alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 United States Court of Appeals,

Fifth Circuit.
No. 96-20775. In the Matter of: Robert L. LACEY, Debtor. ROBERT A. LACEY FAMILY TRUST, Linda Kay Lacey Trust, R. Lacey, Trustee, Appellants,

v.

David J. ASKANASE, Trustee, Appellee.

June 16, 1997. Appeal from the Uni ted States District Court for the Southern District of Texas. Before JOLLY, DUHÉ and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:
Robert A. Lacey, as trustee of the Robert A. Lacey Family Trust and the Linda Kay Lacey Trust, appeals the district court's
affirmance of the bankruptcy court's judgment allowing David J. Askanase, as trustee of Lacey's bankruptcy estate, to recover certain assets transfer red into the defendant trusts. Under F E D
. R. A PP
. P. 4(a)(1), Lacey's notice of appeal must have bee n filed
within thirty days of entry of the district court's judgment. The
district court entered its judgment on July 11, 1996; the
thirtieth day following that date was Saturday, August 10, 1996.
Under F ED
. R. A PP . P. 26(a), the deadline for filing the notice of appeal was the fo llowing Monday, August 12, 1996. The notice of appeal, however, is stamped as filed on August 13, 1996.
Lacey, however, argues t hat the notice was, in fact, timely
filed. Lacey, by sworn affidavit, avers that he personally2

deposited the notice of appeal in the internal mailbox at the
United States Post Office in Bryan, Texa s before 11:30 a.m. on Thursday, Augu st 8, 1996, four days before the filing deadline. Bryan, Texas is approximately ninety-five miles from the district

court in downtown Houston. On the same day, counsel for Lacey sent a copy of the notice of appeal to opposing counsel via registered
mail; opposing counsel received the notice the very next day. Opposing c ounsel's offices are located in Bellaire, Texas, less
than nine miles from the district court. Lacey thus concludes that the district court, like opposing counsel, must have received the
notice prior to Tuesday, August 13, 1996, and that the district court simply failed to stamp the notice of appeal as filed at the
time it was received. Alternatively, Lacey requests a one day
extension of time for good cause shown under F ED . R. A PP . P. 26(b)
and Local Rule 26.2.

A timely notice of appeal is mandatory and jurisdictional,
First Nationwide Bank v. Summer House Joint Venture, 902 F.2d 1197, 1199 (5th Cir.1990), and we have no power to enlarge the time for filing a notice of appeal under any circumstances. S ee F ED
. R. A PP
. P. 26(b). Lacey could have requested an extension of time from the
district court for good cause shown within thirty days of the deadline, see F ED
. R. A PP . P. 4(a)(5), but there is nothing in the record to indicate that he did so. Therefore, we DISMISS Lacey's appeal for lack of appellate jurisdiction.
IV 

House Calendar No. 70

108TH CONGRESS 

1ST SESSION H. RES. 292

[Report No. 108–174] 

Waiving a requirement of clause 6(a) of rule XIII with respect to 

consideration of certain resolutions reported from the Committee on Rules. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 23, 2003

Mrs. MYRICK, from the Committee on Rules, reported the following resolution; 

which was referred to the House Calendar and ordered to be printed 

RESOLUTION

Waiving a requirement of clause 6(a) of rule XIII with 

respect to consideration of certain resolutions reported 

from the Committee on Rules.

1 Resolved, That the requirement of clause 6(a) of rule 

2 XIII for a two-thirds vote to consider a report from the 

3 Committee on Rules on the same day it is presented to 

4 the House is waived with respect to any resolution re5 ported on the legislative day of June 24, 2003, providing 

6 for consideration or disposition of the bill (H.R. 2417) to 

7 authorize appropriations for fiscal year 2004 for intel-
2

HRES 292 RH 

1 ligence and intelligence-related activities of the United 

2 States Government, the Community Management Ac3 count, and the Central Intelligence Agency Retirement 

4 and Disability System, and for other purposes. 

House Calendar No. 70

108TH CONGRESS 

1ST SESSION H. RES. 292

[Report No. 108–174] 

RESOLUTION

Waiving a requirement of clause 6(a) of rule XIII 

with respect to consideration of certain resolutions reported from the Committee on Rules. 

