alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### BAKERS ENGINEERING & EQUIPMENT CO. v. REED et al.

No. 7381.

United States District Court W. D. Missouri, W. D.

April 29, 1952.

Claude A. Fishburn and Orville O. Gold, Kansas City, Mo., for plaintiff.

O. T. Thomsen, Kansas City, Mo., for defendant.

REEVES, Chief Judge.

This is a simple action for the alleged infringement of a trade-mark and for unfair competition. It is charged that Paul N. Reed and the Reed Oven Company are infringing a trade-mark adopted, used and registered by the plaintiff.

The answers of the defendants put in issue the validity of said registered trade-name and charge fraud upon the codefendant Paul N. Reed in connection with its use.

It is averred by the codefendant Paul N. Reed that he was an engineer by profession “specializing in the design and development of bakers’ equipment.”

It appears that both the parties are engaged in the designing and development of bakers’ equipment. At one time, according to the averments, Paul N. Reed was connected with the plaintiff and associated with its officers. It was averred by him that he had a contractual arrangement with the plaintiff for the use of his designs as he might develop them and that he was to be compensated for such use; because of his military engagements he was separated from an active connection with the plaintiff, and that the plaintiff has *450fraudulently appropriated his designs and registered and used his name in connection with the trade-mark without his consent and in violation of his contract. His answer further contains an averment that, there was a general plan of the plaintiff to appropriate his designs as well as violate the contractual arrangement with him, and, as a part of the plan, it is alleged by plaintiff that certain designs of the said codefendant, Paul N. Reed, were wrongfully patented by plaintiff.

The plaintiff seeks to have. stricken the averments that designs of the said defendant were patented as redundant, and it complains particularly of the use of the words, “and that plaintiff does not come into court with clean hands.”

The latter identical averment is contained in the answer of the corporate defendant.

This, being equity, the defendants would' both have a right to make these averments in connection with their separate pleas of fraud, and the motion should be overruled.

The motion for a more definite statement in the counterclaim of the co-defendant, Paul N. Reed, should also ‘be overruled. The object of the motion for a more definite statement is to clarify the averments. The averments in said counterclaim are clear and the counterclaim is based upon an alleged breach of contract. The motion performs the office of a motion for a bill of particulars. Such a motion is no longer recognized and has been deleted from the Rules of Civil Procedure. The plaintiff, however, is not without remedy. It would be a simple matter to propound interrogatories to said defendant as to the date of the contract, whether it was in writing or oral, and how long it was to continue.

In view of the above, both motions should be and will be overruled.
|                                                                  |                        | Page 22               
|----------------------------------------------------------------- | ---------------------- | ----------------------
|                                                                  |                        |                       
|NORTHEAST BANCORP                                                
|Exhibit 11. Statement Regarding Computation of Per Share Earnings
|                                                                  |                        |                       
|                                                                  | Three Months Ended     | Three Months Ended    
|                                                                  | September 30, 2003     | September 30, 2002    
|EQUIVALENT SHARES:                                                |                        |                       
|                                                                  |                        |                       
|Weighted Average Shares Outstanding                               | 2,581,335              | 2,647,924             
|                                                                  |                        | .                     
|Total Diluted Shares                                              | 2,632,708              | 2,686,789             
|                                                                  |                        |                       
|Net Income                                                        | $        
  916,381    | $        
  906,939   
|                                                                  |                        |                       
|Basic Earnings Per Share                                          | $              
  0.36 | $              
  0.34
|                                                                  |                        |                       
|Diluted Earnings Per Share                                        | $              
  0.35 | $              
  0.34
EXHIBIT 12.3

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

           I, Dafna Gruber, as Chief Financial Officer of Alvarion Ltd. (the
"Company"), certify, pursuant to 18 U.S.C.ss. 1350, as adopted by Section 906 of
the Sarbanes-Oxley Act of 2002, that to my knowledge:

           (1) the accompanying Amended Annual Report on Form 20-F/A for the
fiscal year ended December 31, 2002 as filed with the U.S. Securities and
Exchange Commission (the "Report") fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; 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: March 22, 2004

                                                   /s/ Dafna Gruber
                                                   Dafna Gruber
                                                   Chief Financial 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.
IV 

108TH CONGRESS 

1ST SESSION H. RES. 120

To commend the Aircraft Owners and Pilots Association on its proactive 

commitment to the security of general aviation. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 4, 2003

Mr. OBERSTAR submitted the following resolution; which was referred to the 

Committee on Transportation and Infrastructure 

RESOLUTION

To commend the Aircraft Owners and Pilots Association 

on its proactive commitment to the security of general 

aviation.

