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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-7397

BERNARD RAY RICHARDSON,

Petitioner - Appellant,

versus

W. SPROUSE, Nurse; D. SWISHER; DEPARTMENT OF

CORRECTIONS,

Respondents - Appellees.

Appeal from the United States District Court for the Western

District of Virginia, at Roanoke. James C. Turk, District Judge.

(CA-97-523-R)

Submitted: June 9, 1998 Decided: June 24, 1998

Before HAMILTON, LUTTIG, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Bernard Ray Richardson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals the district court’s orders denying relief

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

1998), and denying his motion for reconsideration. We have reviewed

the record and the district court’s opinions and find no reversible

error. Accordingly, we grant Appellant’s motion to file a formal

brief, deny Appellant’s motions for leave to proceed in forma pauperis, deny a certificate of appealability and dismiss the appeal

on the reasoning of the district court. Richardson v. Sprouse, No.

CA-97-523-R (W.D. Va. Sept. 2, 1997; Oct. 22, 1997). To the extent

that the proffered documents were presented to the district court,

we grant Appellant’s motions to submit exhibits, to submit amended

reconsideration of civil complaint, to submit exhibits as supporting factors, to submit prior appeals, and to submit district

court’s dismissal order. To the extent that these documents were

not presented in the district court, the motions to submit new

evidence in this court are denied. We dispense with oral argument

because the facts and legal contentions are adequately presented in

the materials before the court and argument would not aid the decisional process.

DISMISSED
EXHIBIT 10(a)


 


CONSENT OF INDEPENDENT REGISTERED PUBLIC
ACCOUNTING FIRM


 


We hereby consent to the incorporation by reference in the Registration
Statement on Form S-8 (File No. 333-05606) and in the Registration Statement on
Form S-8 (File No. 333-12716) of Waterford Wedgwood plc of our report dated
June 17, 2004, relating to the Consolidated Financial Statements and our
report dated June 17, 2004 on the financial statement schedule, which
appear in this Form 20-F.


 


 


PricewaterhouseCoopers


Chartered Accountants and Registered Public Accounting Firm


Dublin, Republic of Ireland


 


September 30, 2004
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JAN-01-2000
<PERIOD-END>                               OCT-02-1999
<CASH>                                             584
<SECURITIES>                                         0
<RECEIVABLES>                                     1750
<ALLOWANCES>                                       141
<INVENTORY>                                       2049
<CURRENT-ASSETS>                                  4909
<PP&E>                                            9232
<DEPRECIATION>                                    6955
<TOTAL-ASSETS>                                   10280
<CURRENT-LIABILITIES>                             2948
<BONDS>                                           1020
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            53
<OTHER-SE>                                        4259
<TOTAL-LIABILITY-AND-EQUITY>                     10280
<SALES>                                          10027
<TOTAL-REVENUES>                                 10027
<CGS>                                             5027
<TOTAL-COSTS>                                     5027
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                    14
<INTEREST-EXPENSE>                                 152
<INCOME-PRETAX>                                    979
<INCOME-TAX>                                       391
<INCOME-CONTINUING>                                588
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       588
<EPS-BASIC>                                        .11
<EPS-DILUTED>                                      .11


</TABLE>
SAGE DEVELOPMENT AND CONSTRUCTION
                      16161 College Oak, Suite 100
                      San Antonio, Texas 78249
                      210-408-0010


SAGE DEVELOPMENT AND CONSTRUCTION (SUBCONTRACTOR)

BID PROPOSAL AND AGREEMENT

GENERAL CONTRACTOR:     COLLEGE OAK INVESTMENTS, INC.
DATE: MAY 15, 2004
PROJECT NAME: QUADK BUILDING
PROJECT ADDRESS: 4733 SHAVANO OAK, SAN ANTONIO, TX  78249
PROJECT SIZE & USE:  3,038 SF GENERAL OFFICE
PROJECT ARCHITECT:  STEPHEN J. KRAMER ARCHITECTS

