alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 10.4
 (MIDQUIST LOGO)
    
    Corporate Offices
1000 Bishops Gate Blvd, Suite 300
Mount Laurel, NJ 08054-4632
  
  Company Employment Commencement Date Employee Section 6
 Term and Location Term Section 4
 Consideration
 Compensation




---



##### 



Section 4
 Long Term Incentives
 Covenants.
 Non-Solicitation
    Non-Disclosure
 -2-




---



##### 



Non-Competition
 Intellectual Property & Company Creations.
 Ownership
  -3-




---



##### 



Disclosure & Cooperation
 Acknowledgments
 Enforcement
   -4-




---



##### 



Section 4
 Section 3(f)(2)
   Section 3
 Termination provided, however Section
3(f)(2) Section 4 Section 4
 Miscellaneous
 Other Agreements
 -5-




---



##### 



Entire Agreement; Amendment
 Waiver
 Governing Law
 Severability
 Wage Claims
 Successors and Assigns
 Section Headings
 Counterparts
 Indemnification
 -6-




---



##### 



Definitions
 Business
 Cause nolo contendere
 Covenants Section 3
  Sincerely,MedQuist Inc.By:
    /s/ Peter MasanottiPeter MasanottiPresident & CEO  /s/ Kevin PiltzKevin Piltz
 5/18/2009
 -7-
#### Flint *v.*County Com’rs Republic Co.

*(Circuit Court, D. Kansas.*

1886.

1. Taxation—Void Sales—Action to Recover. Money Paid—Pleadings.

Under Kansas tax laws of 1868, § 120, a party seeking to recover from the county money paid at tax sales, the tax title having failed, must show return of tax certificates, or an offer to return them, before suit brought.

2. Same—Liability of Counties—Return of Certificates.

Counties are entitled to the actual return and surrender of certificates issued at illegal tax sales, before being called upon to refund money paid them on such sales.

Action by holder of tax certificates to recover purchase money on failure of tax title, land not having been liable to taxation at time of sale. Defendants demur.

*F. M. Clark,*for plaintiff.

*T. M. Noble,*for defendants.

Brewer, J.

The demurrer must be sustained. The defendant is under no obligation to return taxes upon failure of tax titles, except *851as some statute requires it. *Commissioners Lyon Co.*v. Goddard, 22 Kan. 389. Before the county can be held liable, default on the part of the treasurer must he alleged, or some interference with him by the commissioners. *Commissioners Saline Co.*v. *Geis,*22 Kan. 381. The plaintiff must rely on section 120 of the tax laws of 1868, for without that the statute of limitations would plainly bar. This provides that if the county clerk discovers that tho land ought not to be conveyed, he shall not convey it; and also that the county treasurer shall, on the return of the tax certificate, refund the tax money. This petition does not allege when, if ever, the county clerk discovered that the land ought not to be conveyed, or that the tax certificate was ever returned, or offered to ho returned. Whether tho first matter is a fatal defect need not be determined. The second is vital. Perhaps the failure to return was one of tho reasons why the treasurer refused to pay, and the commissioners to make any provision for payment. The lack of funds is not shown to be the only reason for refusal. Only inferentially does it appear that any demand was ever made on the treasurer; the demand is alleged to have been made upon tho county.

Leave is given to file an amended petition, with leave to answer.
#### UNITED STATES of America, Plaintiff-Appellee v. Rondrick Lamar GRAY, Defendant-Appellant.

No. 10-11150

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Dec. 17, 2012.

Jay Stevenson Weimer, Assistant U.S. Attorney, U.S. Attorney’s Office, Northern District of Texas, Fort Worth, TX, Jeffrey Robert Haag, Assistant U.S. Attorney, U.S. Attorney’s Office, Lubbock, TX, for Plaintiff-Appellee.

