alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
                       SECURITIES AND EXCHANGE COMMISSION

                             Washington, D.C. 20549


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

                                    FORM 8-K

                                 CURRENT REPORT


                     PURSUANT TO SECTION 13 OR 15(d) OF THE
                         SECURITIES EXCHANGE ACT OF 1934

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

       Date of Report (Date of earliest event reported): August 24, 1998


                          AMERICAN HEALTHCHOICE, INC.
               --------------------------------------------------
             (Exact name of registrant as specified in its charter)



       New York                       000-26740                  11-2931252   
-------------------------         ------------------         -------------------
(State of incorporation)         (Commission File No.           (IRS Employer
                                                             Identification No.)

            1300 W. WALNUT HILL LANE, SUITE 275, IRVING, TEXAS 75038
        ---------------------------------------------------------------
          (Address of principal executive offices, including zip code)


                                 (972) 751-1900
               --------------------------------------------------
              (Registrant's telephone number, including area code)




<PAGE>   2
ITEM 5. OTHER EVENTS.

     On August 24, 1998, Registrant completed a transaction to refinance a
portion of existing indebtedness and obtain additional working capital.
Registrant sold $3,385,000 of 8% convertible debentures due August 24, 2001.
The debentures are convertible to common stock at a conversion rate of 80% of
the average closing price of the common stock on NASDAQ on the five trading days
preceding notice of conversion. Registrant has agreed to have the conversion
shares registered for resale following conversion of the net proceeds of the
sale, $2,043,997 was used to retire the remaining principal amount of
convertible debentures issued in a Regulation S transaction in September 1997,
and $1,103,113 was added to Registrant's working capital to fund ongoing
operations and obligations.

     The Company has further determined to seek a buyer for its Georgia medical
clinics and use the funds to retire debt and seek new opportunities offering a
greater profit potential.

                                   SIGNATURES

     Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.


August 31, 1998

                                   AMERICAN HEALTHCHOICE, INC.



                                        /s/ Jay Stucki
                                   -------------------------------------
                                   Jay Stucki, Executive Vice President







                                       2
#### Don Ray PHINNEY, an individual, Plaintiff-Appellant, v. FIRST AMERICAN NATIONAL BANK; et. al., Defendants-Appellees.

No. 00-55661.

D.C. No. CV-99-06421-FMC.

United States Court of Appeals, Ninth Circuit.

Submitted May 14, 2001.*

Decided May 29, 2001.

Before PREGERSON, FERNANDEZ, and WARD LAW, Circuit Judges.

*

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

MEMORANDUM **

Don Ray Phinney appeals the district court’s dismissal with prejudice of his RICO claims. The district court properly dismissed Phinney’s claims against Judges Echols and Wiseman based on their absolute immunity for acts taken in a judicial capacity. *See Moore v. Brewster,*96 F.3d *1240,*1243-44 (9th Cir.1996); *Atkinson-Baker & Assoc., Inc. v. Kolts,*7 F.3d 1452, 1454-55 (9th Cir.1993) (per curiam). Phinney’s claims against the other defendants are barred by the doctrine of res judicata. Therefore, dismissal was warranted as to them as well. *See Nordhom v. Ladish Co., Inc.,*9 F.3d 1402, 1404 (9th Cir.1993).

Phinney also appeals the entry of a vexatious litigant order against him. The district court did not abuse its discretion in entering this order. *See DeLong v. Hennessey,*912 F.2d 1144, 1147-48 (9th Cir.1990).

