alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from
the financial statements of Choices Entertainment Corporation and is qualified
in its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                         203,073
<SECURITIES>                                         0
<RECEIVABLES>                                   16,858
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               400,638
<PP&E>                                           4,034
<DEPRECIATION>                                     161
<TOTAL-ASSETS>                                 486,186
<CURRENT-LIABILITIES>                          652,482
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          1
<COMMON>                                       220,044
<OTHER-SE>                                   (386,341)
<TOTAL-LIABILITY-AND-EQUITY>                   486,186
<SALES>                                      2,115,622
<TOTAL-REVENUES>                             2,115,622
<CGS>                                          320,120
<TOTAL-COSTS>                                  320,120
<OTHER-EXPENSES>                             2,627,048
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              37,081
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (564,842)
<DISCONTINUED>                               (303,785)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   443,418
<EPS-PRIMARY>                                      .02
<EPS-DILUTED>                                      .02
        

</TABLE>
#### Shawn KIRTZ, Appellant v. Michael BARKLEY.

No. 09-1876.

United States Court of Appeals, Third Circuit.

Submitted under 28 U.S.C. § 1915(e)(2)(B) or for possible summary action

Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6 April 30, 2009.

Opinion filed: May 26, 2009.

Shawn Kirtz, Matthews, SC, pro se.

Before: BARRY, AMBRO and SMITH, Circuit Judges.

*52OPINION

PER CURIAM.

Pro se appellant Shawn Kirtz appeals from the dismissal of a lawsuit that he filed in the U.S. District Court for the Eastern District of Pennsylvania. In March 2009, Kirtz filed a one-paragraph complaint requesting an “emergency audit of [his] account [][t]o see if property in question power of attorney” was given to him. It appears that this cause of action is in some way tied to the complaint that Kirtz filed in the District Court in Civil Action 09-cv-00863. On March 19, 2009, the District Court dismissed the complaint, stating that it was “legally and factually unintelligible” and that “[Reasonable efforts to decipher the nature of the claims have failed to produce an understanding of the harm alleged or the relief sought.” The District Court’s dismissal order also noted that Kirtz had failed to include a statement of jurisdiction.

We have jurisdiction pursuant to 28 U.S.C. § 1291. Having. granted Kirtz leave to proceed in forma pauperis, we must now determine whether his appeal should be dismissed pursuant to 28 U.S.C. § 1915. *Neitzke v. Williams,*490 U.S. 319, 327, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989). Having reviewed Kirtz’s complaint, we agree with the District Court that his claims are legally and factually unintelligible, and that he has failed to present a cognizable cause of action. *See*Fed.R.Civ.P. 8; *Neitzke,*490 U.S. at 327 n. 6, 109 S.Ct. 1827. Furthermore, Kirtz failed to clarify his claims in his submissions to this Court, and we remain unable to understand the harm alleged or the relief sought.

Accordingly, because this appeal presents no arguable legal issue, we will dismiss it pursuant to 28 U.S.C.1915(e)(2)(B). We deny Kirtz’s motions for a jury trial and for an emergency audit of his account.
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. AP-76,472 & AP-76,473

EX PARTE SALVADOR MARTINEZ, Applicant

ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS

CAUSE NOS. 1074916 & 1074917 IN THE 184TH DISTRICT COURT

FROM HARRIS COUNTY

Per curiam.

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court these applications for a writ of habeas corpus. Ex

parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated

assault and evading arrest with a motor vehicle and sentenced to imprisonment for eighteen and ten

years, respectively. The First Court of Appeals affirmed his convictions. Martinez v. State, Nos. 01-

06-01164-CR & 01-06-01165-CR (Tex. App.–Houston [1st Dist.] delivered Oct. 2, 2008, no pet.).

Applicant contends that he was deprived of his right to file pro se petitions for discretionary

review. The trial court made findings of fact and conclusions of law and recommended that we grant
2

relief. We find, therefore, that Applicant is entitled to the opportunity to file out-of-time petitions

for discretionary review of the judgments of the First Court of Appeals in cause numbers 01-06-

01164-CR and 01-06-01165-CR that affirmed his convictions in case numbers 1074916 and 1074917

from the 184th District Court of Harris County. Applicant shall file his petitions for discretionary

review with the First Court of Appeals within 30 days of the date on which this Court’s mandate

issues.