JUNE 23, 2003

Referred to the House Calendar and ordered to be 

printed
EXHIBIT 21
                                ----------

                SUBSIDIARIES AND JOINT VENTURE OF THE COMPANY


As of March 31, 2000, the Company owned a majority to 100% of the
following securities of the following subsidiaries and Joint Venture:

                            State (Country)         Percentage of Voting
Subsidiary                  of Incorporation          Securities Owned
----------                  ----------------        --------------------
San Luis Estates, Inc.          Colorado                   100.00%
Universal Developers, Inc.      Wisconsin                  100.00%
Homespan Realty Co., Inc.       Wisconsin                  100.00%
Ecomm Group Inc.                Wisconsin                   51.00%
San Sebastian Gold Mines, Inc.  Nevada                      82.50%
Mineral San Sebastian,          El Salvador,
 S.A. de C.V.                   Central America)            52.00%
Commerce/Sanseb                 Wisconsin (and El Salvador,
 Joint Venture                  Central America)            90.00%
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          21,735
<SECURITIES>                                         0
<RECEIVABLES>                                   17,204
<ALLOWANCES>                                         0
<INVENTORY>                                     27,666
<CURRENT-ASSETS>                                67,996
<PP&E>                                         152,245
<DEPRECIATION>                                  45,586
<TOTAL-ASSETS>                                 177,915
<CURRENT-LIABILITIES>                           47,068
<BONDS>                                         70,572
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        57,251
<OTHER-SE>                                     (1,317)
<TOTAL-LIABILITY-AND-EQUITY>                   177,915
<SALES>                                        374,091
<TOTAL-REVENUES>                               376,418
<CGS>                                          346,665
<TOTAL-COSTS>                                  346,665
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              13,891
<INCOME-PRETAX>                                  7,812
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              7,812
<DISCONTINUED>                                  15,160
<EXTRAORDINARY>                                (3,917)
<CHANGES>                                            0
<NET-INCOME>                                    19,055
<EPS-PRIMARY>                                     0.69
<EPS-DILUTED>                                     0.69
        

</TABLE>
ANNUAL REPORT
##### 



EXHIBIT 99.2
 ZALE CORPORATION
COMPENSATION COMMITTEE CHARTER
 Purposes
  
    
    Monitoring compensation practices at other companies generally and
in the retail industry in particular;
    
    Establishing corporate goals and objectives with respect to
compensation; and
    
    Overseeing the Companys compensation setting practices.
   Membership
 Appointment and Removal
 Number and Meetings
 Independence . Annex A




---



##### 



Responsibilities
  Executive Compensation Policies and Programs
 Director Compensation
 Approval of Newly-Hired and Promoted Officers
 Chief Executive Officer Compensation
 Non-CEO Compensation
 Incentive Compensation Plans
 Equity-Based Plans
 2




---



##### 



Certain Other Plans provided, however,
 Regulatory Compliance
 Proxy Statement Report
 Review of Other Matters
 Other Duties
 Reports to the Board
 Annual Evaluation
 3




---



##### 



Annex A  Compensation Committee
Independence Requirements
 NYSE Rules.
 (i)
    
    A director who is an employee, or whose immediate family member is an executive
officer, of the Company is not independent until three years after the end of such
employment relationship.(ii)
    
    A director who receives, or whose immediate family member receives, more than
$100,000 per year in direct compensation from the Company, other than director and
committee fees and pension or other forms of deferred compensation for prior service
(provided such compensation is not contingent in any way on continued service), is not
independent until three years after he or she ceases to receive more than $100,000 per
year in such compensation.(iii)
    
    A director who is affiliated with or employed by, or whose immediate family
member is affiliated with or employed in a professional capacity by, a present or
former internal or external auditor of the Company is not independent until three
years after the end of the affiliation or the employment or auditing relationship.(iv)
    
    A director who is employed, or whose immediate family member is employed, as an
executive officer of another company where any of the Companys present executives
serve on that companys compensation committee is not independent until three years
after the end of such service or the employment relationship.(v)
    
    A director who is an executive officer or an employee, or whose immediate
family member is an executive officer, of a company that makes payments to, or receives
payments from, the Company for property or services in an amount which, in any single
fiscal year, exceeds the greater of $1 million or 2% of such other companys
consolidated gross revenues, is not independent until three years after falling below
such threshold.
 Internal Revenue Code.
 SEC Section 16.
 4




---



##### 



5
**Exhibit
      32.2**





**Written
      Statement of the Chief Executive Officer and Chief Financial
      Officer**


**Pursuant
      to
      18 U.S.C. Section 1350**








Solely
      for the
      purposes of complying with 18 U.S.C. Section 1350, as adopted pursuant to
      Section 906 of the Sarbanes-Oxley Act of 2002, we, the undersigned Chief
      Executive Officer and Chief Financial Officer of Wisconsin Public Service
      Corporation (the "Company"), hereby certify, based on their knowledge, that
      the
      Annual Report on Form 10-K of the Company for the year ended December 31, 2005
      (the "Report") fully complies with the requirements of Section 13(a) of the
      Securities Exchange Act of 1934 and that information contained in the Report
      fairly presents, in all material respects, the financial condition and results
      of operations of the Company.










