alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Mary L. Kessler, Petitioner, v Scott M. Fancher, Respondent. Scott A. Otis, Attorney for the Children, Appellant.

(Appeal No. 5.)

[976 NYS2d 909]

Appeal from an order of the Family Court, Jefferson County (Peter A. Schwerzmann, A.J.), entered September 11, 2012 in a proceeding pursu*1325ant to Family Court Act article 8. The order dismissed the petition for an order of protection.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in *Matter of Kessler v Fancher*(112 AD3d 1323 [2013]). Present — Scudder, P.J., Centra, Bindley, Sconiers and Valentino, JJ.
<PAGE>   1
                                                                   Exhibit 10.28


February 10, 1997

Mr. Everett F. "Jeff" Jefferson
2055 Empire Mine Circle
Gold River, CA  95670

Dear Jeff:

Fresh Choice, Inc. (the "Company") has previously been asked by the SEC to make
additional disclosures regarding the form of employment letter we utilized in
providing you your employment letter dated January 30, 1997 (the "Offer
Letter"). In order to clarify certain terms and rights set forth in the Offer
Letter, we agree to the following amendments to the Offer Letter:

1. Paragraph 11 of the Offer Letter is hereby amended to read in its entirety as
follows: "Upon the closing of a "change in control" event of the Company, your
outstanding options will immediately become fully vested and exercisable. If,
within 6 months of such "change in control" event, your employment is terminated
by the acquiring company or your job has changed and you voluntarily terminate
your employment, you shall be entitled to receive the severance benefits
described in Paragraph 11 of the Offer Letter. For purposes of this Offer
Letter, as amended, "change in control" shall mean an ownership change in which
the stockholders of the company before such ownership change do not retain,
directly or indirectly, at least a majority of the beneficial interest in the
voting stock of the company after the ownership change."

2. The following new Paragraph 15 shall be added: "In the event of any dispute,
claim or controversy arising out of or in any way related to this Offer Letter,
the interpretation of this Offer Letter or the alleged breach thereof, such
dispute, claim or controversy shall be submitted by the parties to binding
arbitration provided by the American Arbitration Association in Santa Clara
County, California.


                                       55
<PAGE>   2
Everette E. Jefferson
February 10, 1997
Page 2



You do have the right to have the change reviewed by your own counsel before you
agree to the above terms. Please contact me if you have any questions about this
clarification.

Sincerely,

/s/ Charles A. Lynch
Charles A. Lynch
Chairman


                              Accepted and agreed:


                              /s/ Everett F. Jefferson
                              ----------------------------------
                              Everett F. Jefferson


                                       56
Page 1 of 1

Consultation Agenda

San Diego Convention Center

Room 28

111 W Harbor Dr.

San Diego, CA 92101

April 13, 2017

8:30 am - 12:30 pm

I. Welcome and Opening prayer/Blessing.

II. Introduction of Commission and brief statements.

III. Introduction of NIGC Staff and Tribal leadership and representatives.

IV. Discuss format for the consultation

o Questions/comments will be taken after each topic presentation.

V. Opening statements/comments for those who cannot stay for the entire consultation.

VI. Housekeeping items

o Scheduled to go from 8:30 am to 12:30 pm – however may end early if all topics 

covered and there is no tribal comments

o Meeting will be transcribed, when speaking please state name/organization and 

designees from your tribal governments – not open to the public or media.

VII. Topic order

1. Rural Outreach

2. Developing a Strong Tribal Workforce through Training

3. Management Contract Regulations and Procedures

4. Technical Standards for Mobile Gaming Devices

5. Fees

6. Proposed draft voluntary guidance for non-binding Class III minimum internal 

control standards (MICS) as follow up from Tribal comments from the 2015-16 

consultation.