Whereas the Aircraft Owners and Pilots Association is the 

largest civil aviation organization in the world with more 

than 60 percent of the pilot population in the United 

States of America; 

Whereas the Aircraft Owners and Pilots Association was 

founded in 1939 by five businessmen in Philadelphia to 

represent the interests of general aviation pilots; 

Whereas general aviation represents all flying except scheduled airline service and military flight; 

Whereas the Aircraft Owners and Pilots Association has 

worked diligently to inform and instruct its membership 
2

•HRES 120 IH 

and the pilot population on proactive security measures 

since the terrorist attacks of September 11, 2001; 

Whereas these measures undertaken by the Aircraft Owners 

and Pilots Association have included a set of recommendations to enhance security at flight schools and 

fixed base operations and a successful petitioning of the 

Federal Aviation Administration to require pilots to carry 

a government issued identification in conjunction with 

their pilot and medical certificates; 

Whereas the Aircraft Owners and Pilots Association has 

partnered with the Transportation Security Administration to develop a nationwide aviation initiative known as 

the ‘‘Airport Watch Program’’ that includes a toll-free 

hotline with a centralized system for reporting and acting 

on information supplied by general aviation pilots; 

Whereas the Airport Watch Program will enlist the support 

of some 550,000 general aviation pilots to watch for and 

report suspicious activities that might have security implications; and 

Whereas the Aircraft Owners and Pilots Association has enlisted the support of the Government and aviation community at large and will distribute Airport Watch Program materials to the 5,400 public-use airports in the 

Nation, pilot groups, and individual pilots: Now, therefore, be it

1 Resolved, That the Aircraft Owners and Pilots Asso2 ciation is hereby commended for its excellence in taking 

3 proactive measures to solve the new security challenges 

4 that face the Nation and for partnering with the Trans5 portation Security Administration and the Federal Avia-
3

•HRES 120 IH 

1 tion Administration to create immediate, innovative, and 

2 common sense solutions to those challenges.

Æ
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 99 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                 H. R. 99

 To designate ``God Bless America'' as the national hymn of the United 
                                States.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 2003

Mr. Green of Texas introduced the following bill; which was referred to 
                   the Committee on Government Reform

_______________________________________________________________________

                                 A BILL

 
 To designate ``God Bless America'' as the national hymn of the United 
                                States.

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

SECTION 1. NATIONAL HYMN.

