alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### CRAWFORD et al. v. TEXAS CO.

Civ. A. No. 3321.

United States District Court W. D. Louisiana, Shreveport Division.

Sept. 17, 1951.

Lunn & Trichel, Shreveport, La., for plaintiffs.

D. Douglas Howard, New Orleans, La., for defendant.

DAWKINS, Chief Judge.

This is an action to cancel whatever rights the defendant company may have in the minerals of a certain tract of land which it conveyed to the ancestor in title of the plaintiffs more than twenty-five years ago. The conveyance reserved the minerals for a period of twenty-five years and as long thereafter as they were produced. Defendant moved to dismiss the complaint for failure to state a claim entitling petitioner to the relief sought'.

By whatever name or form one conveys or reserves the rights to minerals in land, a servitude alone is acquired or retained, entitling him to go upon the land and explore therefor and, if found, to produce them on the terms and conditions stipulated. It is impossible to thus acquire the minerals separate and apart from the soil. Frost-Johnson Lumber Co. v. Salling’s Heirs, 150 La. 756, 91 So. 207. By *767the failure to exercise the servitude in a bona fide undertaking to find and develop those minerals, under Article 789 of the Revised Civil Code of Louisiana, for a period of ten years, the right prescribes, but like all other prescriptions, must be pleaded and proved by the one owning the land, for the simple reason that it may be waived by knowingly permitting its exercise in a manner to warrant the conclusion that it will not be claimed.

In this case, the period stipulated was, as stated, twenty-five years, but the plaintiff makes no mention of this excess of some fifteen years over the permissible time provided by the Civil Code. The complaint does allege that the twenty-five years had expired, when this suit was filed, without any bona fide effort to exercise the servitude. The delay could be prolonged or extended only by good faith efforts at development within the primary period, and in view of the charges contained in the complaint,, the motion to dismiss will be referred to the merits, leaving the issues to be decided upon the evidence which is submitted at the trial.
<PAGE>
                                                                  EXHIBIT 10(h)4
                                                           ALLETE 2006 Form 10-K

                      AMENDMENT TO THE AMENDED AND RESTATED
                     ALLETE EXECUTIVE ANNUAL INCENTIVE PLAN

         The ALLETE  Executive Annual Incentive Plan, dated effective January 1,
1999, as amended, is amended as follows:


         1.  Effective January 1, 2007, the following sentence  will be added at
         the end of Section 7.1 in Article 7:

             "A Participant's Award will be reduced by, and the Participant will
             not receive, any amount that otherwise would be disallowed as a
             deduction by the Company due to the limitations under Code Section
             162(m), or any subsequent or similar Code provision that limits the
             amount of compensation expense the Company may deduct."


                               ALLETE, INC.


                               By: /s/ Donald J. Shippar
                                   ---------------------------------------------
                                   Donald J. Shippar
                                   Chairman, President & Chief Executive Officer

ATTEST:


By: /s/ Deborah A. Amberg
    --------------------------------------------------
    Deborah A. Amberg
    Senior Vice President, General Counsel & Secretary
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
CONDENSED CONSOLIDATED BALANCE SHEETS AND STATEMENTS OF OPERATIONS AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH 10-K.
</LEGEND>
<CIK> 0000065666
<NAME> MICHIGAN RIVET CORP.

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          OCT-31-1999
<PERIOD-START>                             NOV-01-1998
<PERIOD-END>                               OCT-31-1999
<CASH>                                          99,220
<SECURITIES>                                         0
<RECEIVABLES>                                6,054,635
<ALLOWANCES>                                    50,000
<INVENTORY>                                  6,841,484
<CURRENT-ASSETS>                            13,982,840
<PP&E>                                      27,839,913
<DEPRECIATION>                              16,160,459
<TOTAL-ASSETS>                              26,674,504
<CURRENT-LIABILITIES>                        7,459,732
<BONDS>                                      1,720,167
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       638,525
<OTHER-SE>                                  13,451,367
<TOTAL-LIABILITY-AND-EQUITY>                27,338,571
<SALES>                                     46,268,939
<TOTAL-REVENUES>                            46,268,939
<CGS>                                       38,624,525
<TOTAL-COSTS>                               38,624,525
<OTHER-EXPENSES>                             3,782,349
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             224,588
<INCOME-PRETAX>                              3,637,477
<INCOME-TAX>                                 1,245,000
<INCOME-CONTINUING>                          2,392,477
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,392,477
<EPS-BASIC>                                       3.75
<EPS-DILUTED>                                     3.75


</TABLE>
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 Annual Report of Mines Management, Inc. (the "Company") on Form 10-K for the period ended December 31,
2006, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), each of the undersigned hereby certifies, pursuant to 18 U.S.C. §1350, as adopted pursuant to
§906 of the Sarbanes-Oxley Act of 2002, that:



Date:
March 27, 2007

| | /s/GLENN M. DOBBSGlenn M. Dobbs
Chief Executive Officer
| | -------------------------------------------------------

A
signed original of this written statement required by Section 906 has been provided to Mines Management, Inc. and will be retained by Mines Management, Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.