<TABLE>
<CAPTION>

DESCRIPTION               COST      COST/SF
-----------------      -----------  -------
<S>                   <C>          <C>
GENERAL CONDITIONS    $ 29,900.00  $  9.84
EQUIPMENT             $  3,400.00  $  1.12
FINAL CLEANING        $    759.50  $  0.25
DEMOLITION            $         -  $     -
GENERAL CONDITIONS    $ 29,900.00  $  9.84
EQUIPMENT             $  3,400.00  $  1.12
FINAL CLEANING        $    759.50  $  0.25
DEMOLITION            $         -  $     -
SITE FINISH WORK      $  7,850.00  $  2.58
CONCRETE              $ 25,549.60  $  8.41
MASONRY               $ 26,660.00  $  8.78
STRUCTURAL:           $ 44,768.00  $ 14.74
CABINETS & MILLWORK   $ 21,500.00  $  7.08
ROOFING               $ 22,505.00  $  7.41
DOORS & HARDWARE      $  8,912.00  $  2.93
GLASS                 $ 13,550.00  $  4.46
DRYWALL               $  8,470.00  $  2.79
CEILINGS              $         -  $     -
FLOORING              $ 10,032.00  $  3.30
SPECIALTIES           $  9,305.75  $  3.06
PAINT & WALLCOVERING  $ 10,080.00  $  3.32
HVAC                  $ 18,620.00  $  6.13
FIRE ALARM            $         -  $     -
FIRE SPRINKLERS       $         -  $     -
PLUMBING              $ 17,700.00  $  5.83
ELECTRICAL            $ 21,963.00  $  7.23
SUBTOTAL              $301,524.85  $ 99.25
SALES TAX             $ 12,466.17  $  4.10
TOTAL BID             $313,991.02  $103.35
</TABLE>

<PAGE>

PROPOSAL SUBMITTED BY:
/S/ JAY ALKIRE
-----------------
President
Sage Development & Construction


Proposal Accepted by:

/S/ Carey G. Birmingham
-------------------------
President
College Oak Investments, Inc.

Date:
May 15, 2004

<PAGE>
#### Simon Lorne et al., Appellants, v 50 Madison Avenue LLC et al., Defendants, and Board of Managers et al., Respondents.

Submitted April 12, 2010;

decided June 24, 2010

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.
#### Carol A. Giacomaro, Appellant, v Ralph R. Wilson et al., Respondents.

[872 NYS2d 180]

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Parga, J.), entered December 14, 2007, which granted *803the motion of the defendant Ralph R. Wilson and the separate motion of the defendants Brian J. Scelfo and Mark S. Scelfo for summary judgment dismissing the complaint insofar as asserted against them on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is reversed, on the law, with one bill of costs payable to the plaintiff, and the motion of the defendant Ralph R. Wilson and the separate motion of the defendants Brian J. Scelfo and Mark S. Scelfo for summary judgment dismissing the complaint insofar as asserted against them are denied.

The Supreme Court erred in determining that the defendants met their prima facie burdens of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident *(see Toure v Avis Rent A Car Sys.,*98 NY2d 345 [2002]; *Gaddy v Eyler,*79 NY2d 955, 956-957 [1992]). Here, the defendants, who submitted the same evidence in support of their respective motions, relied, inter alia, on the affirmed medical report of Dr. Vartkes Khachadurian. That doctor, an orthopedic surgeon, examined the plaintiff on April 11, 2007, and noted in his report a significant limitation in the range of motion of the plaintiff’s right shoulder *(see Hurtte v Budget Roadside Care,*54 AD3d 362 [2008]; *Perry v Brusini,*53 AD3d 478 [2008]; *Jenkins v Miled Hacking Corp.,*43 AD3d 393 [2007]; *Bentivegna v Stein,*42 AD3d 555 [2007]; *Zamaniyan v Vrabeck,*41 AD3d 472 [2007]). Since the defendants failed to meet their respective prima facie burdens, it is unnecessary to consider whether the plaintiff’s opposition papers were sufficient to raise a triable issue of fact *(see Hurtte v Budget Roadside Care,*54 AD3d 362 [2008]; *Coscia v 938 Trading Corp.,*283 AD2d 538 [2001]). Spolzino, J.E, Covello, McCarthy and Belen, JJ., concur.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<EXCHANGE-RATE>                                      1
<CASH>                                         934,533
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,115,552
<PP&E>                                          37,177
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               1,299,229
<CURRENT-LIABILITIES>                          236,234
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        54,032
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 1,299,229
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                91,204
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              16,922
<INCOME-PRETAX>                                855,871
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   855,871
<EPS-PRIMARY>                                     0.14
<EPS-DILUTED>                                     0.14
        

