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

108TH CONGRESS 

2D SESSION H. R. 4764 

To amend title 38, United States Code, to extend eligibility for pension 

benefits under laws administered by the Secretary of Veterans Affairs 

to veterans who received an expeditionary medal during a period of 

military service other than a period of war. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 6, 2004 

Mr. RAHALL introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to extend eligibility 

for pension benefits under laws administered by the Secretary of Veterans Affairs to veterans who received an 

expeditionary medal during a period of military service 

other than a period of war. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 4764 IH 

1 SECTION 1. EXTENSION OF ELIGIBILITY FOR VETERANS 

2 PENSION BENEFITS TO VETERANS WHO RE3 CEIVED AN EXPEDITIONARY MEDAL FOR A 

4 PERIOD OF MILITARY SERVICE OTHER THAN 

5 A PERIOD OF WAR. 

6 Section 1501(4) of title 38, United States Code, is 

7 amended by adding at the end the following new sentence: 

8 ‘‘Such term includes, in the case of any veteran, any pe9 riod of active military, naval, or air service not covered 

10 by the preceding sentence for which the veteran received 

11 an expeditionary medal.’’. 

Æ
**Exhibit 32.2**

 

***URANIUM RESOURCES,INC.***

405 State Highway 121 Bypass, Building A, Suite 110, Lewisville,TX 75067

972.219.3330 Phone 972.219.3311 Fax

 

May 10, 2010

 

Securities and ExchangeCommission

450 5th Street, N.W.

Washington, D.C. 20549

 

CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACTOF 2002

 

I, Thomas H. Ehrlich,Vice President - Finance and Chief Financial Officer of Uranium Resources, Inc.(the “Company”), certify, pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, that to my knowledge:

 

(1)  The Quarterly Report on Form 10-Qof the Company for the period ended March 31, 2010, which thiscertification accompanies fully complies with the requirements of section 13(a) or15(d) of the Securities Exchange Act of 1934; and

 

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

 

 
| */s/* Thomas H. Ehrlich                     |   |
|---------------------------------------------|--------|
| Thomas H. Ehrlich                           |   |
| Vice President and  Chief Financial Officer |   |
| May 10, 2010                           |   |

 

----
EXHIBIT 99
----------




                       SECTION 906 CERTIFICATION
                       -------------------------



     The following statement is provided by the undersigned to accompany
the foregoing Report on Form 10-Q pursuant to Section 906 of the Sarbanes-
Oxley Act of 2002 and shall not be deemed filed pursuant to any provision
of the Exchange Act of 1934 or any other securities law:

     Each of the undersigned certifies that the foregoing Report on Form
10-Q fully complies with the requirements of Section 13(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m) and that the information
contained in the Form 10-Q fairly presents, in all material respects, the
financial condition and results of operations of AMFAC HAWAII, LLC.






By: /s/  Gary Nickele                     By: /s/ Peggy H. Sugimoto
    ----------------------                    ----------------------
    Gary Nickele                              Peggy H. Sugimoto
    President                                 Senior Vice President
    Amfac Hawaii, LLC                         Amfac Hawaii, LLC
Exhibit 10.5 2015 Senior Management Incentive Plan




Exhibit 10.5


LUNA INNOVATIONS INCORPORATED 
SENIOR MANAGEMENT INCENTIVE PLAN 
FISCAL YEAR 2015 
SENIOR MANAGEMENT INCENTIVE PLAN (CEO, CFO AND CSO) 
Eligible Participants: 
The initial participants are: Chief Executive Officer, Chief Financial Officer and Chief Strategy Officer. Others may be added from time to time with prior approval of the Chief Executive Officer or Compensation Committee, as appropriate. The target percentage awards for the initial participants are 50% of their respective annual base salaries earned during the year ending December 31, 2015. 
Metrics and Awards: 
The 2015 Senior Management Incentive Plan is structured as a percentage of each participant’s annual salary for 2015 and is triggered only if the company achieves a specified target for revenue (40% weighting) or a specified target for operating income (loss), excluding costs associated with the merger between the company and Advanced Photonix, Inc., as indicated on ATTACHMENT A. The amount of the bonus will be based on the amount of revenue and operating income (loss), as indicated in ATTACHMENT A. 
Payment: 
Bonus awards under this plan will be paid annually following the approval of the Compensation Committee and completion of an audit of the company’s financial statements for the year ending December 31, 2015. 






