alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
*This order and judgment is not binding precedent except under the doctrines of

law of the case, res judicataand collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3. 

## F I L E D United States Court of Appeals Tenth Circuit 

### JUN 19 1998 

### PATRICK FISHER Clerk UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

__________________________ DERRICK DENNIS LANE, Petitioner-Appellant,
v. HAROLD NYE and CARLA J. STOVALL, Attorney General for the State of Kansas, Respondents-Appellees. No. 97-3248 (D. Kan.) (D.Ct. No. 96-3557-DES)

__________________________ ORDER AND JUDGMENT *

__________________________ Before SEYMOUR, BRORBY, and BRISCOE , Circuit Judges.

__________________________ After examining the brief(s) and appellate record, this panel has determined unanimously that oral argument would not materiallyassist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The c ase is therefore ordered submitted without oral argument.-2-

Mr. Derrick Lane appeals the district court’s denia l of his petition for writ of habeas corpus under 28 U.S.C. § 2254. He also r equests a certificate of appealability, a prerequisite to our jurisdiction o ver his appeal. 28 U.S.C. § 2253(c). The district court denied Mr. Lane's c ertificate of appealability. Mr. Lane claims the retroactivity provision of the Kans as Sentencing Guidelines Act, Kan. Stat. Ann. § 21-4724(b)(1) (1995), violates hi s due process and equal protection rights under Fourteenth Amendment of the United States Constitution. Section 21-4724(b)(1) limits retroactive applicatio n of the Guidelines to certain classes of offenders, thereby excluding Mr. Lane. Kan. Stat. Ann. § 21- 4724(b)(1). Mr. Lane argues all offenders sentence d prior to July 1, 1993, the effective date of the Guidelines Act, should be aff orded retroactive application of the Guidelines.
Both the Kansas Supreme Court and the federal distr ict court have addressed and rejected similar arguments. See Chiles v. State , 869 P.2d 707 (Kan.), cert denied, 513 U.S. 850 (1994); Jones v. Bruce , 921 F. Supp. 708 (D. Kan. 1996). Mr. Lane's case is indistinguishable. Therefore, f or the reasons set forth in those cases, we conclude Mr. Lane has not suffered a cons titutional violation. Consequently, we DENY Mr. Lane's application for a certificate of appeal ability because he has failed to make a "substantial showin g of the denial of a-3-

constitutional right," 28 U.S.C. § 2253(c)(2), and DISMISS his appeal.
Entered by the Court:
WADE BRORBY United States Circuit Judge
# ORIGINAL
IN THE SUPREME COURT OF THE STATE OF MONTANA PR 22-0005

IN RE THE MOTION OF JEREMY DUANE FINCH FOR ADMISSION TO THE BAR OF THE STATE OF MONTANA 11-j 

### MAY 17 2022 Bowen Gr€:enwood Clerk of Supreme Court State of Montana ORDER

Jeremy Duane Finch has filed a motion for admission to the Bar of the State of Montana pursuant to Rule V ofthe Rules for Admission, Admission on Motion. The Bar Admissions Administrator of the State Bar ofMontana has informed the Court that the Commission on Character and Fitness has certified that Finch has provided the necessary documentation and has satisfied the requirements prerequisite to admission on motion under Rule V. Therefore, IT IS HEREBY ORDERED that upon payment of any application fees and completion of any other processing requirements as set forth by the Bar Admissions Administrator, Jeremy Duane Finch may be sworn in to the practice oflaw in the State of Montana. Arrangements for swearing inmay be madeby contactingtheoffice ofthe Clerk ofthe Montana Supreme Court. The Clerk is directed to provide copies ofthis order to Petitioner and to the State Bar ofMontana. DATED this 

# '9, day ofMay, 2022.

ChiefJustice 05/17/2022

Case Number: PR 22-0005Justices
* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED

April 4, 2003

Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 02-31008 Summary Calendar

RODNEY WAYNE MACON,

Plaintiff-Appellant,

versus

WAYNE MILLUS; RICHARD L. STALDER; KERRY MCBRIDE,

DefendantsAppellees.

--------------------------------------------------------- Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 02-CV-1577

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

Before JONES, STEWART and DENNIS, Circuit Judges.

PER CURIAM: *

Rodney Wayne Macon, Texas prisoner #093953, appeals from the dismissal of his 42 U.S.C.

§ 1983 lawsuit for failure to state a claim upon which relief may be granted, pursuant to 28 U.S.C.