Delivered: January 12, 2011

Do not publish
Exhibit 23.3


                      CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration  Statement
(Form  S-8  No.   33-52125)   pertaining  to  the  Ashland  Inc.   Deferred
Compensation  and Stock Incentive Plan for Non-Employee  Directors,  in the
Registration  Statement  (Form S-8 No.  2-95022)  pertaining to the Ashland
Inc.  Amended Stock Incentive Plan for Key Employees,  in the  Registration
Statement  (Form S-8 No. 33-7501)  pertaining to the Ashland Inc.  Employee
Savings  Plan,  in the  Registration  Statement  (Form  S-8  No.  33-26101)
pertaining  to  the  Ashland  Inc.   Long-Term   Incentive   Plan,  in  the
Registration  Statement (Form S-8 No.  33-55922)  pertaining to the Ashland
Inc. 1993 Stock Incentive Plan, in the Registration Statement (Form S-8 No.
33-49907) pertaining to the Ashland Inc. Leveraged Employee Stock Ownership
Plan, in the Registration  Statement (Form S-8 No. 33-62901)  pertaining to
the Ashland Inc. Deferred Compensation Plan, in the Registration  Statement
(Form  S-8  No.  333-33617)  pertaining  to the  Ashland  Inc.  1997  Stock
Incentive  Plan, in the  Registration  Statement  (Form S-3 No.  333-78675)
pertaining  to the  registration  of 68,925  shares of Ashland Inc.  Common
Stock,  and  in  the  Registration   Statement  (Form  S-3  No.  333-70657)
pertaining to $600,000,000 of Debt Securities,  Preferred Stock, Depository
Shares,  Common Stock and/or  Warrants of Ashland Inc., of our report dated
January 21, 2000, with respect to the consolidated  financial statements of
Arch Coal, Inc. as of December 31, 1999 and 1998, and for each of the three
years in the period ended December 31, 1999,  included in the Annual Report
on Form 10-K (as amended by Form  10-K/A,  Amendment  No.1) of Ashland Inc.
for the year ended September 30, 1999.

Our audits of the consolidated  financial  statements of Arch Coal, Inc. as
of  December  31,  1999 and 1998,  and for each of the  three  years in the
period ended December 31, 1999, also included the Arch Coal, Inc. financial
statement  schedule  included in the Annual Report on Form 10-K (as amended
by Form  10-K/A,  Amendment  No.  1) of  Ashland  Inc.  for the year  ended
September  30,  1999.  This  schedule is the  responsibility  of Arch Coal,
Inc.'s management. Our responsibility is to express an opinion based on our
audits. In our opinion,  the financial statement schedule,  when considered
in relation to the Arch Coal,  Inc. basic financial  statements  taken as a
whole,  presents fairly in all material  respects the information set forth
therein.



                                        /s/ Ernst & Young LLP

Louisville, Kentucky
March  14, 2000
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 Financial Report of NoFire Technologies Inc.,
on Form 10Q for the quarter ended 11/30/2008 as filed
with the Securities and Exchange Commission on the date hereof,
I, Sam Gottfried, Chief Executive Officer of the Company,
certify, pursuant to 18 U.S.C. 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1) The Form 10Q fully complies with the requirements of Section
13 (a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m or 78o (d)); and

(2) The information contained in the Form 10Q fairly presents,
in all material respects, the financial condition and results of
operations of the Company.



Dated January 20,2009
Name /s/ Sam Gottfried (CEO)


A signed original of this written statement required by Section 906,
or other document authenticating, acknowledging, or otherwise adopting
the signature that  appears in typed form within the electronic
version of this written  statement required by Section 906, has been
provided to NoFire Technologies, Inc. and will be retained by NoFire
Technologies, Inc. and furnished to the Securities and Exchange Commission
or its staff upon request.







Exhibit 32-2
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 Financial Report of NoFire Technologies Inc.,
on Form 10Q for the quarter ended 11/30/2008 as filed
with the Securities and Exchange Commission on the date hereof,
I, Sam Oolie, Chief Financial Officer of the Company,
certify, pursuant to 18 U.S.C. 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1) The Form 10Q fully complies with the requirements of Section
13 (a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m or 78o (d)); and


(2) The information contained in the Form 10Q fairly presents,
in all material respects, the financial condition and results of
operations of the Company.



Dated: January 20,2009

Name /s/ Sam Oolie (CFO)


A signed original of this written statement required by Section 906,
or other document authenticating, acknowledging, or otherwise adopting
the signature that  appears in typed form within the electronic
version of this written  statement required by Section 906, has been
provided to NoFire Technologies, Inc. and will be retained by NoFire
Technologies, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.
#### Xiao ZUO, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 06-1403.

United States Court of Appeals, Fourth Circuit.

Submitted: Sept. 27, 2006.

Decided: Nov. 1, 2006.

Howard T. Mei, Law Offices of Howard T. Mei, Bethesda, Maryland, for Petitioner. Peter D. Keisler, Assistant Attorney General, Carol Federighi, Senior Litigation Counsel, Lindsay L. Chichester, Office of Immigration Litigation, Washington, D.C., for Respondent.

Before MICHAEL, KING, and TRAXLER, Circuit Judges.

