alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

                                                                 EXHIBIT 10.9(a)

                                 AMENDMENT NO. 4
                                     TO THE
                        NATIONAL SERVICE INDUSTRIES, INC.
                         SENIOR MANAGEMENT BENEFIT PLAN


         THIS AMENDMENT made as of the 31st day of August, 2001, by National
Service Industries, Inc., a Delaware corporation ("NSI");

                              W I T N E S S E T H:

         WHEREAS, NSI has previously established the National Service
Industries, Inc. Senior Management Benefit Plan (the "Plan") for the benefit of
its eligible employees and their beneficiaries; and

         WHEREAS, effective as of August 31, 2001, NSI will restructure its
business operations and form several new subsidiary corporations; and

         WHEREAS, NSI desires to amend the Plan in connection with the
restructuring; and

         WHEREAS, pursuant to the power of amendment contained in Section 11.4
of the Plan, the Plan is hereby amended as follows:


                                       1.

         The Plan is hereby amended by incorporating the following as the new
Appendix 1:

                                   "Appendix 1
                               Adopting Employers

         National Service Industries, Inc. (CA) f/k/a NSI Enterprises, Inc.
         L&C Spinco, Inc.
         The Zep Group, Inc.
         L&C Lighting Group, Inc."

                                       2.

         This Amendment shall be effective August 31, 2001.

                                       3.

         Except as provided herein, the provisions of the Plan shall remain in
full force and effect.


<PAGE>


         IN WITNESS WHEREOF, NSI has caused this Amendment No. 4 to be executed
by its duly authorized corporate officers as of the date and year first written
above.


ATTEST:                             NATIONAL SERVICE INDUSTRIES, INC.



By: /s/ Carol E. Morgan             By: /s/ Kenyon W. Murphy
   -------------------------           -------------------------------
Opinion issued July 23, 2015

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-15-00433-CV

———————————

IN RE LORIE A. PFEIL AND PFEIL FITNESS, INC., Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relators, Lorie A. Pfeil and Pfeil Fitness, Inc., have filed a petition for a writ 

of mandamus, challenging an order granting the motion of real party in interest,

Carlyle/FR Houston Investors, L.P., to compel the deposition of Lorie A. Pfeil and 

awarding attorney’s fees to Carlyle’s counsel.

1

 

1

The underlying case is First Industrial, LP v. Pfeil Fitness, Inc. and Lorie A. Pfeil, 

cause number 791725, in the County Civil Court at Law No. 3 of Harris County, 

Texas, the Honorable Linda Storey presiding.
2

We deny the petition and real party in interest’s request for sanctions 

pursuant to Texas Rule of Appellate Procedure 52.11. We vacate our order issued 

on May 12, 2015, staying relators’ deadlines to respond to discovery requests and 

the trial court’s April 29, 2015 order.

PER CURIAM

Panel consists of Justices Jennings, Bland, and Brown.
#### REED v. GENERAL IMPLEMENT EXPORT CORPORATION.

Civ. No. 26062.

United States District Court N. D. Ohio, E. D.

April 27, 1949.

Jos. W. Kennedy, Cleveland, Ohio, Philip Kasdan, Cleveland, Ohio, for plaintiff.

Leonard S. Frost, Cleveland, Ohio, Will Freeman, Chicago, Ill., for defendant.

JONES, Chief Judge.

This is an action upon a “verbal contract” assume the word “verbal” as used ln these Pleadlnffs means “oral”)

Defendant has filed a motion for a more definite statement, under Rule 12(e), Federal Rules of Civil Procedure, 28 U.S. C.A., setting forth the names of the person *183or persons with whom plaintiff entered into the alleged oral contract and the time and place of such agreement.

Plaintiff has filed no brief in opposition to the motion.

The motion is well taken and should be sustained. An oral contract, by its very nature, requires specific identification in pleading as to time, place and parties or agents. In an action on a written contract these facts would be readily ascertainable by reference to an attached copy and, where there is no copy, they should appear in the complaint.

Enter order accordingly.
Motion Granted; Vacated and Remanded and Memorandum Opinion filed 

July 14, 2015.

In The

Fourteenth Court of Appeals

NO. 14-15-00514-CV

KINGS HIGH RANCH, L.L.C., Appellant

V.

ULTIMATE KOBE BEEF, L.L.C., ALLISON MAE GODWIN AND BRUCE 

R. HEMMINGSEN, Appellees

On Appeal from the 405th District Court

Galveston County, Texas

Trial Court Cause No. 12-CV-0343

M E M O R A N D U M O P I N I O N

This is an appeal from a judgment signed October 3, 2014. On July 6, 2015, 

the parties filed a joint motion to set aside the judgment and remand the case for 

entry of a settlement agreement. See Tex. R. App. P. 42.1. The motion is granted. 

