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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-6212

JAMES BRADFORD,

Petitioner - Appellant,

versus

SEWALL B. SMITH; ATTORNEY GENERAL OF THE STATE

OF MARYLAND,

Respondents - Appellees.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. Benson E. Legg, District Judge. (CA-93-

4132-L)

Submitted: June 12, 1997 Decided: June 17, 1997

Before WIDENER and WILLIAMS, Circuit Judges, and PHILLIPS, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

James Bradford, Appellant Pro Se. John Joseph Curran, Jr. Attorney

General, Thomas Kevin Clancy, Assistant Attorney General, Baltimore, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant seeks to appeal the district court's orders denying

relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 &

Supp. 1997) and his motion for reconsideration of that order. We

have reviewed the record and the district court's opinion accepting

the recommendation of the magistrate judge and the order denying

Appellant's motion for reconsideration and find no reversible

error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. Bradford v.

Smith, No. CA-93-4132-L (D. Md. Sept. 24 & Nov. 6, 1996). 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.

DISMISSED
Electronically FiledIntermediate Court of Appeals3063001-SEP-201108:12 AM
Amendment to Pentair's Management Incentive Plan



 
Exhibit 10.15

 
AMENDMENT TO THE PENTAIR, INC.

MANAGEMENT INCENTIVE PLAN 
 
The Pentair, Inc. Management Incentive Plan (the “MIP”) as currently in effect is hereby amended
effective January 1, 2003 as follows: 
 
1.
    The section entitled “Qualifying Positions and BOC Percentages” is hereby deleted and replaced with the following: 
 
Qualifying Positions and BOC Percentages 
 
Bonus Opportunity Category (“BOC”) percentages are assigned to each salary grade level by the Pentair, Inc. Compensation
Committee based on competitive market data. Individuals who move between grades during the year will have Incentive Award calculations completed for each BOC percentage prorated for the number of months at each BOC percentage. Annual awards under
the MIP are determined by multiplying the participant’s base salary by his or her Bonus Opportunity Category percentage (a percentage of base salary based on salary grade level), by the performance factor achieved by the participant (measured
against the performance goals, and weightings for such goals, established by the Committee). The Committee, at its discretion, may add salary grade levels to the Plan and may change the BOC percentage it assigns to a salary grade. 
 
2.     The sections entitled
“Incentive Awards,” “Establishment of Company Goals and Factors,” “Corporate and Subsidiary Performance Factor” and “Individual Performance Factor” are hereby deleted and replaced with the following new
section: 
 
Performance Goals 
 
The Compensation Committee shall establish annual performance
goals for each participant using one or more of the following business measurements of Pentair or one of its business units as selected by the Compensation Committee: net income; stockholder return; stock price appreciation; earnings per share;
revenue growth; return on investment; return on invested capital; earnings before interest, taxes, depreciation and amortization; operating income; market share; return on sales; asset reduction; cost reduction; return on equity; cash flow; and new
product releases. The Compensation Committee may also use individual performance measures such as strategy deployment. The Compensation Committee shall also establish the weight to be given to each performance goal for the year. 
 
3.     The foregoing amendments shall
apply to individuals who are participants under the MIP on January 1, 2003, or thereafter. 
 

1 








 
The
undersigned, by the authority of the Board of Directors of Pentair, Inc., does hereby approve the form and content of this amendment to the MIP. 
 
 

	 Dated:
	 	 	 	 	 	 
	 	 	
	 	 	 	

	 	 	 	 	 	 	 Louis Ainsworth,

	 	 	 	 	 	 	 Senior Vice President, General Counsel
 and Secretary of Pentair, Inc.


 
 
The undersigned, by the authority of the Board of Directors of Pentair, Inc., does hereby execute the foregoing document for and on behalf
of Pentair, Inc. effective as of January 1, 2003. 
 

	 	 	 	 	 	 	 PENTAIR, INC.