Petition denied by unpublished PER CURIAM opinion.

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

PER CURIAM:

Xiao Zuo, a native and citizen of China, petitions for review of an order of the Board of Immigration Appeals affirming the Immigration Judge’s denial of her applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT).*

To obtain reversal of a determination denying eligibility for relief, an alien “must show that the evidence he presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.” *INS v. Elias-Zacarias,*502 U.S. 478, 483-84, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). We have reviewed the evidence of record and conclude that Zuo fails to show that the evidence compels a contrary result.

Accordingly, we deny the petition for review. 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.

*PETITION DENIED.*

*

As Zuo fails in her opening brief to set forth any argument concerning the denial of withholding of removal and CAT relief, we find that those claims have been abandoned on appeal. *See Edwards v. City of Goldsboro,*178 F.3d 231, 241 n. 6 (4th Cir.1999).
**Exhibit 10.12**

 
|  | memorandumfrom Jeffrey R. Cramer  President & CEO |
|--|-------------------------------------------------------|
|  |                                                  |

 

 
| **Date**    |   | November 12,  2002                                 |
|-------------|--------|----------------------------------------------------|
|        |   |                                               |
| **To**      |   | Edward P.  Smoot                                   |
|        |   |                                               |
| **cc**      |   | David Orr,  Chairman of the Compensation Committee |
|        |   |                                               |
| **Subject** |   | Part-Time  Employment Agreement                    |

 

 

As approved by the Compensation Committee of the Board of Directors,you will be a part-time employee of Anacomp, Inc. for fiscal year 2003.  You have agreed to work ten (10) hours perpay period and be paid $1923.06 bi-weekly ($50,000.00 per year).  You will work on special projects assignedby the President and Chief Executive Officer, including matters such as:acquisitions and divestures, banking and investor issues.  In the event that you work in excess of ten(10) hours in a pay period, you will be paid at an hourly rate commensuratewith your bi-weekly pay.  You will notbe eligible for vacation accrual, holiday pay or any other employeebenefits.  You will be subject to allpolicies contained in Anacomp’s Employee Handbook.

 

This letter agreement may only be modified by mutual written agreementbetween the Compensation Committee of the Board of Directors and yourself.  This letter agreement shall be governed bythe laws of the State of California, without regard to its conflict of laws.

 

Please sign below to indicate your acceptance of the terms andconditions of this letter agreement.

 

 
|   | Best  regards,         |
|--------|------------------------|
|   |                   |
|   |                   |
|   | /s/ Jeffrey  R. Cramer |   |
|   | Jeffrey R.  Cramer     |   |
|   | President  and CEO     |

 

AGREED TO ANDACCEPTED:

 
| **Reply** | (858)  848-5701 | Fax:  (858) 679-8359 | E-mail: jcramer@anacomp.com |
|-----------|-----------------|---------------------------|-----------------------------|

 

----

 
|   | /s/ Edward P. Smoot |   | Nov 12, 02 |   |
|--------|---------------------|--------|------------|--------|
|   | Edward P.  Smoot    |   | Date       |

 

2

----
#### Raymond N. HEISELMOYER v. PENNSYLVANIA RAILROAD COMPANY.

Civ. No. 14446.

United States District Court, E. D. Pennsylvania.

Dec. 30, 1954.

*89Richter, Lord & Farage, Philadelphia, Pa., for plaintiff.

Barnes, Dechert, Price, Myers & Rhoads, Philadelphia, Pa., for defendant.

GANEY, District Judge.

This is a motion by counsel for the plaintiff under Rule 34, 28 U.S.C., for the production of statements of witnesses whose depositions have been taken.

The basic problem involved here revolves around Hickman v. Taylor, 329 U.S. 495, 67 S.Ct. 385, 91 L.Ed. 451; Alltmont v. United States, 3 Cir., 177 F.2d 971 and the many cases too numerous to mention following the principles therein adverted to.

Plaintiff, in support of his motion, relies largely upon Reynolds v. United States, 3 Cir., 192 F.2d 987, 991 and Morrone v. Southern Pac. Co., D.C., 7 F.R.D. 214. In the former case the statement was allowed largely because the Appellate Court agreed with the District Court’s finding that the “statements and the report of the board’s investigation undoubtedly contain facts, information and clues which it might be extremely difficult, if not impossible, for the plaintiffs with their lack of technical resources to obtain merely by taking the depositions of the survivors”.

In the latter case the court held that signed statements must be produced for inspection upon a showing of good cause, such as impossibility or difficulty of access to witnesses or their refusal to respond to requests for information and the need for such statements for impeachment purposes.

While the plaintiff is entitled to have first-hand information as to every relevant fact in order to properly conduct its examination of witnesses and reach the truth in the preparation of its case for trial, a careful reading of the depositions taken herein, especially that of William B. Dempsey, I am convinced, shows that the whole aura surrounding their taking, mocked the orderly process of a fair hearing and thus precluded any showing of good cause.