---



QuickLinks
<TABLE> <S> <C>


<ARTICLE>                                           BD

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                                DEC-31-1999
<PERIOD-START>                                   JAN-01-1999
<PERIOD-END>                                     DEC-31-1999
<CASH>                                            24,182,000
<RECEIVABLES>                                      2,358,000
<SECURITIES-RESALE>                                1,286,000
<SECURITIES-BORROWED>                              1,097,000
<INSTRUMENTS-OWNED>                                2,653,000
<PP&E>                                               729,000
<TOTAL-ASSETS>                                    32,305,000
<SHORT-TERM>                                               0
<PAYABLES>                                         2,801,000
<REPOS-SOLD>                                               0
<SECURITIES-LOANED>                                        0
<INSTRUMENTS-SOLD>                                    50,000
<LONG-TERM>                                                0
<PREFERRED-MANDATORY>                                      0
<PREFERRED>                                                0
<COMMON>                                             228,000
<OTHER-SE>                                        17,582,000
<TOTAL-LIABILITY-AND-EQUITY>                      29,454,000
<TRADING-REVENUE>                                  1,037,000
<INTEREST-DIVIDENDS>                               1,197,000
<COMMISSIONS>                                     32,452,000
<INVESTMENT-BANKING-REVENUES>                      1,332,000
<FEE-REVENUE>                                        100,000
<INTEREST-EXPENSE>                                   155,000
<COMPENSATION>                                    11,183,000
<INCOME-PRETAX>                                    7,937,000
<INCOME-PRE-EXTRAORDINARY>                         7,937,000
<EXTRAORDINARY>                                            0
<CHANGES>                                                  0
<NET-INCOME>                                       4,603,000
<EPS-BASIC>                                              .20
<EPS-DILUTED>                                            .20



</TABLE>
Exhibit 32.2

                            CERTIFICATION PURSUANT TO
                       18 UNITED STATES CODE SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Anthony E. Applebaum, Chief Executive Officer of Mera Pharmaceuticals,
certify that (1) Mera Pharmaceuticals, Inc.'s Form 10-KSB for the fiscal year
ended October 31, 2003 fully complies with the requirements of Section 3 (a) or
15 (d) of the Securities Exchange Act of 1934 and (ii) the information contained
in the Form 10-KSB for the fiscal year ended October 31, 2003 fairly presents,
in all material respects, the financial condition and the results of operations
of Mera Pharmaceuticals, Inc.


                                              /S/ANTHONY E. APPLEBAUM
                                              -----------------------
                                              Anthony E. Applebaum
                                              Principal Financial and
                                              Accounting Officer

                                              June 14, 2004


A signed original of this written statement required by Section 906 has been
provided to Mera Pharmaceuticals, Inc. and will be retained by Mera
Pharmaceuticals, Inc. and furnished to the Securities and Exchange Commission or
its staff upon request.






                                      -15-
<PAGE>
<TABLE> <S> <C>


<ARTICLE>                     5

<S>                           <C>                   <C>
<PERIOD-TYPE>                 12-MOS                12-MOS
<FISCAL-YEAR-END>             MAR-31-2000           MAR-31-1999
<PERIOD-END>                  MAR-31-2000           MAR-31-1999
<CASH>                             97,712                96,198
<SECURITIES>                            0                     0
<RECEIVABLES>                     280,296               183,049
<ALLOWANCES>                            0                     0
<INVENTORY>                             0                     0
<CURRENT-ASSETS>                  393,797               293,615
<PP&E>                         10,653,489            10,517,265
<DEPRECIATION>                  7,193,967             6,767,865
<TOTAL-ASSETS>                  3,853,319             4,043,015
<CURRENT-LIABILITIES>              86,091               601,434
<BONDS>                                 0                     0
<PREFERRED-MANDATORY>                   0                     0
<PREFERRED>                             0                     0
<COMMON>                          811,644               811,644
<OTHER-SE>                      1,755,584             1,361,937
<TOTAL-LIABILITY-AND-EQUITY>    3,853,319             4,043,015
<SALES>                         1,678,961             1,503,623
<TOTAL-REVENUES>                1,689,106             1,516,399
<CGS>                             542,789               644,563
<TOTAL-COSTS>                     542,789               644,563
<OTHER-EXPENSES>                  752,670             1,297,610
<LOSS-PROVISION>                        0                     0
<INTEREST-EXPENSE>                107,577               151,069
<INCOME-PRETAX>                   393,647              (425,774)
<INCOME-TAX>                            0                     0
<INCOME-CONTINUING>               393,647              (425,774)
<DISCONTINUED>                          0                     0
<EXTRAORDINARY>                         0                     0
<CHANGES>                               0                     0
<NET-INCOME>                      393,647              (425,774)
<EPS-BASIC>                          0.24                 (0.26)
<EPS-DILUTED>                        0.24                 (0.26)



