alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### YAHUI SONG, Ph.D., Plaintiff-Appellant v. REGENTS OF the UNIVERSITY OF MINNESOTA; L. James Nixon, M.D.; Barbara K. Patrick, M.D.; Sheila M. Specker, M.D.; Theodore R. Thompson, M.D.; Kathleen V. Watson, M.D.; John Does 1-15, Defendants-Appellees. The Rutherford Institute, Amicus on Behalf of Appellant.

No. 12-2225.

United States Court of Appeals, Eighth Circuit.

Submitted: April 2, 2013.

Filed: April 5, 2013.

Bruce E. Fein, Bruce Fein & Associates, Washington, DC, Larry A. Frost, Paladin Law Office, Bloomington, MN, for

Jennifer L. Frisch, Associate General Counsel, University of Minnesota, Office of the General Counsel, Minneapolis, MN, for Defendants-Appellees.

Before WOLLMAN, BOWMAN, and GRUENDER, Circuit Judges.

*600PER CURIAM.

Yahui Song appeals the judgment of the District Court1 granting defendants’ motion to dismiss her civil action under Rule 37 of the Federal Rules of Civil Procedure after she failed to comply with an earlier order granting defendants’ motion to compel discovery and admonishing her that noncompliance could result in dismissal. Following careful review, we find no abuse of discretion. *See In re O’Brien,*351 F.3d 832, 836, 839-40 (8th Cir.2003) (standard of review; in context of Rule 37 motions, court may find willful disobedience sufficient to support dismissal when party employs delay tactics and disregards court orders). Accordingly, we affirm for the reasons provided by the District Court. *See*8th Cir. R. 47B. We also deny all of the pending motions.

1

. The Honorable Ann D. Montgomery, United States District Judge for the District of Minnesota.
Chart 1-5. From the onset of the recession to the end of 2005, 

labor force participation rates were down, except among 

older workers

-1.2

-5.2

-1.2 -1.5

4.8

-6.0

-4.0

-2.0

0.0

2.0

4.0

6.0

Total, 16 years and

over

Both sexes, 16 to

24

Men, 25 to 54 Women, 25 to 54 Both sexes, 55

years and over

Percentage points

Change in labor force participation rates (seasonally adjusted),

March 2001 to December 2005

NOTE: As defined by the National Bureau of Economic Research (NBER), the recession lasted from March to November 2001.

SOURCE: Bureau of Labor Statistics

Chart 1-5. From the onset of the recession to the end of 2005, 

labor force participation rates were down, except among 

older workers

• The participation rate of youth 16 to 24 years old fell by about 5 percentage 

points between March 2001 and December 2005. The rates for men and 

women ages 25 to 54 years also were down over that period.

• The labor force participation rate for persons 55 years and over has trended up 

since the early 1990s. From the onset of the recession in March 2001 to 

December 2005, the rate increased by nearly 5 percentage points.

• While men ages 55 and older are more likely than their female counterparts to 

participate in the labor force, the increase in the participation rate for women 

was slightly larger than that for men over the period.
EX-10.13.2



 Exhibit 10.13.2 

 
 



 
 November 9, 2012 
 Mr. Brian Bell 
 15 Colony Court 
 Stamford, CT 06905 
  

	 	Re:	Addendum to Employment Agreement between ORBCOMM Inc. and Brian Bell dated November 8, 2010 (the “Employment Agreement”) 


Dear Brian: 
 Per discussions of our severance
arrangements under the Employment Agreement, this letter is an offer by ORBCOMM Inc. (the “Company”) to amend the Employment Agreement as provided below. You may accept this offer by signing and returning the revised General Release
attached to this letter within twenty-one (21) days from your receipt of it. 
 Subject to your execution and return of the attached General
Release (the “Release”), and the Release becoming effective in accordance with its terms not later than the 60th day following the termination of your employment, clause (i) of the first sentence of section 4(e) of the Employment Agreement
is amended to provide as follows: “you will be entitled: (i) to receive, as severance payments, one hundred eighty (180) days of your final Base Salary (as defined in the Employment Agreement, payable in accordance with the Company’s
payroll schedule in effect from time to time (the “Severance Payments”).” 
 In addition to the Severance Payments, the Company
will, subject to your execution and delivery of the Release as described above, reinstate the award of 25,000 time-based Stock Appreciation Rights granted pursuant to the applicable Stock Appreciation Rights Award Agreement (“SAR Award
Agreement”), which otherwise would be deemed automatically terminated on termination of your employment under that SAR Award Agreement. These reinstated SARs would then vest as originally scheduled on December 31, 2012, in the same manner and
on the same terms as if you were then still an employee of the Company. 
 Except as otherwise expressly set forth above, the terms and
conditions of both the Employment Agreement and SAR Award Agreement shall remain in full force and effect in accordance with their respective terms. 
  

