alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Cameron McC. Orange County Department of Social Services, Respondent; Alicia S., Appellant, et al., Respondent. (Proceeding No. 1.) In the Matter of Jade McC. Orange County Department of Social Services, Respondent; Alicia S., Appellant, et al., Respondent. (Proceeding No. 2.) In the Matter of Jonathan McC. Orange County Department of Social Services, Respondent; Alicia S., Appellant, et al., Respondent. (Proceeding No. 3.)

[976 NYS2d 884]

In three related child neglect proceedings pursuant to Family Court Act article 10, the mother appeals from an order of fact-finding and disposition of the County Court, Orange County (Kiedaisch, J.), dated January 13, 2012, which, upon her consent, found that she had neglected the subject children, and, after a dispositional hearing, placed her under the supervision of the Orange County Department of Social Services for a period of 12 months. The mother’s assigned counsel has submitted a brief in accordance with *Anders v California*(386 US 738 [1967]), in which she moves for leave to withdraw as counsel for the appellant.

Ordered that the motion of Verna W. Cobb for leave to withdraw as counsel for the appellant is granted, and she is directed to turn over all papers in her possession to new counsel assigned herein; and it is further,

Ordered that Edward Bruno, Esq., 15 Bruyn Avenue, Pine Bush, N.Y., 12566, is assigned as counsel to perfect the appeal; and it is further,

Ordered that new counsel shall serve and file a brief on behalf of the appellant within 90 days of the date of this decision and order on motion and the petitioner-respondent shall serve and file its brief within 30 days after the brief on behalf of the appellant is served and filed. By prior decision and order on motion of this Court dated June 13, 2012, the appellant was granted leave to prosecute the appeal as a poor person, with the *940appeal to be heard on the original papers, including a certified transcript of the proceedings, and on the briefs of the parties, who were directed to file nine copies of their respective briefs and to serve one copy on each other.

The brief submitted by the appellant’s counsel pursuant to *Anders v California*(386 US 738 [1967]), was deficient because it failed to identify potential appellate issues *(see People v Sanders,*91 AD3d 798, 799 [2012]; *Matter of Giovanni S. [Jasmin A.],*89 AD3d 252, 256 [2011]). Since the brief does not demonstrate that assigned counsel fulfilled her obligations under *Anders v California,*we must assign new counsel to represent the appellant *(see People v Sanders,*91 AD3d at 799; *People v Foster,*90 AD3d 1070, 1071 [2011]; *Matter of Giovanni S. [Jasmin A.],*89 AD3d at 258). Skelos, J.E, Balkin, Leventhal and Sgroi, JJ., concur.
Banta Corporation
                              Amendment to By-laws

             On December 10, 1996, Section 3.02 of the By-laws was amended in
   its entirety to provide as follows:

             3.02.  Tenure and Qualifications.  Each director shall hold
        office until the next annual meeting of shareholders and until his
        successor shall have been elected and qualified, or until there is a
        decrease in the number of directors which takes effect after the
        expiration of his term, or until his prior death, resignation or
        removal.  A director may be removed by the shareholders only at a
        meeting called for the purpose of removing the director, and the
        meeting notice shall state that the purpose, or one of the purposes,
        of the meeting is removal of the director.  A director may be removed
        from office but only for cause (as defined herein) if the number of
        votes cast to remove the director exceeds the number of votes cast
        not to remove him; provided, however, that, if the Board of
        Directors, by resolution, shall have recommended removal of a
        director, then the shareholders may remove such director without
        cause by the vote referred to above.  As used herein, "cause" shall
        exist only if the director whose removal is proposed has been
        convicted of a felony by a court of competent jurisdiction, where
        such conviction is no longer subject to direct appeal, or has been
        adjudged liable for actions or omissions in the performance of his
        duty to the corporation in a matter which has had a materially
        adverse effect on the business of the corporation, where such
        adjudication is no longer subject to appeal.  A director may resign
        at any time by delivering written notice which complies with the
        Wisconsin Business Corporation Law to the Chairman of the Board or to
        the corporation.  A director's resignation is effective when the
        notice is delivered unless the notice specifies a later effective
        date.  Directors need not be residents of the State of Wisconsin but
        must be shareholders of the corporation.  A director shall retire no
        later than the end of the term in which occurs the earlier of the
        director's attainment of age seventy (70) or the completion of
        fifteen (15) years of service as a non-employee director; provided,
        however, that the fifteen (15) year limitation shall be inapplicable
        to any director who had completed at least fifteen (15) years as a
        non-employee director as of January 1, 1995.  As used herein, a "non-
        employee director" shall mean a director who is not an employee of
        the corporation or any of its subsidiaries.
CERTIFICATION
                       PURSUANT TO 18 U.S.C. SECTION 1350,
                    AS ADOPTED PURSUANT TO SECTION 906 OF THE
                           SARBANES-OXLEY ACT OF 2002