    The composition consisting of the words and music known as ``God 
Bless America'' is designated as the national hymn of the United 
States.
                                 <all>
```
<PAGE>

                                                                    EXHIBIT 99.1

                            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 Matritech, Inc. (the "Company") on
Form 10-Q for the period ending March 31, 2003 as filed with the SEC on the date
hereof (the "Report"), I, Stephen D. Chubb, Chief Executive Officer of the
Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 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 required by Section 906 has been
provided to Matritech, Inc. and will be retained by Matritech, Inc. and
furnished to the SEC or its staff upon request.

/s/ Stephen D. Chubb

Stephen D. Chubb
Chief Executive Officer
May 15, 2003
Amendment


To
The


Management
Services Agreement


 


THIS AMENDMENT (the
“Amendment”), entered into effective the 1st day of May 2011, (the “Effective Date”)
is to the Management Services Agreement entered into on February 6, 2006, with an effective date of February 1, 2006, as amended
on August 31, 2007, on December 21, 2007, and effective January 1, 2010 (the “Agreement”), by and between White
Mountain Titanium Corporation (“WMTC”) and Michael P. Kurtanjek (“Mr. Kurtanjek”).


 


RECITALS:


 


A.       WMTC is intent
on retaining senior management, including Mr. Kurtanjek, through providing competitive compensation; and


 


B.        The parties hereto
desire to increase the monthly compensation of the Agreement to secure the continued performance of Mr. Kurtanjek; and


 


C.       Section 7(d)
of the Agreement grants to the parties the right to amend the Agreement upon approval of each of the parties thereto.


 


NOW, THEREFORE, for
additional consideration of the parties, the receipt and sufficiency of which is hereby acknowledged by each party, the parties
hereto agree as follows:


 


1.       Effective May
1, 2011, Section 2(a) of the Agreement is amended to read as follows:


 


Monthly
Fee. In consideration of the services provided by Mr. Kurtanjek as set forth herein, WMTC shall pay to him US$20,000.00 per
month, which amount shall be pro rated for any partial month of service. Payments hereunder shall be made on the first business
day following the month of service.


 


2.       Except as amended
hereby, the Agreement shall continue to be, and shall remain, in full force and effect. Except as provided herein, this Amendment
shall not be deemed (i) to be a waiver of, or consent to, or a modification or amendment of, any other term or condition of the
Agreement or (ii) to prejudice any right or rights which the parties may now have or may have in the future under or in connection
with the Agreement or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented
or otherwise modified from time to time.


 


3.       The terms of
the Agreement are incorporated herein by reference and shall form a part of this Amendment as if set forth herein in their entirety.


 


[SIGNATURE PAGE FOLLOWS]


 




    	 



    	 



    

 


IN WITNESS WHEREOF,
each of the parties hereto has executed this Amendment the respective day and year set forth below.


 


	 	White Mountain Titanium Corporation
	 	 
	Date: March 5, 2013	By	/s/ Brian Flower
	 	 	Brian Flower, Executive Chairman
	 	 
	 	 
	Date: March 6, 2013	/s/ Michael P. Kurtanjek
	 	Michael P. Kurtanjek, Individually


 








    	2
Exhibit 32.1





Certification of Principal Executive Officer Pursuant to 18 U.S.C. Section 1350

(Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002)





In connection with the Quarterly Report on Form 10-Q of Stratus Properties Inc. (the Company) for the period ending June 30, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), William H. Armstrong III, as Chairman of the Board, President and Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of his knowledge:



(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.



Dated:  August 14, 2003

/s/ William H. Armstrong III

William H. Armstrong III

Chairman of the Board, President and

Chief Executive 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.



This certification accompanies the Report pursuant to § 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes of § 18 of the Securities Exchange Act of 1934, as amended.











Exhibit 32.2





Certification of Principal Financial Officer Pursuant to 18 U.S.C. Section 1350

(Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002)





In connection with the Quarterly Report on Form 10-Q of Stratus Properties Inc. (the Company) for the period ending June 30, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), John E. Baker, as Senior Vice President and Chief Financial Officer of the Company, hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of his knowledge:



(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.



Dated:  August 14, 2003







/s/ John E. Baker

John E. Baker

Senior Vice President and

Chief Financial 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.



This certification accompanies the Report pursuant to § 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes of § 18 of the Securities Exchange Act of 1934, as amended.
EXHIBIT 32.2


                  CERTIFICATION PURSUANT TO RULE 13a-14(b) and
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  Section 906 of the Sarbanes-Oxley Act of 2002


         In connection with the filing by Rush Financial Technologies, Inc. (the
"Company") of the Quarterly Report on Form 10-QSB for the period ended June 30,
2006 (the "Report"), I, M. Patricia Kane, Chief Financial Officer of 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 Report fully complies with the requirements of Section
                    13(a) and 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.




                                                   /s/ M. Patricia Kane
                                                   -----------------------------
                                                   M. Patricia Kane
                                                   Chief Financial Officer


Dated:  August 24, 2006


This certification shall not be deemed "filed" for purposes of Section 18 of the
Securities Exchange Act of 1934, nor shall it be deemed incorporated by
reference in any filing under the Securities Act of 1933 or the Securities
Exchange Act of 1934, except to the extent as shall be expressly set forth by
specific reference in such filing.




                                       35
S08Y0005.

#### IN THE MATTER OF WILLIAM O. KEY, JR.

(652 SE2d 545)

Decided October 29, 2007.

Per curiam.

This disciplinary matter is before the Court on the petition of William O. Key, Jr., for the voluntary surrender of his license to practice law. Key admits that he pled guilty in federal court to a felony conspiracy charge in connection with real estate closing fraud. Such a conviction constitutes a violation of Bar Rule 8.4 (a) (2) of the Georgia Rules of Professional Conduct. The State Bar concurs in this disposition.

Having reviewed the record we agree that surrender of his law license, which is tantamount to disbarment, is the appropriate sanction. Accordingly, we accept the petition and hereby order that the name of William O. Key, Jr., be removed from the rolls of persons authorized to practice law in the State of Georgia. Key is reminded of his duties pursuant to Bar Rule 4-219 (c).

*Voluntary surrender of license accepted.*

*All the Justices concur.*

*630
      *William P. Smith III, General Counsel State Bar, Jenny K. Mittelman, Assistant General Counsel State Bar,*for State Bar of Georgia.

*Garrett & Gilliard, Michael C. Garrett,*for Key.
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER ON MOTION FOR REHEARING

Appellate case name: Marvinell Harlan v. Texas Workforce Commission, Appeal 

Tribunal, Hearing Officer J. Koehn, Hearing Officer L. 

Lawrence, and Commissioners Hope Andrade and Andres 

Alcantar

Appellate case number: 01-17-00849-CV

Trial court case number: 2015-11049

Trial court: 190th District Court of Harris County

Date motion filed: December 7, 2018

Party filing motion: Appellant

It is ordered that the motion for rehearing is denied.

Judge’s signature: /s/ Russell Lloyd

 Acting for the Court

Panel consists of Chief Justice Radack and Justices Jennings and Lloyd.

Date: December 20, 2018
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000105096
<NAME> WAXMAN INDUSTRIES, INC.
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-START>                             JUL-01-1999
<PERIOD-END>                               JUN-30-2000
<EXCHANGE-RATE>                                      1
<CASH>                                             811
<SECURITIES>                                         0
<RECEIVABLES>                                   12,959
<ALLOWANCES>                                     (891)
<INVENTORY>                                     15,351
<CURRENT-ASSETS>                                33,739
<PP&E>                                          16,191
<DEPRECIATION>                                 (7,137)
<TOTAL-ASSETS>                                  94,246
<CURRENT-LIABILITIES>                           38,521
<BONDS>                                        128,453
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           120
<OTHER-SE>                                    (80,423)
<TOTAL-LIABILITY-AND-EQUITY>                    94,246
<SALES>                                         81,360
<TOTAL-REVENUES>                                81,360
<CGS>                                           59,259
<TOTAL-COSTS>                                   27,094
<OTHER-EXPENSES>                                10,370
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              18,201
<INCOME-PRETAX>                               (28,875)
<INCOME-TAX>                                      (27)
<INCOME-CONTINUING>                           (28,848)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (28,848)
<EPS-BASIC>                                     (2.39)
<EPS-DILUTED>                                   (2.39)


</TABLE>