alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### CASS v. PACIFIC FIRE INS. CO.

No. 4371.

District Court, W. D. Missouri, W. D.

June 4, 1947.

Ira B- Burns and Dwight Roberts, both of Kansas City, Mo., for plaintiff.

Hogsett, Trippe, Depping & Flouts, of Kansas City, Mo., for defendant.

REEVES, District Judge.

The motion to dismiss was filed pursuant to the provisions of paragraph 2, Rule 41, Rules of Civil Procedure, 28 U.S.C.A. following section 723c. It is recited in the motion that the case was removed from a state court and that the defendants have duly answered the amended complaint for damages. No reason is assigned for the request save only that the plaintiff “desires to dismiss said case without prejudice.”

The rule is that “an action shall not be dismissed at the plaintiff’s instance save upon order of the court and upon such *349terms and conditions as the court deems proper-”

In view of the request it seems proper that a hearing should be had so as to determine what “terms and conditions” should be deemed proper as a basis for dismissal. It is suggested that the parties appear Friday, June 13th, at 10 A. M. for a hearing, at. which it may be determined whether said case should be dismissed, and, if so, on what “terms and conditions.” The clerk will notify counsel of this memorandum.
<PAGE>
                                                                   EXHIBIT 10.40

June 12, 1997

Muzak Limited Partnership/Chuck Saldarini Employment Agreement

In accordance with our discussions, this letter outlines the terms of my
employment at Muzak Limited Partnership ("the Company") on terms more fully
described below:

1.  Title/Responsibility. President of Muzak Limited Partnership during my
    employment. I will report to William Boyd, Chief Executive Officer and
    Chairman of the Board, and will spend my full-time with responsibility for
    all aspects of the Company's operations with the primary goal of maximizing
    shareholder value;

2.  Base Salary. My base salary will be $250,000.00 annually; salary to be
    reviewed annually;

3.  Bonus. The Company will establish a bonus plan for all senior employees. My
    annual bonus potential will be up to $125,000.00 payable at the end of each
    fiscal year based on the achievement of certain goals to be mutually agreed
    upon; year one, $20 million; year two, $23 million; year three, $26 million.
    All of these numbers shall be based upon accounting principals which were in
    effect at Muzak at January 1, 1997 and shall be exclusive of all severance
    and extraordinary costs;

4.  Contract Term. The contract will have a four-year term commencing on July
    21, 1997, with the fourth year being dependent upon William Boyd's remaining
    as the Company's Chief Executive Officer;

5.  Stock Options. I will receive options to acquire 500,000 partnership units
    of the company at a price per unit equal to $2.33 per share. 200,000 units
    of these options will be subject to vesting in equal annual amounts over a
    three-year period; 150,000 of these units will be subject to the same
    vesting but will be earned upon the Company's achieving $22 million of
    EBITDA within three years. Options on the final 150,000 of these units will
    be subject to the same vesting but will be earned upon the Company's
    achieving $25 million of EBITDA within three years. The vesting period will
    be accelerated upon a "change of control." Calculation of the EBITDA levels
    shall be comparable to these under item No. 3;

6.  Non Competition Agreement. The contract will contain a covenant by me not to
    compete with the Company or to hire any of its employees for a period of two
    years after any termination event; and

7.  Benefits. I will be entitled to participate in all of the Company's employee
    benefit plans.

I very much look forward to the opportunity to be a part of Muzak's leadership,
and I am confident I will have a significant, positive impact on the company.

                                       65
---

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

I, Gordon F. Burley, Chief Executive Officer of Terrace Ventures
  Inc. (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, to
  the best of my knowledge:

| | (i)  | the Quarterly Report on Form 10-QSB of the Company,
        for the fiscal quarter ended October 31, 2004, and to which this certification
        is attached as Exhibit 32.1 (the “Report”) fully complies
        with the requirements of Section 13(a) or 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.                                                                                                                                                                



| | By:    | /s/ Gordon F. Burley   
| | ------ | -----------------------
| |        |                        
| | Name:  | GORDON F. BURLEY       
| |        |                        
| | Title: | Chief Executive Officer
| |        |                        
| | Date:  | December 20, 2004      