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the *556courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
NICE Working Group

Meeting Agenda

Date: April 27, 2016 Time: 3:30 PM	EST

SharePoint: https://nistgov.sharepoint.com/sites/NICEProgram/NICEWG

I. Roll Call and Ground Rules

II. NICE Program Office Updates

III. Opening Remarks

a.	 Academic Co-Chair

b.	 Industry Co-Chair

IV. Standing Items

a.	 Fun Facts – creating	a culture	of	evidence

Topic: Minorities in Cybersecurity

b.	 Report Roundup – learning from good	ideas

Topic: Barriers and Opportunities for 2-Year and 4-Year STEM	Degrees: Systemic Change to

Support	Students' Diverse Pathways

URL: http://www.nap.edu/catalog/21739/barriers-and-opportunities-for-2-year-and-4-yearstem-degrees

c.	 Event	Engagement	– highlights	from recent	events	and upcoming events	

Topic: The Epic Challenge & other events

URL: https://youtu.be/29_DcoCWqZs; https://csaw.engineering.nyu.edu/

d.	 Strategy	Stories	– new developments	that align	to NICE	Strategy

Topic: Women in Cybersecurity (WiCyS) Conference

URL: https://www.csc.tntech.edu/wicys/

e.	 Metric Moment – what	gets measured gets done

Topic: Cybersecurity in the top U.S. undergraduate Computer Science programs

V. Subgroup Updates

a.	 K-12

b.	 Collegiate

c.	 Training and Certifications

d.	 Career Development	and Workforce Planning

VI. Project	Progress Reports

a.	 National K-12 Cybersecurity Education Conference (no update today, but	stay tuned)

b. NICE Annual Conference

URL: www.fbcinc.com/nice
VII. New Business

a.	 Topic: ACM-IEEE Joint	Task Force on Cybersecurity Education

URL: http://www.csec2017.org/

VIII. Summary of Action Items

IX. Next	Meeting Reminder - May 25, 2016 at 3:30PM	Eastern Time
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED June 5, 2006 Charles R. Fulbruge III Clerk UNITED STATES COURT OF APPEALS

FIFTH CIRCUIT

No. 05-40230 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus RODERICK ELLIOT, Defendant-Appellant. Appeal from the United States District Court for the Eastern District of Texas

(4:03-CR-105-ALL) Before BARKSDALE, STEWART, and CLEMENT, Circuit Judges. PER CURIAM: * Roderick El liot appeals his conviction and sentence for conspiracy to damage a protected computer. He claims: the Government breached the plea agreement by recommending a “particular” term of imprisonment; and he was sentenced in contravention of United States v. Booker, 543 U.S. 220 (2005). Whether the Government breached the plea agreement is reviewed only for plain error because Elliot did not object in district court. E.g., United States v. Munoz, 408 F.3d 222, 226 (5th Cir.2

2005). The Government reserved the right to oppose any sentence that, in its opinion, was outside the Sentencing Guidelines , and defense counsel’s request that Elliot receive only six months of shock incarceration was prohibited both by the Guidelines and the applicable s tatute. See U.S.S.G. § 5F1.7, cmt. a; 18 U.S.C. § 4046(a). Elliot has shown no error, plain or otherwise. Elliot’s plea agreement contained an appeal waiver; however, the Government’s failure to enforce that provision renders it nonbinding, permitting our reaching the Booker claim. See United States v. Story, 439 F.3d 226, 231 (5th Cir. 2006). That claim was preserved in district court. The district court imposed a discretionary, alternative sentence identical to the one it had imposed under the mandatory Guidelines, to become effective should the Supreme Court declare the Guidelines unconstitutional. The refore, the Government has carried its burden of proving the Booker error harmless. See United States v. Saldana , 427 F.3d 298, 314 (5th Cir.), cert. denied, 126 S. Ct. 810 (2005). CONVICTION AND SENTENCE AFFIRMED
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEETS AND STATEMENTS OF EARNINGS ON PAGES 17 AND 18 OF THE
MAY DEPARTMENT STORES COMPANY 1996 ANNUAL REPORT TO SHAREOWNERS AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          FEB-01-1997
<PERIOD-END>                               FEB-01-1997
<CASH>                                              12
<SECURITIES>                                        90
<RECEIVABLES>                                    2,529
<ALLOWANCES>                                       104
<INVENTORY>                                      2,380
<CURRENT-ASSETS>                                 5,035
<PP&E>                                           6,372
<DEPRECIATION>                                   2,213
<TOTAL-ASSETS>                                  10,059
<CURRENT-LIABILITIES>                            1,923
<BONDS>                                          4,105
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           118
<OTHER-SE>                                       3,532
<TOTAL-LIABILITY-AND-EQUITY>                    10,059
<SALES>                                         11,650
<TOTAL-REVENUES>                                12,000
<CGS>                                            8,226
<TOTAL-COSTS>                                    8,226
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 277
<INCOME-PRETAX>                                  1,232
<INCOME-TAX>                                       483
<INCOME-CONTINUING>                                749
<DISCONTINUED>                                      11
<EXTRAORDINARY>                                    (5)
<CHANGES>                                            0
<NET-INCOME>                                       755
<EPS-PRIMARY>                                     2.97
<EPS-DILUTED>                                     2.84
        

