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

granting a motion to intervene, an order to unseal records, or an order 

denying a motion for a stay. Brunzell Constr. Co. v. Harrah's Club, 81 

Nev. 414, 419, 404 P.2d 902, 905 (1965). Accordingly, we conclude that we 

lack jurisdiction, and we 

ORDER this appeal DISMISSED. 

Saitta 

cc: Hon. Susan Johnson, District Judge 

Christopher R. Oram 

McLetchie Shell LLC 

Eighth District Court Clerk 

2
#### Office of Disciplinary Counsel *v.*Phillips.

[Cite as *Disciplinary Counsel v. Phillips*(1997), 78 Ohio St.3d 311.]

(No. 94-1810

Submitted January 22, 1997

Decided April 30, 1997.)

*312
      *Geoffrey Stem,*Disciplinary Counsel, and *Sally Ann Stench,*Assistant Disciplinary Counsel, for relator.

*Thomas Ewing Phillips, pro se.*

*Per Curiam.*

We adopt the findings and recommendations of the panel and hereby suspend respondent from the practice of law in Ohio for a period of one year from the date of this order. Costs of these proceedings taxed to respondent.

*Judgment accordingly.*

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.
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-A  ("Issuer") for the period
ending June 30, 2005 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 August, 2005.

                                    GEODYNE ENERGY INCOME LIMITED
                                    PARTNERSHIP II-A
                                    ("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-A and will be
retained by Geodyne Energy Income Limited Partnership  II-A and furnished to the
Securities and Exchange Commission or its staff upon request.
#### Rodney J. Dufrain, Respondent, v Timothy Hutchings et al., Appellants.

[977 NYS2d 484]

Rose, J.P

Appeal from an order of the Supreme Court (Hall Jr., J.), entered August 28, 2012 in Washington County, which denied defendants’ motion for summary judgment dismissing the complaint.

Plaintiff, a furnace technician, was descending the wooden stairs leading from an outside entrance into the basement of defendants’ house when the stairs collapsed. Plaintiff then commenced this action to recover damages for his injuries, alleging that they were due to defendants’ failure to properly inspect and maintain the stairs. Defendants moved for summary judgment dismissing the complaint. Finding, among other things, that defendants failed to meet their burden of establishing that they had reasonably inspected the stairs, Supreme Court denied the motion. Defendants appeal.

We affirm. The issue of whether defendants have conducted reasonable inspections of the premises is usually a question of fact for the jury to resolve in determining whether defendants fulfilled their duty to maintain the premises in a reasonably *1213safe condition *(see Rossal-Daub v Walter,*97 AD3d 1006, 1007-1008 [2012]; *see also Hoffman v United Methodist Church,*76 AD3d 541, 542-543 [2010]). The failure to conduct such inspections will result in the imputation of constructive notice to defendants as long as a reasonable inspection would have revealed the defective condition (see *Rossal-Daub v Walter,*97 AD3d at 1008; *Hayes v Riverbend Hous. Co., Inc.,*40 AD3d 500, 501 [2007]).

Here, the staircase was present when defendants purchased the home seven years prior to the accident. It was made of untreated wood, located in a damp basement and, although defendant Timothy Hutchings used the stairs frequently, defendants acknowledged that they did not perform any maintenance on the staircase and did not inspect it. They claim, however, that the deterioration of the staircase could not have been discovered. Viewing the evidence in a light most favorable to plaintiff, including the evidence that the construction of the stairs was not in accordance with acceptable practice and there was rotting wood on the back of the stringers and underneath the runners, issues of fact exist regarding whether defendants should have inspected the staircase and whether a reasonable inspection would have revealed the defective condition *(see Cook v Indian Brook Vil., Inc.,*100 AD3d 1247, 1248 [2012]; *Rossal-Daub v Walter,*97 AD3d at 1008; *Oates v Iacovelli,*80 AD3d 1059, 1061 [2011]; *compare Anderson v Justice,*96 AD3d 1446, 1448 [2012]). In view of our conclusion, we need not address plaintiffs arguments regarding the application of the doctrine of res ipsa loquitor.

Spain, Garry and Egan Jr., JJ., concur. Ordered that the order is affirmed, with costs.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v. No. 98-4808

TYRONE CLINT HILL,

Defendant-Appellant.

Appeal from the United States District Court

for the Western District of Virginia, at Charlottesville.

James H. Michael, Jr., Senior District Judge.

(CR-96-54)

Submitted: May 11, 1999

Decided: May 25, 1999

Before WIDENER, LUTTIG, and WILLIAMS, Circuit Judges.