</TABLE>
#### Thos. N. Allen, etc., *v.*W. L. Mitcherson, etc.

Bills and *Notes*— Answer—Confession of Matters Alleged in Petition.

An answer to a petition on a note, which merely alleges want of information or knowledge as to whether the debt was due as recited in the petition, and avers want of knowledge or information as to whether plaintiffs acquired possession of the note in the manner alleged, is virtually a confession of the truth of the matters alleged in the petition.

APPEAL FROM. DAVIESS CIRCUIT COURT.

April 5, 1873.

Opinion by

Judge Lindsay

The answer in this case, which was not filed for more than four years after the service of summons, does not controvert the allegations of the petition to the effect that John Allen, deceased, owed to Scarbrough the note for $1,012.50, but merely states that the parties answering had no knowledge or information as to whether the debt was due as recited in the petition.

Neither does it deny that Barron and Mitcherson paid off and discharged the debt, but again reverts to want of knowledge or information as to whether'they gained it in the particular manner charged. This court has so often condemned this character of pleading that it is scarcely necessary to sa.y that the answer virtually confessed the truth of the petition as to these matters.

We are of opinion that Barron and Mitcherson were entitled to be substituted to the Scarbrough’s rights. It is true that a third party can not by paying off a note, claim to stand in the place of the payee without taking an assignment from him, but when the payment is made at the request of the debtor, the rule may be and in many cases is different.

D. N. Allen, the executor, had the right to represent the estate of the deceased. He was charged by the will with the payment of the debts. He might have procured Barron and Mitcherson to pay the debt to Scarbrough and by the execution to them of a note in his capacity as executor have, bound the estate to refund to them the money thus paid to its use. It is perfectly plain from1 the’pleading and proof that Barron and Mitcherson paid the debts for the es*622tate, and not for the individual accommodation of the executor. They can therefore look to the estate for their money.

*Sweeney & Stuwrt, for appellants.*

*Ray & Walker, for appellees.*

These appellants do not pretend that they have not received sufficient property and money under their ancestor’s will to pay them.

The credit allowed the executor in a settlement of his accounts made four years after suit was commenced, and after appellants had actual notice of appellees’ claim, can not affect their right.

As this action is against devisees, and not against a personal representative, a demand accompanied with the statutory affidavit as to usury discounts, off-sets, etc., was not necessary.

Judgment *affirmed.*
#### Adolph Leitelt et al. v. William E. Parker et al.

*Review on findings without exceptions.*

Where no exceptions are taken in a case tried without a jury the only question on error is whether the finding of facts supports the judgment.

The Supreme Court will not inquire into apparent inconsistencies in a finding of facts where the final result supports the judgment and no exceptions are taken.

Error to Kent.

Submitted Apr. 19.

Decided Apr. 25,

Assumpsit for labor and materials furnished in repairing a boiler. Defendants filed a claim for recoupment of damages on the ground that soon after the work was done the boiler leaked as badly as ever. The case was tried by the court without a jury, and the judge gave judgment for plaintiffs on a finding that the work was done in a workmanlike manner and the labor and materials furnished were firstjclass, though he also found that within a few days after the repairs were completed the boiler began to leak and in two or three months leaked nearly as badly as before. Defendants bring error.

Affirmed.

*A. J. Southard*and *Turner & Oarroll*for appellants.

Particular findings must govern: *Keeler v. Robertson*27 Mich. 126; one cannot recover in assumpsit for labor that does not benefit the person for whom it was done: *Taft v. Montague*14 Mass. 281; *Sinclair v. Bowles*9 B. & C. 92; *Wade v. Haycock*25 Penn. St. 382; *Union Hide and Leather Co. v. Reissig*48 Ill. 75; *Pullman v. Corning*14 Barb. 174; *Conery v. Noyes*17 La. Ann. 201; *Heaston v. Colgrove*3 Ind. 265; *Robinson v. Brinson*20 Tex. 440.

