alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv10w8



 




Exhibit
10.8









	 	 	 
	PRIVATE & CONFIDENTIAL

	 	
	 

	 	Level 6 Sims Group House

41 McLaren Street North Sydney NSW 2060 Australia
	12 November 2007
	 	 
	 

	 	GPO Box 4155 Sydney NSW 2001

Phone 612 9956 9100 Facsimile 612 9954 9680

www.sims-group.com

	Mr Ross Cunningham 

Sims Group Limited 

6/41 McLaren Street

NORTH SYDNEY NSW 2060

	 	Sims Group Limited ABN 37 008 634 526







Dear Ross,



The purpose of this letter is to set out the currently proposed post-Metal Management arrangement
which will apply to you assuming completion. Nothing in this letter is intended to replace the
conditions which apply to your employment under the letter dated 6 February 2001, and that letter
will continue to have full contractual force.




	1.	 	Effective on Closing of the Sims Metal Management transaction, you will retain your position
as an ‘Executive Director’ of Sims Group Limited, reporting to Jeremy Sutcliffe.






	2.	 	In that position your principal responsibilities during calendar 2008, will be to assist in
the post closure merger integration implementation with particular focus on:






	 	•	 	assisting the new Group CFO to transition agreed finance and administration
functions from Sydney to Chicago/New York;
	 
	 	•	 	ensuring an agreed adequate structure remains in place in Sydney for the F08 audit
and ongoing ASX, treasury and banking purposes (and recommending/appointing appropriate
agreed personnel);
	 
	 	•	 	implementing and progressing the divestiture process for any agreed divesture of
assets currently within your reporting responsibility area — ARA, TyreCycle,
Manufacturing and LMS;
	 
	 	•	 	reviewing, and if agreed appropriate, overseeing the transition of the CME back
office functions to Hong Kong or an alternate agreed location;
	 
	 	•	 	ensuring the Fiscal 08 audit is appropriately managed/completed.






	 	 	 	These responsibilities, together with your contribution to the successful completion of the
MM transaction, would constitute the basis of your F08 personal priorities for STI purposes.




1









 











	3.	 	Your remuneration package (‘Package’) for F08 will be as per your most recent review. Your
Package will be increased by 4.5% on 1 July 2008.






	4.	 	Subject to shareholder approval, you will receive, effective 1 July 2007, a grant of three
tranches of LTI Performance Rights/cash entitlements. In the event that your position is made
redundant under the terms of the Company LTI Scheme, you would qualify for vesting of these
three tranches, as/when the retention performance hurdles are met, notwithstanding that your
employment may cease prior to those performance hurdles being met. Any further grants will be
at the discretion of the Board.






	5.	 	You will also be entitled to pro rata STI, based on any partial period of employment in the
F08 and F09 bonus years.





I look forward to working with you to make the acquisition a great success for the Sims Group.



Yours sincerely,




/s/ Paul Mazoudier

Paul Mazoudier

Chairman

Sims Group





2
NOT RECOMMENDED F OR F ULL-TEXT PUBLICATION F ile Nam e: 11a0647n.06 No. 09-2212 UNITED STAT ES COURT OF AP P EALS F OR THE S IXTH CIRCUIT
UNI TED STATES OF AMERI CA, P laintif f-App ellee,
v. J OHN TY L ER McKI

NNEY, SR., Defendan t-Appellant. ) ) ) ) ) ) ) ) ) ON AP P EAL FROM THE UNI TED STATES DI STRI CT COU R T FOR THE EASTERN DI STRI CT OF MI CHI GAN
O P I N I O N