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

<ARTICLE> 5
<MULTIPLIER> 1
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                   43,796
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                60,354
<PP&E>                                          12,774
<DEPRECIATION>                                   5,571
<TOTAL-ASSETS>                             135,766,926
<CURRENT-LIABILITIES>                        2,012,488
<BONDS>                                              0
<COMMON>                                       152,149
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                  13,843,300
<TOTAL-LIABILITY-AND-EQUITY>               135,766,926
<SALES>                                        444,878
<TOTAL-REVENUES>                               679,413
<CGS>                                          229,807
<TOTAL-COSTS>                                  327,930
<OTHER-EXPENSES>                                   300
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              87,592 
<INCOME-PRETAX>                                351,483 
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            351,483 
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   351,483
<EPS-PRIMARY>                                      .02
<EPS-DILUTED>                                      .02
        

</TABLE>
<PAGE>   1
                                                                     EXHIBIT 3.5


                           CERTIFICATE OF AMENDMENT OF
                         CERTIFICATE OF INCORPORATION OF
                             SUIZA FOODS CORPORATION

         Suiza Foods Corporation, a corporation organized and existing under the
Delaware General Corporation Law (the "Corporation"),

         DOES HEREBY CERTIFY:

         FIRST: that the Board of Directors of the Corporation at a special
meeting of the Board of Directors called for such purpose, duly adopted
resolutions by unanimous vote setting forth a proposed amendment to the
Certificate of Incorporation of said corporation, declaring said amendment to be
advisable, and directing that said amendment be submitted to the stockholders of
said corporation for their consideration. The resolution setting forth the
proposed amendment is as follows:

                  RESOLVED, that the Board of Directors of the Corporation
         hereby adopts, approves, and declares advisable a proposal to amend the
         Certificate of Incorporation of the Corporation, which proposed
         amendment would strike in its entirety paragraph (A) of Article IV of
         the Certificate of Incorporation of the Corporation and insert in its
         place a new paragraph (A) of Article IV, as follows:

         "The total number of shares of capital stock that the Corporation shall
         have the authority to issue is 101,000,000, consisting of (a) 1,000,000
         shares of Preferred Stock, $.01 par value per share, and (b)
         100,000,000 shares of Common Stock, $.01 par value per share."

         SECOND: that thereafter, stockholders of said corporation, which hold
the necessary number of shares as required by statute, duly adopted and approved
said amendment at the annual meeting of the stockholders of the Company pursuant
to Section 222 of the Delaware General Corporation Law.

         THIRD: that said amendment was duly adopted in accordance with the
provisions of Section 242 of the Delaware General Corporation Law.

         IN WITNESS WHEREOF, the Board of Directors of the Company has caused
this Certificate of Amendment to be signed by Gregg L. Engles, its Chairman and
Chief Executive Officer, as of May 15, 1997.