/s/
      Larry L.
      Weyers


Larry
      L.
      Weyers


Chairman
      and Chief
      Executive Officer








/s/
      Joseph P.
      O'Leary


Joseph
      P.
      O'Leary


Senior
      Vice
      President and Chief Financial Officer








Date:
      February 28,
      2006








This
      certification
      accompanies this Report pursuant to Section 906 of the Sarbanes-Oxley Act of
      2002 and shall not be deemed filed by Wisconsin Public Service Corporation
      for
      purposes of Section 18 of the Securities Exchange Act of 1934, as
      amended.





A
      signed original of this written statement required by Section 906 has been
      provided to Wisconsin Public Service Corporation and will be retained by
      Wisconsin Public Service Corporation and furnished to the Securities and
      Exchange Commission or its staff upon request.
<TABLE> <S> <C>


<ARTICLE>                                           BD
<LEGEND>
    This schedule contains summary financial information extracted from the
    financial statements for the six months ended November 30, 1997 and is
    qualified in its entirety by reference to such financial statements.
</LEGEND>

       
<S>                                            <C>
<PERIOD-TYPE>                                  6-MOS
<FISCAL-YEAR-END>                              MAY-31-1998               
<PERIOD-START>                                 JUN-01-1997              
<PERIOD-END>                                   NOV-30-1997

<CASH>                                           1,208,317
<RECEIVABLES>                                   53,079,339
<SECURITIES-RESALE>                                      0
<SECURITIES-BORROWED>                                    0
<INSTRUMENTS-OWNED>                             53,943,315
<PP&E>                                          20,247,101
<TOTAL-ASSETS>                                 156,514,583
<SHORT-TERM>                                             0
<PAYABLES>                                      28,130,876
<REPOS-SOLD>                                             0
<SECURITIES-LOANED>                                      0
<INSTRUMENTS-SOLD>                              18,413,953
<LONG-TERM>                                      3,500,000
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                           143,432
<OTHER-SE>                                      96,870,114
<TOTAL-LIABILITY-AND-EQUITY>                   156,514,583
<TRADING-REVENUE>                               50,096,225
<INTEREST-DIVIDENDS>                             3,783,846
<COMMISSIONS>                                   19,293,445
<INVESTMENT-BANKING-REVENUES>                            0
<FEE-REVENUE>                                    1,536,187
<INTEREST-EXPENSE>                                 384,023
<COMPENSATION>                                  26,233,522
<INCOME-PRETAX>                                  8,737,695
<INCOME-PRE-EXTRAORDINARY>                       4,795,765
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                     4,795,765
<EPS-PRIMARY>                                         0.37
<EPS-DILUTED>                                         0.37
        


</TABLE>
Exhibit 10.14


 


AMENDMENT


TO THE FIRST FARMERS AND MERCHANTS NATIONAL BANK

DIRECTOR SPLIT DOLLAR AGREEMENT


 


THIS
AMENDMENT, made and entered into this           
day of                           ,
by and between First Farmers and Merchants Bank, successor in interest to First
Farmers and Merchants National Bank, a bank organized and existing under the
laws of the State of Tennessee (hereinafter referred to as the “Bank”), and                         ,
a Director of the Bank (hereinafter referred to as the “Director”), shall
effectively amend the First Farmers and Merchants National Bank Director Split
Dollar Agreement dated                     
(hereinafter referred to as the “Agreement”) as specifically set forth herein.  Pursuant to Article 8 of the Agreement,
the Bank and the Director hereby adopt the following amendment:


 


1.)                                   Section 2.2,
“Director’s Interest,” shall be deleted in its entirety and replaced with the
following Section 2.2:


 


2.2           Director’s Interest.   Subject to the provisions of Article 4,
the Director shall have the right to designate the beneficiary of an amount
equal to the lesser of One Hundred Thousand Dollars ($100,000.00) or the
net-at-risk insurance portion of the proceeds. 
The net-at-risk insurance portion is the total proceeds minus the cash
surrender value of the policy.  The
Director shall also have the right to elect and change settlement options that
may be permitted.


 


This Amendment shall be
effective the        day of                     .  To the extent that any term, provision, or
paragraph of the Agreement is not specifically amended herein, or in any other
amendment thereto, said term, provision, or paragraph shall remain in full
force and effect as set forth in said Agreement.


 


[signatures
on following page]


 

















 


IN
WITNESS WHEREOF, the parties hereto acknowledge that each has
carefully read this Amendment and executed the original thereof on the first
day set forth hereinabove, and that, upon execution, each has received a
conforming copy.