*J. W. & O. C. Ransom*for appellees.

Marston, J.

As no exceptions were taken • in this case, the only question raised is whether the finding of facts supports the judgment.

*298Although the court finds the manner in which the work was done, and that after its completion the boiler leaked, yet we cannot inquire into these matters on this record. The court did find that the work and labor performed and' the materials furnished were first class; that the boiler was repaired in a good and workmanlike manner and was reasonably worth the price charged therefor.

This finding is controlling, and the court having found the balance due and rendered judgment therefor, the same-must be affirmed with costs.

Cooley and Campbell, JJ. concurred.
Exhibit 23.2

Consent of
Independent Registered Public Accounting Firm

Board of Directors and
Shareholders of Mestek, Inc.

We
consent to incorporation by reference in the registration statements (File Numbers
333-06429, effective July 9, 1996 and 333-82067, effective July 1, 1999) on Form S-8 of
Mestek, Inc. our reports dated March 30, 2004, relating to the consolidated balance sheet
of Mestek, Inc. and subsidiaries as of December 31, 2003 and the related consolidated
statements of operations, shareholders equity and comprehensive income (loss), cash
flows and supplemental schedule for each of the years in the two-year period ended
December 31, 2003 which report appears in the December 31, 2004 annual report on Form 10-K
of Mestek, Inc.

/s/ Grant Thornton LLP

Boston, MassachusettsMarch
29, 2005
No. 87-6514.

#### Gonzalez *v.*United States.

C. A. 11th Cir. Certiorari denied.
exv10w7



 








Exhibit 10.7




FOURTH AMENDMENT

TO THE 1996 LONG-TERM INCENTIVE PLAN

OF

BALLY TOTAL FITNESS HOLDING CORPORATION





	1.	 	Section 3 of the Plan is hereby amended by changing the number of aggregate Shares subject to
the Plan from four million six hundred thousand (4,600,000) Shares to six million one hundred
thousand (6,100,000) Shares.
	 
	2.	 	This Fourth Amendment shall be effective as of December 5, 2000.
# Presidential Determination Pursuant to Section 1245(d)(4)(B) and (C) of the National Defense Authorization Act for Fiscal Year 2012

# Memorandum for the Secretary of State[,] the Secretary of the Treasury[, and] the Secretary of Energy

By the authority vested in me as President by the Constitution and the laws of the United States, after carefully considering the report submitted to the Congress by the Energy Information Administration on October 30, 2014, and other relevant factors, including global economic conditions, increased oil production by certain countries, and the level of spare capacity, I determine, pursuant to section 1245(d)(4)(B) and (C) of the National Defense Authorization Act for Fiscal Year 2012, Public Law 112-81, and consistent with my prior determinations, that there is a sufficient supply of petroleum and petroleum products from countries other than Iran to permit a significant reduction in the volume of petroleum and petroleum products purchased from Iran by or through foreign financial institutions.

I will continue to monitor this situation closely.

                        The Secretary of State is hereby authorized and directed to publish this memorandum in the                         *Federal Register*.                    

[FR Doc. 2014-28481

Billing code 4710-10
Exhibit 99.1

                            MICROPAC INDUSTRIES, INC.

                             CERTICATION 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  Micropac  Industries,  Inc.  (the
"Company") on Form 10-KSB for the period ending  November 30, 2002 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Connie Wood,  President  and Chief  Executive  Officer of the Company,  certify,
pursuant  to 18  U.S.C.  ss.  1350,  as  adopted  pursuant  to  ss.  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.


 /s/ Connie Wood
---------------------
Connie Wood, President and CEO
(Principal Executive Officer)
**Exhibit 23.1**

 

**CONSENT OF INDEPENDENT ACCOUNTANTS**

 

We hereby consent to the incorporation by reference in the Registration Statements on Form S-8 (File Nos. 2-91432, 2-72124, 2-85698,2-97280, 33-37319, 33-37323, 33-59005, 33-55613, 33-10801, 33-11790, 333-79227, 333-90127, 333-30918, and 333-103844), Form S-3 (File Nos. 2-84252, 33-9706, 33-22196, 33-47213, 333-23025, and 333-80781) and Form S-4 (File Nos. 33-58117 and 33-48960)of Millipore Corporation of our report dated February 13, 2004, except for Note 20 for which the date is March 4, 2004, relating to the financial statements, which appears in the Annual Report to Shareholders, which is incorporated in this AnnualReport on Form 10-K. 

 

PricewaterhouseCoopers LLP 

 

Boston, Massachusetts 

March 11, 2004