</TABLE>
[Federal Register Volume 74, Number 96 (Wednesday, May 20, 2009)]
[Notices]
[Page 23750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11702]


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

SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the 
Government in the Sunshine Act, Public Law 94-409, that the Securities 
and Exchange Commission will hold a Closed Meeting on Thursday, May 21, 
2009 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the 
Commission, and recording secretaries will attend the Closed Meeting. 
Certain staff members who have an interest in the matters also may be 
present.
    The General Counsel of the Commission, or his designee, has 
certified that, in his opinion, one or more of the exemptions set forth 
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR 
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the 
scheduled matters at the Closed Meeting.
    Commissioner Paredes, as duty officer, voted to consider the item 
listed for the Closed Meeting in closed session.
    The subject matter of the Closed Meeting scheduled for Thursday, 
May 21, 2009 will be: institution and settlement of injunctive actions; 
institution and settlement of administrative proceedings of an 
enforcement nature; and other matters related to enforcement 
proceedings.
    At times, changes in Commission priorities require alterations in 
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have 
been added, deleted or postponed, please contact:
    The Office of the Secretary at (202) 551-5400.

    Dated: May 14, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-11702 Filed 5-19-09; 8:45 am]
P
EXHIBIT 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

Sterling Financial Corporation

Spokane, Washington

We hereby consent to the incorporation
by reference in the Registration Statements on Form S-3 (No. 333-136001, 333-130512, and 333-156568) and Form S-8 (No. 333-144956, 333-141006, 333-136000, 333-139490, 333-111802, 333-105723, 333-61452, 333-44078, and 333-69481) of Sterling
Financial Corporation, of our reports dated March 6, 2009, relating to the consolidated financial statements, and the effectiveness of Sterling Financial Corporations internal control over financial reporting, which appear in this Form
10-K.

BDO Seidman, LLP

Spokane, Washington

March 6, 2009
<PAGE>
EXHIBIT 10.3


                                AMENDMENT TO THE
                              HANOVER DIRECT, INC.
                           KEY EXECUTIVE TWELVE MONTH
                         COMPENSATION CONTINUATION PLAN

                               Amendment Number 1

         WHEREAS, Hanover Direct, Inc. (the "Company") maintains the Hanover
Direct, Inc. Key Executive Twelve Month Compensation Continuation Plan (the
"Plan"); and

         WHEREAS, pursuant to Section 9 of the Plan, the Company's Board of
Directors (the "Board") has the right at any time to amend the Plan (except
under certain circumstances set forth in said Section 9 which are not applicable
in the instant case); and

         WHEREAS, the Board now desires to amend the Plan;

         NOW, THEREFORE, the Plan is hereby amended, effective as of August 1,
2001, as follows:

         FIRST: Section 2.2(ii)(a)(II) of the Plan is hereby amended to read in
its entirety as follows:

                  "(II) any sale or series of sales since April 27, 2001
involving an aggregate of fifty percent (50%) or more of the market value of
Hanover's assets (for this purpose, said 50% amount shall be deemed to be $107.6
million); or"

         SECOND: Section 2.2(ii)(B)(II) of the Plan is hereby amended to read in
its entirety as follows:

                  "(II) a Transaction (other than as described in clause
         (ii)(A)(II) of this definition) immediately following which the
         shareholders of Hanover immediately prior to the Transaction continue
         to have a majority of the voting power in the resulting entity."

         THIRD: Section 2.8 of the Plan is hereby amended to read in its
entirety as follows:

                  "2.8 `For Cause' means the involuntary termination of the
         Participant's employment with the Company on account of the
         Participant's (i) willful and continued
<PAGE>
         failure to perform his/her regular duties for the Company, (ii)
         commission of an act of fraud relating to and adversely affecting the
         Company, or (iii) conviction of a felony in connection with his/her
         employment with the Company."

         FOURTH: Except to the extent hereinabove set forth, the Plan shall
remain in full force and effect without change or modification.

         IN WITNESS WHEREOF, and as evidence of the adoption of the foregoing,
the Company has caused this Amendment Number 1 to be executed by a duly
authorized officer this 29th day of April, 2002.

                                        HANOVER DIRECT, INC.