			
	ORBCOMM Inc.
		
	 2115 Linwood Avenue, Suite 100, Fort Lee, NJ 07024
	  	22265 Pacific Boulevard, Suite 200, Dulles, VA 20166
	 Telephone: 201-363-4900
	  	Telephone: 703-433-6300
	 Facsimile: 703-433-6400
	  	Facsimile: 703-433-6380
	
	 www.orbcomm.com









 Mr. Brian Bell 
 November 9, 2012 
 Page -2- 

Should you or your counsel have any questions regarding these amended severance terms, please feel free to contact me
at (703) 433-6361. 
 Sincerely, 
  





 
 Christian Le Brun 
 General Counsel 
 Agreed and accepted: 

	
	
	/s/ Brian J. Bell
	Brian J. Bell

 Date: November 9, 2012
IV 

108TH CONGRESS 

1ST SESSION H. RES. 17

Honoring the Hilltoppers of Western Kentucky University from Bowling 

Green, Kentucky, for winning the 2002 National Collegiate Athletic Association Division I–AA football championship. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 7, 2003

Mr. LEWIS of Kentucky submitted the following resolution; which was referred 

to the Committee on Education and the Workforce 

RESOLUTION

Honoring the Hilltoppers of Western Kentucky University 

from Bowling Green, Kentucky, for winning the 2002 

National Collegiate Athletic Association Division I–AA 

football championship.

Whereas the Western Kentucky University Hilltoppers from 

Bowling Green, Kentucky, won the 2002 NCAA Division 

I–AA collegiate football national championship; 

Whereas the national championship is the first for the Western Kentucky University football program since its inception in 1913; 

Whereas the Hilltoppers had an impressive overall record of 

12 wins and 3 losses during the 2002 season, which included 10 consecutive wins; 
2

•HRES 17 IH 

Whereas the Hilltoppers showed tremendous dedication to 

each other, appreciation to their fans, sportsmanship to 

their opponents, and respect for the game of football 

throughout their 2002 season; 

Whereas Western Kentucky University was represented with 

integrity and principled leadership under the direction of 

Head Football Coach Jack Harbaugh, Athletic Director 

Dr. Wood Selig, and President Dr. Gary A. Ransdell; and 

Whereas on December 20, 2002, the Western Kentucky University Hilltoppers, ranked 15th among Division I–AA 

teams, defeated the top-ranked McNeese State University 

Cowboys for the 2002 NCAA Division I–AA football 

championship in Chattanooga, Tennessee, by a score of 

34–14: Now, therefore, be it

1 Resolved, That the House of Representatives honors 

2 the Western Kentucky University football team from 

3 Bowling Green, Kentucky, for winning the 2002 NCAA 

4 Division I–AA football championship.

Æ
EX-4.1



 Exhibit 4.1 
 ARTICLES OF AMENDMENT TO 
 ARTICLES SUPPLEMENTARY 

9.25% SERIES A CUMULATIVE PREFERRED STOCK 
 The Articles Supplementary (“Articles”) of the 9.25% Series A Cumulative Preferred Stock of Double Eagle Petroleum Co. (the “Corporation”) are hereby amended as follows: 

1. Section 2 of the Articles is hereby amended to add the following term: 
 “Qualifying Event” shall mean a Change of Ownership or Control where, after the transaction, the Corporation has Voting Stock subject to a National Market Listing and, on a pro-forma combined
basis, had an EBITDA(X)-to-interest expense plus preferred dividends ratio of at least 2.0-to-1.0 for the 12-month period ending as of the end of the Corporation’s fiscal quarter immediately preceding the subject Change of Ownership or Control.

 2. Sections 5(a), (b) and (c) of the Articles are hereby amended and restated as follows: 

Section 5. Redemption. 
 (a) The Series A Preferred Shares shall not be redeemable by the Corporation prior to September 30, 2013, except following a Change of Ownership or Control as provided below in paragraphs
(b) and (c) of this Section 5. On and after September 30, 2013, the Corporation, at its option, may redeem the Series A Preferred Shares, in whole at any time or from time to time in part at the option of the Corporation at a
redemption price of $25.00 per Series A Preferred Share, plus the amounts indicated in paragraph (d) of this Section 5. 
 (b) Following a Change of Ownership or Control other than a Change of Ownership or Control (A) with, to or involving a Qualifying Public Company or (B) that is a Qualifying Event, within 90 days
following the date on which such Change of Ownership or Control has occurred, the Corporation or the acquiring entity in such Change of Ownership or Control shall redeem the Series A Preferred Shares, in whole and not in part, for cash at the
following price per Series A Preferred Share, plus the amounts indicated in paragraph (d) of this Section 5: 
  