*A signed original of this written statement required by
  Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the Registrant
  and will be retained by the Registrant and furnished to the Securities and Exchange
  Commission or its staff upon request.*

*This certification accompanies the Form 10-QSB to which it relates, is
  not deemed filed with the Securities and Exchange Commission and is not to be
  incorporated by reference into any filing of the Registrant under the Securities
  Act of 1933 or the Securities Exchange Act of 1934 (whether made before or after
  the date of the Form 10-QSB), irrespective of any general incorporation language
  contained in such filing.*

---
**Facebook****Email**Print**Facebook****Email

## Overview

#### Independent Research Scholar

Danielle Chisolm, Ph.D.

danielle.chisolm@nih.gov

#### Research Areas (IRP Lab Groups)

Genetics and Genomics

Immunology

Microbiology and Infectious Diseases

Molecular Biology and Biochemistry

T cells play an essential role in our immune system. T helper specification is a dynamic, highly regulated process that leads to the clearance of a wide range of antigens.

The Transcriptional Regulation of Lymphocytes Unit focuses on the mechanisms behind T Cell specification. We integrate several next-generation sequencing techniques, such as RNAseq, to look at differential gene expression and ATACseq, to investigate T cell specification at both the transcriptional and epigenetic levels. Using single-cell RNA sequencing, we have identified previously unrecognized factors that play a role in T helper specification.

We are currently characterizing a poorly defined nuclear factor's role in T cell development and T helper specification.

#### Related NIAMS Labs

                                  - Molecular Inflammation and Immunology Branch
                                  - Lymphocyte Signaling Unit

#### Core Research Facilities

Labs at the NIAMS are supported by the following state-of-the-art facilities and services:
                                        - Biodata Mining and Discovery
                                        - Flow Cytometry
                                        - Genomic Technology
                                        - Laboratory Animal Care and Use
                                        - Light Imaging
                                        - Translational Immunology

## Staff

**Danielle Chisolm, Ph.D.**

danielle.chisolm@nih.gov

**Micala H Hammond**

hammondmh@nih.gov

## Scientific Publications

## Selected Recent Publications

###             Evolving Views of Long Noncoding RNAs and Epigenomic Control of Lymphocyte State and Memory.        

14(1).

###             Translating JAKs to Jakinibs.        

204(8).

**Facebook****Email**Print**Facebook****Email
[Federal Register Volume 74, Number 98 (Friday, May 22, 2009)]
[Notices]
[Pages 24036-24037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11821]


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

DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--National Glass Association

    Notice is hereby given that, on April 23, 2009, pursuant to Section 
6(a) of the National Cooperative Research and Production Act of 1993, 
15 U.S.C. 4301 et seq. (``the Act''), the National Glass Association 
(``NGA'') has filed written notifications simultaneously with the 
Attorney General and the Federal Trade Commission disclosing (1) the 
name and principal place of business of the standards development 
organization and (2) the nature and scope of its standards development 
activities. The notifications were filed for the purpose of invoking 
the Act's provisions limiting the recovery of antitrust plaintiffs to 
actual damages under specified circumstances.
    Pursuant to Section 6(b) of the Act, the name and principal place 
of business of the standards development organization is the National 
Glass Association, McLean, VA. The nature and scope of NGA's standards 
development activities are the development of an Automotive Glass 
Replacement Uniform Labeling of Adhesives Standard (``AGRULA''). The 
goal of AGRULA is to provide suppliers of auto glass replacement 
adhesive products a system of labeling their products that is 
consistent with other suppliers of similar products and to provide a 
standardized system of labeling so that retailers are able to find the 
information they need in an easily recognizable manner to make all 
products traceable to the individual auto glass installation, 
regardless of

[[Page 24037]]

where or by whom the materials were manufactured.

Patricia A. Brink,
Deputy Director of Operations, Antitrust Division.
[FR Doc. E9-11821 Filed 5-21-09; 8:45 am]
BILLING CODE 4410-11-M
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Environmental Protection Agency

          - [FRL-8911-2]

# AGENCY:

Environmental Protection Agency.