BEFORE: NORRIS, GIBBONS, an d GRIF F IN, Circ uit Jud ges.
P ER CURIAM . Def

endant J ohn McKinney , Sr., pleade d g uilty to one count of distributing five or more g rams of coca ine base in violation of 21 U.S.C. § 841(a)
. His plea ag ree ment prese rved his r ight to a

ppeal a penalty enhanc ement that he rec eived for a prior felony drug offe nse. He also contends that the Fa ir Sentencing Act of 2010 (“F SA”), Pub. L
. No. 111-220, 124 Stat. 2372 (Aug
. 3, 2010), should be applied r etroa ctively to his sentence. The panel has had the opportunity to consider the arguments advanc ed by the parties and to conduct our own independe nt revie w of the rec ord on appea l. I n this case , the district court enter ed
an Orde r on April 29, 2009, which explains in detail why defe ndant’s prior conviction in Michig an state court for possession of dihydrocode inone qualifies as a prior “fe lony drug offe nse” under 21 U.S.C. § 841(b)( 1)(B ). We ag ree with the rea soning of the district court a

nd aff irm on that basis. Wit h respe ct to the second issue raised by defe ndant, a prior panel of this court has decide d that the FSA does not apply retroa ctively to case s on direc t appea l. United States v. Carradine , 621No. 09-2212

United States v. Mc

Kinney F. 3 d 575 (6th Cir. 2010). A panel of this court cannot overr ule a published decision of another p an el. Salmi v. Sec’

y of Health & Human Servs. , 774 F.2d 685, 689 (6th Cir. 1985 ). De fe n d an t
rec og nizes that Carradine is controlling authority but r aises the issue to pr eser ve it f or possible e n banc r eview, w hich he is entitled to pursue. The judg ment of the district cour t is aff irm ed
.

- 2 -
**Does Wildfire Kill Wildlife?**

*Prepared by NIFC External Affairs*

The short answer is “yes, at times.”

The more nuanced answer is, “But not as often as most people think.”

Researcher Pat Kennedy, working with NIFC’s Joint Fire Science Program, conducted a synthesis of existing studies on the question.  The entire document can be found at     http://www.firescience.gov/projects/07-S-10/project/07-S-10_07_s_10_fire_effects_wildlife_dry_forests.pdf

Some conclusions from Kennedy’s work:

· “While some animals invariably are killed by the flaming front, observations made in the vicinity of advancing fire fronts across many ecosystems and continents present a different picture.  **Large, mobile mammals such as ungulates and adult birds are capable of moving quickly to unburned (refuges) through fire breaks to relatively safe, unburned ground ...”**

· “There are also reports of many smaller, less mobile organisms (e.g., small reptiles and frogs) seeking out and surviving in burrows and crevices.”

· “In addition, demographic estimates associated with fire rarely separate direct mortality from indirect mortality (i.e., mortality due to habitat modification ...); so it is not clear whether wildfire per se is a serious cause of mortality in wildlife.  **But current information suggests fire in general has little direct effect on most wildlife species.”**
# SMS Assessment and Mitigation

SMS Assessment and Mitigation	

Use additional sheets if necessary	HJA-6  4/2009  Optional

# Risk Assessment Matrix

# Sheet1
### Michigan Supreme Court Lansing, Michigan

Marilyn Kelly,
Chief Justice

Michael F. Cavanag h

Elizabeth A. Weave r

Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markma n Diane M. Hathaway,

J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk January 27, 2010

s0120 

# Order

January 27, 2010

139615

STEVEN J. HUTCHISON, Plaintiff-Appellant,

v SC: 139615 COA: 284259 Muskegon CC: 05-030607-DO DEBORAH M. HUTCHISON, Defendant-Appellee.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the July 28, 2009 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.
#### Samuel Damon HAILEY, President and CEO, Arabic Numbers, Incorporated, Plaintiff-Appellant, v. Don GORE; R. Sutter; P. Tanner; Troy Spivey; Jose Demeglic; Michael E. Suggs; Donna Elder; Q. Tucker, Defendants-Appellees.

No. 06-1664.

United States Court of Appeals, Fourth Circuit.

Submitted: Oct. 31, 2006.

Decided: Nov. 2, 2006.

Samuel Damon Hailey, Appellant Pro Se.

