alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This memorandum opinion was not selected for publi cation in the New Mexico Reports. Please see 1 Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please 2 also note that this electronic memorandum opinion ma y contain computer-generated errors or other 3 deviations from the official paper version file d by the Court of Appeals and does not include the 4 filing date. 5 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 6

SETON FAMILY TRUST 7 INTERESTS by TRUSTEE 8 RICHARD A. VAN AUKEN; 9 and RICHARD A. VAN AUKEN, 10 Plaintiff-Appellants, 11 v. NO. 30,087 12 PETER F. WIRTH, ESQ.; FLETCHER 13 R. CATRON, ESQ., CATRON, CATRON 14 & POTTOW, P.A.; SAWTELL, WIRTH 15 & BIEDSCHEID, P.C.; MICHAEL T. 16 POTTOW, ESQ.; BRYAN P. BIEDSCHEID, ESQ; 17 W. ANTHONY SAWTELL, ESQ; THOMAS B. 18 CATRON, ESQ.; JOHN S. CATRON, ESQ.; 19 KAREN AUBREY, ESQ.; BRIGGS CHENEY, ESQ.; 20 PREBYTERIAN MEDICAL SERVICES FOUNDATION; 21 MARIE HARRISON; and DOES 1 THROUGH 20 22 INCLUSIVE, 23 Defendants-Appellees. 24

APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY 25 James A. Hall, District Judge 26 Seton Family Trust Interests by Trustee 27 Richard A. Van Auken 28 Santa Fe, NM 29 Pro Se Appellant 30 Law Office of Karen Aubrey 312 Karen Aubrey 1 Santa Fe, NM 2 for Appellee Karen Aubrey 3 Law Office of Jack Brant, P.C. 4 John M. Brant 5 Albuquerque, NM 6 for Appellees 7 Catron, Catron and Pottow, P.A. 8 Sawtell, Wirth & Biedscheid 9 Peter F. Wirth 10 Michael T. Pottow 11 Fletcher R. Catron 12 Bryan P. Biedscheid 13 W. Anthony Sawtell 14 Thomas B. Catron 15 John S. Catron 16

MEMORANDUM OPINION 17 FRY, Chief Judge. 18 Plaintiffs appeal from an order granti ng a protective order to Defendant Karen 19 Aubrey. [DS 2] We issued a notice of proposed summary disposition proposing to 20 dismiss the appeal for lack of a final orde r and mootness. Plaintiffs filed a timely 21 memorandum in support agreeing with our proposed analysis. [MIS 2] Plaintiffs also 22 filed a motion requesting this Court to c onsolidate this appeal with No. 30,215. [MIO 23 2-3] For the reasons in the notice of propos ed disposition, we dismiss this appeal. By 24 separate order, we also deny the motion to consolidate. 253 IT IS SO ORDERED. 1

2 CYNTHIA A. FRY, Chief Judge 3

WE CONCUR: 4

5 ROBERT E. ROBLES, Judge 6

7 LINDA M. VANZI, Judge 8
HOUSEHOLD DATA

ANNUAL AVERAGES

19. Persons at work in agriculture and nonagricultural industries by hours of work

[Numbers in thousands]

Hours of work

2021

Persons at work Percent distribution

All

industries

Agriculture

and related

industries

Nonagricultural

industries

All

industries

Agriculture

and related

industries

Nonagricultural

industries

Total, persons at work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146,758 2,202 144,556 100.0 100.0 100.0

1 to 34 hours. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32,673 527 32,147 22.3 23.9 22.2

1 to 4 hours. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,512 43 1,469 1.0 1.9 1.0

5 to 14 hours. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,002 129 4,874 3.4 5.9 3.4

15 to 29 hours. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16,242 239 16,003 11.1 10.8 11.1

30 to 34 hours. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9,917 116 9,801 6.8 5.3 6.8

35 hours and over. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114,085 1,676 112,409 77.7 76.1 77.8

35 to 39 hours. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8,843 94 8,749 6.0 4.3 6.1

40 hours. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71,177 770 70,407 48.5 35.0 48.7

41 hours and over. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34,065 812 33,254 23.2 36.8 23.0

41 to 48 hours. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11,737 126 11,612 8.0 5.7 8.0

49 to 59 hours. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13,456 262 13,194 9.2 11.9 9.1

60 hours and over. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8,872 423 8,448 6.0 19.2 5.8

Average hours, total at work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38.7 42.1 38.7 – – –

Average hours, persons who usually work full time. . . . . . . . . . . . . . . . . . . . . . . 42.1 47.6 42.1 – – –

NOTE: Updated population controls are introduced annually with the release of January data. Dash indicates no data or data that do not meet publication criteria (values

not shown where base is less than 35,000).