     The  undersigned  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
undersigned's  best knowledge and belief,  the Quarterly Report on Form 10-Q for
the Geodyne Energy Income  Limited  Partnership  II-H  ("Issuer") for the period
ending  September 30, 2004 as filed with the Securities and Exchange  Commission
on the date hereof (the "Report"):

      (a)   fully complies with the requirements of section 13(a) or 15(d) of
            the Securities Exchange Act of 1934; and
      (b)   the  information  contained in the Report  fairly  presents,  in all
            material respects, the financial condition and results of operations
            of the Issuer.

     Dated this 12th day of November, 2004.

                                    GEODYNE ENERGY INCOME LIMITED
                                    PARTNERSHIP II-H
                                    ("Issuer")

                                    //s// Dennis R. Neill
                                    -----------------------------------
                                    Dennis R. Neill
                                    President (Chief Executive Officer)

                                    //s// Craig D. Loseke
                                    -----------------------------------
                                    Craig D. Loseke
                                    Chief Accounting Officer
                                    (Chief Financial Officer)


      A signed  original of this written  statement  required by Section 906 has
been  furnished to Geodyne  Energy Income  Limited  Partnership II-H and will be
retained by Geodyne Energy Income Limited  Partnership II-H and furnished to the
Securities and Exchange Commission or its staff upon request.
II 

111TH CONGRESS 

2D SESSION S. 3545 

To require a study of the effect of a 6-month moratorium on new deepwater 

drilling in the Gulf of Mexico on small businesses. 

IN THE SENATE OF THE UNITED STATES 

JUNE 29, 2010 

Ms. LANDRIEU introduced the following bill; which was read twice and 

referred to the Committee on Small Business and Entrepreneurship 

A BILL 

To require a study of the effect of a 6-month moratorium 

on new deepwater drilling in the Gulf of Mexico on 

small businesses. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Gulf of Mexico Eco5 nomic Recovery and Job Impact Analysis Act of 2010’’. 

6 SEC. 2. STUDY ON THE EFFECT OF A 6-MONTH MORATO7 RIUM ON NEW DEEPWATER DRILLING IN THE 

8 GULF OF MEXICO ON SMALL BUSINESSES. 

9 (a) IN GENERAL.—Subject to the availability of ap10 propriations, the Office of Advocacy of the Small Business 


rfrederick on DSKD9S0YB1PROD with BILLS
2 

•S 3545 IS

1 Administration shall conduct a study evaluating the effect 

2 of a 6-month moratorium on new deepwater drilling in the 

3 Gulf of Mexico on small business concerns (as defined 

4 under section 3 of the Small Business Act (15 U.S.C. 

5 632)). 