Before WILLIAMS, MICHAEL, and GREGORY, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

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

PER CURIAM:

Samuel Damon Hailey seeks to appeal the district court’s order denying relief on his 42 U.S.C. § 1983 (2000) complaint. The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2000). The magistrate judge recommended that relief be denied and advised Hailey that failure to file timely specific objections to this recommendation could waive appellate review of a district court order based upon the recommendation. Despite this warning, Hailey failed to file specific objections to the magistrate judge’s recommendation.

The timely filing of specific objections to a magistrate judge’s recommendation is necessary to preserve appellate review of the substance of that recommendation when the parties have been warned of the consequences of noncompliance. *Wright v. Collins,*766 F.2d 841, 845-46 (4th Cir. 1985); *see also Thomas v. Arn,*474 U.S. 140, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Hailey has waived appellate review by failing to timely file specific objections after receiving proper notice. Accordingly, we deny leave to proceed in forma pauperis and dismiss the appeal. We dispense with *177oral 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.*
>

; 4 5 | 6 1 &
AUX-FM
To Aircraft Radio § ——] Connector
Audio System Interface A] Aircraft ground
PTT 5 B| PTT low > isolated
_ S c| PTThigh contacts
Audio low D| Audio low
(_} Audio hi () E | Audio high
Mic low F | Mic low
( } Mic high | G | Michigh
_ J-1

Parts for the AUX-FM Radio Interface

J-1: MS3112E12-10S (mates with MS3116F12-10P)
J-2: UG-492B/U female bulkhead BNC
VHF-FM Antenna: COMANT Cl 177-1 or equivalent

Radio Interface: AEM AA34-200, Jupiter Avionics JA34-001 or

d-] VHF-FM Antenna

J-2

FS/OAS drawings are available at:

equivalent www.nifc.gov/NIICD/documents.html
RevNo| Revision note Checked I National Interagency Fire Center (NIFC) Avionics (208) 387-5648
E Corrected contract version mic high/mic low pin swap. BC Designed by Checked by Approved by - date Filename Date Scale
FE Clarify PTT operation, add E.Koenig as designer and add J-1 mate BC EKOENIG B.CRAMPTON 100016 2/02/2017 NONE
G__| Updated drawing, parts and contact number Group U.S. AUX-FM RADIO INTERFACE
FOREST SERVICE FS/OAS A-17 Reyjsion] sheet
7 2 I LTT I LJ 6 7 T 8
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 893 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  1st Session
                                 S. 893

_______________________________________________________________________

                                 AN ACT

 
 To make technical corrections in the Anabolic Steroid Control Act of 
                                 2004.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TECHNICAL CORRECTIONS.

    Section 102(41)(A) of the Controlled Substances Act (21 U.S.C. 
802(41)(A)), as amended by the Anabolic Steroid Control Act of 2004 
(Public law 108-358), is amended by--
            (1) striking clause (xvii) and inserting the following:
            ``(xvii) 13b-ethyl-17b-hydroxygon-4-en-3-one;''; and
            (2) striking clause (xliv) and inserting the following:
            ``(xliv) stanozolol (17a-methyl-17b-hydroxy-[5a]-androst-2-
        eno[3,2-c]-pyrazole);''.

            Passed the Senate April 25, 2005.

            Attest:

                                                             Secretary.
109th CONGRESS

  1st Session

                                 S. 893

_______________________________________________________________________

                                 AN ACT

 To make technical corrections in the Anabolic Steroid Control Act of 
                                 2004.
```
-  Home 
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        -  Staff Directory 
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        -  Office of Financial Management & Analysis 

Executive Office
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Go to Staff Directory home

# Office of Financial Management & Analysis

Select staff are listed in alphabetical order by last name. Read a description of the Office of Financial Management & Analysis.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM PIMCO
ADVISORS L.P. AND SUBSIDIARIES CONSOLIDATED FINANCIAL STATEMENTS AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                          33,172
<SECURITIES>                                    24,935
<RECEIVABLES>                                   81,617
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               144,187
<PP&E>                                          10,801 <F1>
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 365,728
<CURRENT-LIABILITIES>                           77,273
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       278,976 <F2>
<OTHER-SE>                                     (7,087) <F3>
<TOTAL-LIABILITY-AND-EQUITY>                   365,728
<SALES>                                              0 <F4>
<TOTAL-REVENUES>                               344,210 <F5>
<CGS>                                                0 <F4>
<TOTAL-COSTS>                                  236,565 <F6>
<OTHER-EXPENSES>                                27,007 <F7>
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 83,887
<INCOME-TAX>                                     1,226
<INCOME-CONTINUING>                             82,661
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    82,661
<EPS-PRIMARY>                                     1.06 <F8>
<EPS-DILUTED>                                     1.06 <F9>
        
<FN>
<F1> Net of accumulated depreciation and amortization.
<F2> Entity is a partnership.  Amount shown represents Partners' Capital.
<F3> Amount shown comprises Unamortized Compensation.
<F4> The partnership is in the service business and has no sales or cost of
     goods sold of tangible products.
<F5> Amount shown comprises revenues from services.
<F6> Amount shown comprises costs of services.
<F7> Amount shown is from amortization of intangible assets.
<F8> Amount shown is for the Partnership's General Partner and Class A Limited
     Partner Units.
<F9> Amount is for the Partnership's Class B Limited Partner Units.
</FN>

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

<PAGE>
 
    <ARTICLE> 5
    <LEGEND>
    THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM PIMCO
ADVISORS L.P. AND SUBSIDIARIES CONSOLIDATED FINANCIAL STATEMENTS AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
    </LEGEND>
    <MULTIPLIER>    1,000
           
    <S>                       <C>
    <PERIOD-TYPE>             9-MOS
    <FISCAL-YEAR-END>                          DEC-31-1995
    <PERIOD-START>                             JAN-01-1995
    <PERIOD-END>                               SEP-30-1995
    <CASH>                              47,779
    <SECURITIES>                        10,827
    <RECEIVABLES>                       52,265
    <ALLOWANCES>                             0
    <INVENTORY>                              0
    <CURRENT-ASSETS>                   115,531
    <PP&E>                              10,225   <F1>
    <DEPRECIATION>                           0
    <TOTAL-ASSETS>                     384,266
    <CURRENT-LIABILITIES>               49,689
    <BONDS>                                  0
    <COMMON>                           350,336   <F2>
    <PREFERRED-MANDATORY>                    0
    <PREFERRED>                              0
    <OTHER-SE>                        (16,256)   <F3>
    <TOTAL-LIABILITY-AND-EQUITY>       384,266
    <SALES>                                  0   <F4>
    <TOTAL-REVENUES>                   229,786   <F5>
    <CGS>                                    0   <F4>
    <TOTAL-COSTS>                      160,694   <F6>
    <OTHER-EXPENSES>                    27,007   <F7>
    <LOSS-PROVISION>                         0
    <INTEREST-EXPENSE>                       0
    <INCOME-PRETAX>                     44,895
    <INCOME-TAX>                           505
    <INCOME-CONTINUING>                 44,390
    <DISCONTINUED>                           0
    <EXTRAORDINARY>                          0
    <CHANGES>                                0
    <NET-INCOME>                        44,390
    <EPS-PRIMARY>                          .81   <F8>