VIII. Time period for written comments has not yet been finalized, but will likely end on or 

about July 1, 2017, at least 30 business days after the Northwest area consultation.
Document

Exhibit 10.1.1

SUPPLEMENT TO SUBSIDIARY GUARANTY
Reference is hereby made to the Amended and Restated Subsidiary Guaranty (as the same may be amended, restated, supplemented or otherwise modified from time to time, the “Guaranty”) made as of January 2, 2020, by each of the Material Domestic Subsidiaries of Arcosa, Inc., a Delaware corporation (the “Borrower”) listed on the signature pages thereto (each, an “Initial Guarantor” and together with any additional Subsidiaries of the Borrower, which become parties thereto and together with the undersigned, the “Guarantors”) in favor of the Administrative Agent, for the ratable benefit of the Holders of Guaranteed Obligations, under the Credit Agreement.  Capitalized terms used herein and not defined herein shall have the meanings given to them in the Guaranty.  By its execution below, the undersigned Arcosa Aggregates Texas, LLC, a Delaware limited liability company (the “New Guarantor”), agrees to become, and does hereby become, a Guarantor under the Guaranty and agrees to be bound by such Guaranty as if originally a party thereto.  By its execution below, the undersigned represents and warrants as to itself that all of the representations and warranties contained in Section 2 of the Guaranty are true and correct in all respects as of the date hereof.
IN WITNESS WHEREOF, New Guarantor has executed and delivered this Annex I counterpart to the Guaranty as of this 8th day of April, 2022.
ARCOSA AGGREGATES TEXAS, LLC 


						
	By: /s/ Gail M. Peck

	

	Name: Gail M. Peck
Title:   Vice President
EXHIBIT - 99.2
                                 --------------





REALMARK PROPERTY INVESTORS LIMITED PARTNERSHIP - VIA 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 Quarterly Report of Realmark Property Investors
Limited Partnership - VIA (the "Partnership") on Form 10-Q for the period ending
September 30, 2002 as filed with the Securities and Exchange Commission on the
date hereof (the "Report"), I, Joseph M. Jayson, Individual General Partner and
Principal Financial Officer, 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:

         (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 result of the operations of the
Partnership.


          November 14, 2002               /s/ Joseph M. Jayson
          -----------------               --------------------
                Date                      Joseph M. Jayson,
                                          Individual General Partner and
                                          Principal Financial Officer
Exhibit 32

                    ADVANCED FINANCIAL INC. AND SUBSIDIARIES




          Section 906 Certification of Principal Executive Officer and
                            Chief Executive Officer

     I, Charles A. Holtgraves, Chief Executive officer (Principal Executive
Officer and Chief Financial Officer), certify that this quarterly report on Form
10-QSB for the quarterly period ended (June 30,2003) fully complies with the
requirements of Section 13(a) of 15(d) of the Securities Exchange Act of 1934,
and that the information contained herein fairly presents, in all material
respects, the financial condition and results of operations of Advanced
Financial Inc. and its subsidiaries for the periods presented.


Date: December 30, 2003                     /s/  Charles A. Holtgraves
                                            -----------------------------------
                                                 Charles A. Holtgraves
                                                 Chief Executive Officer
                                                 Chief Financial Officer
AN ASSOCIATION OF PROFESSIONAL CORPORATIONS 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

JOSEPH W. ROBB 591 REDWOOD HIGHWAY, SUITE 2250 'A PROFESSIONAL CORPORATION 

STERLING J ROSS, JR. "t MILL VALLEY, CA 94941 t CERTIFIED SPECIALIST IN ESTATE 

ALAN J TITUS TELEPHONE: (415) 332-3831 PLANNING, PROBATE AND TRUST 

PHILIP A ROBB FAX (415) 383-2074 LAW THE STATE BAR OF CALIFORNIA 

ALEXIS LYNCH BOARD OF LEGAL SPECIALIZATION 

August 23, 201 3 

National Indian Gaming Commission 

1441 L Street NW, Suite 9100 

Washington, DC 20005 

Re: Electronic One Touch Bingo System 

Proposed Reinter~retation of Class II and Class Ill Games 

Dear Sir or Madam: 

I write on behalf of Artichoke Joe's, a state licensed cardroom in San Bruno, 

California in response to the request for public comment on the proposed change in 

rules regarding classification of Class II and Class Ill games. 