_________________________________________________________________

Vacated and remanded by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

Daniel J. Meador, Jr., MORIN & BARKLEY, Charlottesville, Virginia, for Appellant. Robert P. Crouch, Jr., United States Attorney,

Ray B. Fitzgerald, Assistant United States Attorney, Charlottesville,

Virginia, for Appellee.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).
OPINION

PER CURIAM:

Tyrone Clint Hill was convicted of distributing crack cocaine and

was sentenced to three years probation. A year later, the district court

revoked Hill's probation and sentenced him to three years imprisonment. In an order entered before the hearing, the court gave notice

that it might impose a sentence in excess of the sentencing range recommended in U.S. Sentencing Guidelines Manual § 7B1.4 (1997).

Both in the order and at the revocation hearing, however, the court

stated that the issue was whether supervised release should be

revoked and the court referred to 18 U.S.C.A. § 3583(e)(3) (West

Supp. 1999). Section 3583(e)(3) governs revocation of supervised

release, while probation revocation is governed by 18 U.S.C.A.

§ 3565 (West Supp. 1999). Both parties used the terms probation and

supervised release interchangeably at the revocation hearing. On

appeal, Hill contests the length of the sentence. While arguing that the

sentence was not plainly unreasonable, the government concedes that

resentencing is necessary because of the apparent confusion over

which statute applied.

Because the parties agree that resentencing is necessary, we vacate

the sentence and remand for resentencing without reaching the merits

of Hill's claims. 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.

VACATED AND REMANDED

 2
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

July 14, 2015

Order 

July 14, 2015

151671(52)

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v

TIMOTHY JORDAN,

Defendant-Appellant.

SC: 151671

COA: 317644

Jackson CC: 12-005149-FC

________________________________________/

On order of the Chief Justice, the motion of defendant-appellant to file a 

supplemental application for leave to appeal on or before August 11, 2015, is 

GRANTED. Plaintiff-appellee shall have 21 days from the date the supplemental 

application is served to file an answer thereto.
|   |
|---|
|   |  |
| x | ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |

|        |
|--------|
|        |  |
| ¨ | TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
|   |   |
|   | For the transition period from ___________________ to __________________ |
|   |   |
|   | Commission File Number 1-07978 |

|                                                                       |
|-----------------------------------------------------------------------|
|                                                                       |  |  |
| Incorporated in South Dakota                                          |   | IRS Identification Number 46-0111677 |
| 625 Ninth Street, Rapid City, South Dakota  57701                     |
|                                                                  |   |   |
| Registrant's telephone number, including area code: (605) 721-1700    |
|                                                                  |   |   |
| Securities registered pursuant to Section 12(b) of the Act:      None |
|                                                                  |   |   |
| Securities registered pursuant to Section 12(g) of the Act:      None |

|                               |
|-------------------------------|
|                               |  |
| Class                         | Outstanding at February 29, 2012 |
| Common stock, $1.00 par value | 23,416,396 shares |

----

----

----

|                |
|----------------|
|                |  |
| Exhibit Number | Description |
|           |   |
| 31.1           | Certification of Chief Executive Officer pursuant to Rule 13a - 14(a) of the Securities Exchange Act of 1934. |
|           |   |
| 31.2           | Certification of Chief Financial Officer pursuant to Rule 13a - 14(a) of the Securities Exchange Act of 1934. |

----

|        |
|--------|
|        |  |  |  |
|   |   | BLACK HILLS POWER |
|   |   |   |
|   |   | By: | /S/ ANTHONY S. CLEBERG |
|   |   |   | Anthony S. Cleberg, Executive Vice President |
|   |   |   | and Chief Financial Officer |
| Dated: | April 2, 2012 |   |

----

|                |
|----------------|
|                |  |
| Exhibit Number | Description |
|           |   |
| 31.1           | Certification of Chief Executive Officer pursuant to Rule 13a - 14(a) of the Securities Exchange Act of 1934. |
|           |   |
| 31.2           | Certification of Chief Financial Officer pursuant to Rule 13a - 14(a) of the Securities Exchange Act of 1934. |
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule  contains summary financial  information  extracted from Barringer
Technologies Inc.'s Form 10-K for the fiscal year ended December 31, 1999 and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER>                                   1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-END>                                   DEC-31-1999
<CASH>                                               26933
<SECURITIES>                                          1178
<RECEIVABLES>                                         7790
<ALLOWANCES>                                           393
<INVENTORY>                                           5543
<CURRENT-ASSETS>                                     44882
<PP&E>                                                5956
<DEPRECIATION>                                        2779
<TOTAL-ASSETS>                                       48765
<CURRENT-LIABILITIES>                                 2913
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                             87
<COMMON>                                                79
<OTHER-SE>                                           45087
<TOTAL-LIABILITY-AND-EQUITY>                         48765
<SALES>                                              20155
<TOTAL-REVENUES>                                     20155
<CGS>                                                 8604
<TOTAL-COSTS>                                         8604
<OTHER-EXPENSES>                                      9168
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                       0
<INCOME-PRETAX>                                       4046
<INCOME-TAX>                                          1468
<INCOME-CONTINUING>                                   2578
<DISCONTINUED>                                       (1300)
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                          1278
<EPS-BASIC>                                         0.18
<EPS-DILUTED>                                         0.16