1
# table14full05

&8Page &P of &N
No. 1133.

#### Tomanek *v.*Illinois.

May 13, 1946.

Petition for writ of certiorari to the Supreme Court of Illinois denied.
EX-10.2



 Exhibit 10.2 
 CSS Industries, Inc. 
 1845 Walnut Street 

Suite 800 

Philadelphia, PA 19103-4755 
 (215) 569-9900 
 FAX (215) 569-9979 

Executive Office 

March 19,
2013                                         
        
 Personal and Confidential 
 Mr. Vincent A. Paccapaniccia 
 1721 Meetinghouse Lane 

Yardley, PA 19067 
 Dear Vince: 

The purpose of this letter agreement is to amend certain provisions of your offer letter, dated March 25, 2010 (the “Offer Letter”). As we
discussed, we have agreed as follows: 
  

	1.	Effective immediately, Section 1 of the Offer Letter shall be amended in its entirety to read as follows: 


1. Contract Term – The term of your employment will be five (5) years, commencing March 31, 2010 and ending
March 31, 2015, unless terminated earlier by you or by CSS at any time as provided herein. Thereafter, your employment status with CSS will continue to be that of an employee at-will, subject to termination by either you or CSS at any time.

 2. Effective immediately, the following paragraph shall be added as a new second paragraph to Section 4 of the Offer Letter: 

In the event that CSS terminates your employment without cause at any time on or after March 31, 2013 but prior to March 31,
2015, and subject to your compliance with the terms and conditions of this letter agreement, CSS will pay you an amount equal to one year of your then-current annual base salary (less applicable tax withholdings and payroll deductions). 

In all other respects, the Offer Letter shall remain in full force and effect according to its terms and conditions. 








 Mr. Vincent A. Paccapaniccia 
 March 19, 2013 
 Page 2 

 

 Please confirm your understanding of the foregoing provisions by executing the enclosed counterpart of
this letter and returning the executed counterpart to me. 
  

	
	Sincerely yours,
	
	/s/ Christopher J. Munyan
	Christopher J. Munyan
	President and Chief Executive Officer
	CSS Industries, Inc.


 The aforementioned is confirmed as of this 19th day of March, 2013: 

 

	
	 /s/ Vincent A. Paccapaniccia

	Vincent A. Paccapaniccia

  

	cc:	William G. Kiesling
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 9
<LEGEND>
The schedule contains summary financial information extracted from the Form 10-Q
and is qualified in its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                       3,190,286
<INT-BEARING-DEPOSITS>                      20,928,739
<FED-FUNDS-SOLD>                             4,438,487
<TRADING-ASSETS>                             2,058,148
<INVESTMENTS-HELD-FOR-SALE>                          0
<INVESTMENTS-CARRYING>                      44,068,908
<INVESTMENTS-MARKET>                        44,056,875
<LOANS>                                    243,462,827
<ALLOWANCE>                                    902,800
<TOTAL-ASSETS>                             320,295,177
<DEPOSITS>                                 260,433,989
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                          9,690,269
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        35,251
<OTHER-SE>                                  50,135,668
<TOTAL-LIABILITIES-AND-EQUITY>             320,295,177
<INTEREST-LOAN>                             10,056,446
<INTEREST-INVEST>                            1,846,469
<INTEREST-OTHER>                                66,986
<INTEREST-TOTAL>                            11,969,901
<INTEREST-DEPOSIT>                           6,440,549
<INTEREST-EXPENSE>                                   0
<INTEREST-INCOME-NET>                        5,529,352
<LOAN-LOSSES>                                        0
<SECURITIES-GAINS>                              43,023
<EXPENSE-OTHER>                              2,489,665
<INCOME-PRETAX>                              3,478,160
<INCOME-PRE-EXTRAORDINARY>                   3,478,160
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,234,691
<EPS-PRIMARY>                                     0.91
<EPS-DILUTED>                                     0.84
<YIELD-ACTUAL>                                    3.58
<LOANS-NON>                                  1,417,000
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                               902,800
<CHARGE-OFFS>                                        0
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                              902,800
<ALLOWANCE-DOMESTIC>                           277,000
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                        625,800
        

</TABLE>
#### Byron SARTOR, Plaintiff-Appellant v. Tony COLE, Mayor, individually and in his capacity as Mayor of the City of Huttig; City of Huttig, Defendants-Appellees.

No. 12-2965.

United States Court of Appeals, Eighth Circuit.

Submitted: April 5, 2013.

Filed: April 10, 2013.

William Owen James, Jr., Marjorie Elizabeth Rogers, James Law Firm, Little Rock, AR, for Plaintiff-Appellant.