	
	 Dated:
	 	 	 	 	 	 By:
	 	 
	 	 	
	 	 	 	 	 	

	 	 	 	 	 	 	 Its:
	 	  



 
 

2
[Federal Register Volume 79, Number 196 (Thursday, October 9, 2014)]
[Notices]
[Page 61125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24138]


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

DEPARTMENT OF STATE

[Public Notice 8914]


Culturally Significant Objects Imported for Exhibition 
Determinations: ``Warriors and Mothers: Epic Mbembe Art'' Exhibition

SUMMARY: Notice is hereby given of the following determinations: 
Pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 
1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 
Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, Delegation of Authority No. 236-3 
of August 28, 2000 (and, as appropriate, Delegation of Authority No. 
257 of April 15, 2003), I hereby determine that the objects to be 
included in the exhibition ``Warriors and Mothers: Epic Mbembe Art,'' 
imported from abroad for temporary exhibition within the United States, 
are of cultural significance. The objects are imported pursuant to loan 
agreements with the foreign owners or custodians. I also determine that 
the exhibition or display of the exhibit objects at The Metropolitan 
Museum of Art, New York, NY, from on or about December 9, 2014, until 
on or about September 7, 2015, and at possible additional exhibitions 
or venues yet to be determined, is in the national interest. I have 
ordered that Public Notice of these Determinations be published in the 
Federal Register.

FOR FURTHER INFORMATION CONTACT: For further information, including a 
list of the exhibit objects, contact Julie Simpson, Attorney-Adviser, 
Office of the Legal Adviser, U.S. Department of State (telephone: 202-
632-6467). The mailing address is U.S. Department of State, SA-5, L/PD, 
Fifth Floor (Suite 5H03), Washington, DC 20522-0505.

    Dated: October 3, 2014.
Kelly Keiderling,
Principal Deputy Assistant Secretary, Bureau of Educational and 
Cultural Affairs, Department of State.
[FR Doc. 2014-24138 Filed 10-8-14; 8:45 am]
BILLING CODE 4710-05-P
{"version":"1.0","provider_name":"NASA","provider_url":"https:\/\/www.nasa.gov","author_name":"NASA","author_url":"https:\/\/www.nasa.gov\/author\/nasamigrate\/","title":"Record-Breaking NASA Astronaut Mark Vande Hei’s Contributions to Human Research Studies","type":"rich","width":600,"height":338,"html":"<blockquote class=\"wp-embedded-content\" data-secret=\"y5IyImdfvH\"><a href=\"https:\/\/www.nasa.gov\/humans-in-space\/record-breaking-nasa-astronaut-mark-vande-heis-contributions-to-human-research-studies\/\">Record-Breaking NASA Astronaut Mark Vande Hei’s Contributions to Human Research Studies<\/a><\/blockquote><iframe sandbox=\"allow-scripts\" security=\"restricted\" src=\"https:\/\/www.nasa.gov\/humans-in-space\/record-breaking-nasa-astronaut-mark-vande-heis-contributions-to-human-research-studies\/embed\/#?secret=y5IyImdfvH\" width=\"600\" height=\"338\" title=\"“Record-Breaking NASA Astronaut Mark Vande Hei’s Contributions to Human Research Studies” — NASA\" data-secret=\"y5IyImdfvH\" frameborder=\"0\" marginwidth=\"0\" marginheight=\"0\" scrolling=\"no\" class=\"wp-embedded-content\"><\/iframe><script>\n\/*! This file is auto-generated *\/\n!function(d,l){\"use strict\";l.querySelector&&d.addEventListener&&\"undefined\"!=typeof URL&&(d.wp=d.wp||{},d.wp.receiveEmbedMessage||(d.wp.receiveEmbedMessage=function(e){var t=e.data;if((t||t.secret||t.message||t.value)&&!\/[^a-zA-Z0-9]\/.test(t.secret)){for(var s,r,n,a=l.querySelectorAll('iframe[data-secret=\"'+t.secret+'\"]'),o=l.querySelectorAll('blockquote[data-secret=\"'+t.secret+'\"]'),c=new RegExp(\"^https?:$\",\"i\"),i=0;i<o.length;i++)o[i].style.display=\"none\";for(i=0;i<a.length;i++)s=a[i],e.source===s.contentWindow&&(s.removeAttribute(\"style\"),\"height\"===t.message?(1e3<(r=parseInt(t.value,10))?r=1e3:~~r<200&&(r=200),s.height=r):\"link\"===t.message&&(r=new URL(s.getAttribute(\"src\")),n=new URL(t.value),c.test(n.protocol))&&n.host===r.host&&l.activeElement===s&&(d.top.location.href=t.value))}},d.addEventListener(\"message\",d.wp.receiveEmbedMessage,!1),l.addEventListener(\"DOMContentLoaded\",function(){for(var e,t,s=l.querySelectorAll(\"iframe.wp-embedded-content\"),r=0;r<s.length;r++)(t=(e=s[r]).getAttribute(\"data-secret\"))||(t=Math.random().toString(36).substring(2,12),e.src+=\"#?secret=\"+t,e.setAttribute(\"data-secret\",t)),e.contentWindow.postMessage({message:\"ready\",secret:t},\"*\")},!1)))}(window,document);\n<\/script>\n","thumbnail_url":"https:\/\/www.nasa.gov\/wp-content\/uploads\/2022\/03\/mark-vande-hei-record-break-nasa-astronaut-human-research.jpg?w=600","thumbnail_width":600,"thumbnail_height":400}
#### Moses McClure *v.*B. F. Hume.