    <EPS-DILUTED>                          .31   <F9>
            


    <FN>
    <F1> Net of accumulated depreciation and amortization.
    <F2> Entity is a partnership. Amount shown represents Partners' Capital.
    <F3> Amount shown comprises Unamortized Compensation.
    <F4> The partnership is in the service business and has no sales or cost of
    goods sold of tangible products.
    <F5> Amount shown comprises revenues from services.
    <F6> Amount shown comprises costs of services.
    <F7> Amount shown is from amortization of intangible assets.
    <F8> Amount shown is for the Partnership's General Partner and Class A
    Limited Partner Units.
    <F9> Amount is for the Partnership's Class B Limited Partner Units.
    </FN>

</TABLE>
California Penal Code 409.5(d)

Nothing shall prevent a duly authorized representative of any news service, newspaper, or radio or television station or network from entering the areas closed pursuant to this section.   Exception is crime scenes or can interfere with incident operations

Only California and New Jersey have laws which all unlimited access to legitimate press to emergency areas.  Journalists do not have general right to access private property.  Consent is between the journalists and persons having control of the property; not the public safety agency.

The California Penal Code allows media to scenes of disaster, riot, or civil disturbance, but NOT TO CRIME SCENES.  However, this statement does not imply that the news media can interfere with incident operations.  If entering a location is hazardous, they should be advised; media access can not be prevented for safety reasons unless their presence would impede by blocking the entrances and exists or disturbing evidence.
Exhibit 99.1



CERTIFICATION OF PRINCIPAL EXECUTIVE, ACCOUNTING AND FINANCIAL OFFICER PURSUANT
TO 18 U.S.C. SECTION 1350

In connection with the Quarterly Report of The Tirex Corporation (the "Company")
on Form 10-QSB for the period ended December 31, 2002, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, John L.
Threshie Jr., President of the Company, hereby 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/ JOHN L. THRESHIE JR.
------------------------
John L. Threshie Jr.
President
February 12, 2003

                                       25
Order entered October 3 1 , 2013

In The



## Court of Appeals

**Fifth District of Texas at Dallas**

No. 05

- 13

- 00658

- CV

JAY SANDON COOPER, Appellant

V.

THE BANK OF NEW YORK MELLON TRUST CO., Appellee

On Appeal from the 95th Judicial District Court

Dallas Coun ty, Texas

Trial Court Cause No. 09

- 06869



### O RDER

We GRANT appellant’s October 28, 2013 unopposed motion for an extension of time to

file a brief. Appellant shall file his brief on or before November 27, 2013.

/s/ ELIZABETH LANG

- MIERS

JUSTICE
#### In the Matter of Cain Keel L. and Another, Infants. Derzerina L., Appellant; The New York Foundling Hospital, Respondent.

Submitted January 31, 2011;

decided March 29, 2011

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution. Motion for poor person relief dismissed as academic.
1 Local Rule 47.5 provides: "The publication of

opinions that have no precedential value and merely decide

particular cases on the basis of well-settled principles of law

imposes needless expense on the public and burdens on the legal

profession." Pursuant to that Rule, the Court has determined

that this opinion should not be published.

UNITED STATES COURT OF APPEALS

For the Fifth Circuit

___________________________

No. 95-10289 

Summary Calendar

___________________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

VERSUS

NOEL R. SCHMITZ,

Defendant-Appellant.

___________________________________________________

Appeal from the United States District Court

For the Northern District of Texas

(3:94-CR-00389)

____________________________________________________

December 20, 1995

Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.

PER CURIAM:1

In this direct criminal appeal defendant Schmitz argues that

the district court erred in imposing a $2,000 fine for two reasons:

(1) he has no ability to pay the fine; (2) the court imposed a cost

of incarceration fine without first imposing a punitive fine.

United States v. Fair, 979 F.2d 1037 (5th Cir. 1992). Schmitz is

young, in good health and has a high school education. For the

past two years he worked as a warehouse supervisor earning $1,800
2

per month. He, has ample future earning capacity to justify

imposition of this fine. United States v. O'Banion, 943 F.2d 1422

5th Cir. 1991).

Our review of the record reveals that the defendant made no

contemporaneous objection to the fine on grounds that it represents

a cost of incarceration fine and no punitive fine had been imposed.

This fine was fair and reasonable and does not result in manifest

injustice. The district court did not commit plain error in

imposing this fine. We therefore affirm the district court's

sentence.

AFFIRMED.