Richard Alan Anderson, Federal Public Defender, Federal Public Defender’s Office, Dallas, TX, David E. Sloan, Assistant Federal Public Defender, Federal Public Defender’s Office, Lubbock, TX, for Defendant-Appellant.

Before BENAVIDES, PRADO, and GRAVES, Circuit Judges.

PER CURIAM: *

This Court previously affirmed the sentence of Appellant because *United States v. Tickles,*661 F.3d 212 (5th Cir.2011) (per curiam), held that the Fair Sentencing Act of 2010 (“FSA”) does not apply retroactively to a defendant who is sentenced after the effective date of the FSA if the offense preceded that effective date. *See*661 F.3d at 214-15. However, in *United States v. Berry,*No. 11-51050, 701 F.3d 808 (5th Cir. Nov. 26, 2012) (per curiam), this Court determined that *Tickles*had been overruled by *Dorsey v. United States,*— U.S.-, 132 S.Ct. 2321, 183 L.Ed.2d 250 (2012). In *Dorsey,*the Supreme Court announced that the more lenient penalties of the FSA apply to offenders who were sentenced after the effective date of the FSA if the underlying offense was committed before the effective date of the FSA. 132 S.Ct. at 2326.

The Supreme Court granted certiorari, vacated, and remanded this case for further consideration in light of *Dorsey.*We, therefore, VACATE the judgment of sentence and REMAND for resentencing in accordance with *Dorsey.*

*

 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.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from
EnviroSource, Inc.'s Form 10-K for the period ended December 31, 1995 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-31-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                           8,367
<SECURITIES>                                         0
<RECEIVABLES>                                   37,937
<ALLOWANCES>                                       729
<INVENTORY>                                          0
<CURRENT-ASSETS>                                53,827
<PP&E>                                         287,198
<DEPRECIATION>                                 124,636
<TOTAL-ASSETS>                                 449,682
<CURRENT-LIABILITIES>                           87,926
<BONDS>                                        275,158
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,010
<OTHER-SE>                                      30,594
<TOTAL-LIABILITY-AND-EQUITY>                   449,682
<SALES>                                              0
<TOTAL-REVENUES>                               264,684
<CGS>                                                0
<TOTAL-COSTS>                                  196,383
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              27,400
<INCOME-PRETAX>                                 16,112
<INCOME-TAX>                                     5,608
<INCOME-CONTINUING>                             10,504
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                  (806)
<CHANGES>                                            0
<NET-INCOME>                                     9,698
<EPS-PRIMARY>                                      .20
<EPS-DILUTED>                                      .20
        

</TABLE>
No. 819.

#### Canadian River Gas Co. *v.*Higgins, formerly Collector of Internal Revenue.

May 27, 1946.

The motion for leave to file petition for rehearing out of time is granted, and the petition for rehearing is denied. 327 U. S. 793.
**EXHIBIT 32.1**

**CERTIFICATIONOF PRINCIPAL EXECUTIVE OFFICER PURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

Inconnection with the Quarterly Report of International Fight League, Inc. (the “Company”)on Form 10-Q for the quarter ended June 30, 2007 as filed with the Securitiesand Exchange Commission on the date hereof (the “Report”), I, Gareb Shamus,Chairman, Chief Executive Officer and President of the Company, certify,pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

(1)                    The Reportfully complies with the requirements of Section 13(a) of the SecuritiesExchange Act of 1934; and

(2)                    Theinformation contained in the Report fairly presents, in all material respects,the consolidated financial condition of the Company as of the dates presentedand the consolidated result of operations of the Company for the periodspresented.
| Dated: August 14, 2007                          |   |   |   |   |   |   |
|-------------------------------------------------|--------|--------|--------|--------|--------|--------|
|                                            |   |   |   |   |   |   |
|  /s/ Gareb  Shamus                         |   |   |   |   |   |   |
| Gareb Shamus                                    |   |   |   |   |   |   |
| Chairman, Chief Executive Officer and President |   |   |   |   |   |   |