 


	
   

  	
  FIRST FARMERS AND MERCHANTS
  BANK

  
	
   

  	
  Columbia,
  Tennessee

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  By:

  	
   

  
	
   

  	
   

  	
  (Bank Officer other
  than Insured)

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  Title:

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  DIRECTOR

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
					



 

















 


SCHEDULE


TO


AMENDMENT TO


FIRST FARMERS AND MERCHANTS NATIONAL BANK 

DIRECTOR SPLIT DOLLAR AGREEMENT


 


Director


 


Kenneth Abercrombie


James L. Bailey, Jr.


H. Terry Cook, Jr.


O. Rebecca Hawkins


Joseph W. Remke, III


T. Randy Stevens


John P. Tomlinson, III


William R. Walter


Dan C. Wheeler


David S. Williams
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.                  

###### Executive Office of the President

###### Office of National Drug Control Policy

# AGENCY:

Office of National Drug Control Policy (ONDCP).

# ACTION:

Notice of appointments.

# SUMMARY:

The following persons have been appointed to the ONDCP Senior Executive Service Performance Review Board: Dr. Terry Zobeck (as Chair), Mr. Michael Gottlieb, Ms. Michele Marx, and Mr. Kemp Chester.

# FOR FURTHER INFORMATION CONTACT:

Please direct any questions to Michael Passante, Deputy General Counsel (202) 395-6709, Office of National Drug Control Policy, Executive Office of the President, Washington, DC 20503.

Dated: August 16, 2017.

Michael Passante,

Deputy General Counsel.

[FR Doc. 2017-17689 Filed 8-21-17; 8:45 am]

BILLING CODE 3280-F5-P
EXHIBIT 32
                         SALIVA DIAGNOSTIC SYSTEMS, INC.
                                  JUNE 30, 2003


CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. ss. 1350

I, Leo  Ehrlich,  President  and Chief  Financial  Officer of Saliva  Diagnostic
Systems, Inc., hereby certify, to my knowledge:

      (1)   that the  Quarterly  Report  on Form  10-QSB  of  Saliva  Diagnostic
            Systems,  Inc. for the quarterly  period ended on September 30, 2003
            filed with the Securities and Exchange Commission on the date hereof
            at  File  No.  0-21284  (the  "Report")   fully  complies  with  the
            requirements  of  Section  13(a) or  15(d),  as  applicable,  of the
            Securities Exchange Act of 1934; and

      (2)   that the information contained in the Report fairly presents, in all
            material respects, the financial condition and results of operations
            of Saliva Diagnostic Systems, Inc.

The foregoing  certification is being furnished solely pursuant to 18 U.S.C. ss.
1350 and is not being  filed as part of the Report or as a  separate  disclosure
document.

Dated:  April 15, 2004
                                       /s/ Leo Ehrlich
                                       -----------------------------------------
                                       Leo Ehrlich
                                       President & Chief Financial Officer

                                       21
Fourth Court of Appeals

San Antonio, Texas

January 19, 2023

No. 04-22-00412-CR

Paul YBARRA,

Appellant

v.

The STATE of Texas,

Appellee

From the 226th Judicial District Court, Bexar County, Texas

Trial Court No. 2020CR6360

Honorable Laura Lee Parker, Judge Presiding

O R D E R

Appellant’s court-appointed attorney filed a brief and motion to withdraw pursuant to 

Anders v. California, 386 U.S. 738 (1967), in which counsel asserts there are no meritorious 

issues to raise on appeal. We therefore ordered appellant to file a pro se brief by December 16, 

2022 if he desired to file a brief. On December 27, 2022, appellant filed a pro se letter asking this 

court not to grant counsel’s motion to withdraw and explaining there are sufficient grounds for 

appeal. Appellant also filed a motion requesting a copy of the appellate record.

After consideration, we grant appellant’s motion requesting a copy of the appellate record and 

order the clerk of this court to send appellant a copy of the record. If appellant desires to file a 

pro se brief, we order he do so by February 21, 2023. Appellant is reminded this court ordered 

counsel’s motion to withdraw held in abeyance pending further order of this court.

_________________________________

Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 19th day of January, 2023.
___________________________________

MICHAEL A. CRUZ, Clerk of Court
<PAGE>

                                                                    Exhibit 99.1

     Certificate of Chief Executive Officer and Chief Financial pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002

     Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, each of the
undersigned certifies the within Quarterly Report on Form 10-Q for the period
ended June 30, 2002 fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 and that the information contained
in this report fairly presents in all material respects, the financial condition
and results of operations of Astropower, Inc.:


Date: August 14, 2002               By:  /s/ Allen M. Barnett
                                         ------------------------------------
                                         Chief Executive Officer


Date: August 14, 2002               By:  /s/ Thomas J, Stiner
                                         ------------------------------------
                                         Chief Financial Officer