</TABLE>
FIBK-2013.06.30-EX10.11






Exhibit 10.11


Fourth Amendment
to the
First Interstate BancSystem, Inc.
2006 Equity Compensation Plan


This Amendment (the “Amendment”) by First Interstate BancSystem, Inc., a Montana corporation (the “Company”), to its 2006 Equity Compensation Plan (the “2006 Plan”) is entered into by the Company as of March 27, 2013.


Whereas, the Company previously adopted the 2006 Plan pursuant to which the Company may grant equity awards to its directors, officers and other employees in an effort to attract, retain and motivate individuals who are expected to make important contributions to the Company.  The 2006 Plan was amended effective March 19, 2010, September 23, 2010, and March 29, 2013.


Whereas, the Compensation Committee of the Board of Directors of the Company (the “Board”) has recommended, and the Board has determined that it is in the best interests of the Company and its shareholders to amend the 2006 Plan in accordance with the provisions thereof.


Now, therefore, based on the foregoing recitals, the Company hereby agrees as follows:


1.    Exhibit A to the 2006 Plan is titled “Terms and Conditions of FIBS 2006 Stock Option Benefit.”  Section 7.2 of Exhibit A, titled “Director Participants”, is amended to read in its entirety as follows:


If a Director Participant's status as a director of FIBS terminates by reason of death, resignation, or removal, all Options granted after March 27, 2013 and held by such Participant may be exercised upon (a) the earlier of three (3) years after the date of the Participant's death or the date of the resignation or removal of the Participant as a director of FIBS, as applicable, or (b) the stated termination date of the Option.  For Options granted on or prior to March 27, 2013, all Options held when a Director Participant's status as a director of FIBS terminates by reason of death, resignation, or removal, must be exercised within one hundred eighty (180) days after the date of the Participant's death or the date of the resignation or removal of the Participant as a director of FIBS, as applicable, regardless of whether the Options would otherwise expire prior to the end of the 180-day period and regardless of whether the Options are not otherwise exercisable within that 180-day period.  Any Options of the Participant which are not exercised within the periods stated in the preceding sentences shall expire and terminate.


2.    Except as modified in this Amendment, all other terms of the 2006 Plan shall remain in full force and effect.


IN WITNESS WHEREOF, the undersigned has executed this Amendment effective as of the date first above written.


COMPANY:


First Interstate BancSystem, Inc.,
a Montana corporation


By:  /s/ TERRILL R. MOORE        
        Terrill R. Moore
        Executive Vice President &
        Chief Financial Officer
# Publicaciones acerca trastornos de la alimentación

Hablemos de los trastornos de la alimentación

Esta infografía presenta datos que pueden usarse para ayudar a desarrollar una conversación sobre los trastornos de la alimentación.

In English

Los trastornos de la alimentación: Un problema que va más allá de la comida

Este folleto ofrece información sobre los trastornos de la alimentación, también llamados trastornos de la conducta alimentaria. Incluye información sobre quién está en riesgo, los tipos más frecuentes de estos trastornos, los síntomas de cada tipo, las opciones de tratamiento y recursos para encontrar ayuda para usted o para otra persona.

In English
II 

111TH CONGRESS 

1ST SESSION S. 357 

To allow for certiorari review of certain cases denied relief or review by 

the United States Court of Appeals for the Armed Forces. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 30, 2009 

Mrs. FEINSTEIN (for herself, Mr. SPECTER, and Mr. FEINGOLD) introduced 

the following bill; which was read twice and referred to the Committee 

on the Judiciary 

A BILL 

To allow for certiorari review of certain cases denied relief 

or review by the United States Court of Appeals for 

the Armed Forces. 

