alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Peter E. WICHER, Plaintiff-Appellant, v. OSCEOLA COUNTY SHERIFF’S OFFICE, et al., Defendants, John Does, 1-5, Robert E. Hansell, Sheriff of Osceola County, Defendants-Appellees.

No. 11-14625

Non-Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

Jan. 7, 2013.

Derek Benjamin Brett, Kellie Elizabeth Torneo, The Tate Firm, PLLC, Jacqueline Hilary Dowd, Legal Advocacy at Work, Inc., Orlando, FL, for Plaintiff-Appellant.

Wayne Helsby, Allen Norton *&*Blue, PA, Winter PARK, FL, for Defendants.

Before JORDAN, HILL, and ANDERSON, Circuit Judges.

PER CURIAM:

This is an appeal from the dismissal without prejudice of plaintifiyappellant’s, Peter E. Wicher’s, verified amended complaint filed against defendants/appellees, Osceola County Sheriffs Office, Joseph Esposito, John Does 1-5, Robert E. Han-sell, Sheriff of Osceola County, on Wicher’s claims for substantive and procedural due process under the Fourteenth Amendment, his free speech claims under the First and Fourteenth Amendments, and his state law claims for violations of Fla. Stats. §§ 112.532-33 (2010).

We have reviewed the record in this appeal, the briefs, and the arguments of counsel. Finding no error, we affirm the judgment of the district court.

AFFIRMED.
Exhibit 10.31


 


AMENDMENT TO


FIRST CHESTER COUNTY CORPORATION


EXECUTIVE INCENTIVE PLAN


 


Pursuant to the authority reserved to the Board of Directors of First
Chester County Corporation under Section 7.1 of the First Chester County
Corporation Executive Incentive Plan (the “Plan”), the Plan is hereby amended
as of this 10th day of December, 2008 as follows:


 


FIRST AND ONLY CHANGE


 


The Plan is hereby amended to add the following new Article 8 to
the end thereof:


 


“ARTICLE VIII—Limitations and Restrictions


 


8.1           Notwithstanding any
provision of this Plan to the contrary, in the event that the Corporation or
any of its subsidiaries participates in the Capital Purchase Program
established by the U. S. Treasury pursuant to the Emergency Economic
Stabilization Act of 2008 (the “CPP”), the benefits and payments otherwise due
a Participant under this Plan shall be restricted, modified or eliminated as is
necessary to satisfy the requirements of 31 CFR Part 30 or such other
guidance or regulations promulgated by the U. S. Treasury under the CPP (“CPP
Regulations”), including but not limited to the limitations and restrictions
described in Section 8.2 an 8.3.


 


8.2           If a Participant is
or becomes a “senior executive officer”(SEO) , within the meaning of the CPP
Regulations, during the period that the U. S. Treasury holds an equity or debt
position of the Corporation or any subsidiary thereof acquired under the CPP,
the present value of all benefits and payments otherwise due the Participant
under the Plan and all other compensation arrangements with the Corporation on
account of Executive’s “applicable severance from employment,” as defined under
the CPP Regulations, shall be limited to 2.99 times the Participant’s “base
amount,” as defined under the CPP Regulations.


 

















 


8.3           If a Participant is
or becomes an SEO, any payments made to the Participant under this Plan during
the period the U. S. Treasury holds an equity or debt position of the
Corporation or any subsidiary thereof acquired under the CPP, shall be subject
to recovery by the Corporation and its subsidiaries at anytime to the extent
such payments were based on materially inaccurate financial statements or any
other materially inaccurate performance metric.”


 


IN WITNESS WHEREOF, this Amendment is executed on behalf of the
Corporation as of the day and year first written above.


 


	
   

  	
  FIRST CHESTER COUNTY CORPORATION

  
	
   

  	
   

  	
   

  
	
   

  	
  By:

  	
   /s/ John A. Featherman, III

  
	
   

  	
   

  	
        John A. Featherman, III,
  Chairman and Chief 

        Executive Officer

  



 


2
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Reserve System

                    The companies listed in this notice have applied to the Board for approval, pursuant to the Home Owners' Loan Act (12 U.S.C. 1461*et seq.*) (HOLA), Regulation LL (12 CFR part 238), and Regulation MM (12 CFR part 239), and all other applicable statutes and regulations to become a savings and loan holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a savings association and nonbanking companies owned by the savings and loan holding company, including the companies listed below.                