Accordingly, we vacate the judgment signed October 3, 2014, and we 
2

remand the cause to the trial court for rendition of judgment in accordance with the 

parties’ agreement.

PER CURIAM

Panel consists of Justices Christopher, Brown and Wise.
Order filed July 21, 2015

In The

Eleventh Court of Appeals 

____________

No. 11-15-00139-CR

__________

CURTIS WAYNE TEER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 441st District Court

Midland County, Texas

Trial Court Cause No. CR42737

O R D E R

Curtis Wayne Teer, who is currently represented by court-appointed counsel, 

has filed in this court a timely request to proceed pro se on appeal. We abate this 

appeal.

We must abate the appeal and remand the cause to the trial court so that the 

trial court may determine the following: 

1. Whether Teer desires to prosecute his appeal;
2

2. Whether Teer is indigent;

3. If not indigent, whether Teer has retained counsel for this appeal; and

4. If indigent, whether Teer desires to have counsel appointed to represent him

in this appeal or whether, after being warned of the dangers and 

disadvantages of self-representation, Teer competently and intelligently 

chooses to exercise the right to represent himself. 

If it is determined that Teer is indigent and is exercising his right to represent 

himself, the trial court must develop evidence as to whether Teer’s decision to 

proceed without counsel is knowingly and intelligently made. See Faretta v.

California, 422 U.S. 806 (1975); Ex parte Davis, 818 S.W.2d 64 (Tex. Crim. App.

1991); Hubbard v. State, 739 S.W.2d 341, 345 (Tex. Crim. App. 1987); Webb v. 

State, 533 S.W.2d 780, 783–86 (Tex. Crim. App. 1976). The trial court is directed 

to enter findings of fact and conclusions of law and to make any appropriate 

recommendations to this court. 

The clerk of the trial court is directed to prepare and forward to this court a 

supplemental clerk’s record containing the findings, recommendations, and any 

orders of the trial court. The court reporter is directed to prepare and forward to this 

court the reporter’s record from the hearing. These records are due to be filed in this 

court on or before July 31, 2015. 

The appeal is abated. 

PER CURIAM

July 21, 2015

Do not publish. See TEX. R. APP. P. 47.2(b). 

Panel consists of: Wright, C.J.,

Willson, J., and Bailey, J.
#### Lawrence S. Schek, Appellant, v Vinni M. Schek, Respondent.

[856 NYS2d 127]

*626The award of a reasonable attorney’s fee is a matter within the sound discretion of the trial court *(see*Domestic Relations Law § 237 [a]; *DeCabrera v Cabrera-Rosete,*70 NY2d 879 [1987]). An award of an attorney’s fee should be based upon, inter alia, the relative financial circumstances of the parties, the relative merits of their positions, and the tactics of a party in unnecessarily prolonging the litigation *(see*Domestic Relations Law § 237 [a]; *DeCabrera v Cabrera-Rosete,*70 NY2d at 881; *Levy v Levy,*4 AD3d 398, 398-399 [2004]; *Krutyansky v Krutyansky,*289 AD2d 299, 300 [2001]; *Morrissey v Morrissey,*259 AD2d 472, 473 [1999]). The fact that the defendant wife has assets is not, by itself, a basis to deny a motion for an attorney’s fee, as she “need not establish indigency as a prerequisite to an award of counsel fees” *(Lenczycki v Lenczyeki,*152 AD2d 621, 624-625 [1989]).

In view of the disparity between the incomes and resources of the parties *(see Levy v Levy,*4 AD3d 398 [2004]), and the difficulties encountered in obtaining paper discovery from the plaintiff *(cf. Griggs v Griggs,*44 AD3d 710, 714 [2007]), the court providently exercised its discretion in awarding the defendant an attorney’s fee in the sum of $60,000. Spolzino, J.P., Florio, Angiolillo and Dickerson, JJ., concur.
# table139_q15.2_naics
Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A15A1906. LORENZO MARQUETTE ISHMAN v. THE STATE.

On November 22, 2011, Lorenzo Ishman pled guilty to severalfelony offenses. 

Ishman filed a pro se notice of appeal on September 25, 2012. We lack jurisdiction.

A notice of appeal must be filed within 30 days after entry of the appealable

order. See OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is

an absolute requirement to confer jurisdiction on this Court. See Rowland v. State,

264 Ga. 872 (1) (452 SE2d 756) (1995). Because Ishman filed his notice of appeal

308 days after entry of the order he wishes to appeal, his appeal is untimely. 

Accordingly, we lack jurisdiction to consider this appeal, which is hereby

DISMISSED.