Contracts — Minor—Constructive Fraud.

A purchaser of cattle from the son of plaintiff, who was under age, and known to the defendant, renders him liable for the highest market value thereof.

APPEAL FROM GRANT CIRCUIT COURT.

July 6, 1869.

Opinion of the Court by

Judge Robertson:

The appellee’s minor son had no. authority to sell, and this the appellant knew; and he was therefore liable to the appellee for *613the market value of the cattle thus converted by a constructive fraud to his own use, subject to a credit for the amount paid to the appellee. The appellee had a right to maintain his action, as brought, for that balance. And the verdict and judgment are for no more than the *maximum*amount authorized by the testimony. Nor do we perceive any error in instructing or refusing to instruct the jury.

Scott, *for appellant.*

McManama, *for appellee.*

Wherefore the judgment is *affirmed.*
<PAGE>

                                                                    EXHIBIT 32.1

           CERTIFICATION PURSUANT TO RULE 13a-14(b) OR RULE 15d-14(b)
       OF THE SECURITIES EXCHANGE ACT OF 1934 AND 18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

      In connection with the Quarterly Report on Form 10-Q of Penwest
Pharmaceuticals Co. (the "Company") for the period ended June 30, 2004 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
the undersigned, Tod R. Hamachek, Chief Executive Officer of the Company 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.

Dated: July 30, 2004           /s/ Tod R. Hamachek
                               ------------------------------------
                               Tod R. Hamachek
                               Chairman of the Board and Chief Executive Officer
I

105TH CONGRESS

2D SESSION H. R. 4772

To amend the Federal Election Campaign Act of 1971 to prohibit disbursements of non-Federal funds by foreign nationals in campaigns for election

for Federal office.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 9, 1998

Mr. HILL introduced the following bill; which was referred to the Committee

on House Oversight

A BILL

To amend the Federal Election Campaign Act of 1971 to

prohibit disbursements of non-Federal funds by foreign

nationals in campaigns for election for Federal office.

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

3 SECTION 1. BAN ON DISBURSEMENTS OF SOFT MONEY BY

4 FOREIGN NATIONALS.

5 (a) PROHIBITION ON DISBURSEMENTS BY FOREIGN

6 NATIONALS FOR POLITICAL PARTIES AND INDEPENDENT

7 EXPENDITURES.—Section 319 of the Federal Election

8 Campaign Act of 1971 (2 U.S.C. 441e) is amended—
2

•HR 4772 IH

1 (1) in the heading, by striking ‘‘contributions’’

2 and inserting ‘‘disbursements’’;

3 (2) in subsection (a), by striking ‘‘contribution’’

4 each place it appears and inserting ‘‘disbursement’’;

5 and

6 (3) in subsection (a), by striking the semicolon

7 and inserting the following: ‘‘, including any dis8 bursement to a political committee of a political

9 party and any disbursement for an independent ex10 penditure;’’.

11 (b) EFFECTIVE DATE.—The amendments made by

12 this section shall apply with respect to disbursements

13 made on or after the date of the enactment of this Act.

Æ
Case 2:15-mj-01753-JFM Document 4 Filed 10/15/15 Page 1 of 3
Case 2:15-mj-01753-JFM Document 4 Filed 10/15/15 Page 2 of 3
Case 2:15-mj-01753-JFM Document 4 Filed 10/15/15 Page 3 of 3
IN THE SUPREME COURT OF TEXAS

- - - - - - - -

NO. 14-0807

IN THE INTEREST OF T.L.D., A

CHILD §

§

§

§

§

§ Dallas County,

5th District.

February 13, 2015

Petitioner 's petition for review, filed herein in the above numbered and styled case,

having been duly considered, is ordered, and hereby is, denied.

