alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-60723 

Conference Calendar

 

DOUGLAS TAYLOR,

Plaintiff-Appellant,

versus

THE POLICE DEPARTMENT OF THE CITY

OF MERIDIAN, MISSISSIPPI, ET AL.,

 Defendants,

RICKY ROBERTS, K-9 Officer;

BETTY EVANS; M.J. HOADLEY;

RICKY NICHOLSON,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Mississippi

USDC No. 4:97-CV-12-LN

- - - - - - - - - -

April 15, 1999

Before JONES, SMITH, and DUHÉ, Circuit Judges. 

PER CURIAM:*

Douglas Taylor appeals the denial of a complaint filed

pursuant to 42 U.S.C. § 1983. Taylor alleged that police

officers employed by the City of Meridian, Mississippi, used

excessive force when arresting him, that serious injuries

resulted requiring immediate medical attention, but that the 
No. 97-60723 

-2-

detaining officials displayed deliberate indifference to his

serious medical needs.

On appeal Taylor argues that the district court erred when

it determined that Taylor did not sustain a serious injury. He

also argues that the court erred when it determined that the

defendants did not treat Taylor with deliberate indifference. 

Essentially Taylor is challenging the district court’s weighing

of evidence and its factual findings.

Taylor fails to identify any factual findings that are

clearly erroneous. See Fed. R. Civ. P. 52(a); Anderson v. City

of Bessemer City, 470 U.S. 564, 573-74 (1985)(explaining that if

the factfinder’s account of the evidence is plausible, an

appellate court may not reverse it); Dardar v. La Fourche Realty

Co., Inc., 985 F.2d 824, 827 (5th Cir. 1993)(holding that an

appellate court is no position to weigh conflicting evidence).

Consequently, the district court’s denial of Taylor’s complaint

is AFFIRMED.

AFFIRMED.
```

                                                                    EXHIBIT 12.2

  CERTIFICATION OF CHIEF FINANCIAL OFFICER

I, Errol Farr, certify that:

1. I have reviewed this annual report on Form 20-F of Northwestern Mineral
Ventures 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 statements made, in light of the circumstances under which such 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-15(e) and 15d-15(e)) for the registrant and have:

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

b. Disclosed in this report any change in the registrant's internal control over
financial reporting that occurred during the period covered by the annual report
that has materially affected, or is reasonably likely to

materially affect the registrant's internal control over financial reporting;

Date: June 23, 2006
          ---
                                                    /s/ Errol Farr
                                                    ----------------------------
                                                    ERROL FARR
                                                    Chief Financial Officer
```
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

In connection with this annual report on Form 10-K of Atlantic Broadband Finance, LLC (the Company) for the
year ended December 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, David J. Keefe, Chief Executive Officer of the Company, hereby certify pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



|(i) | The Report fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934, as amended; and
|--- | -----------------------------------------------------------------------------------------------------------------------------------------



|(ii) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|---- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: April 2, 2007



/s/ David J. KeefeDavid J. Keefe Chief Executive Officer and Director (Principal Executive Officer)


The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is not
being filed as part of this Report.
#### H. H. Hand *v.*John Eibeck.

Vendor and Purchaser — Deficit—Mutual—Mistake—Sale in Gross.

As the land sold, in gross, for 25 acres only contains fourteen acres by actual survey, the deficit is so great as to strike the mind of the chancellor, at once, that both parties were laboring under a mistake as to the number of acres contained in the tract.

APPEAL PROM PENDLETON CIRCUIT COURT.

September 20, 1871.

Opinion by

Judge Pryor:

The appellant on the 13th day of February, 1869, sold to the appellee a tract of land in Pendleton county for the sum of five hundred dollars, two hundred of which sum he paid in hand, and executed his two promisory notes' for the balance, payable in the /ears 1869 and 1870. A bond for title was executed to apperlee expressing the consideration already made, giving the boundaries of the land and including this clause: “said tract containing twenty-five acres, more or less.” The appellant instituted his suit in equity to enforce the contract and subject the land to the payment of the purchase money. The appellee answered and resisted any judgment against him except for a small sum for the reason as he alleges that he bought the land by the acre, and that the appellant fraudulently represented the tract as containing twenty-five acres, when it only contained fourteen acres. Much testimony has been taken on both sides in- regard to the contract, but the writing itself must be regarded as the best evi*489dence of the agreement of the parties The writing shows that it was a sale in gross, still the appellee was entitled to relief if the deficit was so great as to authorize the court to say that it was the result of either fraud or mistake. The land sold by actual survey made, contains about fourteen acres, a deficit of nearly one-half of the quantity supposed to be in the tract. The land was worth at the time fifteen or twenty dollars per acre and the appellee semes to have agreed to pay every dollar it was worth. The deficit is so great as to strike the mind of the chancellor at once that both parties were laboring under amistake as to the number of acres in the tract when the same was executed. The case in 2 Bibb of *Young vs.*Craig, 270, is in aid of the judgment rendered here. Therein a sale of land estimated at 425 acres, this court refused to grant relief when it held out 481 acres, but if the surplus had been as great as one-third or one-fourth the judgment would have been different. We are not disposed to disturb the judgment of the court below. That judgment is affirmed.

