alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### COPP PAVING COMPANY, INC., Copp Equipment Company, Inc., and Ernest A. Copp, Appellants, v. GULF OIL COMPANY OF CALIFORNIA, Industrial Asphalt, Inc., Sully-Miller Contracting Company, and Edgington Oil Company, Appellees.

No. 72-2152.

United States Court of Appeals, Ninth Circuit.

March 14, 1980.

Before CARTER and GOODWIN, Circuit Judges, and FERGUSON,* District Judge.

*

 The Honorable Warren John Ferguson, United States District Judge for the Central District of California, sitting by designation.

The above entitled matter is remanded to the District Court for further proceedings pursuant to the opinion of the United States Supreme Court rendered December 17, 1974, 419 U.S. 186, 95 S.Ct. 392, 42 L.Ed.2d 378.
EXHIBIT 31.2
CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO RULE 13a-14a/ 15d-14a
I, Peter L. Buzy, certify that:
1. I have reviewed this quarterly report on Form 10-Q of Martek BiosciencesCorporation;
2. Based on my knowledge, this quarterly report does not contain any untruestatement of a material fact or omit to state a material fact necessary to makethe statements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by this quarterlyreport;
3. Based on my knowledge, the financial statements, and other financialinformation included in this quarterly report, fairly present in all materialrespects the financial condition, results of operations and cash flows of theregistrant as of, and for, the periods presented in this quarterly report;
4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:   a) designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision,to ensure that material information relating to the registrant, includingits consolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this quarterly report isbeing prepared;   b) evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end ofthe period covered by this report based on such evaluations; and   c) disclosed in this quarterly report any change in theregistrant’s internal control over financial reporting that occurredduring the registrant’s most recent fiscal quarter that hasmaterially affected, or is reasonably likely to materially affect,the registrant’s internal control over financial reporting; and
5. The registrant’s other certifying officer and I have disclosed, based onour most recent evaluation of internal controls over financial reporting, tothe registrant’s auditors and the audit committee of the registrant’s board ofdirectors (or persons performing the equivalent functions):
a) all significant deficiencies and material weaknesses in the designor operation of internal control over financial reporting which arereasonably 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 orother employees who have a significant role in the registrant’s internalcontrol over financial reporting.
Date: March 16, 2004
/s/ Peter L. Buzy
Peter L. Buzy
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JUL-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                         214,000
<SECURITIES>                                         0
<RECEIVABLES>                                1,457,000
<ALLOWANCES>                                   120,000
<INVENTORY>                                  1,672,000
<CURRENT-ASSETS>                             3,540,000
<PP&E>                                         390,000
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               3,930,000
<CURRENT-LIABILITIES>                        2,884,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                 12,142,000
<COMMON>                                    11,053,000
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 3,930,000
<SALES>                                      2,306,000
<TOTAL-REVENUES>                             2,306,000
<CGS>                                        1,717,000
<TOTAL-COSTS>                                2,838,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              33,000
<INCOME-PRETAX>                              (565,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (565,000)
<EPS-PRIMARY>                                   (0.17)
<EPS-DILUTED>                                        0
        

</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-6766

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

RUSSELL MARCUM, JR.,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Charles H. Haden II, Chief

District Judge. (CR-92-154, CA-94-1067-2)

Submitted: January 11, 1996 Decided: January 23, 1996

Before RUSSELL, HALL, and WILKINSON, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Russell Marcum, Jr., Appellant Pro Se. Michael M. Fisher, OFFICE

OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals from the district court's order denying his

28 U.S.C. § 2255 (1988) motion. We have reviewed the record and the

district court's opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we affirm on

the reasoning of the district court. United States v. Marcum, Nos.

CR-92-154; CA-94-1067-2 (S.D.W. Va. Apr. 24, 1995). We dispense

with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument

would not aid the decisional process.

AFFIRMED
Exhibit 32.1



CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350



In connection with the Quarterly Report on Form 10-QSB of Full House Resorts, Inc. for the period ended June 30, 2004 as filed with the Securities and Exchange Commission (the Report), I, Andre M. Hilliou,
Chief Executive Officer of Full House Resorts, Inc., hereby 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; and
| | --- | ---------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Full House Resorts, Inc.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------



|                       |  |     |  |                        
|---------------------- |  | --- |  | -----------------------
|Dated: August 16, 2004 |  | By: |  | /s/ ANDRE M. HILLIOU . 
|                       |  |     |  | Andre M. Hilliou       
|                       |  |     |  | Chief Executive Officer



CERTIFICATION OF
PRINCIPAL FINANCIAL OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350