Attachment A


	
														
	 
	 
	 
	 
	 
	 
	 
	 
	 
	 
	 
	 
	 

	 
	 
	 
	 
	 
	Component Weight
	 
	 
	Minimum - 5% of Base Salary*
	 
	Target – 50% of Base Salary*
	 
	Maximum – 75% of Base Salary*

	Components:
	 
	 
	 
	 
	 
	 
	 
	 
	 

	 
	 
	 
	 
	 
	 
	 
	 
	 
	 
	 
	 
	 

	 
	Revenue**
	 
	40
	%
	 
	 
	$[***]
	 
	$[***]
	 
	$[***]

	 
	 
	 
	 
	 
	 
	 
	 
	 
	 
	 
	 
	 

	 
	Operating Income (Loss), excluding costs associated with the merger with API **
	60
	%
	 
	 
	$[***]
	 
	$[***]
	 
	$[***]

	 
	 
	 
	 
	 
	 
	 
	 
	 
	 

	 
	 
	 
	 
	 
	 
	 
	 
	 
	 
	 
	 
	 

	 
	Total
	 
	 
	 
	100
	%
	 
	 
	 
	 
	 
	 
	 








*  Base Salary earned during the year ending December 31, 2015.
** The actual payout percentages for achievement of these metrics between the minimum levels and target levels, or between the target levels and the maximum levels, will be interpolated on a pro rata basis.  



Confidential and Proprietary


CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED [***]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
</LEGEND>
<CIK>                            0000840401
<NAME>                           ACCUHEALTH, INC.
<MULTIPLIER>                                1,000
<CURRENCY>                                    USD

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                     MAR-31-2000
<PERIOD-START>                         APR-1-1999
<PERIOD-END>                          JUN-30-1999
<EXCHANGE-RATE>                                 1
<CASH>                                          2
<SECURITIES>                                    0
<RECEIVABLES>                              12,165
<ALLOWANCES>                               (2,172)
<INVENTORY>                                   354
<CURRENT-ASSETS>                           10,514
<PP&E>                                      5,313
<DEPRECIATION>                             (3,627)
<TOTAL-ASSETS>                             12,385
<CURRENT-LIABILITIES>                      16,151
<BONDS>                                         0
<PREFERRED-MANDATORY>                           0
<PREFERRED>                                     1
<COMMON>                                       52
<OTHER-SE>                                  7,628
<TOTAL-LIABILITY-AND-EQUITY>               12,385
<SALES>                                     5,257
<TOTAL-REVENUES>                            5,257
<CGS>                                       3,635
<TOTAL-COSTS>                               3,635
<OTHER-EXPENSES>                            2,420
<LOSS-PROVISION>                             (798)
<INTEREST-EXPENSE>                            494
<INCOME-PRETAX>                            (1,292)
<INCOME-TAX>                                    0
<INCOME-CONTINUING>                             0
<DISCONTINUED>                                  0
<EXTRAORDINARY>                                 0
<CHANGES>                                       0
<NET-INCOME>                               (1,292)
<EPS-BASIC>                                  (.26)
<EPS-DILUTED>                                (.26)


</TABLE>
J-S47006-18

* Retired Senior Judge appointed to the Superior Court.

NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA,

 v.