# ACTION:

Notice of meeting.

# SUMMARY:

The United States Environmental Protection Agency is announcing the 2009 Annual Meeting of the Ozone Transport Commission (OTC). This OTC meeting will explore options available for reducing ground-level ozone precursors in a multi-pollutant context.

# DATES:

The meeting will be held on June 10, 2009 starting at 9 a.m. (EDT) and ending at 5 p.m.

*Location:*                         Holiday Inn BWI Airport, 890 Elkridge Landing Road, Linthicum, MD 21090; (410) 859-8400.                    

# FOR FURTHER INFORMATION CONTACT:

                        For documents and press inquiries contact: Ozone Transport Commission, 444 North Capitol Street NW., Suite 638, Washington, DC 20001; (202) 508-3840; e-mail:                         *ozone@otcair.org;*                         Web site:                         *http://www.otcair.org.*

# SUPPLEMENTARY INFORMATION:

The Clean Air Act Amendments of 1990 contain at Section 184 provisions for the “Control of Interstate Ozone Air Pollution.” Section 184(a) establishes an “Ozone Transport Region” (OTR) comprised of the States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, parts of Virginia and the District of Columbia. The purpose of the Ozone Transport commission is to deal with ground-level ozone formation, transport, and control within the OTR.

*Type of Meeting:*                     Open.                

*Agenda:*                     Copies of the final agenda will be available from the OTC office (202) 508-3840; by e-mail:                     *ozone@otcair.org*                     or via the OTC Web site at                     *http://www.otcair.org*).                

Dated: May 21, 2009. 

William C. Early,

Acting Regional Administrator, Region III.

[FR Doc. E9-12551 Filed 5-28-09; 8:45 am]

BILLING CODE 6560-50-P
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                          95,247
<SECURITIES>                                         0
<RECEIVABLES>                                   53,892
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<CURRENT-ASSETS>                               149,139
<PP&E>                                          22,184
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<TOTAL-ASSETS>                                 575,525
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<BONDS>                                              0
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<OTHER-SE>                                   (211,993)
<TOTAL-LIABILITY-AND-EQUITY>                   575,525
<SALES>                                              0
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<CHANGES>                                            0
<NET-INCOME>                                 (722,591)
<EPS-BASIC>                                     (.137)
<EPS-DILUTED>                                        0


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

<ARTICLE>                                                        5
<MULTIPLIER>                                                 1,000
       
<S>                                <C>
<PERIOD-TYPE>                      12-MOS
<FISCAL-YEAR-END>                                      JUN-30-1997
<PERIOD-END>                                           JUN-30-1997
<CASH>                                                      18,707
<SECURITIES>                                                     0
<RECEIVABLES>                                              207,951
<ALLOWANCES>                                                     0
<INVENTORY>                                                 75,347
<CURRENT-ASSETS>                                           315,524
<PP&E>                                                     361,883
<DEPRECIATION>                                              85,433
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<CURRENT-LIABILITIES>                                      362,728
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<PREFERRED-MANDATORY>                                            0
<PREFERRED>                                                      0
<COMMON>                                                       317
<OTHER-SE>                                                 266,102
<TOTAL-LIABILITY-AND-EQUITY>                               877,153
<SALES>                                                    794,880
<TOTAL-REVENUES>                                           794,880
<CGS>                                                      631,283
<TOTAL-COSTS>                                              744,298
<OTHER-EXPENSES>                                             3,524
<LOSS-PROVISION>                                                 0
<INTEREST-EXPENSE>                                          24,460
<INCOME-PRETAX>                                             29,647
<INCOME-TAX>                                                14,800
<INCOME-CONTINUING>                                         14,847
<DISCONTINUED>                                                   0
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<CHANGES>                                                        0
<NET-INCOME>                                                14,847
<EPS-PRIMARY>                                                 0.47
<EPS-DILUTED>                                                    0
        

