alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Anderson *v.*Farns.

*Monday, May*26.

Debt before a justice of the peace on a bond in the penalty of 500 dollars. The plaintiff claimed 50 dollars in damages. *Held,*that the justice had jurisdiction.

A bond to indemnify an officer against a lawful or an apparently lawful act is valid. *Miter,*if the act be unlawful.

■ ERROR to the *Randolph*Circuit Court.

Dewey, J.

— Debt before a justice of the peace by *Anderson*against *Farns.*The statement of the plaintiff’s demand was a bond against the defendant, in the penalty of 500 dollars, and conditioned, after reciting- that the plaintiff, a constable, had levied certain executions on certain property as belonging to the defendant and a certain other person, (which property had been given up by the defendant,) that the defendant should' indemnify and save harmless the plaintiff from all penalties, costs, damages, attorney’s fees, and expenses, arising from the seizure and sale of the property. The plaintiff’s demand was limited to 50 dollars in damages sustained by a breach of the condition of the bond, as appeared by a bill of particulars filed with the bond. On appeal to the Circuit Court, the action was dismissed for the want of a sufficient statement of the plaintiff’s demand.

The decision of the Circuit Court is attempted to be sustained on two grounds: 1st, that the plaintiff’s demand was above the jurisdiction of the justice of the peace; and, 2ndly, that the bond is void upon its face.

Neither objection is well founded. We have repeatedly -decided that justices may take cognizance of bonds; the penalty of which is over 100 dollars, if the amount actually claimed by the plaintiff is under that sum. *Washburn et al.*v. *Payne,*2 Blackf. 216. In this cause the plaintiff claimed but 50 dollars in damages; and the justice, therefore, had jurisdiction of the cause.

There is nothing on the face of the bond to impeach its validity. Its object was to indemnify the constable against the consequences of the seizure and sale of property on executions. The property was taken as belonging to the defendánt and a certain other person; and there is nothing in the recital in the condition of the bond to show that the taking and sale of the property were illegal acts. A bond to indem*344nify ah officer against lawful or apparently lawful acts, is but it is otherwise if the act be illegal. Chitt. on Cont. *527.*—Blackett v. *Crissop,*1 Ld. Raym. 278, *per Powell,*justice. See, also, *Wright*v. *Verney,*3 Dough 240. There might have been so much doubt as to the ownership of the property levied on, as to render it prudent for the constable to accept the bond, and there is nothing in public policy which forbade his doing so; nor is there any want of consideration for such a bond. Chitt. on Cont. *supra.*

*J. Brownlee*and *B. M‘Clelland,*for the plaintiff.

*J. Smith,*for the defendant. ■

The Circuit Court erred in dismissing the action.

*Per Curiam.*

— The judgment is reversed with costs. Cause remanded, &c.
<PAGE>   1
                                                                   Exhibit 10.20





                                                  January 12, 2000





Mr. Armando M. Codina
Chairman
Codina Group, Inc.
Two Alhambra Plaza, PH2
Coral Gables, FL 33134

Dear Armando:

                  This will confirm the following agreement relating to the
deferral of, and payment of, your directors' fees in 2000:

                  1. All directors' fees and retainers ("Fees") payable to you
in connection with your service on the boards of directors (including committees
of such boards) of AMR Corporation and American Airlines, Inc. for the period
January 1, 2000, through December 31, 2000, will be deferred and paid to you in
accordance with the following:

                  2. Fees will be converted to Stock Equivalent Units in
accordance with the Directors' Stock Equivalent Purchase Plan, a copy of which
is attached hereto as Exhibit A.

                  3. On or before January 31, 2010, all the Stock Equivalent
Units will be converted to cash and paid to you by multiplying the number of
Stock Equivalent Units as of December 31, 2009, by the arithmetic mean of the
high and low of AMR stock ("fair market value") during December 2009.

                  4. AMR's obligation to make payments pursuant to paragraph 3
hereof will not be released or modified by reason of your death. In such event,
the number of Stock Equivalent Units as of your date of death will be multiplied
by the fair market value of AMR stock during the calendar month immediately
preceding your death, and the amount paid to Margarita Codina.




<PAGE>   2




                  If the foregoing is satisfactory to you, please indicate by
signing one of the originals (two are enclosed) and returning it to me.

                                                 Very truly yours,




                                                 Charles D. MarLett
                                                 Corporate Secretary




Accepted and agreed:




-----------------------------------------
Armando M. Codina





-----------------------------------------
Date
CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned officer of Dale Jarrett Racing Adventure, Inc. (the
"registrant"), hereby certifies, to such officer's knowledge, that the
registrant's Annual Report on Form 10-K for the year ended December 31,
2008 (the "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 registrant.

                                 /s/Timothy B. Shannon
                                 ----------------------
                                 Timothy B. Shannon
                                 Chief Executive Officer
                                 Chief Financial Officer

March 30, 2009
EXHIBIT 32.1
 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    The Report fully complies with the requirements of section 13(a) or 15(d) of the
Securities Exchange Act of 1934, as amended; and2.
    