ZACHARY ZANE MOORE,

 Appellant

:

:

:

:

:

:

:

:

:

IN THE SUPERIOR COURT OF

PENNSYLVANIA

 

 No. 1278 WDA 2017

Appeal from the Judgment of Sentence May 25, 2017

In the Court of Common Pleas of Blair County Criminal Division at No(s): 

CP-07-CR-0000807-2016

BEFORE: OLSON, J. MCLAUGHLIN, J. and STRASSBURGER, J.*

CONCURRING MEMORANDUM BY STRASSBURGER, J.:

FILED: October 19, 2018

I join the Majority’s holding that Appellant’s discretionary aspects of 

sentencing claims are waived, and that the third claim, if not waived, fails to 

raise a substantial question. I write separately to express my disquiet about 

the nearly unfettered discretion given to trial courts in imposing consecutive 

or concurrent sentences. 

“The imposition of consecutive as opposed to concurrent sentences is 

solely within the discretion of the trial court, and does not in and of itself 

even rise to the level of a substantial question.” Commonwealth v. 

Johnson, 873 A.2d 704, 709 at n.2 (Pa. Super. 2005).

The rationale behind such broad discretion and the 

concomitantly deferential standard of appellate review is that the 

sentencing court is “in the best position to determine the proper 

penalty for a particular offense based upon an evaluation of the 
J-S47006-18

- 2 -

individual circumstances before it.” Commonwealth v. Ward,

[] 568 A.2d 1242, 1243 ([Pa.] 1990); see also 

Commonwealth v. Jones, [] 613 A.2d 587, 591 ([Pa. Super.] 

1992) (en banc) (offering that the sentencing court is in a 

superior position to “view the defendant’s character, displays of 

remorse, defiance or indifference and the overall effect and 

nature of the crime.”). Simply stated, the sentencing court 

sentences flesh-and-blood defendants and the nuances of 

sentencing decisions are difficult to gauge from the cold 

transcript used upon appellate review. Moreover, the sentencing 

court enjoys an institutional advantage to appellate review, 

bringing to its decisions an expertise, experience, and judgment 

that should not be lightly disturbed.

Commonwealth v. Walls, 926 A.2d 957, 961 (Pa. 2007).

“[T]he imposition of consecutive, rather than concurrent, sentences 

may raise a substantial question in only the most extreme circumstances, 

such as where the aggregate sentence is unduly harsh, considering the 

nature of the crimes and the length of imprisonment.” Commonwealth v. 

Lamonda, 52 A.3d 365, 372 (Pa. Super. 2012) (en banc) (emphasis 

added). 

I am mindful of these principles; however, as is so often the case, 

inconsistent application of the sentencing factors and limited appellate 

review results in similarly situated defendants being treated disparately with 

no recourse. I believe this is a situation our jurisprudence cannot 

countenance. Accordingly, I respectfully concur.
JAMES H. KREIMEYER 

 ATTORNEY AT LAW 

P.O. BOX 727 BOARD CERTIFIED-CRIMINAL LAW (254) 939-9393 

BELTON, TEXAS 76513 TEXAS BOARD OF LEGAL SPECIALIZATION FAX (254) 939-2870

June 4, 2015 

Hon. Jeffrey D. Kyle, Clerk 

Court of Appeals 

Third District of Texas 

P.O. Box 12547 

Austin, Texas 78711-2547 

RE: Tarsha Yvonne Wiley vs. The State of Texas 

 Cause No. 03-14-00563-CR 

 

Dear Mr. Kyle: 

 This is to inform the Court of Appeals that I, as 

attorney on appeal, have complied with Rule 48.4 of the 

Texas Rules of Appellate procedure by sending a copy of the 

Court’s Opinion in the above referenced case. This was done 

within five (5) days after the opinion was rendered. 

 Enclosed please find a copy of the return receipt. 

Please cause this letter and copy to be filed in this 

matter. 

 

Yours truly, 

/s/ James H. Kreimeyer 

James H. Kreimeyer 

JHK:ar 

Encl.