The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the HOLA (12 U.S.C. 1467a(e)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 10(c)(4)(B) of the HOLA (12 U.S.C. 1467a(c)(4)(B)). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.

Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than September 6, 2017.

*A. Federal Reserve Bank of San Francisco*                     (Gerald C. Tsai, Director, Applications and Enforcement) 101 Market Street, San Francisco, California 94105-1579:                

                    1.                     *The Charles Schwab Corporation,*                     San Francisco, California; to acquire voting shares of Nordstrom FSB, Scottsdale, Arizona                

Board of Governors of the Federal Reserve System, August 8, 2017.

Yao-Chin Chao,

Assistant Secretary of the Board.

[FR Doc. 2017-17002 Filed 8-10-17; 8:45 am]

 BILLING CODE P
EXHIBIT 32
 
 CERTIFICATION PURSUANT TO
 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
 
 In connection with the Annual Report of Le@P Technology, Inc. (the “Registrant”), on Form 10-K/A for the annual period ended December 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned, in the capacities and on the date indicated below, hereby certifies 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 and 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 Registrant.
   Date:  May 2, 2011
/s/ Timothy LincolnTimothy LincolnActing Principal Executive Officer
 
 
 Date:  May 2, 2011
/s/ Mary ThomasMary ThomasActing Principal Financial Officer
Exhibit 32.1
 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (1)
    
    The Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 (15 U.S.C 78m or 78o(d));
and(2)
    
    The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations
of the Company.
 Date:   March 11, 2011
    /s/ Arthur A. BottoneArthur A. BottonePresident and Chief Executive Officer
(Principal Executive Officer)
Exhibit 10.11.2


 





 


February 6,
2009


 


Dr. Oliver
Peoples


c/o Metabolix, Inc.


21 Erie Street


Cambridge,
MA 02139


 


Re:  Second Amendment to Employment Agreement


 


Dear
Oliver:


 


This letter amends the terms of the Employment Letter
Agreement (the “Agreement”) dated as of July 20, 2006 by and between
Metabolix, Inc. (the “Company”) and you, as previously amended, as set
forth below.  Capitalized terms not
defined herein shall have the meaning specified in the Agreement.


 


1.                                       Section 4(e)(iii) of
the Agreement is hereby amended by deleting said section in its entirety and
substituting the following therefor:


 


(iii)                               any
one person, entity or group, who is not a shareholder at time of execution
of this Agreement, acquires ownership of capital stock of the Company that,
together with the capital stock of the Company already held by such person,
entity or group, constitutes more than 50% of the total fair market value or
total voting power of the capital stock of the Company; provided, however, if
any one person, entity or group is considered to own more than 50% of the total
fair market value or total voting power of the capital stock of the Company,
the acquisition of additional capital stock by the same person, entity or group
shall not be deemed to be a Change of Control.


 


2.                                       Except
as amended herein, the Agreement is hereby confirmed in all other respects and
nothing contained herein shall be deemed a waiver of any right or abrogation of
any obligation otherwise existing under the Agreement except to the extent
specifically provided for herein.


 


Please indicate your acceptance of this amendment to
the Agreement by signing the enclosed copy of this letter and returning it to
me.


 


 


	
   

  	
  METABOLIX, INC.

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By: 

  	
  /s/ Richard P. Eno

  
	
   

  	
   

  	
  Richard P. Eno

  
	
   

  	
   

  	
  President & CEO

  



 


Metabolix | 21 Erie
Street | Cambridge | MA | 02139 | USA


tel: 617 583 1700 | fax:
617 583 1767 | www.metabolix.com


 

















 


	
  Accepted and agreed:

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
  /s/ Oliver P. Peoples

  	
   

  
	
  Oliver P. Peoples

  	
   

  
	
   

  	
   

  
	
  Date: 

  	
  2/25/2009

  	
   

  
			



 


2
<PAGE>

                                                                    EXHIBIT 32.1

                              AEROSONIC CORPORATION

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

In connection with the Annual Report on Form 10-K of Aerosonic Corporation (the
"Company") for the period ending January 31, 2003, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, David A. Baldini,
President and Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. Section 1350, as adopted by Section 906 of the Sarbanes-Oxley Act of
2002, that to my 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 consolidated financial condition and results of
          operations of the Company.