 

----
Table 34. Labor force status of persons 16 to 24 years old by school enrollment, sex, and educational 

attainment, October 2008

(Numbers in thousands)

Enrolled in school........................... 21,348 8,974 42.0 7,907 37.0 1,067 11.9 12,374 

 Women........................................ 10,865 4,888 45.0 4,426 40.7 463 9.5 5,977 

 Men.............................................. 10,483 4,086 39.0 3,482 33.2 604 14.8 6,397 

 Enrolled in high school 1

..................... 9,677 2,661 27.5 2,099 21.7 562 21.1 7,016 

 Women........................................ 4,686 1,389 29.6 1,139 24.3 251 18.0 3,297 

 Men........................................... 4,991 1,272 25.5 960 19.2 311 24.5 3,720 

 Enrolled in college.......................... 11,671 6,313 54.1 5,809 49.8 505 8.0 5,358 

 Women........................................ 6,179 3,499 56.6 3,287 53.2 212 6.1 2,680 

 Men........................................... 5,492 2,814 51.2 2,522 45.9 293 10.4 2,678 

Not enrolled in school....................... 16,220 12,957 79.9 11,113 68.5 1,845 14.2 3,263 

 Women........................................ 7,756 5,728 73.9 5,084 65.6 644 11.2 2,028 

 Less than a high school diploma ...... 1,403 697 49.6 523 37.2 174 25.0 707 

 High school graduates, no college 2 . 3,200 2,274 71.1 1,982 61.9 292 12.8 926 

 Some college or associate degree ... 1,953 1,629 83.4 1,525 78.1 104 6.4 324 

 Bachelor’s degree and higher ........... 1,200 1,128 94.1 1,054 87.9 74 6.6 71 

 Men............................................. 8,465 7,229 85.4 6,028 71.2 1,201 16.6 1,236 

 Less than a high school diploma ...... 1,606 1,204 74.9 887 55.2 317 26.3 403 

 High school graduates, no college 2 . 4,121 3,487 84.6 2,874 69.7 613 17.6 634 

 Some college or associate degree ... 1,859 1,696 91.3 1,498 80.6 198 11.7 162 

 Bachelor’s degree and higher ........... 879 842 95.8 769 87.5 73 8.7 37 

 Not in 

labor 

Total force 

Percent 

of 

population 

 Employed Unemployed 

Total

Percent 

of 

population 

Total

Percent 

of labor 

force

Characteristic

 Civilian 

noninstitutional 

population 

 Civilian labor force 

 1 Includes a small number of persons enrolled in grades below high school. 

 2 Includes high school diploma or equivalent.

 NOTE: Because of rounding, sums of individual items may not equal totals. 

SOURCE: October 2008 School Enrollment supplement to the Current Population Survey, U.S. Department of Labor, U.S.

Bureau of Labor Statistics. 

89
<TABLE> <S> <C>

<ARTICLE> 5
<RESTATED> 
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                         342,794
<SECURITIES>                                         0
<RECEIVABLES>                                  120,244
<ALLOWANCES>                                     6,044
<INVENTORY>                                          0
<CURRENT-ASSETS>                               475,275
<PP&E>                                       1,120,706
<DEPRECIATION>                                 107,918
<TOTAL-ASSETS>                               2,446,843
<CURRENT-LIABILITIES>                          176,201
<BONDS>                                      1,741,552
<PREFERRED-MANDATORY>                          334,742
<PREFERRED>                                    366,695
<COMMON>                                           205
<OTHER-SE>                                    (163,810)        
<TOTAL-LIABILITY-AND-EQUITY>                 2,446,843
<SALES>                                         21,821
<TOTAL-REVENUES>                               136,786
<CGS>                                           13,690
<TOTAL-COSTS>                                  100,266
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 2,731
<INTEREST-EXPENSE>                              49,301
<INCOME-PRETAX>                               (152,175)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (152,175)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (170,769)
<EPS-PRIMARY>                                    (9.67)
<EPS-DILUTED>                                    (9.67)
        