                                         SUIZA FOODS CORPORATION


                                         By:     /s/ Gregg L. Engles
                                              ----------------------------------
                                                  Gregg L. Engles
                                                  Chairman of the Board and
                                                   Chief Executive Officer
exv4w1



 






EXHIBIT 4.1




CERTIFICATE OF MEMBERSHIP UNITS




	 	 	 	 	 
	 

	 	 	 	Membership
	Number

	 	 
	 	Units
	 


	 	 	 	 











Gold
Energy,
LLC

A Limited Liability Company Organized Under the Laws of the North Dakota







SPECIMEN




THIS
CERTIFIES THAT 
                                                                                                                        is/are the
owner(s) of                                                                                                    UNITS (                                                            ) of the
Membership Units of Gold Energy, LLC, a North Dakota limited liability company. Changes in the actual Membership
Units held by the Members are reflected in the Certificate of Registration of the Company.




The Membership Units represented by this Certificate may not be transferred or assigned except
in compliance with the Operating Agreement of the Company, a copy of which is available at the
principal office of the Company.



IN WITNESS WHEREOF, the Company has caused this Certificate to be signed by its duly
authorized Chairman and Secretary as of this ___ day of ___, 2005.



	 	 	 
	 
	 	 
	 
	 	 
	Les Nesvig, Chairman
	 	Lance Peterson, Secretary






 









 






THE TRANSFERABILTY OF THE UNITS REPRESENTED BY THIS CERTIFICATE IS RESTRICTED.
SUCH UNITS MAY NOT BE SOLD, ASSIGNED, OR TRANSFERRED, NOR WILL ANY ASSIGNEE,
VENDEE, TRANSFEREE, OR ENDORSEE THEREOF BE RECOGNIZED AS HAVING ACQUIRED ANY SUCH
UNITS FOR ANY PURPOSE, UNLESS AND TO THE EXTENT SUCH SALE, TRANSFER,
HYPOTHETICATION OR ASSIGNMENT IS PREMITTED BY, AND IS COMPLETED IN STRICT
ACCORDANCE WITH, APPLICABLE STATE AND FEDERAL LAW AND THE TERMS AND CONDITIONS SET
FORTH IN THE AMENDED AND RESTATED OPERATING AGREEMENT AND AGREED TO BY EACH MEMBER.



THE SECURITIES REPRESENTED BY THIS CERTIFICATE MAY NOT BE SOLD, OFFEREND FOR SALE,
OR TRANSFERRED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION UNDER THE SECURITIES ACT
OF 1933, AS AMENDED, AND UNDER APPLICABLE STATE SECURITIES LAWS, OR AN OPINION OF
COUNSEL SATISFACTORY TO THE COMPLAINT THAT SUCH TRANSACTION IS EXEMPT FROM
REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND UNDER APPLICABLE
STATE SECURITIES LAWS.
10668.

#### KEITH *v.*SIMPSON *et al.*

Under the evidence, the transfer which the trustee in bankruptcy sought to set aside, by which, within four months prior to the filing of the petition in bankruptcy, the bankrupt’s brother was substituted in his place as purchaser of land under a bond for title from another, was a bona fide sale, in which there was no purpose to defraud creditors; and, this being the only conclusion that could be reached from the evidence, the court did not err in directing a verdict for the defendants.

Decided October 10, 1919.

Petition to set aside sale; from Cobb superior court—Judge Morris. May 10, 1919.

*George F. Gober, Rowell Broolce,*for plaintiff,

cited: Rem. Bkr. §§ 1493-4; Moore, Fraudulent Conveyances, 1182, sec. 5; Id. 718, sec. 56; Collier, Bkr. 956; 1 Loveland, Bkr., § 67 (c); 130 Fed. 1012; 133 Fed. 878; 134 Fed. 628; 145 Fed. 466; 146 Fed. 109; 147 Fed. 438; 174 Fed. 891; 202 Fed. 250-1; 83 U. S. 489.

*E. W.*Coleman> for defendants,

cited: Bkr. Act of 1898, §§ 70, 67.