         

I, BLAKE A. HAWTHORNE

, Clerk of the Supreme Court of Texas, do hereby certify

that the above and attached is a true and correct copy of the orders of the Supreme Court of

Texas in the case numbered and styled as above, as the same appear of record in the minutes of

said Court under the date shown.

It is further ordered that petitioner, IN THE INTEREST OF T.L.D., A CHILD, pay all

costs incurred on this petition.

WITNESS my hand and seal of the Supreme Court of Texas, at the City of Austin, this

the 31st day of March, 2015

.

Blake A. Hawthorne, Clerk

By Monica Zamarripa, Deputy Clerk
#### Ronald G. BAILEY-EL, Petitioner—Appellant, v. B.G. COMPTON; Federal Bureau of Prisons, Respondents—Appellees.

No. 04-7265.

United States Court of Appeals, Fourth Circuit.

Submitted Jan. 26, 2005.

Decided Feb. 24, 2005.

Ronald G. Bailey-El, Appellant pro se. Julie C. Dudley, Assistant United States Attorney, Roanoke, Virginia, for Appellees.

Before MICHAEL and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished PER CURIAM opinion.

*581Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM.

Ronald G. Bailey-El, a federal prisoner, appeals the district court’s order denying relief on his petition filed under 28 U.S.C. § 2241 (2000). We have reviewed the record and find no reversible error. Accordingly, we affirm on the reasoning of the district court. *See Bailey-El v. Compton,*No. CA-03-817-7-SGW (W.D.Va. filed June 8, 2004 & entered June 9, 2004). 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 10.17



                     Put /Call Option to Sell Itochu Shares

In  consideration  of the  respective put and call options  granted  below,  the
undersigned parties hereby agree as follows effective as of September 1, 1999:

1. The  undersigned,  Carl D. Perry  ("Perry"),  hereby grants U.S.  Electricar,
   Inc.,  a  California  corporation  doing  business as Enova  Systems  ("Enova
   Systems"),  the right to purchase  23,970,000  shares of Enova Systems common
   stock for $100,000  exercisable between March 25, 2000 through March 30, 2000
   (the "Call Option"). Enova Systems may exercise the Call Option by delivering
   written  notice  of its  exercise  of the Call  Option to Perry  during  such
   exercise period.  Payment of the Call Option price shall be made at such time
   that Perry delivers the Shares to Enova Systems duly endorsed for transfer.

2. Enova  Systems  hereby  grants to Perry the right to sell the Shares to Enova
   Systems for $50,000 exercisable between March 25, 2000 through March 30, 2000
   (the "Put Option").  Perry may exercise the Put Option by delivering  written
   notice of his exercise of the Put Option to Enova Systems during the exercise
   period. Payment of the Put Option price shall be made at such time that Perry
   delivers the Shares to Enova Systems duly endorsed for transfer.

                                               ---------------------------------
                                               Carl D. Perry




                                               U.S. Electricar, Inc.
                                               (doing business as Enova Systems)


                                               By:
                                                   -----------------------------
                                                    (Signature)


                                                   -----------------------------
                                                    (Print Name & Title)
**IMAGIN
MOLECULAR CORPORATION**
 **(Formerly
Known As)**
 **Cipher
Holding Corporation**
 
 EXHIBIT
32.2
 
 Certification
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
 
 In
connection with the quarterly report of Imagin Molecular Corporation (the
"Company") on Form 10-QSB for the quarter ended September 30, 2005 as filed with
the Securities and Exchange Commission on the date hereof, I, Corey Conn, Chief
Financial Officer, certify, pursuant to section 906 of the Sarbanes-Oxley Act of
2002, that to my knowledge: (1) the quarterly report fully complies with the
requirements of section 13(a) of the Securities Exchange Act of 1934; and (2)
the information contained in the quarterly report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.
 
 
 Date:
November 21, 2005
 
 /s/Neil
Sy
 Chief
Financial Officer, Chairman, President
 
 
 
 
 A signed
original of this written statement required by Section 906 of the Sarbanes-Oxley
Act 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.
#### Yolanda CID-GARCIA, Petitioner, v. Alberto GONZALES,* Attorney General, Respondent.

No. 03-74747.

United States Court of Appeals, Ninth Circuit.

Submitted Feb. 7, 2005.**

Decided Feb. 22, 2005.

Jesse G. Cantor, Esq., Rios Cantor, PS, Seattle, WA, for Petitioner.