</TABLE>
Exhibit
32.1





Certification


Pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002


(Subsections
(a) and (b) of Section 1350, Chapter 63 of Title 18, United States
Code)





Pursuant
to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of
section 1350, chapter 63 of title 18, United States Code), each of the
undersigned officers of ARIAD Pharmaceuticals, Inc., a Delaware corporation (the
“Company”), does hereby certify, to such officer’s knowledge, that:





The
Quarterly Report on Form 10-Q for the period ended September 30, 2008 (the “Form
10-Q”) of the Company fully complies with the requirements of section 13(a) or
15(d) of the Securities Exchange Act of 1934, and information contained in the
Form 10-Q fairly presents, in all material respects, the financial condition and
results of operations of the Company.





Date:  November
      10, 2008
              /s/ Harvey J. Berger,
      M.D.Harvey
      J. Berger, M.D.

                  Chairman
      and Chief Executive Officer
  Date:  November
      10, 2008
              /s/ Edward M.
      FitzgeraldEdward
      M. Fitzgerald
                  Senior
      Vice President,
                    Chief
      Financial Officer

                      (Principal
      financial officer and chief accounting
      officer)





A signed
original of this written statement required by Section 906 has been provided to
the Company and will be retained by the Company and furnished to the Securities
and Exchange Commission or its staff upon request.










36
[Nos. 29871-6-II; 30971-8-II.

Division Two.

December 6, 2005.]

#### The State of Washington, *Respondent,*v. Ira Michael Crenshaw, *Appellant.*

Appeals from a judgment of the Superior Court for Pierce County, No. 99-1-01397-4, Vicki L. Hogan, J., entered December 20, 2002. *Affirmed*by unpublished opinion per Hunt, J., concurred in by Armstrong, J., and Morgan, J. Pro Tern.
Exhibit 32.1
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO
18 U.S.C. SECTION 1350
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (1)
    
    The Quarterly Report on Form 10-Q of the Company for the quarterly period ended
June 30, 2009 (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 operation of the Company.
 By:
Name:
    
    /s/ Michael Nole

Michael NoleTitle:
    
    Chief Executive OfficerDate:
    
    August 14, 2009
Exhibit 12.1





BETTER MINERALS & AGGREGATES COMPANY



RATIO OF EARNINGS TO FIXED CHARGES

(Dollars in Thousands)





|                                     |  | Year Ended December 31, |         
|------------------------------------ |  | ----------------------- | --------
|                                     |  | 2002                    |         
|                                    
|Earnings                             |  |                         |         
|Income (loss) before income taxes    |  | $                       | (146,826
|Fixed charges                        |  |                         | 32,508  
|                                     |  |                         |         
|Total earnings                       |  | $                       | (114,318
|                                     |  |                         |         
|                                    
|Fixed Charges                        |  |                         |         
|Interest expense                     |  | $                       | 32,089  
|Estimated interest in rental expense |  |                         | 419     
|                                     |  |                         |         
|Total fixed charges                  |  | $                       | 32,508  
|                                     |  |                         |         
|Ratio of Earnings to Fixed Charges   |  |                         |        





Earnings were insufficient to cover fixed charges by $ 146.8 million, $12.3 million, $20.6 million and $16.9 million for the years ended
December 31, 2002, 2001, 2000 and 1998, respectively.
[No. 54906-5-I.

Division One.

October 31, 2005.]