We do not think the proposed rules are consistent with the Indian Gaming 

Regulatory Act. Section 4 (7)(B) of IGRA (25 USC 92703) provides that class II 

games do not include, "electronic or electromechanical facsimiles of any game of 

chance or slot machines of any kind." The phrase "of any kind" is broad and 

inclusive. Congress was being very clear. The term "slot machines" is to be 

interpreted broadly. No machine that could be classified as a slot machine is be 

classified as a class II game. 

Current regulations violate that statute. At least some machines classified as 

class II bingo machines look and operate like slot machines and offer the same 

gaming experience. The proposed rules would be even worse. The gaming 

experience, operated with one touch bingo system, will be indistinguishable from 

that of slot machines. You put in your money, spin the reels and see what you 

win. That's a slot machine, not bingo. 

Sincerely,
J. J. a writ of habeas corpus and filed in the district court in the first instance. See NRS 34.724(2)(b); NRS 34.738(1). 1 Accordingly, we

ORDER the petition DENIED. Hardesty cc: John Francis Arpino Washoe District Court Clerk Washoe County District Attorney

1 We express no opinion as to whether petitioner could meet the procedural requirements of NRS chapter 34. 2
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97-625.

#### State v. Johnson.

Cuyahoga App. No. 70234. On motion for leave to file delayed appeal. Motion denied.

Pfeifer, Cook and Lundberg Stratton, JJ., dissent.
No. 842.

#### Ruben et al. *v.*United States.

January 19, 1942.

*Sam Ruben, James Foley, Barney Neufield,*and *Joseph Flynn, pro se.*

Petition for writ of certiorari to the Court of Appeals for the District of Columbia, and motion for leave to proceed further *in forma pauperis,*denied for the reason that the Court, upon examination of the papers herein submitted, finds that the application for writ of certiorari was not made within the time provided by law. Rule XI of the Criminal Appeals Rules, 292 U. S. 665-666.
## IN THE COURT O F CRIMINA L A PPEA LS OF TEXAS NO. WR-85,928-01

EX P ARTE KAITLYN LUCRETIA RITCHERSON, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. D-1-D C-11-302663- A IN THE 331S T DIST RICT COURT

F ROM TRAVIS COUNTY

Per curiam . O P I N I O N Pursuant to the provisions of Ar t i cl e 1 1

. 07 of the Texas Code of Criminal Procedur e, the cler k of the trial court transmitted to this Court this application for a writ of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant was convic t ed o f murder and sentenc ed to twenty -five year s’ imprisonment. The Third Court of Appea ls aff irmed her conviction. Ritcherson v. State , 476 S.W .3d 111 (Tex. App. — Austin, Aug . 31, 2015). In this application, filed on her behalf by appellate counsel, Applicant contends that she was denied her right to petition th i s Court for discretionar y revie w beca

use of appellate counsel’s defic ient perf

ormanc e. Appellate counsel advised Applicant that he would fi l e a petition for2

discretionar

y revie w on her behalf. After reque sting and obtaining a n extension of time from thi s Court, appellat e c o u

n sel erroneously miscalculate d the new due date for the petition for discretionar y revie w. As a result of this miscalculation, appellate counsel fail ed t o t i m ely file the petition for discretionar

y revie w or re quest another extension of tim e fr om this C ourt. Appellate counsel filed an aff idavit with the trial court. Ba sed on that aff idavit, the trial court has enter ed finding s of fac t and conclusions of law finding that appellate counsel failed to timely file Applicant’s pe tition for discretionar y revie w afte r advisingher that he would file a petition on her behalf . The trial court recommends that relief be gra nted. Ex parte W

ilson , 956 S.W .2d 25 (Tex. Crim. App. 1997). We find, there fore , that Applicant is entitled to the opportunity to file an out-of-time petition for discretionar

y revie w of the judgme nt of the Third Court of Appea ls in Cause No. 03-13-00804- CR that aff

irmed her conviction in Cause No. D-1-D C-11-302663 from the 331st District Court of Travis County

. Applicant shall file he r petition for discr etionary revie w with this Court w ithin 30 day s of the dateon which this Court’s mandate issues.