In connection with the Quarterly Report on Form 10-QSB of Full House Resorts, Inc. for the period ended June 30, 2004 as filed with the
Securities and Exchange Commission (the Report) I, Greg Violette, Chief Financial Officer of Full House Resorts, Inc., hereby 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; and
| | --- | ---------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Full House Resorts, Inc.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------



|                       |  |     |  |                        
|---------------------- |  | --- |  | -----------------------
|Dated: August 16, 2004 |  | By: |  | /s/ GREG VIOLETTE .    
|                       |  |     |  | Greg Violette          
|                       |  |     |  | Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS FOR THE YEAR ENDED 12/31/99 AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                           2,433
<SECURITIES>                                    45,039
<RECEIVABLES>                                    7,216
<ALLOWANCES>                                       651
<INVENTORY>                                          0
<CURRENT-ASSETS>                                55,663
<PP&E>                                           1,209
<DEPRECIATION>                                     568
<TOTAL-ASSETS>                                  61,354
<CURRENT-LIABILITIES>                            3,675
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           114
<OTHER-SE>                                      57,565
<TOTAL-LIABILITY-AND-EQUITY>                    61,354
<SALES>                                         25,265
<TOTAL-REVENUES>                                25,625
<CGS>                                            8,899
<TOTAL-COSTS>                                    8,899
<OTHER-EXPENSES>                                    43
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (10,772)
<INCOME-TAX>                                     4,369
<INCOME-CONTINUING>                            (6,403)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (6,403)
<EPS-BASIC>                                     (0.73)
<EPS-DILUTED>                                   (0.73)


</TABLE>
[Federal Register Volume 75, Number 204 (Friday, October 22, 2010)]
[Notices]
[Page 65390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26794]


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

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration <greek-i> 12279 and <greek-i> 12280]


Iowa Disaster Number IA-00024

AGENCY: U.S. Small Business Administration.

ACTION:  Amendment 6.

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

SUMMARY: This is an amendment of the Presidential declaration of a 
major disaster for the State of Iowa (FEMA-1930-DR), dated 08/14/2010.
    Incident: Severe storms, flooding, and tornadoes.
    Incident Period: 06/01/2010 through 08/31/2010.
    Effective Date: 10/15/2010.
    Physical Loan Application Deadline Date: 11/12/2010.
    EIDL Loan Application Deadline Date: 05/16/2011.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street, SW., 
Suite 6050, Washington, DC 20416

SUPPLEMENTARY INFORMATION: The notice of the Presidential disaster 
declaration for the State of Iowa, dated 08/14/2010 is hereby amended 
to include the following areas as adversely affected by the disaster:
Primary Counties: (Physical Damage and Economic Injury Loans): Boone, 
Calhoun, Shelby.
Contiguous Counties: (Economic Injury Loans Only):
    Iowa: Audubon, Carroll, Cass, Harrison, Pottawattamie.
    All other information in the original declaration remains 
unchanged.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

Cynthia G. Pitts,
Acting Associate Administrator for Disaster Assistance.
[FR Doc. 2010-26794 Filed 10-21-10; 8:45 am]
BILLING CODE 8025-01-P
III. Template. 

The National Aeronautics and Space Administration (NASA) establishes the following goals with respect 

to the number of FOIA requests and administrative appeals to be processed for the next three fiscal years as 

well as the number of requests and number of appeals it expects to be pending beyond the statutory time 

period at the end of each fiscal year for Fiscal Years 2008, 2009 and 2010. 

Requests

Fiscal Year 

Number of 

Pending Requests 

at the Beginning of 

FY 

Estimated Number 

of Requests 

Incoming During 

FY 

Agency’s Goal for 

Number of 

Requests to be 

Processed During 

FY 

Agency’s Goal for 

Number of 

Requests Pending 

Beyond Statutory 

Time Period (i.e. 

Backlog) at End of 

FY 

2008 389 1200 1300 289 

Fiscal Year 

Projected Number 

of Requests 

Pending Beyond 

Statutory Time 

Period (Backlog) 

at the Beginning of 

FY 

Estimated Number 

of Requests 

Incoming During 

FY 

Agency’s Goal for 

Number of 

Requests to be 

Processed During 

FY 

Agency’s Goal for 

Number of 

Requests Pending 

Beyond Statutory 

Time Period (i.e. 

Backlog) at End of 

FY 

2009 289 1200 1300 189 

2010 189 1200 1300 89 

Appeals

Fiscal Year 

Number of 

Pending Requests 

at the Beginning of 

FY 

Estimated Number 

of Requests 

Incoming During 

FY 

Agency’s Goal for 

Number of 

Requests to be 

Processed During 

FY 

Agency’s Goal for 

Number of 

Requests Pending 

Beyond Statutory 

Time Period (i.e. 