§ 1915(e)(2)(B)(ii). This court reviews such a dismissal under the same d e novo standard as is

employed in reviewing di smissals under F E D

. R. C IV

. P. 12(b)(6). S ee Black v. Warren

, 134 F.3d

732, 733-34 (5th Cir. 1998). Under this standard, this court must assume that all of the plaintiff’s-2-

factual allegations are true. The district court’s dismissal may be upheld only if it appears t hat no

relief could be gr ant ed under any set of facts that could be proven consistent with the allegations.

See Bradley v. Puckett , 157 F.3d 1022, 1025 (5th Cir. 1998).

Macon alleges that his due process rights were violated due to a disciplinary conviction that

resulted in a sentence of extended lockdown and isolated confinement for ten days. His disciplinary

punishment does not implicate a liberty interest protected by the Due Process Clause. S ee Sandin v.

Conner , 515 U.S. 472, 483-84, 486-87 (1995).

Accordingly, the district court’s judgment is AFFIRMED. The district court’s dismissal of

Macon’s lawsuit for failure to state a claim upon which relief may be gran ted counts as a “stri ke”

under 28 U.S.C. § 1915(g). S ee Adepegba v . Hammons , 103 F.3d 383, 387 (5th Cir. 1996); 28

U.S.C. § 1915(e)(2)(B)(ii). Macon is CAUTIONED that if he accumulates three “strikes” under 28

U.S.C. § 1915(g), he will not be able to proceed IFP in any civil action or appeal filed while he is

incarcerated or detained in any facilit y unless he is under imminent danger of serious physical injury.

See 28 U.S.C. § 1915(g).

AFFIRMED; THREE-STRIKES WARNING ISSUED.
EXHIBIT 10.83


AMENDMENT


TO THE


THIRD AMENDED AND RESTATED 


EXECUTIVE EMPLOYMENT AGREEMENT BETWEEN



STAR SCIENTIFIC,
INC. AND 


PAUL L. PERITO


 


This Amendment (“Amendment”)
to that certain Third Amended and Restated Executive Employment Agreement between Star Scientific, Inc.,
a Delaware corporation (the “Company”) and Paul L. Perito (“Executive”) dated as of March 14, 2011
(the “Executive Employment Agreement”) is made as of this 28th day of December, 2012 (the “Amendment Date”),
by and among the Company and the Executive. Except as set forth in this Amendment, capitalized terms
used herein but not defined herein shall have the meanings ascribed to them in the Executive Employment Agreement.


 


WITNESSETH


 


WHEREAS, the Company and the Executive desire
to amend the terms of the Executive Employment Agreement to reflect the agreement to continue Executive’s employment on a
further month-to-month basis;


 


NOW, THEREFORE, for good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the Executive and the Company (collectively the “Parties”)
hereby agree as of the Amendment Date to the following:


 


1.             Amendments
to the Employment Agreement. Effective as of the Amendment Date, the Executive Employment Agreement is hereby amended in its
entirety as follows:


 


Section “1.8” of the Executive
Employment Agreement is amended to read as follows:


 


Term.
Unless sooner terminated as provided in Section 4 hereof, the term of this Agreement shall
commence on January 1, 2011 and shall continue through December 31, 2012 and then on a month-to-month based until either Party
notifies the other of the intent not to continue the Agreement on a month-to-month basis. Notice of an intent not to continue the
Agreement on a month-to-month basis shall be effective if provided at least (15) days prior to completion of the monthly term.



 


2.    No Other Amendment.
Except as expressly set forth in this Amendment, the Executive Employment Agreement shall remain unchanged and shall continue in
full force and effect according to its terms.


 


3.    Acknowledgement.
The Executive acknowledges and agrees that the Executive has carefully read this Amendment in its entirety fully understands and
agrees to its terms and provisions and intends and agrees that it be final and legally binding on the Executive and the Company.


 


IN WITNESS WHEREOF, the Executive has hereunto
set the Executive's hand and the Company has caused this Amendment to be executed in its name on its behalf, all as of the day
and year first above written.


 


	 	STAR SCIENTIFIC, INC.
	 	 
	 	/s/ Jonnie R. Williams
	 	By:  Jonnie R. Williams
	 	Title:  Chief Executive Officer
	 	 
	 	PAUL L. PERITO
	 	 
	 	/s/ Paul L. Perito
sec10k123112_10-3b.htm


EXHIBIT 10.3(b)







SCHEDULE A TO EXHIBIT 10.3(a)







The following individuals entered into Director Retirement Plans with The Ohio Valley Bank Company identified below which are identical to the Director Retirement Plan, dated December 18, 2012, between Jeffrey E. Smith and The Ohio Valley Bank Company filed herewith.