*Lee, for appellant.*

*Ireland, for appellee.*
exv10w2



 





Exhibit 10.2




THIRD AMENDMENT TO CREDIT AGREEMENT




     THIS AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is entered into as of October 1, 2005,
by and between RENAISSANCE LEARNING, INC., a Wisconsin corporation (“Borrower”), and WELLS FARGO
BANK, NATIONAL ASSOCIATION (“Bank”).



RECITALS




     WHEREAS, Borrower is currently indebted to Bank pursuant to the terms and conditions of that
certain Credit Agreement between Borrower and Bank dated as of December 1, 2003, as amended from
time to time (“Credit Agreement”).



     WHEREAS, Bank and Borrower have agreed to certain changes in the terms and conditions set
forth in the Credit Agreement and have agreed to amend the Credit Agreement to reflect said
changes.



     NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree that the Credit Agreement shall be amended as follows:



     1. Section 4.9 (a) is hereby deleted in its entirety, and the following substituted therefor:



     “(a) Total Liabilities divided by Tangible Net Worth not greater than 0.85 to 1.0, measured as
of the end of each fiscal quarter, with “Total Liabilities” defined as the aggregate of current
liabilities and non-current liabilities less subordinated debt, and with “Tangible Net Worth”
defined as the aggregate of total stockholders’ equity plus subordinated debt less any intangible
assets.”



     2. Except as specifically provided herein, all terms and conditions of the Credit Agreement
remain in full force and effect, without waiver or modification. All terms defined in the Credit
Agreement shall have the same meaning when used in this Amendment. This Amendment and the Credit
Agreement shall be read together, as one document.



     3. Borrower hereby remakes all representations and warranties contained in the Credit
Agreement and reaffirms all covenants set forth therein. Borrower further certifies that as of the
date of this Amendment there exists no Event of Default as defined in the Credit Agreement, nor any
condition, act or event which with the giving of notice or the passage of time or both would
constitute any such Event of Default.



     IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the day
and year first written above.



	 	 	 	 	 	 
	RENAISSANCE LEARNING, INC.	 	WELLS FARGO BANK,

   NATIONAL ASSOCIATION
	 
	 	 	 	 	 
	By:

	 	/s/ Mary T. Minch
	 	By:	/s/ Daniel Frazier
	 

	 	 

Mary Minch, Vice President of Finance/
	 	 	 

Daniel Frazier, Vice President

	 

	 	Chief Financial Officer/ Secretary
IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

DEBORAH LAUFER, Individually, Case No.: 1:20-cv-04259

Plaintiff,

v.

OM SHIVAYA LLC, a Domestic Limited Liability Corporation,

Defendant.

___________________________ 

NOTICE OF SETTLEMENT OF CLAIM

Plaintiff, Patricia Kennedy, by and through undersigned counsel, respectfully submits this

Notice of Settlement, and informs the Court as follows:

1. Plaintiff has reached an agreement with Defendant to resolve the claims against

Defendant.

2. The parties are have finalized a confidential settlement agreement and

a Notice of Dismissal was filed.

FOR THE PLAINTIFF:

/s/ Amale Knox

Amale Knox, Of Counsel

Thomas B. Bacon, P.A.

330 Harrison St.

Pontiac, MI 48341

amale.knox.esq@gmail.com

Illinois Bar. Id. No. 6308622

Attorneys for Plaintiff

CERTIFICATE OF SERVICE

I hereby certify that October 5, 2020, I filed the foregoing using the Clerk of Court’s CM/ECF

efiling system, which will serve all counsel of record electronically.