Mark R. Hayes, General Counsel, John Lennon Wilkerson, Arkansas Municipal League, North Little Rock, AR, for Defendants-Appellees.

Before LOKEN, MELLOY, and BENTON, Circuit Judges.

PER CURIAM.

Byron Sartor appeals following the district court’s1 adverse grant of summary judgment in his civil suit. Upon careful de novo review, *see Eddings v. City of Hot Springs,*323 F.3d 596, 601 (8th Cir.2003), we conclude that Sartor had no property interest in his employment, and thus no right to procedural due process, *see Sykes v. City of Gentry,*114 F.3d 829, 830-31 (8th Cir.1997) (any statutory prop*605erty interest plaintiff had in position as police chief was eliminated when Arkansas legislature enacted Ark.Code Ann. § 14-42-110(a)); *Batra v. Bd. of Regents of Univ. of Neb.,*79 F.3d 717, 720 (8th Cir.1996) (due process claim fails unless plaintiff has protected liberty or property interest). Further, we are not persuaded that an outgoing mayor can override the legislatively-granted hiring discretion of an incoming mayor by signing, during the outgoing mayor’s term, an employment contract with a city employee that extends for years into the incoming mayor’s term. *Cf. Packett v. Stenberg,*969 F.2d 721, 725 (8th Cir.1992) (public official, whose right to terminate at will was not limited by state law, was not bound by rules, regulations, or customs of outgoing official, and outgoing official’s policies could not extend beyond term of office).

Accordingly, we affirm. *See*8th Cir. R. 47B.

1

. The Honorable Susan O. Hickey, United States District Judge for the Western District of Arkansas.
**Exhibit 23**

 

**INDEPENDENT AUDITORS’ CONSENT**

 

We consent to the incorporation by reference in Registration Statements No. 333-81504 and 333-44430 of OPNET Technologies, Inc. on Form S-8 of our report dated April 23,2003, August 18, 2003 as to Note 19 (which expresses an unqualified opinion and includes an explanatory paragraph relating to the restatement described in Note 19), appearing in the Annual Report on Form 10-K/A of OPNET Technologies, Inc. for theyear ended March 31, 2003. 

 

DELOITTE &TOUCHE LLP 

 

McLean, Virginia 

August 18, 2003
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  Quarterly  Report of  Infinite  Group Inc.  (the
"Company")  on Form 10-QSB for the period ending June 30, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Michael
S. Smith, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
ss.  1350,  as adopted  pursuant to ss. 906 of the  Sarbanes-Oxley  Act of 2002,
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
Company.

      A signed  original  of this  written  statement  has been  provided to the
Company and will be retained  by the  Company  and  furnished  to the SEC or its
staff upon request.


/s/  MICHAEL S. SMITH
--------------------------------------------------------
     Michael S. Smith
     Chief Executive Officer and Chief Financial Officer

July 26, 2005


                                       25
# 19QRTL1_00
PROMISSORY NOTE


EXHIBIT 10.1




PROMISSORY NOTE




THIS PROMISSORY NOTE is made as of the 22nd day of March 2013 at 7877 Emerald Winds Circle, Boynton Beach, Florida 33473.




FOR VALUE RECEIVED, the undersigned Mister Goody, Inc., a Florida corporation (“Maker”), promises to pay to the order of Joel Arberman (“Payee”) the principal sum of ten thousand four hundred dollars ($10,400) in lawful money of the United States of America. This Promissory Note has zero interest.




Repayment of the principal shall be made on May 31, 2013. Maker may prepay the principal hereof in whole or in part at any time and from time to time without penalty or premium.




Maker hereby irrevocably waives presentment, protest, notice of protest, and dishonor. If any principal or interest is not paid within fifteen (15) days of the date when due, the holder hereof, at his option, may declare all remaining installments of principal immediately due and payable and proceed to collect the same at once.




MAKER:







By: /s/ Joel Arberman                

      Joel Arberman, president
Exhibit 23

INDEPENDENT AUDITORS' CONSENT

We consent to the  incorporation  by reference  in  Registration  Statement  No.
33-21142 on Form S-8 of our reports (which report on the consolidated  financial
statements   expresses  an  unqualified  opinion  and  includes  an  explanatory
paragraph  concerning  the  restatement to reflect the  Semiconductor  Equipment
Group as a discontinued  operation)  dated February 5, 1999 (October 29, 1999 as
to Note 12 of the Consolidated Financial Statements) appearing in this report on
Form 10-K/A of Watkins-Johnson Company for the year ended December 31, 1998.

Deloitte & Touche LLP
San Jose, California
October 29, 1999
No. 99-20837

-1-

 

* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 99-20837

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

OTIS GIBSON,

Defendant-Appellant.