6 (b) REPORT.—Not later than 2 months after the date 

7 of enactment of this Act, the Office of Advocacy of the 

8 Small Business Administration shall submit to the Com9 mittee on Small Business and Entrepreneurship and the 

10 Committee on Energy and Natural Resources of the Sen11 ate and the Committee on Small Business and the Com12 mittee on Energy and Commerce of the House of Rep13 resentatives a report regarding the results of the study 

14 conducted under subsection (a), which shall include— 

15 (1) a survey of the effect of a 6-month morato16 rium on deepwater drilling on small business con17 cerns in the industries directly involved in oil and 

18 natural gas exploration in the Gulf of Mexico; 

19 (2) a survey of the effect of the moratorium on 

20 small business concerns in the industries indirectly 

21 involved in oil and natural gas exploration in the 

22 Gulf of Mexico, including suppliers of supplies or 

23 services and customers of industries directly involved 

24 in oil and natural gas exploration; 


rfrederick on DSKD9S0YB1PROD with BILLS
3 

•S 3545 IS

1 (3) an estimate of the effect of the moratorium 

2 on the revenues of small business concerns located 

3 near the Gulf of Mexico and, if practicable, nation4 wide; and 

5 (4) any policy recommendations to mitigate pos6 sible negative effects on small business concerns re7 sulting from the moratorium. 

Æ 


rfrederick on DSKD9S0YB1PROD with BILLS
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                       1,852,976
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,867,990
<PP&E>                                         190,387
<DEPRECIATION>                                 149,960
<TOTAL-ASSETS>                               2,035,388
<CURRENT-LIABILITIES>                          140,210
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  1,806,369
<COMMON>                                           752
<OTHER-SE>                                      88,057
<TOTAL-LIABILITY-AND-EQUITY>                 2,035,388
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               523,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,661,979
<INCOME-PRETAX>                            (2,149,176)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (2,149,176)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,149,176)
<EPS-BASIC>                                      (.29)
<EPS-DILUTED>                                    (.29)


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

<ARTICLE> 5
<RESTATED> 
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                              30
<SECURITIES>                                         0
<RECEIVABLES>                                      926
<ALLOWANCES>                                         0<F1>
<INVENTORY>                                         43
<CURRENT-ASSETS>                                 1,350
<PP&E>                                           4,703
<DEPRECIATION>                                       0<F1>
<TOTAL-ASSETS>                                   6,491
<CURRENT-LIABILITIES>                            1,897
<BONDS>                                          1,082
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        497
<COMMON>                                             0
<OTHER-SE>                                         980
<TOTAL-LIABILITY-AND-EQUITY>                     6,491
<SALES>                                              0
<TOTAL-REVENUES>                                 3,425
<CGS>                                                0
<TOTAL-COSTS>                                    3,256
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 104
<INCOME-PRETAX>                                     98
<INCOME-TAX>                                        38
<INCOME-CONTINUING>                                 60
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        60
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1>NOT SEPARATELY IDENTIFIED IN THE CONSOLIDATED FINANCIAL STATEMENTS OR
ACCOMPANYING NOTES THERETO.
</FN>
        

</TABLE>
96-2702.

#### Hoppes Builders *&*Dev. Co. v. Hurren Builders, Inc.

Clark App. No. 96CA23.

Douglas, Resnick and F.E. Sweeney, JJ., dissent.
The Honorable Andrew W. Bogue, United States District Judge for the District 1

of South Dakota, sitting by designation.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 97-2839

___________

Thomas McDonald, *

*

Plaintiff - Appellant, *

* Appeal from the United States

v. * District Court for the Western

* District of Missouri

John Deere Company; Deere & *

Company, * [UNPUBLISHED]

*

Defendants - Appellees. *

___________

Submitted: February 11, 1998

Filed: April 8, 1998

___________

Before WOLLMAN and LOKEN, Circuit Judges , and BOGUE, Senior District

1

Judge.

___________

PER CURIAM.

Thomas McDonald appeals from the adverse decisions of the judge and the jury

in this product liability lawsuit. After a careful review of the law and the record in this

case, we reject McDonald's contention that the district court improperly
-2-

granted partial summary judgment to Deere on McDonald's claim that Deere owed a

duty to McDonald to equip a mower with a rollover protection system. We likewise

reject McDonald's contention that the district court misinstructed the jury on the issue

of assumption of the risk/contributory fault. Having reviewed the challenged

instructions under the appropriate standards of review, we conclude that they accurately

reflect the applicable law and do not require reversal. We further find that there is

sufficient evidence in support of the jury verdict. Having considered McDonald's

remaining contentions under well-established standards, we find no error that would

require reversal. Because an opinion would have no precedential value, we affirm the

district court without further discussion. See 8th Cir. R. 47B.