    The information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Registrant.
  BY:
    /s/ Terry E. MichaelsonTerry E. MichaelsonChief Executive Officer
(Principal Executive Officer) BY:
    /s/ Mark D. MorelandMark D. MorelandChief Financial Officer and Treasurer
(Principal Financial Officer)
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                          35,585
<SECURITIES>                                         0
<RECEIVABLES>                                  106,435
<ALLOWANCES>                                         0
<INVENTORY>                                    153,271
<CURRENT-ASSETS>                               378,327
<PP&E>                                         723,689
<DEPRECIATION>                                 344,876
<TOTAL-ASSETS>                                 998,647
<CURRENT-LIABILITIES>                          306,123
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           286
<OTHER-SE>                                     449,170
<TOTAL-LIABILITY-AND-EQUITY>                   998,647
<SALES>                                        257,326
<TOTAL-REVENUES>                               257,326
<CGS>                                          204,334
<TOTAL-COSTS>                                  231,420
<OTHER-EXPENSES>                                 (207)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               5,258
<INCOME-PRETAX>                                 20,855
<INCOME-TAX>                                     8,300
<INCOME-CONTINUING>                             12,555
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    12,555
<EPS-PRIMARY>                                     0.44
<EPS-DILUTED>                                     0.43
        

</TABLE>
#### The State *v.*Vawter.

*Saturday, December*27.

In an indictment for administering medicine to procure abortion, the name of the medicine need not be stated, nor need the medicine be described as noxious.

ERROR to the *Johnson*Circuit Court.

*A. A. Hammond, S. Major,*and *F. M. Finch,*for the state.

*W. Quarles*and *J. H. Bradley,*for the defendant.

Blackford, J.

— This is an indictment for administering medicine to produce miscarriage, &c. The charge in the indictment is, “that the defendant, on, &c., at, &c., did feloniously, •wilfully, and unlawfully, administer to one *Lucinda Hill,*then and there being pregnant with a child, a large quantity of medicine with intent thereby feloniously, &c., to procure the miscarriage of said *Imcinda Hill,*the administering said medicine to said *Lucinda Hill*not then and there being necessary to preserve the life of said *Lucinda Hill,*contrary to the statute,” &c.

The Circuit Court quashed the indictment.

The objection made to the indictment is, that it neither names the medicine administered, nor states that it was noxious.

The language of the statute is, that “ every person who shall wilfully administer to any pregnant woman any medicine, drug, substance, or thing whatever, or employ any in-, strument, &c., with intent thereby to procure the miscarriage of any'woman,” &c. This statute, so far as the present case is concerned, is similar to the 2d section of the statute of 43 of Geo. 3; and it has been held that on the trial of an indictment on that section, the name of the medicine administered need not be proved; that the question is, whether the prisoner administered any matter or thing to the woman with intent to procure abortion.. *Rex*v. *Phillips,*3 Campb. 73. If the name of the medicine need not be proved, there seems to be no good reason for naming it in the indictment. It is also decided in the case just referred to, that the indictment need not describe the medicine as noxious.

We think the indictment ought not to have been quashed.

*Per Curiam.*

— The judgment is reversed with costs. Cause remanded, &c.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Registrant's December 31, 1999 10-Q and is qualified in its entirety by
reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          MAR-31-1999
<PERIOD-START>                             APR-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                       5,627,171
<SECURITIES>                                         0
<RECEIVABLES>                                  796,062
<ALLOWANCES>                                    73,000
<INVENTORY>                                 43,465,941
<CURRENT-ASSETS>                            51,251,710
<PP&E>                                      34,290,342
<DEPRECIATION>                              17,152,093
<TOTAL-ASSETS>                              68,835,689
<CURRENT-LIABILITIES>                       27,864,102
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        65,770
<OTHER-SE>                                  40,813,473
<TOTAL-LIABILITY-AND-EQUITY>                68,835,698
<SALES>                                    126,835,949
<TOTAL-REVENUES>                           126,835,949
<CGS>                                       88,387,679
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                            32,353,910
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           (173,451)
<INCOME-PRETAX>                              6,267,811
<INCOME-TAX>                                 2,497,000
<INCOME-CONTINUING>                          3,770,811
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 3,770,811
<EPS-BASIC>                                        .57
<EPS-DILUTED>                                      .56


</TABLE>
**Exhibit 31.2**

 

**CERTIFICATION**

 

I, Patrick W. Hurley, certify that:

 

1.     I have reviewed this quarterly report onForm 10-Q of Sport-Haley, Inc.;

 

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

 

3.     Based on my knowledge, thefinancial statements, and other financial information included in this report,fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periodspresented in this report;

 

4.     The registrant’s othercertifying officer(s) and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) and internal control over financial reporting (as defined inExchange Act Rules 13a-15(f) and 15d-15(f)) for the registrant and have:

 

(a)   Designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

 

(b)   Evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

 

(c)   Disclosedin this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and

 

5.     The registrant’s othercertifying officer(s) and I have disclosed, based on our most recent evaluationof internal control over financial reporting, to the registrant’s auditors andthe audit committee of the registrant’s board of directors (or personsperforming the equivalent functions):

 

(a)   Allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and reportfinancial information; and

 

(b)   Any fraud,whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.