October 31, 2003
        --


/s/ DAVID A. BALDINI
-------------------------------------
David A. Baldini
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 upon request.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM MOLECULAR
DYNAMICS, INC'S QUARTERLY REPORT ON FORM 10-Q FOR THE PERIOD ENDED JUNE 30, 1998
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                           8,493
<SECURITIES>                                    11,239
<RECEIVABLES>                                   17,025
<ALLOWANCES>                                       295
<INVENTORY>                                     11,373
<CURRENT-ASSETS>                                55,127
<PP&E>                                          11,718
<DEPRECIATION>                                   7,087
<TOTAL-ASSETS>                                  63,875
<CURRENT-LIABILITIES>                           21,574
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           105
<OTHER-SE>                                      42,197
<TOTAL-LIABILITY-AND-EQUITY>                    63,876
<SALES>                                         29,298
<TOTAL-REVENUES>                                29,298
<CGS>                                           13,504
<TOTAL-COSTS>                                   13,504
<OTHER-EXPENSES>                                13,569
<LOSS-PROVISION>                                    15
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  2,832
<INCOME-TAX>                                       707
<INCOME-CONTINUING>                              2,125
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,125
<EPS-PRIMARY>                                      .20
<EPS-DILUTED>                                      .19
        

</TABLE>
FILED

June 3, 1998

Cecil Crowson, Jr.

Appellate C ourt Clerk

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT KNOXVILLE

MAY 1998 SESSION

RODERICK L. WEDDINGTON, )

) NO. 03C01-9607-CR-00258

Appellant, )

) HAMILTON COUNTY No. 211036

VS. )

) HON. DOUGLAS A. MEYER,

STATE OF TENNESSEE, ) JUDGE

)

Appellee. ) (AFFIRMED - Rule 20)

O R D E R

Appellant, Roderick L. Weddington, appeals the Hamilton County Criminal

Court's summary dismissal of his petition for post-conviction relief. We affirm the

dismissal pursuant to Rule 20, Tennessee Court of Criminal Appeals. 

On June 17, 1994, appellant entered a guilty plea to two (2) counts of

aggravated robbery. On May 30, 1996, he filed a petition for post-conviction relief

alleging ineffective assistance of counsel and an involuntary guilty plea. The trial

court dismissed the petition summarily as being outside the one-year statute of

limitations. See Tenn. Code Ann. § 40-30-202. It is this dismissal that is the

subject of this appeal.

The petition is governed by the Post-Conviction Procedure Act of 1995 since

it was filed after May 10, 1995. See Tenn. Code Ann. § 40-30-201 Compiler’s

Notes. A petition for post-conviction relief must be filed within one (1) year of the

date on which the judgment became final. Tenn. Code Ann. § 40-30-202(a). The

judgments of conviction became final on June 17, 1994, based upon the guilty plea

and waiver of appeal. Nevertheless, appellant had until May 10, 1996, to file a

petition for post-conviction relief. Tenn. Code Ann. § 40-30-201 Compiler’s Notes.

The petition does not allege any exceptions to the statute of limitations as set forth

in Tenn. Code Ann. § 40-30-202(b). Since the petition was filed after May 10, 1996,

it is barred by the statute of limitations. See Jason L. Jennings v. State, C.C.A. No.

01C01-9703-CR-00106, Davidson County (Tenn. Crim. App. filed April 1, 1998, at
2

Nashville); Albert Holston v. State, C.C.A. No. 02C01-9609-CR-00298, Shelby

County (Tenn. Crim. App. filed July 28, 1997, at Jackson); Teresa King v. State,

C.C.A. No. 01C01-9610-CR-00449, Davidson County (Tenn. Crim. App. filed

January 16, 1997, at Nashville), perm. app. denied (Tenn. May 12, 1997). 