Case: 1:20-cv-04259 Document #: 10 Filed: 10/05/20 Page 1 of 2 PageID #:30
/s/ Amale Knox

Attorney

Case: 1:20-cv-04259 Document #: 10 Filed: 10/05/20 Page 2 of 2 PageID #:31
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**








In
      connection with the Quarterly Report of CompX International Inc. (the Company)
      on Form 10-Q for the period ending September 30, 2007 as filed with the
      Securities and Exchange Commission on the date hereof (the Report) I, David
      A.
      Bowers, Vice Chairman of the Board, President and Chief Executive Officer and
      I,
      Darryl R. Halbert, Vice President, Chief Financial Officer and Controller of
      the
      Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of
      the Sarbanes-Oxley Act of 2002, that:





(1)           The
      Report fully complies with the requirements of Section 13(a) or 15(d) of the
      Securities Exchange Act of 1934; and





(2)           The
      information contained in the Report fairly presents, in all material respects,
      the financial condition and result of operations of the Company.











/s/
      David A.
      Bowers





David
      A.
      Bowers


Vice
      Chairman of the Board, President


and
      Chief Executive Officer

















/s/
      Darryl R.
      Halbert


Darryl
      R.
      Halbert


Vice
      President, Chief Financial Officer


and
      Controller











November
      1, 2007











Note:  The
      certification the registrant furnishes in this exhibit is not deemed “filed” for
      purposes of Section 18 of the Securities Exchange Act of 1934, as amended,
      or
      otherwise subject to the liabilities of that Section.  Registration
      Statements or other documents filed with the Securities and Exchange Commission
      shall not incorporate this exhibit by reference, except as otherwise expressly
      stated in such filing.
U.S. District Court for the Northern District Of Illinois

Attorney Appearance Form

Case Title: Case Number: 

An appearance is hereby filed by the undersigned as attorney for:

Attorney name (type or print): 

Firm: 

Street address: 

City/State/Zip: 

Bar ID Number: Telephone Number: 

 Yes No

 Yes No

 Yes No

 Yes No

(See item 3 in instructions)

Email Address:

Are you acting as lead counsel in this case?

Are you acting as local counsel in this case?

Are you a member of the court’s trial bar?

If this case reaches trial, will you act as the trial attorney? 

If this is a criminal case, check your status. Retained Counsel

Appointed Counsel 

If appointed counsel, are you 

a 

 Federal Defender

 CJA Panel Attorney

______________________________________________________________________

In order to appear before this Court an attorney must either be a member in good standing of this Court’s 

general bar or be granted leave to appear pro hac vice as provided for by local rules 83.12 through 83.14. 

I declare under penalty of perjury that the foregoing is true and correct. Under 28 U.S.C.§1746, this 

statement under perjury has the same force and effect as a sworn statement made under oath.

Executed on 

Attorney signature: S/

(Use electronic signature if the appearance form is filed electronically.)

Revised 8/1/2015

Case: 1:20-cv-04699 Document #: 19-1 Filed: 08/31/20 Page 1 of 1 PageID #:247
<PAGE>

                                                                    EXHIBIT 99.1

        STATEMENT OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
                            UNDER 18 U.S.C. ss. 1350

     We, Charles E. Ramey, the chief executive officer US Dataworks, Inc. (the
"Company"), and John S. Reiland, the chief financial officer of the Company,
certify for the purposes of section 1350 of chapter 63 of title 18 of the United
States Code that, to the best of our knowledge,

     (i) the Quarterly Report of the Company on Form 10-QSB/A, Amendment No. 2
to Form 10-QSB, for the period ended December 31, 2001 (the "Report"), fully
complies with the requirements of section 13(a) of the Securities Exchange Act
of 1934, and

     (ii) the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

Dated: June 10, 2003

                                             /s/ Charles E. Ramey
                                             -----------------------------------
                                             Charles E. Ramey
                                             Chief Executive Officer

                                             /s/ John S. Reiland
                                             -----------------------------------
                                             John S. Reiland
                                             Chief Financial Officer

A SIGNED ORIGINAL OF THIS WRITTEN STATEMENT REQUIRED BY SECTION 906 HAS BEEN
PROVIDED TO US DATAWORKS, INC. AND WILL BE RETAINED BY US DATAWORKS, INC. AND
FURNISHED TO THE SECURITIES AND EXCHANGE COMMISSION OR ITS STAFF UPON REQUEST.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BOOKS
AND RECORDS OF ALLERGAN SPECIALTY THERAPEUTICS, INC.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                             415
<SECURITIES>                                   146,850
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               153,869
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 153,869
<CURRENT-LIABILITIES>                            4,877
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            34
<OTHER-SE>                                     148,958
<TOTAL-LIABILITY-AND-EQUITY>                   153,869
<SALES>                                              0
<TOTAL-REVENUES>                                 2,150
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                12,348
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (10,198)
<INCOME-TAX>                                       601
<INCOME-CONTINUING>                           (10,799)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (10,799)
<EPS-PRIMARY>                                   (3.30)
<EPS-DILUTED>                                   (3.30)
        

</TABLE>
Continuing Education Units

VERIFICATION OF ATTENDANCE FORM

Certification Number: ________________

 attended the following professional educational activity. 