					
	 (i) if the Call Date is on or before June 30, 2008
	  	$	 26.00	  
	 (ii) if the Call Date is after June 30, 2008, but on or before June 30, 2009
	  	$	25.75	  
	 (iii) if the Call Date is after June 30, 2009, but on or before June 30, 2010
	  	$	25.50	  
	 (iv) if the Call Date is after June 30, 2010, but on or before June 30, 2011
	  	$	25.25	  
	 (v) if the Call Date is after June 30, 2011
	  	$	25.00	  

 (c) Following a Change of Ownership or Control (A) with, to or involving a Qualifying Public Company
or (B) that is a Qualifying Event, for a period of 90 days following the date on which the Change of Ownership or Control has occurred, such Qualifying Public Company (if Clause (A) applies) or the Corporation (if Clause (B) applies)
will have the right, but not the obligation, to redeem the Series A Preferred Shares, in whole but not in part, for cash at the applicable price determined pursuant to the schedule provided in subparagraphs (i) through (v) of paragraph
(b) of this Section 5, plus the amounts indicated in paragraph (d) of this Section 5. 
 All other provisions of
Section 5 and the Articles shall remain in full force and effect and unamended.
[No. 56024-7-I.

Division One.

November 14, 2005.]

#### Eduardo Pereira, *Appellant,*v. Cocoa Investments, Inc., *Respondent.*

Appeal from a judgment of the Superior Court for King County, No. 03-2-28188-3, Mary Roberts, J., entered January 27, 2005. *Affirmed*by unpublished per curiam opinion.
[Federal Register Volume 74, Number 17 (Wednesday, January 28, 2009)]
[Notices]
[Page 4950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1761]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13299-000]


Alaska Village Electric Cooperative; Notice of Preliminary Permit 
Application Accepted for Filing and Soliciting Comments, Motions To 
Intervene, and Competing Applications

January 21, 2009.
    On October 9, 2008, and supplemented on January 15, 2009, Alaska 
Village Electric Cooperative filed an application, pursuant to section 
4(f) of the Federal Power Act, proposing to study the feasibility of 
the Shungnak River Hydroelectric Project located on the Shungnak River 
in the Northwest Arctic Borough, Alaska.
    The proposed Shungnak River Hydroelectric Project would consist of: 
(1) A proposed 200-foot-high, 400-foot-long earth filled gravity dam; 
(2) a proposed 2.2 square mile reservoir with a storage capacity of 
42,000 acre-feet; (3) a proposed 2,000-foot-long, 10-foot diameter 
steel or concrete penstock; (4) a proposed powerhouse containing four 
1.25-megawatt generators; (5) a proposed 12.7-mile-long, 7,200/12,400-
volt transmission line; and (6) appurtenant facilities. The Shungnak 
River Hydroelectric Project is estimated to have an annual generation 
of 35.04-gigawatt-hours, which would be sold to the community of 
Shungnak or mining operations in the vicinity of the project.
    Applicant Contact: Mr. Daniel Hertrich, Polarconsult Alaska, Inc., 
1503 W 33rd Ave, <greek-i>310, Anchorage, Alaska 99503, phone: (907) 
258-2420.
    FERC Contact: Kelly T. Houff (202) 502-6393.
    Deadline for filing comments, motions to intervene, competing 
applications (without notices of intent), or notices of intent to file 
competing applications: 60 days from the issuance of this notice. 
Comments, motions to intervene, notices of intent, and competing 
applications may be filed electronically via the Internet. See 18 CFR 
385.2001(a)(1)(iii) and the instructions on the Commission's Web site 
under the ``e-Filing'' link. If unable to be filed electronically, 
documents may be paper-filed. To paper-file, an original and eight 
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For 
more information on how to submit these types of filings please go to 
the Commission's Web site located at http://www.ferc.gov/filing-comments.asp. More information about this project can be viewed or 
printed on the ``eLibrary'' link of Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
13299) in the docket number field to access the document. For 
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
 [FR Doc. E9-1761 Filed 1-27-09; 8:45 am]
BILLING CODE 6717-01-P
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 180 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                          May 20, 2003.
Whereas the operation of correctional facilities represents a crucial component 
        of the criminal justice system of the United States;
Whereas correctional personnel play a vital role in protecting the rights of the 
        public to be safeguarded from criminal activity;
Whereas correctional personnel are responsible for the care, custody, and 
        dignity of the human beings charged to their care;
Whereas correctional personnel work under demanding circumstances and face 
        danger in their daily work lives; and
Whereas S. Res. 24 of the 108th Congress, as agreed to on March 12, 2003, 
        designates the week beginning May 4, 2003, as ``National Correctional 
        Officers and Employees Week'': Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) supports the goals and ideals of ``National Correctional 
        Officers and Employees Week''; and
            (2) honors all correctional officers and employees for their service 
        to their communities, States, and the Nation.
            Attest:

                                                                          Clerk.
```
<TABLE> <S> <C>
                                                                
<ARTICLE>                  6
<LEGEND>                                                              
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF THE FUND AND IS QUALIFIED IN ITS ENTIRETY BY 
REFERENCE TO SUCH FINANCIAL STATEMENTS
</LEGEND>
<CIK>                        811860
<NAME>                 Saturna Investment Trust
<SERIES>               
   <NUMBER>                        2
   <NAME>                   Sextant Bond Income Fund
<MULTIPLIER>                                             1
<CURRENCY>                 US Dollars
       
<S>                                <C>
<PERIOD-TYPE>                     Year
<FISCAL-YEAR-END>            Nov-30-1995
<PERIOD-START>             Dec-01-1994
<PERIOD-END>               Nov-30-1995
<EXCHANGE-RATE>                      1
<INVESTMENTS-AT-COST>          1047157
<INVESTMENTS-AT-VALUE>         1059788
<RECEIVABLES>                    22895
<ASSETS-OTHER>                   12698
<OTHER-ITEMS-ASSETS>                 0
<TOTAL-ASSETS>                 1095381
<PAYABLE-FOR-SECURITIES>             0
<SENIOR-LONG-TERM-DEBT>              0
<OTHER-ITEMS-LIABILITIES>         (443)
<TOTAL-LIABILITIES>               (443)
<SENIOR-EQUITY>                      0
<PAID-IN-CAPITAL-COMMON>       1153661
<SHARES-COMMON-STOCK>           223204
<SHARES-COMMON-PRIOR>           331716
<ACCUMULATED-NII-CURRENT>         (251)
<OVERDISTRIBUTION-NII>               0
<ACCUMULATED-NET-GAINS>        (70,217)
<OVERDISTRIBUTION-GAINS>             0
<ACCUM-APPREC-OR-DEPREC>         12631
<NET-ASSETS>                   1095824
<DIVIDEND-INCOME>                    0
<INTEREST-INCOME>                64671
<OTHER-INCOME>                  (1,056)
<EXPENSES-NET>                    6080
<NET-INVESTMENT-INCOME>          57535
<REALIZED-GAINS-CURRENT>       (15,110)
<APPREC-INCREASE-CURRENT>       170684
<NET-CHANGE-FROM-OPS>           213109
<EQUALIZATION>                       0
<DISTRIBUTIONS-OF-INCOME>       (57308)
<DISTRIBUTIONS-OF-GAINS>             0
<DISTRIBUTIONS-OTHER>                0
<NUMBER-OF-SHARES-SOLD>         165574
<NUMBER-OF-SHARES-REDEEMED>    (285218)
<SHARES-REINVESTED>              11132
<NET-CHANGE-IN-ASSETS>        (108,512)
<ACCUMULATED-NII-PRIOR>           (478)
<ACCUMULATED-GAINS-PRIOR>            0
<OVERDISTRIB-NII-PRIOR>              0
<OVERDIST-NET-GAINS-PRIOR>           0
<GROSS-ADVISORY-FEES>             5838
<INTEREST-EXPENSE>                   0
<GROSS-EXPENSE>                  12759
<AVERAGE-NET-ASSETS>           1118494
<PER-SHARE-NAV-BEGIN>             4.39
<PER-SHARE-NII>                   0.24
<PER-SHARE-GAIN-APPREC>           0.52
<PER-SHARE-DIVIDEND>             (0.24)
<PER-SHARE-DISTRIBUTIONS>            0
<RETURNS-OF-CAPITAL>                 0
<PER-SHARE-NAV-END>               4.91
<EXPENSE-RATIO>                   0.54
<AVG-DEBT-OUTSTANDING>               0
<AVG-DEBT-PER-SHARE>                 0
        

</TABLE>
#### The People of the State of New York, Respondent, v Francine T. Hardy, Appellant.

[852 NYS2d 853]

Defendant pleaded guilty to criminal sale of a controlled substance in the third degree and was sentenced in accordance with the plea agreement as a second felony offender to 3V2 years in prison and three years of postrelease supervision. Defendant now appeals.

Appellate counsel seeks to be relieved of his assignment of representing defendant on the ground that there are no nonfrivolous issues to be raised on appeal. Based upon our review of the record and counsel’s brief, we agree. Defendant entered a knowing, voluntary and intelligent guilty plea. Therefore, the judgment is affirmed and counsel’s application for leave to withdraw is granted *(see People v Cruwys,*113 AD2d 979 [1985], *lv denied*67 NY2d 650 [1986]; *see generally People v Stokes,*95 NY2d 633 [2001]).