For this reason, we are unable to find any error in the proceedings below.

Accordingly, it is hereby ORDERED that the judgment of the trial court is affirmed

in accordance with Rule 20, Tennessee Court of Criminal Appeals. Since the

record reflects that the appellant is indigent, costs of this proceeding shall be

assessed to the state.

ENTER:

________________________________

JOE G. RILEY, JUDGE

________________________________

JOSEPH M. TIPTON, JUDGE

________________________________

CURWOOD WITT, JUDGE
No. 1111.

#### St. Louis-San Francisco Railway Co. *v.*Chase National Bank et al.

June 10, 1946.

*William V. Hodges*for petitioner.

*Arthur A. Gammell*for the Chase National Bank, respondent.

Petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit denied.
<PAGE>

                   FORWARD-LOOKING STATEMENTS

From time to time, the Company may publish forward-looking
statements relating to such matters as anticipated financial
performance, business prospects and operations, capital
expenditures, technological developments, new products, research
and development activities and similar matters.  The Private
Securities Litigation Reform Act of 1995 provides a safe harbor for
forward-looking statements.  In order to comply with the terms of
the safe harbor, the Company notes that a variety of important
factors could cause the Company's actual results and experience to
differ materially from the anticipated results or other
expectations expressed in the Company's forward-looking statements. 
The important factors that may influence the operations,
performance, development and results of the Company's business
include the following:

-    In those markets where the Company maintains market
     leadership, it will most likely retain preferred retail space
     allocation which enhance results.

-    Availability, pricing and sourcing of raw materials has been
     relatively stable and a competitive advantage but the
     inability to maintain this stability could modify results.

-    The Company has historically been successful marketing to
     different segments of the population.  Failure to adequately
     anticipate and react to changing demographics and product
     preferences could negatively affect results.

-    Both manufacturing and sales of a significant portion of the
     Company's products are outside the United States and could be
     disadvantaged by volatile foreign currencies and markets.

-    The Company competes worldwide with other well established
     manufacturers of chewing gum.  The Company's results may be
     adversely affected by a failure of new or existing products to
     be favorably received, by ineffective advertising, or by
     failure to sufficiently counter aggressive competitive
     actions.

-    Underutilization of or inadequate manufacturing capacity due
     to unanticipated movements in consumer demands could
     materially affect manufacturing efficiencies and costs.

-    Discounting and other competitive actions may make it more
     difficult for the Company to maintain its historically strong
     operating margins.

-    Governmental regulations with respect to import duties,
     tariffs and environmental controls, both in and outside the
     U.S., could negatively impact the Company's costs and ability
     to compete in domestic or foreign markets.

-    The Company has not had any material labor stoppages,
     nevertheless, such disputes or strikes could unfavorably
     affect shipments from suppliers or shipment of finished
     product.

-    The failure of basic infrastructure (i.e., utilities) could
     impede the ability of the Company's factories to continue
     operating.

-    The failure of the Company's suppliers, customers or business
     partners to be Year 2000 ready could interrupt the Company's
     ability to continue to operate unimpeded into the Year 2000
     and beyond.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Election Commission

# AGENCY:

Federal Election Commission.

# DATE AND TIME:

Tuesday, July 11, 2017 at 10:00 a.m. and its Continuation at the Conclusion of the Open Meeting on July 13, 2017.

# PLACE:

999 E Street NW., Washington, DC.

# STATUS: 

This Meeting was Closed to the Public.

## Federal Register Notice of Previous Announcement—82 FR 31327

# CHANGE IN THE MEETING:

This meeting was continued on Tuesday, August 15, 2017.

* * * * *

# PERSON TO CONTACT FOR INFORMATION:

Judith Ingram, Press Officer, Telephone: (202) 694-1220.

Laura E. Sinram,

Acting Secretary of the Commission.

[FR Doc. 2017-17711 Filed 8-17-17; 11:15 am]

BILLING CODE 6715-01-P