--------------------

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-99-CR-48-1

--------------------

April 14, 2000

Before WIENER, DeMOSS, and PARKER, Circuit Judges.

PER CURIAM:*

Otis Gibson pleaded guilty to being a felon in possession of

a firearm and was sentenced to 120 months’ imprisonment. Gibson

seeks to appeal his sentence on the grounds that the district

court erred in enhancing his sentence for assaulting a law

enforcement officer and for possession of three firearms. He

contends that the record reflects that he did not knowingly and

voluntarily waive his right to appeal his sentence.

Gibson and the Federal Public Defender representing him

signed attestations attached to the plea agreement in which they
No. 99-20837

-2-

asserted that Gibson had read the plea agreement, had carefully

reviewed “every part” of the agreement with his attorney, and

that he understood it and voluntarily agreed to it. At the Rule

11 hearing, Gibson swore that he read and understood the plea

agreement and that he had willingly signed it.

When the record clearly shows that the defendant read and

understood the plea agreement and that he raised no question

regarding the waiver-of-appeal provision, the plea agreement is

upheld. United States v. Portillo, 18 F.3d 290, 292-93 (5th Cir.

1994). The district court asked Gibson if he had read and if he

understood the plea agreement. Gibson swore in the affirmative. 

There is nothing in the record to indicate that Gibson did not

understand or was confused by the waiver-of-appeal provision. To

the contrary, Gibson’s and his counsel’s attestations indicate

that he reviewed and understood “every part” of the plea

agreement. Gibson and counsel can hardly be heard to argue to

the contrary now, and we deem such argument to be frivolous. We

caution the Federal Public Defender that we do not look kindly

upon such frivolous appeals challenging the validity of a waiverof-appeal provision after the Federal Public Defender has

negotiated the plea agreement and has then represented to the

district court that the defendant has read and understood every

part of that agreement.

We hold that Gibson waived his right to appeal his sentence

in his plea agreement, and we DISMISS THIS APPEAL AS FRIVOLOUS. 

Portillo, 18 F.3d at 292-93.
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 Annual Report of Gulf Coast Oil & Gas, Inc. (the
"Company") on Form 10-KSB/A for the period ending December 31, 2005 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Rahim Rayani, President and Chief Executive Officer and Principal Financial
and Accounting Officer of the Company, certify pursuant to 18 U.S.C. ss.1350, as
adopted pursuant to ss.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) 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 Company.



Dated: July 13, 2006

                                       /s/ Rahim Rayani
                                       ----------------
                                       Rahim Rayani
                                       President and Chief Executive Officer
                                       Chief Financial Officer
/Securities and Exchange Commission
Washington, D.C.
Statement of registered  closed-end investment company with respect to purchases
of its own securities pursuant to Rule N-23(c)-1 during the last calendar month.

Report for the calendar month ending December 31, 1998

MFS Government Markets Income Trust
Date        Identification   Shares RepurchaseRepurchase       NAV       Broker
            of Security                       Price
12/9/98     Shares of        255,000          6.6875           7.53      Merrill
            Beneficial                                                   Lynch
            Interest


Total Shares Repurchased:   255,000
Remarks: None.

MFS Government Markets Income Trust
by:  W. Thomas London
         W. Thomas London
         Treasurer
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from June 30,
1998 10-QSB and is qualified in it's entirety by reference to such financial
statements.
</LEGEND>
<MULTIPLIER>                                   1
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-START>                                 JAN-01-1998
<PERIOD-END>                                   JUN-30-1998
<CASH>                                           1,036,491
<SECURITIES>                                             0
<RECEIVABLES>                                    1,027,250
<ALLOWANCES>                                        56,299
<INVENTORY>                                        212,518
<CURRENT-ASSETS>                                 2,616,327
<PP&E>                                           6,384,812
<DEPRECIATION>                                   1,632,160
<TOTAL-ASSETS>                                   8,026,442
<CURRENT-LIABILITIES>                            2,558,168
<BONDS>                                          2,871,559
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                            13,326
<OTHER-SE>                                       2,583,389
<TOTAL-LIABILITY-AND-EQUITY>                     8,026,442
<SALES>                                          3,765,123
<TOTAL-REVENUES>                                 3,765,123
<CGS>                                            2,225,839
<TOTAL-COSTS>                                    2,225,839
<OTHER-EXPENSES>                                   520,309
<LOSS-PROVISION>                                    17,766
<INTEREST-EXPENSE>                                 135,659
<INCOME-PRETAX>                                   (812,224)
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                               (291,915)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                      (812,224)
<EPS-PRIMARY>                                         (.67)
<EPS-DILUTED>                                         (.07)
        


</TABLE>