                                        By: /s/ Charles F. Messina
                                           ------------------------------
                                        Name: Charles F. Messina
                                             ----------------------------
                                        Title: EVP/CAO
                                              ---------------------------

                                      -2-
##### 



Exhibit 32.1 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURUSANT TO SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002 
 In connection with the Quarterly Report of Grey Wolf, Inc. (the Company)
on Form 10-Q/A (Amendment No. 2) for the three period ended March 31, 2004 (the Report), as filed
with the Securities and Exchange Commission on the date hereof, Thomas P.
Richards, Chairman, President and Chief Executive Officer of the Company and
David W. Wehlmann, Executive Vice President and Chief Financial Officer of the
Company, each 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, as amended;
and2.
    
    The information contained in the Report fairly present, in all
material respects, the financial condition and results of operations
of the Company. /s/ Thomas P. RichardsThomas P. RichardsChairman, President and Chief Executive Officer
 /s/ David W. WehlmannDavid W. WehlmannExecutive Vice President and Chief Financial Officer
 
 Date: August 10, 2004
#### UNITED STATES of America, Plaintiff-Appellee, v. Cleveland McLEAN, Jr., Defendant-Appellant.

No. 06-6988.

United States Court of Appeals, Fourth Circuit.

Submitted: Oct. 17, 2006.

Decided: Oct. 20, 2006.

Cleveland McLean, Jr., Appellant Pro Se.

Before NIEMEYER, KING, and DUNCAN, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

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

PER CURIAM:

Cleveland McLean, Jr., seeks to appeal the district court’s order denying his 28 U.S.C. § 2255 (2000) motion as successive. The order is not appealable unless a circuit justice or judge issues a certificate of ap-pealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. *Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *Rose v. Lee,*252 F.3d 676, 683-84 (4th Cir.2001). We have independently reviewed the record and conclude that McLean has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, deny McLean’s motion to intervene, and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*DISMISSED.*
##### 



EXHIBIT 32
 CERTIFICATION OF
THE TRUSTEE*
OF THE SAN JUAN BASIN ROYALTY TRUST
PURSUANT TO 18 U.S.C. § 1350
  1.
    
    The Report fully complies in all material respects with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (as explained in Note 1
to the Trusts financial statements contained in the Report, in accordance with
Securities and Exchange Commission Staff Accounting Bulletin No. 47, released September
16, 1982, the Trust prepares its financial statements in a manner that differs from
generally accepted accounting principles; such presentation is customary to other
royalty trusts); and2.
    
    The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Trust.
 COMPASS BANK, AS TRUSTEE OF THE
SAN JUAN BASIN ROYALTY TRUSTBy:
    /s/ Lee Ann AndersonName:
    Lee Ann AndersonTitle:
    Vice President and Trust OfficerDate: May 5, 2006
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-END>                                   SEP-30-1997
<CASH>                                            2,205,705
<SECURITIES>                                      2,254,606
<RECEIVABLES>                                     1,078,635
<ALLOWANCES>                                              0
<INVENTORY>                                               0
<CURRENT-ASSETS>                                          0
<PP&E>                                            2,315,212
<DEPRECIATION>                                  (1,450,937)
<TOTAL-ASSETS>                                   15,710,678
<CURRENT-LIABILITIES>                                     0
<BONDS>                                           1,073,398
<PREFERRED-MANDATORY>                             8,750,000
<PREFERRED>                                          11,400
<COMMON>                                            454,229
<OTHER-SE>                                        3,026,830
<TOTAL-LIABILITY-AND-EQUITY>                     15,710,678
<SALES>                                                   0
<TOTAL-REVENUES>                                  8,534,265
<CGS>                                                     0
<TOTAL-COSTS>                                             0
<OTHER-EXPENSES>                                  8,734,064
<LOSS-PROVISION>                                    100,000
<INTEREST-EXPENSE>                                   83,707
<INCOME-PRETAX>                                   (383,506)
<INCOME-TAX>                                      (130,392)
<INCOME-CONTINUING>                               (253,114)
<DISCONTINUED>                                            0
<EXTRAORDINARY>                                           0
<CHANGES>                                                 0
<NET-INCOME>                                      (253,114)
<EPS-PRIMARY>                                         (.24)     
<EPS-DILUTED>                                         (.24)
        


</TABLE>