Ronald E. LeFevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA; WWS-Distriet Counsel, Immigration and Naturalization Service, Seattle, WA; and John C. Cunningham, Esq., and Edward C. Durant, Esq., DOJ — U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

*308Before: FERNANDEZ, GRABER and GOULD, Circuit Judges.

*

 Alberto Gonzales is substituted for his predecessor, John Ashcroft, as Attorney General of the United States, pursuant to Fed. R.App. P. 43(c)(2).

**

The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM ***

Yolanda Cid-Garcia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of her application for cancellation of removal. We vacate and remand.

The IJ denied cancellation on the grounds that Cid-Garcia failed to establish continuous physical presence, good moral character, and the requisite hardship, and the BIA summarily affirmed.

We have jurisdiction to review whether an alien has met the continuous physical presence requirement, *Falcon Carriche v. Ashcroft,*350 F.3d 845, 853 (9th Cir.2003) and whether an alien is categorically ineligible for a finding of good moral character, *Romero-Torres v. Ashcroft,*327 F.3d 887, 890 (9th Cir.2003), but we do not have jurisdiction to review whether an alien has satisfied the hardship requirement, which rests in the discretion of the agency, 8 U.S.C. § 1252(a)(2)(B)(i); *Romero-Torres,*327 F.3d at 890-91.

Because the BIA affirmed without opinion, we have no way of knowing on which ground or grounds the BIA affirmed, and in turn whether we have jurisdiction to review the BIA’s decision. *See Lanza v. Ashcroft,*389 F.3d 917, 919 (9th Cir.2004). Accordingly, we vacate the BIA’s decision and remand with instructions to clarify the grounds for its affirmance of the IJ’s denial of the application for cancellation of removal. *See id.*at 932.

VACATED and REMANDED.

***

 This disposition is not appropriate for publication and may not be cited to or by the courts of *this circuit except*as provided by Ninth Circuit Rule 36-3.
FISHER & PHILLIPS LLP

3200 N. Central Avenue, Suite 805

Phoenix, Arizona 85012-2407

(602) 281-3400

FPDOCS 34190844.1

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

Cleopatria Martinez,

Plaintiff,

v.

Maricopa County Community College 

District; et al.,

Defendants.

No. CV 15-01759-PHX-NVW

NOTICE OF SATISFACTION OF 

TAXATION AND ATTORNEY FEES 

JUDGMENT

TO THE COURT, PLAINTIFF AND HER COUNSEL:

PLEASE TAKE NOTICE that the Taxation Judgment entered by this Court on 

December 4, 2017, at Doc. 106 in the amount of $4,279.43 and Attorney Fees Judgment 

entered by this Court on May 8, 2018, at Doc. 115 in the amount of $113,900.00, with 

interest at the federal rate of 2.24% per annum from the date of judgment until paid, 

against Plaintiff is hereby satisfied.

DATED this 28th day of August 2018.

FISHER & PHILLIPS LLP

By s/ Pavneet Singh Uppal

Pavneet Singh Uppal

Shayna H. Balch

3200 N. Central Avenue, Suite 805

Phoenix, Arizona 85012-2407

Attorneys for Defendants

Pavneet Singh Uppal, SBN 016805

Shayna H. Balch, SBN 024852

FISHER & PHILLIPS LLP

3200 N. Central Avenue, Suite 805

Phoenix, Arizona 85012-2407

Telephone: (602) 281-3400

Fax: (602) 281-3401

puppal@fisherphillips.com

sbalch@fisherphillips.com

Attorneys for Defendants

Case 2:15-cv-01759-NVW Document 117 Filed 08/28/18 Page 1 of 2
FISHER & PHILLIPS LLP

3200 N. Central Avenue, Suite 805

Phoenix, Arizona 85012-2407

(602) 281-3400

2

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

CERTIFICATE OF SERVICE

I hereby certify that on August 28, 2018, I electronically transmitted the attached 

document to the Clerk’s Office using the CM/ECF System for filing and transmittal of a 

Notice of Electronic Filing to the following CM/ECF registrant(s):

Edmundo P. Robaina

Thomas T. Griffin

ROBAINA & KRESIN PLLC

5343 North 16th Street, Suite 200

Phoenix, Arizona 85016

Attorneys for Plaintiff

 s/ Eileen Kane

Case 2:15-cv-01759-NVW Document 117 Filed 08/28/18 Page 2 of 2