(NAME)

Title: 2022 Federal Cybersecurity Workforce Summit (Virtual)

Date(s): April 26, 2022 CEU Hours Earned: 3 hrs 

Sponsor(s): National Institute of Standards and Technology (NIST) 

Explanation of Event: This summit provided strategic and program updates from key departments and agencies that 

influence cybersecurity workforce legislation, policy, guidance, and standards, highlighted key projects and initiatives that 

support the growth and sustainment of the Federal cybersecurity workforce, and created a sense of community among 

individuals in Federal departments and agencies with similar responsibilities for building a superior cybersecurity workforce.

Summit attendees heard presentations from:

• Chris Inglis, National Cyber Director, Executive Office of the President

• Clifford Malachi D Scott, Cybersecurity Analyst, Cybersecurity and Infrastructure Security Agency

• Bobbie Sanders, Director, Cyberspace Workforce Management Directorate, DoD CIO Resources and Analysis, 

U.S. Department of Defense

• April Davis, Director, Classification & Assessment Policy, Talent Acquisition & Workforce Shaping, Employee 

Services, U.S. Office Of Personnel Management

• Caitlin Gandhi, Program Lead, U.S. Digital Corps, U.S. General Services Administration

• Kathy Roberson, SFS Program Manager, Strategic Staffing Solutions Manager, OPM HR Solutions, Staff 

Acquisition, U.S. Office of Personnel Management

• Dr. Nigamanth Sridhar, Program Officer, Division of Graduate Education, National Science Foundation

Location: Virtual Event; https://www.nist.gov/itl/applied-cybersecurity/nice/events/federal-cybersecurity-

 workforce-summit

Name of Meeting Host: Marian Merritt, Deputy Director, National Initiative for Cybersecurity Education (NICE)

 

Contact Information:

nist.gov/nice

nice@nist.gov

The Continuing Education Units form is provided as a courtesy. It is the responsibility of the 

attendee to complete and submit with their certifying authority.
Memorandum Relating to Bonus Structure for Thomas O. Usilton



 EXHIBIT 10.3 
  
 MEMORANDUM RELATING TO BONUS STRUCTURE 
 FOR 
 THOMAS O. USILTON 
  
 On October 5, 2005, the Company agreed to pay Mr. Usilton, Group Vice President, an additional $125,000 in cash
compensation on the anniversary of the date of the closing of the acquisition of Gambro Healthcare for each of the following four years beginning on October 5, 2006; provided that Mr. Usilton continues to be an employee of the Company on
such anniversary date. Such amount is in addition to amounts which Mr. Usilton is otherwise eligible to receive under his employment agreement with the Company.
1

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

TREX PROPERTIES LLC, )

)

Plaintiff, )

)

v. ) No. 1:20-cv-4159

)

ABLE ELECTROPOLISHING CO., )

INC., et al., )

)

Defendants. )

NOTICE OF MOTION

To: All Counsel of Record

PLEASE TAKE NOTICE that on December 9, 2020 at 9:30am, I shall appear 

before the Honorable Judge Jorge L. Alonso, 219 S. Dearborn Street, Room 1903, 

Chicago, Illinois, and then and there present Defendant Enviro Tech International, 

Inc.’s Motion to Dismiss Count I of Plaintiff’s Complaint, a copy of which is attached 

and hereby served on you. 

Respectfully Submitted, 

/s/ Claire Whitehead 

One of the attorneys for Defendant

Enviro Tech International, Inc. 

Michael J. Maher (#6191018)

Claire M. Whitehead (#6322880)

Swanson, Martin & Bell, LLP

330 North Wabash

Suite 3300

Chicago, IL 60611

(312) 321-9100

mmaher@smbtrials.com

cwhitehead@smbtrials.com

Case: 1:20-cv-04159 Document #: 161-2 Filed: 12/01/20 Page 1 of 2 PageID #:554
2

CERTIFICATE OF SERVICE

I hereby certify that on December 1, 2020, I electronically filed Defendant Enviro 

Tech International, Inc.’s Motion to Dismiss Count I of Plaintiff’s Complaint and 

Memorandum in Support with the Clerk of Court using the CM/ECF system which will 

send notification to all counsel of record. 

___ /s/ Claire Whitehead_ ___

Case: 1:20-cv-04159 Document #: 161-2 Filed: 12/01/20 Page 2 of 2 PageID #:555