	
Name

	  	
Date of Director Retirement Plan


	  	  	  
	
Anna P. Barnitz

	  	
December 18, 2012


	  	  	  
	
Steven B. Chapman

	  	
December 18, 2012


	  	  	  
	
Harold A. Howe

	  	
December 18, 2012


	  	  	  
	
Brent A. Saunders

	  	
December 18, 2012


	  	  	  
	
David W. Thomas

	  	
December 18, 2012


	  	  	  
	
Lannes C. Williamson

	  	
December 18, 2012


	  	  	  
	
Thomas E. Wiseman

	  	
December 18, 2012
EXHIBIT 31.2

                CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
      AS ADOPTED PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, Michael Perry, certify that:

1. I have reviewed this Form 10-QSB of DirectView, Inc.;

2. Based on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements
made, in light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the small business
issuer as of, and for, the periods presented in this report;

4. The small business issuer's other certifying officer(s) and I are responsible
for establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and
have:

   (a) designed such disclosure controls and procedures, or caused such
   disclosure controls and procedures to be designed under our supervision, to
   ensure that material information relating to the small business issuer,
   including its consolidated subsidiaries, is made known to us by others within
   those entities, particularly during the period in which this report is being
   prepared;

   (b) evaluated the effectiveness of the small business issuer's disclosure
   controls and procedures and presented in this report our conclusions about
   the effectiveness of the disclosure controls and procedures, as of the end of
   the period covered by this report based on such evaluation; and

   (c) disclosed in this report any change in the small business issuer's
   internal control over financial reporting that occurred during the small
   business issuer's most recent fiscal quarter (the small business issuer's
   fourth fiscal quarter in the case of an annual report) that has materially
   affected, or is reasonably likely to materially affect, the small business
   issuer's internal control over financial reporting; and

5. The small business issuer's other certifying officer(s) and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the small business issuer's auditors and the audit committee of
the small business issuer's board of directors (or persons performing the
equivalent functions):

   (a) all significant deficiencies and material weaknesses in the design or
   operation of internal control over financial reporting which are reasonably
   likely to adversely affect the small business issuer's ability to record,
   process, summarize and report financial information; and

   (b) any fraud, whether or not material, that involves management or other
   employees who have a significant role in the small business issuer's internal
   control over financial reporting.

Date: May 17, 2004

/s/ Michael Perry
Michael Perry
Principal Financial and Accounting Officer
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-6455
ALEJANDRO DAVID BENJAMIN, Plaintiff - Appellant, versus JERRY R. TOWNSEND, Defendant - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca B. Smith, District Judge. (CA-96-45-2) Submitted: July 25, 1996 Decided: August 14, 1996 Before LUTTIG and MOTZ, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Alejandro David Benjamin, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals from the district court's order denying relief on his 42 U.S.C. § 1983 (1988) complaint. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Benjamin v. Townsend , No. CA-96-45-2 (E.D. Va. Jan. 25, Mar. 21, 1996). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
Form of Waiver of SEO to Lender



 Exhibit 10(n) 
 FORM OF WAIVER OF SEO TO LENDER 
 In consideration for the benefits I will receive as a result of the
participation of General Motors Corporation (together with its subsidiaries and affiliates, the “Company”) in the United States Department of the Treasury’s Program for Systemically Significant Failing Institutions (as
set forth in Notice 2008-PSSFI) and any other economic stabilization program implemented by the Department of the Treasury under the Emergency Economic Stabilization Act of 2008 (the “EESA”) either prior to or subsequent to
the date of this letter from me (any such program, including the Program for Systemically Significant Failing Institutions, an “EESA Program”), I hereby voluntarily waive any claim against the United States or my employer for
any changes to my compensation or benefits that are required to comply with the regulations issued by the Department of the Treasury in connection with an EESA Program, including without limitation the guidelines set forth in Notice 2008-PSSFI and
the requirements of the Loan and Security Agreement dated as of December 31, 2008 between the Company and the United States Department of the Treasury (the “Limitations”). 
 I acknowledge that the aforementioned regulations and Limitations may require modification of the compensation, bonus, incentive and other benefit plans,
arrangements, policies and agreements (including so-called “golden parachute” agreements), whether or not in writing, that I may have with the Company or in which I may participate as they relate to the period the United States holds any
equity or debt securities of the Company acquired through an EESA Program, including without limitation the Program for Systemically Significant Failing Institutions, or for any other period applicable under such EESA Program or Limitations, as the
case may be. 
 This waiver includes all claims I may have under the laws of the United States or any state related to the requirements
imposed by the aforementioned regulations and Limitations, including without limitation a claim for any compensation or other payments or benefits I would otherwise receive, any challenge to the process by which the aforementioned regulations or
Limitations are or were adopted and any tort or constitutional claim about the effect of these regulations or Limitations on my employment relationship. 
 Intending to be legally bound, I have executed this Waiver 
 as of this 31st day of December, 2008.
**Exhibit31.2	CERTIFICATION OF PRINCIPALFINANCIAL OFFICER
I, Henry Fahman, Principal FinancialOfficer of Catalyst Resource Group, Inc. certify that:

1.   I have reviewed this annual report on Form 10-K/A ofCATALYST RESOURCE GROUP, INC.;

2.   Basedon my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under which such statements were made, not misleading with respect tothe year covered by this report;

3.   Basedon my knowledge, the financial statements, and other financial information included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flows of the registrant as of, and for, the years presented inthis report;

4.   Theregistrant's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures(as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and we have:

    (a)Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision,to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the year in which this report is being prepared;

    (b)Evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures, as of the end of the year covered by this report based on suchevaluation; and

    (c)Disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the registrant'smost recent fiscal year that has materially affected, or is reasonably likely to materially affect, the registrant's internal controlover financial reporting; and

5.   Theregistrant's other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financialreporting, to the registrant's auditors and the audit committee of registrant's board of directors;

    (a)All significant deficiencies and material weaknesses in the design or operation of internal controls over financial reporting whichare reasonably likely to adversely affect the registrant's ability to record, process, summarize and report financial information;and

    (b)Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant'sinternal controls over financial reporting.

Date: November 3, 2011	 CATALYST RESOURCE GROUP, INC.
By:  /s/ Henry Fahman         Henry FahmanInterim Chief Financial Officer**
Exhibit 32.2

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

In connection with the Quarterly Report on Form 10-Q for the fiscal quarter ended May 1, 2010 of Stein Mart, Inc. (the Form 10-Q), I,
Gregory W. Kleffner, Chief Financial 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 Form 10-Q fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
|-- | ------------------------------------------------------------------------------------------------------------------------



|2. | The information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------------



|                   |  |                                                     
|------------------ |  | ----------------------------------------------------
|Date: June 9, 2010 |  | /s/ Gregory W. Kleffner                             
|                   |  | Gregory W. Kleffner                                 
|                   |  | Executive Vice President and Chief Financial Officer
No. 1146.

#### Ivusich *v.*Cunard White Star, Ltd.

May 27, 1946.

*Jacob Rassner*and *George J. Engelman*for petitioner.

Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied.
ex10_24.htm








EXHIBIT 10.24







SUMMARY OF ANNUAL CASH INCENTIVE


BONUS PLAN FOR EXECUTIVE OFFICERS


 


Pursuant to their employment letter agreements, executive officers of Craft Brew Alliance, Inc. (the "Company"), are eligible for annual cash incentive bonus opportunities subject to attainment of corporate level goals and individual performance objectives.







The annual incentive bonus opportunities for the Company’s executive officers are set by the Compensation Committee (the "Committee") of the Company's Board of Directors (the "Board") each year as a percentage of the executive’s annual base salary. For 2013, the percentages range from 50 percent to 80 percent of base salary.







Bonus opportunities related to corporate level goals:


The corporate level goals relate to 80% of the bonus opportunity. The corporate level goals are generally defined by objectively measureable financial metrics, including, among others, achieving specified target levels of earnings before interest, taxes, depreciation and amortization (“EBITDA”), sales revenues, either for the Company as a whole or for certain key regions or brands, market share, depletion growth, and similar measures. For 2013, the corporate component of the target bonuses is tied 50 percent to achievement of a specified EBITDA target and 50 percent to achievement of a specified sales revenue target for the Company.







Achievement above or below the specified target levels for the financial metrics may result in an upward or downward adjustment in the bonus amount payable. Typically, the adjustment is calculated as the product of a defined factor (2.5% for 2013) and the percentage by which the actual achievement of a given financial metric is above or below the target level. If the Company fails to achieve a specified financial target at the 80 percent level or above, no part of the bonus opportunity associated with that target is earned.







Bonus opportunities related to individual performance objectives:


The individual performance objectives relate to 20% of the bonus opportunity. The individual performance objectives are generally based on achieving financial, strategic, operational and other goals in functional areas for which the executive has responsibility. Individual performance objectives are tied to the officer's role in achieving the Company's strategic and operating goals.


 


Payout of Bonuses:


The Committee determines the extent to which corporate level objectives and individual performance goals have been satisfied following the end of each fiscal year. Payment of bonuses, if any, is made promptly following the Committee's determination. An executive will not be entitled to receive a bonus if he or she does not remain employed by the Company through the date of the Committee's determination, unless the Committee approves otherwise.