A true copy.

 ATTEST:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Exhibit
32.1
 
 Certifications
of CEO and CFO 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 on Form 10-Q of Houston Wire & Cable
Company (the “Corporation”) for the fiscal quarter ended March 31, 2009 as filed
with the Securities and Exchange Commission on the date hereof (the “Report”),
Charles A. Sorrentino, as Chief Executive Officer of the Corporation, and Nicol
G. Graham, as Chief Financial Officer of the Corporation, each hereby certifies,
pursuant to 18 U.S.C. section 1350, as adopted pursuant to section 906 of the
Sarbanes-Oxley Act of 2002, to the best of his knowledge, 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
      Corporation.
 
 Date:   May
      11, 2009
                    
                    /s/ Charles A.
SorrentinoCharles
      A. SorrentinoChief
      Executive OfficerDate:   May
      11, 2009
                    
                    /s/ Nicol G. GrahamNicol
      G. GrahamChief
      Financial Officer
 
 
 This
certification accompanies the Report pursuant to section 906 of the
Sarbanes-Oxley Act of 2002 and shall not be deemed filed by Houston Wire &
Cable Company for purposes of section 18 of the Securities Exchange Act of 1934,
as amended.
<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                         0000823610
<NAME>                        Rancon Pacific Realty, L.P.
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<S>                             <C>
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<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-START>                                 JAN-01-1997
<PERIOD-END>                                   MAR-31-1997
<EXCHANGE-RATE>                               1.000
<CASH>                                         1,529
<SECURITIES>                                   0
<RECEIVABLES>                                  0
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<INVENTORY>                                    0
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<PP&E>                                         42,719
<DEPRECIATION>                                 (12,160)
<TOTAL-ASSETS>                                 32,800
<CURRENT-LIABILITIES>                          325
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<TOTAL-LIABILITY-AND-EQUITY>                   32,800
<SALES>                                        0
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</TABLE>
ex10-9.htm


Exhibit 10.9







July 5, 2013







VIA ELECTRONIC MAIL








Todd E. Wilson




 


Re:  Second Amendment to Agreement dated June 8, 2010







Dear Todd:


 


    The purpose of this agreement is to amend that certain agreement (the "Original Agreement") between to you and Augme Technologies, Inc. (the "Company") dated June 8, 2010, which outlined the compensation you are to receive in consideration for your service to the Company as Director.


 


    On November 30, 2010, you and the Company entered into an Amendment to the Original Agreement (the “First Amendment”). Therefore you agree to enter into this Second Amendment to further amend the Original Agreement, as amended, effective March 22, 2013, the date of Board approval.


 


    The following paragraph was included in your Original Agreement, which states:







you will receive one-percent (1%) Transaction Fee for your participation in the realization of the monetization of the Company’s intellectual property either through: a) a settlement agreement; b) license agreement (except for licenses entered into in the ordinary course of the Company’s business); or c) asset sale during the period of directorship and extending six months thereafter.







    Shall be deleted in its entirety and nothing shall appear in its place.


 


    The Company affirms that all of the other terms and conditions of the Original Agreement, as amended, shall continue in full force and effect.


 


    Thank you for your attention to this matter.







Very truly yours,







AUGME TECHNOLOGIES, INC.







By:  /s/ Ivan Braiker                                                                           


        Ivan Braiker, Chief Executive Officer







July 9, 2013


 


    I have read the agreement above.  By my signature below I confirm that I agree with the Second Amendment to the Original Agreement, as amended, and to the modification of my compensation as a Director effected thereby.


 


/s/ Todd E. Wilson                                                                


Todd E. Wilson