Backlog) at End of 

FY 

2008 1 24 25 0 

Fiscal Year 

Projected Number 

of Requests 

Pending Beyond 

Statutory Time 

Period (Backlog) 

at the Beginning of 

FY 

Estimated Number 

of Requests 

Incoming During 

FY 

Agency’s Goal for 

Number of 

Requests to be 

Processed During 

FY 

Agency’s Goal for 

Number of 

Requests Pending 

Beyond Statutory 

Time Period (i.e. 

Backlog) at End of 

FY 

2009 0 24 24 0 

2010 0 24 24 0
#### Stingle and Others *v.*Hawkins.—In error.

A VENDOR of certain town lots gave the vendee a title-bond conditioned for the making of a deed for the lots on payment of certain notes, which were taken for thex purchase-money and were payable two years after date. *Held,*that a suit on the notes would not lie, unless the vendor had made or *436offered to make a deed for the lots, or could show a sufficient reason for his failure to do *so.*— Leonard v. *Bates,*1 Blackf. *172.*—Owen v. *Norris,*5 *id. 479.*—Burrows v. *Yount,*6 *id.*458.
arna-ex103_204.htm



 

Exhibit 10.3

            



AMENDMENT No. 1

to

 Joan Schmidt Offer of Employment

dated December 10, 2019

 

This Amendment No. 1 is made as of February 24, 2020 between Arena Pharmaceuiticals, Inc. (“Arena” or “Company”) and Joan Schmidt (“Candidate”).   Whereas the Company and the Candidate signed an Offer of Employment dated December 10, 2019 and fully executed on January 12, 2020, the parties hereby agree to amend the terms of the Offer of Employment as set forth below:

 


	
1.
	
Equity Award.  The section of the Offer Employment relating to the equity award (or “Option Grant”) is replaced in its entirety with the following: 




 

“As an incentive to accept Arena’s offer of employment and in connection with your acceptance of this offer of employment and the commencement of your employment, we will recommend to the Compensation Committee of the Board of Directors, or other authorized committee, that you be granted an option to purchase 132,000 (one-hundred thirty-two thousand) shares of the Company’s common stock (the “Stock Option Award”) and a Performance Restricted Stock Unit consisting of 6,300 shares of the Company’s common stock (the “PRSU Award”) (collectively the “Equity Awards”).  The Equity Awards will be granted on March 15, 2020 and are subject the terms and conditions of the Company’s Equity Incentive Plan(s) under which each award is granted and the Grant Agreement associated with each award, including the applicable vesting criteria.”

 


	
2.
	
One Time Bonus.  The section of the Offer Employment relating to the One Time Bonus shall be removed, as you confirmed receipt of your 2019 annual bonus from your then-current employer.  




 


	
3.
	
Except as explictly set forth herein, the Offer of Employment will remain in full force and effect.




 

Please indicate your acceptance of this Amendment to the Offer of Employment byu signing below and returning a copy to me 

 

Warm regards,

 

ARENA PHARMACEUITCALS, INC.

 

By:  /s/ Suzanne Zoumaras 

        Suzanne Zoumaras

        EVP & Chief Human Resources Officer

 

 

Agreed and Accepted

 

This 24th day of February, 2020

 

        /s/ Joan Schmidt       

        Joan Schmidt

 

                                                                                                     Page 1 of 1
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

 Respondent

 v.

MICHAEL GAJEWSKI,

 Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 183 WAL 2014

Petition for Allowance of Appeal from the

Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 26th day of August, 2014, the Petition for Allowance of Appeal is

DENIED.
#### Smith, Appellant, *v.*Ayres, Aud., et al., Appellees.

(No. 1108

Decided July 20, 1945.)

*Mr. Jacob Levin,*for appellant.

*Mr. William G. Wichens,*prosecuting attorney, for appellees.

Doyle, J.

The sole debatable question in this appeal on questions of law from the Court of Common Pleas of Lorain county is whether real property, which has been sold, following tax delinquency, pursuant to the *320forfeited land statutes, on a date between the day preceding the second Monday in April (the date of the establishment of a tax lien on real property — Section 5671, General Code) and the date upon which the real property tax lien becomes due and payable (the following December — Section .2653, General Code) is to be conveyed to the purchaser thereof, free and clear from the said April statutory lien.

Upon a reconsideration of this case, the members of this court are of the opinion that the Supreme Court of this state has so construed' Section 5752, General Code, as to compel a determination that the purchaser takes title to the property free from the April lien, although not due and payable until after the sale. *State, ex rel. City of South Euclid,*v. *Zangerle, Aud.,*145 Ohio St., 433.

A part of Section 5752, General Code, provides:

> , “Such sale shall convey the title to the said tract or parcel of land, divested of all liability for any *arrearages*of taxes, assessments, penalties, interest and costs which remain after applying thereon the amount for which it was sold.” (Italics ours.)