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 ‘‘Equal Justice for 

5 United States Military Personnel Act of 2009’’. 

6 SEC. 2. CERTIORARI TO THE UNITED STATES COURT OF AP7 PEALS FOR THE ARMED FORCES. 

8 (a) IN GENERAL.—Section 1259 of title 28, United 

9 States Code, is amended— 


rfrederick on PROD1PC67 with BILLS
2 

•S 357 IS

1 (1) in paragraph (3), by inserting ‘‘or denied’’ 

2 after ‘‘granted’’; and 

3 (2) in paragraph (4), by inserting ‘‘or denied’’ 

4 after ‘‘granted’’. 

5 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

6 Section 867a(a) of title 10, United States Code, is amend7 ed by striking ‘‘The Supreme Court may not review by 

8 a writ of certiorari under this section any action of the 

9 Court of Appeals for the Armed Forces in refusing to 

10 grant a petition for review.’’. 

Æ 


rfrederick on PROD1PC67 with BILLS
Exhibit 10.1 - Exhibit G-1 Form of Exemption Certificate






EXHIBIT G-1
FORM OF EXEMPTION CERTIFICATE
Reference is made to the Credit Agreement, dated as of July 18, 2013 (as amended, supplemented, restated or otherwise modified from time to time, the “Credit Agreement”; unless otherwise defined herein, terms defined therein being used herein as therein defined), among M/I HOMES, INC., an Ohio corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties thereto as lenders, including the Swingline Lender and the Issuing Lender (collectively, the “Lenders”), PNC BANK, NATIONAL ASSOCIATION, as administrative agent for the Lenders (the “Administrative Agent”) and the other agents party thereto.  [______________________] (the “Non-U.S. Lender”) is providing this certificate pursuant to Section 2.16(d) of the Credit Agreement.  The Non-U.S. Lender hereby represents and warrants that:
1.    The Non-U.S. Lender is the sole record and beneficial owner of the Loans (as well as any Note(s) evidencing such Loans) in respect of which it is providing this certificate;
2.    The Non-U.S. Lender is not a “bank” for purposes of Section 881(c)(3)(A) of the Code;  
3.    The Non-U.S. Lender is not a 10-percent shareholder of the Borrower within the meaning of Section 871(h)(3)(B) of the Code;
4.    The Non-U.S. Lender is not a controlled foreign corporation related to the Borrower within the meaning of Section 881(c)(3)(C) of the Code; and
5.    The interest payments in question are not effectively connected with the undersigned's conduct of a U.S. trade or business.
The undersigned has furnished the Administrative Agent and the Borrower with a certificate of its non-U.S. Person status on IRS Form W-8BEN.  By executing this certificate, the undersigned agrees that (1) if the information provided on this certificate changes, the undersigned shall promptly so inform the Borrower and the Administrative Agent and (2) the undersigned shall have at all times furnished the Borrower and the Administrative Agent with a properly completed and currently effective certificate in either the calendar year in which each payment is to be made to the undersigned, or in either of the two calendar years preceding such payments.
[Signature page follows.]









IN WITNESS WHEREOF, the undersigned has caused this certificate to be duly executed and delivered as of the date indicated below.
[NAME OF NON-U.S. LENDER]
By:_______________________________
Name:
Title:
Date:  ____________________
II 

111TH CONGRESS 

2D SESSION S. 3637 

To authorize appropriations for the Housing Assistance Council. 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2010 

Mr. KOHL (for himself, Ms. SNOWE, and Mr. INOUYE) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

To authorize appropriations for the Housing Assistance 

Council. 

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 ‘‘Housing Assistance 

5 Council Program Reauthorization Act of 2010’’. 

6 SEC. 2. ASSISTANCE TO HOUSING ASSISTANCE COUNCIL. 

7 (a) USE.—The Secretary of Housing and Urban De8 velopment may provide financial assistance to the Housing 

9 Assistance Council for use by such Council to develop the 

10 ability and capacity of community-based housing developVerDate Mar 15 2010 05:37 Jul 23, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3637.IS S3637

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2 

•S 3637 IS

1 ment organizations to undertake community development 

2 and affordable housing projects and programs in rural 

3 areas. Assistance provided by the Secretary under this sec4 tion may be used by the Housing Assistance Council for— 

5 (1) technical assistance, training, support, and 

6 advice to develop the business and administrative ca7 pabilities of rural community-based housing develop8 ment organizations; 

9 (2) loans, grants, or other financial assistance 

10 to rural community-based housing development orga11 nizations to carry out community development and 

12 affordable housing activities for low- and moderate13 income families; and 

14 (3) such other activities as may be determined 

15 by the Housing Assistance Council. 

16 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated for fiscal years 2012 

18 through 2017 such sums as are necessary for financial as19 sistance under this section for the Housing Assistance 

20 Council. 

Æ 


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