Deliver ed: Novembe r 16, 2016 Do not publish
| 1.   | The      Report fully complies with the requirements of Section 13(a) or 15(d) of      the Securities and 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      as of and for the period covered by theReport. |
|----------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | Date:  March      31, 2008 |   | /s/      DOUGLAS J. ANDREA                                                                                        |
|--------|--------------------------------------|--------|-------------------------------------------------------------------------------------------------------------------|
|   |                                 |   | Douglas      J. AndreaChairman      of the Board, President, Chief Executive      Officer and Corporate Secretary |
|   |                                 |   |                                                                                                              |
|   |                                 |   | /s/ CORISA L. GUIFFRE                                                                                             |
|   |                                 |   | Corisa      L. GuiffreVice      President, Chief Financial Officer and Assistant      Corporate Secretary         |
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
balance sheet and statement of operations, and is qualified in its entirety
by reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-29-1996
<PERIOD-END>                               JUN-29-1996
<CASH>                                             851
<SECURITIES>                                         0
<RECEIVABLES>                                   16,992
<ALLOWANCES>                                       524
<INVENTORY>                                     37,313
<CURRENT-ASSETS>                                57,769
<PP&E>                                          35,727
<DEPRECIATION>                                  22,912
<TOTAL-ASSETS>                                  73,112
<CURRENT-LIABILITIES>                           19,670
<BONDS>                                         17,969
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           297
<OTHER-SE>                                      30,999
<TOTAL-LIABILITY-AND-EQUITY>                    73,112
<SALES>                                        103,603
<TOTAL-REVENUES>                               103,603
<CGS>                                           82,162
<TOTAL-COSTS>                                   82,162
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,113
<INCOME-PRETAX>                                (2,269)
<INCOME-TAX>                                     (825)
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,444)
<EPS-PRIMARY>                                   (0.50)
<EPS-DILUTED>                                   (0.50)
        

</TABLE>
II 

111TH CONGRESS 

1ST SESSION S. 2706 

To suspend temporarily the duty on Pigment Yellow 180. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 2, 2009 

Mr. WHITEHOUSE (for himself and Mr. REED) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To suspend temporarily the duty on Pigment Yellow 180. 

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

3 SECTION 1. PIGMENT YELLOW 180. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.01.00 Butanamide, 2,2′-[1,2- 

ethanediylbis(oxy-2,1-phenylene-2,1-diazenediyl)]bis[N- 

(2,3-dihydro-2-oxo-1Hbenzimidazol-5-yl)-3-oxo 

(CAS No. 77804–81–0) (provided for in subheading 

3204.17.60) ........................... Free No change No change On or before 

12/31/2011 ’’. 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•S 2706 IS

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of the enactment of this Act. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS
EXHIBIT 12
                                  ASHLAND INC.
                COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                                  (In millions)
<TABLE>
<CAPTION>


                                                                       Years ended September 30
                                                      -----------------------------------------------------------
                                                          1999         2000        2001         2002        2003
                                                      ---------   ----------   ---------   ----------   ---------
<S>                                                   <C>         <C>          <C>         <C>          <C>
EARNINGS
--------
Income from continuing operations                     $    283    $     272    $    390    $     115    $     94
Income taxes                                               188          179         266           68          44
Interest expense                                           141          189         160          133         121
Interest portion of rental expense                          34           39          40           35          33
Amortization of deferred debt expense                        1            2           2            2           2
Distributions in excess of (less than) earnings
    of unconsolidated affiliates                           (11)        (113)        (91)          20         (98)
                                                      ---------   ----------   ---------   ----------   ---------
                                                      $    636    $     568    $    767    $     373    $    196
                                                      =========   ==========   =========   ==========   =========

FIXED CHARGES
-------------
Interest expense                                      $    141    $     189    $    160    $     133    $    121
Interest portion of rental expense                          34           39          40           35          33
Amortization of deferred debt expense                        1            2           2            2           2
                                                      ---------   ----------   ---------   ----------   ---------
                                                      $    176    $     230    $    202    $     170    $    156
                                                      =========   ==========   =========   ==========   =========

RATIO OF EARNINGS TO FIXED CHARGES                        3.61         2.47        3.80         2.19        1.26

</TABLE>