 

Date:       February13, 2004

 
| /s/ Patrick W. Hurley   |   |
|-------------------------|--------|
| Patrick W. Hurley       |
| Chief Financial Officer |

 

1

----
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1929 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  1st Session
                                S. 1929

_______________________________________________________________________

                                 AN ACT

 
 To amend the Employee Retirement Income Security Act of 1974 and the 
 Public Health Service Act to extend the mental health benefits parity 
                   provisions for an additional year.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mental Health Parity Reauthorization 
Act of 2003''.

SEC. 2. EXTENSION OF MENTAL HEALTH PROVISIONS.

    (a) ERISA.--Section 712(f) of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1185a(f)) is amended by striking 
``December 31, 2003'' and inserting ``December 31, 2004''.
    (b) PHSA.--Section 2705(f) of the Public Health Service Act (42 
U.S.C. 300gg-5(f)) is amended by striking ``December 31, 2003'' and 
inserting ``December 31, 2004''.

            Passed the Senate November 21, 2003.

            Attest:

                                                             Secretary.
108th CONGRESS

  1st Session

                                S. 1929

_______________________________________________________________________

                                 AN ACT

 To amend the Employee Retirement Income Security Act of 1974 and the 
 Public Health Service Act to extend the mental health benefits parity 
                   provisions for an additional year.
```
<PAGE>   1
                                                                    EXHIBIT 4.11


                     AMENDMENT NO. 1 TO THE UTI ENERGY CORP.
               AMENDED AND RESTATED 1997 LONG-TERM INCENTIVE PLAN
               ADOPTED BY THE BOARD OF DIRECTORS ON APRIL 26, 1999


                  RESOLVED, than an amendment (the "1997 Amendment") to the
         Company's Amended and Restated 1997 Long-Term Incentive Plan (the "1997
         Plan"), to increase the number of shares authorized for issuance under
         the 1997 Plan by 900,000 is hereby authorized, ratified and approved.
PRINCIPAL FINANCIAL OFFICER CERTIFICATION

I, Derin Ford, certify that:

1.   I have reviewed this annual report on Form 10-KSB of English Language
Learning and Instruction System, Inc.;

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

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

4.   The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and we have:

a)   designed such disclosure controls and procedures 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 annual report is being prepared;

b)   evaluated the effectiveness of the registrant's disclosure controls and
procedures as of a date within 90 days prior to the filing date of this annual
report (the "Evaluation Date"); and

c)   presented in this annual report our conclusions about the effectiveness
of the disclosure controls and procedures based on our evaluation as of the
Evaluation Date;

5.   The registrant's other certifying officers and I have disclosed, based on
our most recent evaluation, to the registrant's auditors and the audit
committee of registrant's board of directors (or persons performing the
equivalent function):

a)   all significant deficiencies in the design or operation of internal
controls which could adversely affect the registrant's ability to record,
process, summarize and report financial data and have identified for the
registrant'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 registrant's internal controls;
and

6.   The registrant's other certifying officers and I have indicated in this
annual report whether or not there were significant changes in internal
controls or in other factors that could significantly affect internal controls
subsequent to the date of our most recent evaluation, including any corrective
actions with regard to significant deficiencies and material weaknesses.


                              /s/ Derin Ford
Date: March 28, 2005          ____________________________________
                              Derin Ford
                              Principal Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
UNAUDITED BALANCE SHEET AS OF 8/1/98, AUDITED BALANCE SHEET AS OF 1/31/98 AND
UNAUDITED STATEMENTS OF OPERATIONS AND CASH FLOWS FOR THE QUARTERLY PERIODS
ENDED 8/1/98 AND 8/2/97 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
QUARTERLY REPORT FOR THE QUARTERLY PERIOD ENDED 8/1/98.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JAN-31-1998
<PERIOD-START>                             MAY-03-1998
<PERIOD-END>                               AUG-01-1998
<CASH>                                           2,235
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                     19,137
<CURRENT-ASSETS>                                26,042
<PP&E>                                          65,997
<DEPRECIATION>                                  20,401
<TOTAL-ASSETS>                                  71,652
<CURRENT-LIABILITIES>                           14,433
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        98,603
<OTHER-SE>                                    (44,808)
<TOTAL-LIABILITY-AND-EQUITY>                    71,652
<SALES>                                         20,862
<TOTAL-REVENUES>                                20,862
<CGS>                                           15,945
<TOTAL-COSTS>                                   11,197
<OTHER-EXPENSES>                                   340
<LOSS-PROVISION>                                 3,550
<INTEREST-EXPENSE>                                 (3)
<INCOME-PRETAX>                                (4,162)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (10,173)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (10,173)
<EPS-PRIMARY>                                   (0.44)
<EPS-DILUTED>                                        0
        

</TABLE>