In the opinion of the case cited, the word “arrearages” as used in the statute was given consideration, and it was there determined, as we construe the decision, that the word means “indebtedness,” whether due or not due. Under this interpretation, and applying it to the case now under consideration, the statutory tax lien of April created a tax indebtedness against the property, and therefore it became an “arrearage” within the meaning of the statute which cleared the property of liability for “arrearages” upon sale.

The judgment of the Court of Common Pleas entering judgment for the defendants upon the pleadings *321is therefore reversed, and the cause remanded for a hearing upon the merits.

*Judgment reversed.*

Washburn, P. J., and Stevens, J., concur.
OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

l r oi July 16, lW, 

do*Lrr to bar5 turit uhot m 

d hr. thm ro& euthorlty on6 

b4 l x p ea to ed eR roror ml* sa w.* 

proribsr 

hrtiole 8008, Rorlm6 Civil f3tatutrs of m&s, 

*We Com1&8rio~orr of Karke\;s an4 Warn-- 

hewer 8hrlt have power a54 authority tb m-0 

fore0 or QU&O to be aotorood, cony pnwlsioa 

Of thh OhaptW. Ke rhall sppalnt a ohlat 
do uty, 

WI t 

uho ahall be kwwn as Chlof Deputy of 

ghta anb tie4ww44. In the abeworn or.lnablllty 

of the Comis~ioaer, maah dqiutr msy prforn 

any duty required by the pmvicrlona of thla 

ohaptrr. * l .* 

ArtlOlO 5909, Rericred CiTll Sktutes oi 1988, 

prwldsri 

vho C4aml4slaor Shall irmrtl(trt* oonditlanr 

tr Ir c 4 uth~o4 muat tae, nd l8peolalljr la all the 

oltlar on4 towaa la th* 3t8t4, rlth rupee% to 

wolb;htls and aulburas, and the 4414 Of (Isads, 

rrrrer.nnd urobandlm, oomeditlar, food duff 

and to.6 duff @old irr pooka@m or ~ofitaLaar& 

and alro all kl.5do Of f44a, tttel er 144 th4t. 

lu raid by wl&t er mm~uro~ . . ." 

uld4Sl 

artlolr 89wJ. 1Raviwd ClVll Btatuts*, rofs*p+ 

;., 

hrtiola 89 of the Coda of Crlalnal E’reordura 

prescrlbw t&e dutler of p44o4 ofiiowa ea follower 

*It la th4 duty of wery pwoe officer to 

pr4asrvo tha pss*oa dthin hlr jurirdlotlon. 

TO eff'wt thiw purpem, ho l -11 a94 alI law 

rul muna. lh SbaLl, in avary eesi where h* 1s 

authorlsad br the pr0~1~l.o~ of thla Code, l&t@+ 

fwa4ulthout WaTFWt to PX'WOBt Or MDDr444 

B4 ahall ar4aut4+ll l4eux groor~... 

i..aai to him by any mgirtnte or omFt;. Be 

shall &ire notlaa to @OUW ?nagi@trate Of 911 

Off44448 OodttQd Within hi8 $iriSdiQtiOn, 

where he kitas go& ratamn to bsl?ero than, has 

been (L tio3atlan of the pslul law. f&a shall 

errs& offenders without vffirraat in every 
04 80 wh wa h o 1 8 l uthwlsed b,~ lim, In order th a t 

thay lray ba k&en betma t&a proper magirtrato 

OT oowt ad bo trl8d." 

190 tl%ut thrt Ma rarogtdng will 84W4 to alarify 

that portlen af Opl&Qn Oo. O-S490 whloh 4~ arQ to 00~. 

fuQ8 yQu. W4 Q&B11 8IplB 6drlQe mat Jop, r n your orpQol* 

am O&lot Deputy of W*l#!* aa4 Wmtro8, ar4 net l paOfiQally ehs? ad With t&4 MfO8OOI&ait Of the QTOT~~OII# Of 

Artial.4 k t sd, P0aQl Ood0. WwQTor, ln 4l.a thQQ4 44Perb 

1nQtm.Q rbwr0 y4u 00rld0r a rialation of raid p-1 

atotuto 88 faUl~~# mlthln th4 bouPd, of oas or mom of t?toae 

ln+oatl#Aloar whloh fori Qr4 authsrimd to 4onduot by tlro 

tama of &Mole 59OV, 8*rl8ad Oivll Statutaa of Tax&r 

thm, t&a atatutwy rwiriqnr 88t out rbwe olaarly & 

JOU powo~ sad authe 

9 

b $a lwoka mad ogforae tha #anal 

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qt~aQtl0a o f dutyy o u l hall ba @lbd by ytmr aoand dlrorr 

tian.