ACCEPTED

03-14-00563-CR

5546117

THIRD COURT OF APPEALS

AUSTIN, TEXAS

6/4/2015 1:14:25 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 6/4/2015 1:14:25 PM JEFFREY D. KYLE Clerk
Electronically Filed Intermediate Court of Appeals CAAP-15-0000294 28-OCT-2016 09:06 AM
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                           32795
<SECURITIES>                                    342791
<RECEIVABLES>                                      488
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 21005
<PP&E>                                         1313676
<DEPRECIATION>                                  869909
<TOTAL-ASSETS>                                  840846
<CURRENT-LIABILITIES>                            62866
<BONDS>                                              0
<COMMON>                                             0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                      777980
<TOTAL-LIABILITY-AND-EQUITY>                    840846
<SALES>                                              0
<TOTAL-REVENUES>                                386237
<CGS>                                                0
<TOTAL-COSTS>                                   487382
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (67147)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (67147)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (67147)
<EPS-PRIMARY>                                  (61.77)
<EPS-DILUTED>                                        0
        

</TABLE>
11177.

#### Kelley *v.*Overland Sales Company.

Decided May 5, 1920.

Stephens, J.

1. An instrument executed by the purchaser of personal property to the seller, wherein it is agreed that the title to the property is to remain in the seller until paid for, that the purchaser upon default of the payment of the notes when due is to be responsible for the delivery of the property to the seller, and that the purchaser is to hold and possess the property as a bailee for hire, is not a bill of sale by the purchaser to the. seller, but is a conditional sale by the seller to the purchaser, the same being a contract of sale with a reservation of title by the seller for the purpose of securing the indebtedness. Such instrument is not converted into a bill of sale from the purchaser to the seller by an additional provision that the purchaser bargains, sells, transfers, and conveys the property to the seller and warrants the title. *Wynn*v. *Tyner,*139 *Ga.*765 (78 S. E. *185); Berry*v. *Robinson,*122 *Ga.*575 (50 S. E. 378); Civil Code (1910), § 3318; *Bacon*v. *Hanesley,*19 *Ga. App.*69 (90 S. E. 1033) ; *Lankford*v. *Peterson,*21 *Ga. App.*1, 10, 11 (93 S. E. 499).

2. Such instrument, being neither a mortgage nor a bill of sale to secure debt, cannot be foreclosed by the summary statutory method provided in. the Civil Code (1910), §§ 3293, 3298.

*Judgment reversed.*

*Jenkins, P. J., and Smith, J., concur.*

*278Foreclosure of mortgage; from Marion superior court — Judge Howard. October 27, 1919.

*W. D. Crawford,*for plaintiff in error.

*McCutchen &*Bowden, contra.
##### 



Exhibit 32.1
 SECTION 1350 CERTIFICATION OF THE CHIEF EXECUTIVE
OFFICER AND CHIEF FINANCIAL OFFICER
  (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.
  By:
    
    /s/ Alec C. CovingtonName: Alec C. CovingtonTitle: President and Chief Executive OfficerBy:
    
    /s/ Robert B. DimondName: Robert B. DimondTitle: Executive Vice President andChief Financial Officer
 1
**Exhibit 23.1**

**Consentof Independent Registered Public Accounting Firm**

The Board of Directors

MOCON, Inc.:

Weconsent to the incorporation by reference in the registration statement (No.33-49752, 333-58789, 333-90116 and 333-134413) on Form S-8 of MOCON, Inc. ofour reports dated March 29, 2007, with respect to the consolidated balancesheets of MOCON, Inc. as of December 31, 2006 and 2005, and the relatedconsolidated statements of income, stockholders’ equity and comprehensiveincome, and cash flows for each of the years in the three-year period endedDecember 31, 2006, and related financial statement schedule, which reportsappear in the December 31, 2006, annual report on Form 10-K of MOCON, Inc.