Luke, J.

Keith, as trustee in bankruptcy of J. W. Lindsey, sued him and T. N. Lindsey and Simpson, seeking to set aside an alleged preference. The evidence showed that J. W. Lindsey bargained for the purchase of a tract of land for $700, giving therefor one note for $100 and one for $600. When the $100 note matured he was unable to pay it, and borrowed the money from T. N. Lindsey, his brother, and paid the note. Being unable to pay the $600 note, he negotiated a trade with T. N. Lindsey whereby his bond for title was surrendered to Simpson, the vendor, who returned his notes and executed a new bond for title to T. N. Lindsey, and accepted T. N. Lindsey’s note for the $600; and T. N. Lindsey paid for J. W. Lindsey an additional sum of $335. The value of the land was $1,000. Within four months of this transaction J. W. Lindsey was adjudged a bankrupt. The evidence failed to show that T. N. Lindsey knew that J. W. Lindsey was insolvent or otherwise involved than hereinbefore pointed out. At the conclusion of the evidence the court directed a verdict for the defendant.

There was no fraud shown, and inasmuch as the only conclusion that could be reached from the evidence was that the sale was bona fide and not for the purpose of defrauding creditors, it was not error to direct a verdict for defendant.

*Judgment affirmed.*

*Broyles, C. J., and Bloodworth, J., concur.*
<Page>

                                                                  EXHIBIT 23.1



                         INDEPENDENT AUDITORS' CONSENT

The Board of Directors and Shareholders of Aquila, Inc.:

We consent to the incorporation by reference of our reports dated April 11,
2003, included in this Form 10-K, into the Company's previously filed
Registration Statements on Form S-3 (Nos. 333-88280, 333-67822, 333-68400, and
333-29657) and on Form S-8 (Nos. 333-92294, 333-68042, 333-68040, 333-68044,
333-67820, 333-66233, 033-45525, 033-50260, 033-52094, 333-19671, 333-91305,
333-94955, 333-30742, 333-29819 and 333-77703).

Our report dated April 11, 2003 also refers to the restatement of the
Company's statement of cash flows for the years ended 2001 and 2000 and to a
change in the method of accounting for goodwill and for reporting certain
energy trading activities.

/s/ KPMG, LLP

Kansas City, Missouri
April 11, 2003
<PAGE>   1
MICRODYNE CORPORATION                           1998 ANNUAL REPORT ON FORM 10-K
--------------------------------------------------------------------------------


EXHIBIT 23.1

Board of Directors
Microdyne Corporation

We have issued our reports dated November 3, 1998, accompanying the financial
statements of Microdyne Corporation appearing in the Annual Report of the
Company to its shareholders and accompanying schedules included in the Annual
Report on Form 10-K for the year ended September 30, 1998, which we are
incorporating by reference of said reports in the Registration Statements of the
Company on Forms S-8 (File No 333-44820 effective December 27, 1991; File No.
333-47709, effective May 6, 1992; File No 333-89982 effective March 3, 1995;
File No 333-89980, effective April 26, 1995; and File No 333-14121, effective
October 15, 1996.) We consent to the incorporation by reference in the
Registration Statement of the aforementioned reports and to the use of our name
as it appears under the caption "Experts."

/s/ Grant Thornton
Vienna, Virginia
December 16, 1998

--------------------------------------------------------------------------------
                                    PAGE 73
Exhibit 32.2

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

In connection with the Annual Report of Mexco Energy Corporation (the "Company")
on Form 10-K for the year ending March 31, 2005, as filed with the SEC on the
date hereof (the "Report"), I, Tamala L. McComic, Vice President, Treasurer and
Chief Financial Officer of the Company, 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 the
      Company.


Dated: June 29, 2005                    /s/ Tamala L. McComic
                                        ----------------------------------------
                                        Vice President, Treasurer and Chief
                                        Financial Officer


                                       49