</TABLE>
Exhibit 10.6
FIRST AMENDMENT TO CREDIT AGREEMENT
     THISFIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) isentered into as of March 8,2005, by and between STERLING BANCSHARES, INC., a Texas corporation (“Borrower”), and WELLSFARGO BANK, NATIONAL ASSOCIATION (“Bank”).
RECITALS
     WHEREAS, Borrower and Bank have previously entered into that certain Credit Agreement betweenBorrower and Bank dated as of October 1, 2004, as amended from time to time (“Credit Agreement”).
     WHEREAS, Bank and Borrower have agreed to certain changes in the terms and conditions setforth in the Credit Agreement and have agreed to amend the Credit Agreement to reflect saidchanges.
     NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are herebyacknowledged, the parties hereto agree that the Credit Agreement shall be amended as follows:
     1.       Section 5.5 is hereby deleted in its entirety, and the following substituted therefor:
“SECTION 5.5.   DIVIDENDS, DISTRIBUTIONS    Declare or pay any dividend ordistribution either in cash, stock or any other property on Borrower’s stock now orhereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower’s stock now or hereafter outstanding; provided,however, that Borrower may take any of the foregoing actions including, withoutlimitation, the declaration and payment of dividends and the repurchase ofBorrower’s stock so long as the aggregate distributions or payments in any fiscalyear do not exceed ten percent of the equity capital of the Bank Subsidiary as shownin the Call Reports for the end of the prior fiscal year.”
     2.       Except as specifically provided herein, all terms and conditions of the Credit Agreement remainin full force and effect, without waiver or modification. All terms defined in the CreditAgreement shall have the same meaning when used in this Amendment. This Amendment and the CreditAgreement shall be read together, as one document.
     3.       Borrower hereby remakes all representations and warranties contained in the Credit Agreement andreaffirms all covenants set forth therein. Borrower further certifies that as of the date of thisAmendment 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 anysuch Event of Default.
**NOTICE: THIS DOCUMENT AND ALL OTHER DOCUMENTS RELATING TO THE INDEBTEDNESS CONSTITUTE A WRITTENLOAN AGREEMENT WHICH REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTEDBY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL**
-1-

 

**AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES RELATING TOTHE INDEBTEDNESS.**
     IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the dayand year first written above.       STERLING BANCSHARES, INC., WELLS FARGO BANK,      NATIONAL ASSOCIATION       By: /s/ Stephen C. Raffaele By: /s/ Michael W. Moses       Stephen C. Raffaele  Michael W. Moses Executive Vice President and
Exhibit
23.1

INDEPENDENT AUDITORS'
CONSENT

We consent to the incorporation by
reference in Registration Statement No. 333-90890 of Allied Healthcare
International Inc. on Form S-3 and Registration Statement No. 333-49387
of Allied Healthcare International Inc. on Form S-8 of our report dated
December  10, 2003 (April 8, 2004 as to Note 16), appearing in
this Annual Report on Form 10-K/A of Allied Healthcare International
Inc. for the year ended September  30,
2003.

/s/ Deloitte & Touche
LLP

Jericho, New YorkMay 13,
2004

---
**Exhibit 32.1**

**CERTIFICATIONOF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICERPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

I, Carlton H. Baab, certify, pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, thatthe Quarterly Report of Raining Data Corporation on Form 10-QSB for thequarterly period ended June 30, 2006 fully complies with the requirementsof Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and thatinformation contained in such Form 10-QSB fairly presents in all materialrespects the financial condition and results of operations of Raining DataCorporation.
|        | By:    | /s/ Carlton H. Baab                   |   |
|--------|--------|---------------------------------------|--------|
|   | Name:  | Carlton H. Baab                       |   |
|   | Title: | President and Chief Executive Officer |   |

I, Thomas Lim, certify,pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Reportof Raining Data Corporation on Form 10-QSB for the quarterly period endedJune 30, 2006 fully complies with the requirements of Section 13(a)or 15(d) of the Securities Exchange Act of 1934 and that information containedin such Form 10-QSB fairly presents in all material respects the financialcondition and results of operations of Raining Data Corporation.
|        | By:    | /s/ Thomas Lim          |   |
|--------|--------|-------------------------|--------|
|   | Name:  | Thomas Lim              |   |
|   | Title: | Chief Financial Officer |   |

 

----
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