Ourreport on the consolidated financial statements refers to the Company’sadoption of the provisions of Statement of Financial Accounting Standards No.123 (Revised 2004), *“Share-Based Payment,”*on January 1, 2006.
|  | /s/ KPMG LLP |   |
|--|--------------|--------|

Minneapolis, Minnesota

March30, 2007

 

----
EXHIBIT 23.1

                       CONSENT OF INDEPENDENT ACCOUNTANTS


We hereby consent to the incorporation by reference in the Registration
Statement on Form S-8 (No. 333-41658) of Activeworlds.Corp. of our report dated
April 3, 2003, except for Note 11 as to which the date is April 11, 2003,
relating to the consolidated financial statements as of December 31, 2002 and
for the two years then ended, which appear in this Form 10-KSB.

/s/ Pannell Kerr Forster, P.C.

PANNELL KERR FORSTER, P.C.
Boston, Massachusetts
April 14, 2003
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<MULTIPLIER> 1
       
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<CASH>                                         140,887
<SECURITIES>                                   895,619
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<OTHER-EXPENSES>                               408,177
<LOSS-PROVISION>                                     0
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<CHANGES>                                            0
<NET-INCOME>                                 (256,609)
<EPS-PRIMARY>                                  (26.23)
<EPS-DILUTED>                                        0
        

</TABLE>
#### NATIONAL LABOR RELATIONS BOARD, Petitioner, v. TRANS CONTINENTAL AIRLINES, INC., Respondent.

No. 78-1002.

United States Court of Appeals, Sixth Circuit.

Feb. 19, 1980.

*1117Elliott Moore, Susan S. McDonald, Deputy Associate Gen. Counsel, Allison W. Brown, Jr., N. L. R. B., Washington, D. C., Bernard Gottfried, Director, Region 7, N. L. R. B., Detroit, Mich., for petitioner.

A. David Mikesell, Honigman, Miller, Schwartz & Cohn, Charles H. Tobias, Detroit, Mich., for respondent.

Before EDWARDS, Chief Judge, and CELEBREZZE and LIVELY, Circuit Judges.

ORDER

The NLRB petitions for enforcement of its order finding a violation of § 8(a)(5) and (1) for the Respondent’s refusal to recognize and bargain with a union previously certified by the NLRB. The decision and order of the Board is reported at 231 NLRB No. 83. This appeal was presented to the court on the record and briefs, oral argument having been waived.

The Respondent’s refusal to recognize and bargain with the union was based on its claim that certification was invalid. Respondent contended that a letter from the union to its employees five days before the scheduled election contained material misrepresentations which tainted the election process.

Upon consideration of the record on appeal together with the briefs of the parties, the court notes that the Respondent made no attempt to answer the alleged misrepresentations, though it held a scheduled meeting with its employees after receiving knowledge of the contents of the letter. The court further notes that the statements in the letter which are claimed to be misrepresentations appear to be mere “puffing” which was not likely to mislead the employees. The court concludes that the Board acted properly within its broad discretion in certifying the union.

The petition for enforcement is granted.
<Page>

                                                                    EXHIBIT 99.1

                                  AQUILA, INC.

                             CHIEF EXECUTIVE OFFICER

     CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Richard C. Green, Jr., certify that, to my knowledge:

1.
        Aquila, Inc.'s Annual Report on Form 10-K for the year ended December
        31, 2002 accompanying this Certification, in the form filed with the
        Securities and Exchange Commission (the "Report") fully complies with
        the requirements of Section 13(a) of the Securities Exchange Act of 1934
        (the "Exchange Act"); and

2.
        The information in the Report fairly presents, in all material respects,
        the financial condition and results of operations of Aquila, Inc.

     Dated: April 11, 2003

                                            /s/ RICHARD C. GREEN, JR.
                                ------------------------------------------------
                                             Richard C. Green, Jr.
                                CHAIRMAN, PRESIDENT AND CHIEF EXECUTIVE OFFICER
                                                  Aquila, Inc.