Cardona, P.J., Carpinello, Lahtinen, Malone Jr. and Kavanagh, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.
H. Res. 124

In the House of Representatives, U.S.,

March 5, 2003.

Resolved, That the following named Members and Delegates be, and they are hereby, elected to the following standing committees of the House of Representatives:

COMMITTEE ON ARMED SERVICES: Mr. Ryan of Ohio (to

rank immediately after Mr. Alexander).

COMMITTEE ON EDUCATION AND THE WORKFORCE: Mr.

Bishop of New York (to rank immediately after Mr. Ryan of

Ohio).

COMMITTEE ON FINANCIAL SERVICES: Mr. Sanders (to

rank immediately after Ms. Waters).

COMMITTEE ON GOVERNMENT REFORM: Mr. Sanders

(to rank immediately after Mr. Kanjorski) and Mr. Cooper

(to rank immediately after Ms. Norton).

COMMITTEE ON RESOURCES: Mr. George Miller of California, Mr. Markey, Mr. Hinojosa, Mr. Rodriguez, Mr. Baca,

and Ms. McCollum.

COMMITTEE ON SCIENCE: Mr. Cardoza (to rank immediately after Mr. Matheson), Ms. Jackson-Lee of Texas (to
2

•HRES 124 EH

rank immediately after Mr. Davis of Tennessee), and Ms.

Lofgren (to rank immediately after Ms. Jackson-Lee of

Texas).

COMMITTEE ON SMALL BUSINESS: Mr. Faleomavaega

(to rank immediately after Mr. Ballance) and Ms. Linda T.

Sa ́nchez.

Attest:

Clerk.
The Honorable Susan Webber Wright, United States District

1

Judge for the Eastern District of Arkansas.

___________

No. 95-3402

___________

Johnny Warren, *

 *

Appellant, *

 * Appeal from the United States

v. * District Court for the

 * Eastern District of Arkansas.

Mexico Chiquito, *

 * [UNPUBLISHED]

Appellee. *

___________

 Submitted: December 24, 1996

 Filed: January 2, 1997

___________

Before FAGG, WOLLMAN, and MURPHY, Circuit Judges.

___________

PER CURIAM.

Johnny Warren appeals from the district court's entry of judgment

1

for defendant after a bench trial in his employment discrimination action.

In the absence of a trial transcript, we cannot review the district court's

factual findings for clear error. See Meroney v. Delta Int'l Mach. Corp.,

18 F.3d 1436, 1437 (8th Cir. 1994). Accepting those findings as true, we

agree that Warren did not establish a prima facie case of race

discrimination. See Miner v. Bi-State Dev. Agency, 943 F.2d 912, 913-14

(8th Cir. 1991) (plaintiff who failed to prove performance was adequate

failed to establish prima facie case of race discrimination). As to

Warren's allegations regarding his appointed counsel's representation

below, we note that a civil litigant has no
-2-

constitutional right to effective assistance of counsel. See Glick v.

Henderson, 855 F.2d 536, 541 (8th Cir. 1988). Accordingly, we affirm. See

8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 917 Engrossed in House (EH)]

  1st Session

                               H. R. 917

_______________________________________________________________________

                                 AN ACT

 To designate the facility of the United States Postal Service located 
 at 1830 South Lake Drive in Lexington, South Carolina, as the ``Floyd 
                     Spence Post Office Building''.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  1st Session
                                H. R. 917

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
 at 1830 South Lake Drive in Lexington, South Carolina, as the ``Floyd 
                     Spence Post Office Building''.

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

SECTION 1. DESIGNATION.

    The facility of the United States Postal Service located at 1830 
South Lake Drive in Lexington, South Carolina, shall be known and 
designated as the ``Floyd Spence Post Office Building''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the facility referred to in section 1 
shall be deemed to be a reference to the ``Floyd Spence Post Office 
Building''.

            Passed the House of Representatives March 26, 2003.

            Attest:

                                                                 Clerk.
```