#### The State of Washington, *Respondent,*v. Larnel W. Lofton, *Appellant.*

Appeal from a judgment of the Superior Court for King County, No. 03-1-09842-2, Douglass A. North, J., entered July 30, 2004. *Affirmed*by unpublished per curiam opinion.
### Michigan Supreme Court Lansing, Michigan

Robert P. Young, Jr.,
Chief Justice

Michael F. Cavanag h Marilyn Kell y Stephen J. Markma n Diane M. Hathawa y Mary Beth Kell y Brian K. Zahra,

J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk June 28, 2011

t0620 

# Order

June 28, 2011

142927-8

KIRK LEAPHART, Plaintiff-Appellant,

v SC: 142927-8 COA: 301288, 301338 Wayne CC: 09-026822-NO FOURMIDABLE GROUP, INC., and DETROIT HOUSING COMMISSION, Defendants-Appellees.

________________ _______________ __________/

On order of the Court, the application fo r leave to appeal the March 28, 2011 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          APR-30-2001
<PERIOD-END>                               JAN-31-2001
<CASH>                                       1,022,877
<SECURITIES>                                         0
<RECEIVABLES>                                2,511,351
<ALLOWANCES>                                  (75,935)
<INVENTORY>                                  2,381,259
<CURRENT-ASSETS>                             6,135,923
<PP&E>                                       5,430,471
<DEPRECIATION>                             (1,665,742)
<TOTAL-ASSETS>                              11,332,352
<CURRENT-LIABILITIES>                        1,756,335
<BONDS>                                      1,160,838
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         3,629
<OTHER-SE>                                   8,062,650
<TOTAL-LIABILITY-AND-EQUITY>                11,332,352
<SALES>                                     15,093,520
<TOTAL-REVENUES>                            15,140,191
<CGS>                                       10,156,222
<TOTAL-COSTS>                               13,120,976
<OTHER-EXPENSES>                                11,968
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             109,097
<INCOME-PRETAX>                              1,898,150
<INCOME-TAX>                                   716,249
<INCOME-CONTINUING>                          1,181,901
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,181,901
<EPS-BASIC>                                        .36
<EPS-DILUTED>                                      .36


</TABLE>
No. 971.

#### Stassi *v.*United States.

June 10, 1946.
IN THE

TENTH COURT OF APPEALS

No. 10-12-00417-CR

HAMIS ATHOMAN CHANDE,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 19th District Court

McLennan County, Texas

Trial Court No. 2012-338-C1

ORDER

The State has filed a motion for extension of time to file its brief in this appeal. 

The basis of the motion is that the appellant, who has been allowed to represent himself 

on appeal, has checked out the record from the district clerk, used it to prepare his brief, 

and now refuses to return it to the district clerk. This refusal prevents the district 

attorney from filing the State’s brief.

The briefing schedule is stayed. The State’s motion is dismissed as moot.
Chande v. State Page 2

Appellant, Hamis Athoman Chande, is hereby ordered to return the full record 

in its original condition and arrangement to Karen Matkin, the District Clerk of 

McLennan County, at the McLennan County Courthouse, 501 Washington Avenue, 

Annex Building, Suite 300, Waco, Texas, within 14 days from the date of this Order. If 

Chande fails or refuses to return the record, as ordered, the Court will impose 

appropriate sanctions to include a requirement that Chande pay for the preparation of a 

duplicate record or dismissal of his appeal for impairing the State’s ability to timely file 

a response and under our inherent authority to manage and control our docket.

Chande’s actions have delayed the presentation of his appeal and it can be 

inferred from his efforts to delay the disposition of his appeal that it is being pursued to 

delay rather than achieve a just disposition.

The State’s brief is not due until 30 days after the record has been returned as 

ordered herein and this Court is notified by Chande that the record has been received 

by the district clerk.

It is so ordered.

PER CURIAM

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Order issued and filed January 30, 2014
Exhibit 99

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

I, Barbara Page, principal executive and financial officer of Westland
Development Co., Inc. (the "Company"), certify, pursuant to 18
U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that:

1.                The annual Report on Form 10-KSB of the Company for the year
                  ended June 30, 2003 (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.



Barbara Page
-------------------------------------------------------
Barbara Page, Principal Executive and Financial Officer
September 16, 2003