We note, however, thatIshmanmay be entitled to pursue an out-of-time appeal. 

He is therefore informed of the following in accordance with Rowland v. State, supra:

This appeal has been dismissed because you failed to file a timely notice of appeal. 

If you still wish to appeal, you may petition the trial court for leave to file an out-oftime appeal. If the trial court grants your request, you will have 30 days from the

entry of that order to file a notice of appeal referencing your conviction. If the trial

court denies your request, you will have 30 days from the entry of that order to file

a notice of appeal referencing the denial of your request for an out-of-time appeal.

July 15, 2015
Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

07/15/2015
Labor Employer Reporting Instructions

Part VIII - Employer Reporting System (ERS) Internet User Instructions

Chapter 3b: How to Initiate Service and Compensation Reports

 Form BA-6a, Form BA-6 Address Report 

1

BA-6a Initiated by Employer

Employers are responsible to annually report addresses for new hires in the previous year. Address 

changes are reported by the employee, not the employer. 

Click BA-6a under the Forms menu. This brings up a blank BA-6a screen. Enter the employee 

identifying data as usual. Keep in mind that these are new hires and, as such, may be new records 

at the RRB. Entry of a middle initial is optional. Type the address information and click the 

approve button. 

Process Buttons

1. Approve - click this to process the completed BA-6a and certify the data to the RRB.

2. Reset - click this to clear your address entries.

3. Cancel - click this to exit the BA-6a process without updating an address.

4. Delete - click this to delete the BA-6a form.
# table151_q15.6_naics
52 Occupational Outlook Quarterly ● Spring 2002

$80,200

70,500

55,300

46,300

35,400

32,400

28,800

21,400

Professional degree

Doctorate

Master’s degree

Bachelor’s degree

Associate degree

Some college, no degree

High school diploma

(including GED)

Some high school, no diploma

Median earnings for year-round, full-time workers

ages 25 and older, by educational attainment, 2000

Education pays

52 Occupational Outlook Quarterly ● Spring 2002

The road to riches is paved by education—or so the data suggest.

As the chart shows, median annual earnings in 2000 increased

with educational attainment. There was a substantial earnings

differential from the highest to the lowest levels of attainment:

the median earnings of workers who had a professional degree

were more than 31⁄2 times those of high school dropouts. But

workers did not need that much education to earn a bigger

paycheck; the payoff began for those who completed high school.

For example, the $

7,400 differential for workers with a high

school diploma over those who did not graduate represents a

35-percent increase in median annual earnings.
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________ No. 95-60197 Conference Calendar

__________________ UNITED STATES OF AMERICA, Plaintiff-Appellee,
versus WILLIAM DARRELL ANDERSON, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Mississippi

USDC No. 4:94-CR-4-BN
- - - - - - - - - - June 27, 1995 Before JONES, WIENER, and EMILIO M. GARZA, Circuit Judges. PER CURIAM: * Appellant William Darrell Anderson has filed motions for the appointment of counsel and for preparation of transcripts at government expense. The motions are DENIED and the appeal is DISMISSED. After being convicted of a federal offense, Anderson was sentenced to serve a term of imprisonment and to supervised release. The judgment was entered August 23, 1994. Anderson did not appeal from the judgment of conviction, but on December 27,No. 95-60197 -2- 1994, he filed a motion dated December 19, 1994, requesting leave to file an out-of-time notice of appeal therefrom and his sentencing transcripts. A convicted defendant has ten days after entry of the judgment of conviction and sentence in which to file a notice of appeal therefrom. The time for filing the notice can be extended 30 days in the event of excusable neglect. Fed. R. App. P. 4(b). Because Anderson's motion for leave to file an out-of-time notice of appeal was not filed within 40 (10 + 30) days after entry of the judgment of conviction, the district court lacked jurisdiction to entertain the motion. See United States v. Lewis , 921 F.2d 563, 564-65 (5th Cir. 1991). MOTIONS DENIED; APPEAL DISMISSED.
Presidential Documents

30209 

Federal Register 

Vol. 74, No. 120 

Wednesday, June 24, 2009 

Title 3— 

The President 

Notice of June 22, 2009 

Continuation of the National Emergency With Respect to the 

Western Balkans 

On June 26, 2001, by Executive Order 13219, the President declared a 

national emergency with respect to the Western Balkans, pursuant to the 

International Emergency Economic Powers Act (50 U.S.C. 1701–1706), to 

deal with the unusual and extraordinary threat to the national security 

and foreign policy of the United States constituted by the actions of persons 

engaged in, or assisting, sponsoring, or supporting (i) extremist violence 

in the Republic of Macedonia and elsewhere in the Western Balkans region, 

or (ii) acts obstructing implementation of the Dayton Accords in Bosnia 

or United Nations Security Council Resolution 1244 of June 10, 1999, in 

Kosovo. The President subsequently amended that order in Executive Order 

13304 of May 28, 2003. 

