A.2d 831 (1973); *PennDOT*v. *Clavson, 9*Pa. Commw. 87, 305 A.2d 732 (1973).

Accordingly, the appeal will be dismissed.

ORDER

Now, April 15, 1991, the appeal is dismissed and the suspension order of the Department of Transportation shall be reinstated.
#### Frank Herdig v. A. Walker.

(No. 5290.)

May 4, 1887.

Appeal from Tarrant County.

W. R. McLatjry, counsel for appellant.

No counsel appeared for appellee.

Opinion by

White, P. J.

§ 288. *Statement of fads; failure to obtain, ground for reversal, when.*There is no statement of facts in the record in this case. It is made to appear that during the term at which the judgment was rendered, and within five days after a motion for new trial was overruled, appellant prepared and delivered to appellee’s attorneys a statement of facts. Appellee’s attorneys having retained said statement several days, refused to agree thereto, and appellant’s attorneys then delivered said statement to the trial judge, requesting him to approve the same or to prepare a statement, etc. The judge neither approved said statement nor prepared one of his own. This all occurred before the adjournment of the court. *Held: “*Without any fault of appellant or his counsel he has been deprived of a valuable right. The law entitled him to a statement' of facts, that the cause might be properly reviewed in the appellate court. Without such statement the questions presented by the assignment of error cannot be passed upon by this court. Such failure to prepare and file a statement of facts by the trial judge is ground for reversal of the judgment. ” [2 W. Con. Rep. § 824; Ruston v. State, 15 Ct. App. 336.]

Reversed and remanded.
<TABLE>



                                 EXHIBIT 12

                      CHORUS COMMUNICATIONS GROUP, LTD.

Computation of Ratio of Earnings to Fixed Charges

                                  Year Ended December 31
                     1997       1996        1995       1994        1993
                     ----       ----        ----       ----        ----

In Thousands:
<S>                  <C>        <C>         <C>        <C>         <C>
Net Income<F1>      $5,136     $4,741      $4,572     $3,888      $3,937

Income Tax
 Expense             3,218      2,932       2,781      2,356       2,255

Interest Charges     1,301      1,408       1,203      1,132       1,185
                    ------     ------      ------     ------      ------

Total Earnings       9,655      9,081       8,556      7,376       7,377

Interest Expense     1,301      1,408       1,203      1,132       1,185
                    ------     ------      ------     ------      ------

Ratio                7.42       6.45        7.11       6.52        6.23
                    ======     ======      ======     ======      ======

<FN>
<F1> For 1996, the amount is before extraordinary charge.
</FN>
</TABLE>
583 A.2d 319

#### VALLEY MANOR ASSOCIATES, ETC. v. TOWNSHIP OF EDISON.

February 13, 1990.

Petition for certification denied.
**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**

 

 

I, David M. Bronson, Executive Vice President and Chief Financial Officer of PSS World Medical, Inc. (the “Company”), hereby certify that the Company’s Quarterly Report on Form 10-Q for the three months ended June 29, 2007 as filed with the Securities and Exchange Commission on the date hereof (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 that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

 

/s/ David M. Bronson

David M. Bronson

Executive Vice President and Chief Financial Officer

 

August 8, 2007