Accordingly, in view of the record as here presented, it is the court’s opinion that good cause has not been shown, and the plaintiff’s motion is denied.
<PAGE>
 
                                                                    Exhibit 10.4
                                                                    ------------

                                Amendment No. 3
                                    to the
                         1991 Stock Incentive Plan of
                                 AMETEK, Inc.

          WHEREAS, AMETEK, Inc. (the "Corporation") has adopted the 1991 Stock
Incentive Plan of AMETEK, Inc. (the "Plan"); and

          WHEREAS, Section 19 of the Plan permits the Corporation to amend the
Plan; and

          WHEREAS, the Corporation now desires to amend the Plan in certain
respects;

          NOW THEREFORE, the Plan is hereby amended as follows:
          follows:

          NOW THEREFORE, the Plan is hereby amended as follows:

          1.  The first sentence of Section 13 of the Plan is amended to read,
in its entirety, as follows:

          "If a holder of an Option and/or Rights shall voluntarily or
involuntarily leave the employ of the Corporation and its Affiliates, the Option
and Rights of such holder shall terminate forthwith, except that the holder
shall have until the expiration of 3 months (3 business days in the case of
Incentive Stock Options granted before November 20, 1996)from the cessation of
the holder's employment with the Corporation and its Affiliates (without 
<PAGE>
 
regard to any period of severance) to exercise any unexercised Option and/or
Rights the holder could have exercised on the day on which he left the employ of
the Corporation and Affiliates."

          2.  The provisions of this Amendment No. 3 shall be effective for
terminations occurring on and after November 20, 1996.

          IN WITNESS WHEREOF, AMETEK has caused these presents to be executed,
in its corporate name, by its duly authorized officer, and its corporate seal to
be affixed on this 12th day of December, 1996.

                                      AMETEK, Inc.

                                      By:/s/ Robert W. Yannarell
                                         -----------------------
                                         Robert W. Yannarell

Attest:

/s/ Donna F. Winquist
------------------------   
Donna F. Winquist
(Seal)
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.                  

###### Department of Health and Human Services

###### National Institutes of Health

                    Notice is hereby given of a change in the meeting of the National Cancer Advisory Board, June 11-12, 2009, 8 a.m. to 12 p.m., National Institutes of Health, Building 31, 31 Center Drive, Bethesda, MD 20892, which was published in the                     **Federal Register**                     on May 14, 2009, 74 FR 22753.                

This notice is amended to change the times of the open session on June 11, 2009 to 8:30 a.m. to 3:30 p.m. and the closed session to 3:30 p.m. to 5 p.m. Additionally, the open session on June 12, 2009 has been cancelled.

Dated: May 28, 2009.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. E9-13274 Filed 6-5-09; 8:45 am]

BILLING CODE 4140-01-P
<TABLE> <S> <C>

  <ARTICLE>                                 5
  <CIK>                                     0000821616
  <NAME>                                    BENTLEY PHARMACEUTICALS INC.
  <MULTIPLIER>                              1,000
         
  <S>                                       <C>
  <PERIOD-TYPE>                             3-MOS
  <FISCAL-YEAR-END>                         DEC-31-1999
  <PERIOD-END>                              MAR-31-1999
  <CASH>                                      5,419
  <SECURITIES>                                    0
  <RECEIVABLES>                               3,472
  <ALLOWANCES>                                  (24)
  <INVENTORY>                                 1,087
  <CURRENT-ASSETS>                           10,611
  <PP&E>                                      5,095
  <DEPRECIATION>                             (1,534)
  <TOTAL-ASSETS>                             20,618
  <CURRENT-LIABILITIES>                       5,632
  <BONDS>                                     5,434
  <COMMON>                                      168
  <PREFERRED-MANDATORY>                           0
  <PREFERRED>                                     0
  <OTHER-SE>                                  8,097
  <TOTAL-LIABILITY-AND-EQUITY>               20,618
  <SALES>                                     4,358
  <TOTAL-REVENUES>                            4,426
  <CGS>                                       2,015
  <TOTAL-COSTS>                               4,597
  <OTHER-EXPENSES>                               (2)
  <LOSS-PROVISION>                                0
  <INTEREST-EXPENSE>                            278
  <INCOME-PRETAX>                              (447)
  <INCOME-TAX>                                  100
  <INCOME-CONTINUING>                          (547)
  <DISCONTINUED>                                  0
  <EXTRAORDINARY>                                 0
  <CHANGES>                                       0
  <NET-INCOME>                                 (547)
  <EPS-PRIMARY>                                (.06)
  <EPS-DILUTED>                                (.06)
          
  
</TABLE>