Because the actions of persons threatening the peace and international stabilization efforts in the Western Balkans continue to pose an unusual and 

extraordinary threat to the national security and foreign policy of the United 

States, the national emergency declared on June 26, 2001, and the measures 

adopted on that date and thereafter to deal with that emergency, must 

continue in effect beyond June 26, 2009. Therefore, in accordance with 

section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am 

continuing for 1 year the national emergency with respect to the Western 

Balkans. 

This notice shall be published in the Federal Register and transmitted 

to the Congress. 

THE WHITE HOUSE, 

June 22, 2009. 

[FR Doc. E9–15103 

Filed 6–23–09; 11:15 am] 

Billing code 3195–W9–P 


OB#1.EPS</GPH>
# table5a_q2_state

# table5b_q2_state

# table5c_q2_state

# table5d_q2_state

# table5e_q2_state

# table5f_q2_state

# table5g_q2_state
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 Quarterly Report of Affinion Group, Inc. (the Company) on Form 10-Q for the quarter ended
March 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the Form 10-Q), I, Todd H. Siegel, 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:



| | (i) | the Form 10-Q fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934; and
| | --- | --------------------------------------------------------------------------------------------------------------------------------



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



|                                                    
|----------------------------------------------------
|Dated: April 30, 2010                               
|                                                    
|/s/ Todd H. Siegel                                  
|Todd H. Siegel                                      
|Executive Vice President and Chief Financial Officer
---

Exhibit 32.1

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, Franco Perrotta, hereby certifies, pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that:

|(1) | the quarterly report on Form 10-Q of Legend Marketing
      Corp. for the quarter ended July 31, 2008 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 Form 10-Q fairly
      presents, in all material respects, the financial condition and results of
      operations of Legend Marketing Corp.                                               

Dated: June 12, 2009



| | /s/
      Franco Perrotta                              
| | -------------------------------------------------------
| | Franco Perrotta                                        
| | President, Secretary, Treasurer and Director           
| | (Principal Executive Officer, Principal
      Financial
| | Officer and Principal Accounting Officer)              

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 Legend Marketing
Corp. and will be retained by Legend Marketing Corp. and furnished to the
Securities and Exchange Commission or its staff upon request.

---
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

 Respondent

 v.

GEORGE NATHANIEL GREEN,

 Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 120 MAL 2015

Petition for Allowance of Appeal from the

Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 23rd day of July, 2015, the Petition for Allowance of Appeal is

DENIED.
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

 Respondent

 v.

TYRONE JOHNSTON,

 Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 159 EAL 2015

Petition for Allowance of Appeal from the

Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 21st day of July, 2015, the Petition for Allowance of Appeal is

DENIED.
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.                  

###### Farm Credit Administration

# AGENCY:

Farm Credit Administration.

# SUMMARY:

Notice is hereby given, pursuant to the Government in the Sunshine Act (5 U.S.C. 552b(e)(3)), of the regular meeting of the Farm Credit Administration Board (Board).

# Date and Time:

The regular meeting of the Board will be held at the offices of the Farm Credit Administration in McLean, Virginia, on July 9, 2009, from 9 a.m. until such time as the Board concludes its business.

# FOR FURTHER INFORMATION CONTACT:

Roland E. Smith, Secretary to the Farm Credit Administration Board, (703) 883-4009, TTY (703) 883-4056.

# ADDRESSES:

Farm Credit Administration, 1501 Farm Credit Drive, McLean, Virginia 22102-5090.

# SUPPLEMENTARY INFORMATION:

Parts of this meeting of the Board will be open to the public (limited space available), and parts will be closed to the public. In order to increase the accessibility to Board meetings, persons requiring assistance should make arrangements in advance. The matters to be considered at the meeting are:

## Open Session

### A. Approval of Minutes

    - June 11, 2009

### B. New Business

    - Farm Credit System Compensation Committees—Proposed Bookletter;
    - Determining Eligibility and Scope of Financing for Limited Liability Companies—Proposed Bookletter;
    - Borrower Rights—Frequently Asked Questions.

### C. Reports

    - Office of Examination Quarterly Report

## Closed Session*

    - Update on Office of Examination Oversight Activities

*Session Closed—Exempt pursuant to 5 U.S.C. 552b(c)(8) and (9).

Dated: June 24, 2009.

Roland E. Smith,

Secretary, Farm Credit Administration Board.

[FR Doc. E9-15448 Filed 6-25-09; 4:15 pm]

BILLING CODE 6705-01-P