alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America ex rel. Mounthasone BOTT; United States of America ex rel. Susan Newman, Plaintiffs-Appellants, v. SILICON VALLEY COLLEGES; Western Career Colleges; Greg Nathanson; Ellis C. Gedney; Darryl Lindsey; Steve Gallagher; Barbara Bickett; Janette C. Marquez; Patrick Sutherland; U.S. Education Corporation; George Montgomery; Leslie E. Pritchard; Almich & Associates, Defendants-Appellees.

No. 06-15423.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Dec. 7, 2007.

Filed Jan. 4, 2008.

*811Scott D. Levy, Esq., Houston, TX, Mark Allen Kleiman, Esq., Law Office of Mark Allen Kleiman, Los Angeles, CA, for Plaintiffs-Appellants.

Timothy J. Hatch, Gibson Dunn & Crutcher, LLP, Los Angeles, CA, George Charles Nierlich, Esq., Kathrin Sears, Esq., Gibson Dunn & Crutcher, LLP, Paul D. Fife, Esq., Wild, Carey and Fife, San Francisco, CA, Steven M. Gombos, Esq., Ritzert & Leyton PC, Fairfax, VA, for Defendants-Appellees.

Before: KOZINSKI, Chief Judge, COWEN * and HAWKINS, Circuit Judges.

*

 The Honorable Robert E. Cowen, Senior United States Circuit Judge for the Third Circuit, sitting by designation.

MEMORANDUM**

1. Relators have not pled with sufficient particularity any facts indicating that the periodic salary adjustments violated the Higher Education Act or its associated regulations. The Act does not prohibit salary reviews generally, but rather bars the payment of a “commission, bonus, or other incentive payment” solely on the basis of recruitment success. 20 U.S.C. § 1094(a)(20). Relators have not pled spe*812cific facts supporting the inference that salary reviews were performed solely on the basis of recruiting success. Nor have relators pled with sufficient particularity any facts demonstrating that the salary review system was merely a sham mechanism for funneling improper incentive pay. *See Bly-Magee v. California,*236 F.3d 1014, 1018 (9th Cir.2001). *Cf. United States ex rel. Hendow v. University of Phoenix,*461 F.3d 1166, 1169-70 (9th Cir.2006) (alleging fraud with sufficient particularity).

2. The decision to fire an employee is not covered by the Act because termination is not a prohibited “commission, bonus, or other incentive payment.” 20 U.S.C. § 1094(a)(20).

3. We need not determine whether the safe harbor regulation is actually valid. If defendants complied with a facially valid regulation, relators cannot show the required scienter under the False Claims Act for actions after the safe harbor regulation was promulgated. *See United States ex rel. Hochman v. Nachman,*145 F.3d 1069, 1073-74 (9th Cir. 1998). The safe harbor regulation is not facially invalid because the Higher Education Act prohibits direct or indirect bonuses, while the regulation specifies permissible means by which to calculate base salaries. *See Chevron U.S.A., Inc. v. Natural Res. Def. Council, Inc.,*467 U.S. 837, 843-44, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
VI 

114TH CONGRESS 

1ST SESSION S. 680 

For the relief of Maha Dakar. 

IN THE SENATE OF THE UNITED STATES 

MARCH 9, 2015 

Mr. BROWN introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

For the relief of Maha Dakar. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. ADJUSTMENT OF STATUS. 

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, for the purposes of the Immigration and Na6 tionality Act (8 U.S.C. 1101 et seq.), Maha Dakar shall 

7 be deemed to have been lawfully admitted to, and re8 mained in, the United States, and shall be eligible for ad9 justment of status to that of an alien lawfully admitted 

10 for permanent residence under section 245 of the Immi11 gration and Nationality Act (8 U.S.C. 1255) upon filing 

12 an application for such adjustment of status. 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•S 680 IS

1 (b) APPLICATION AND PAYMENT OF FEES.—Sub2 section (a) shall apply only if Maha Dakar files an applica3 tion for adjustment of status, with appropriate fees, not 

4 later than 2 years after the date of the enactment of this 

5 Act. 

6 (c) REDUCTION OF IMMIGRANT VISA NUMBERS.— 

7 Upon the granting of permanent resident status to Maha 

8 Dakar, the Secretary of State shall instruct the proper of9 ficer to reduce by 1, during the current or subsequent fis10 cal year, the total number of immigrant visas that are 

11 made available to natives of the country of the birth of 

12 Maha Dakar under section 202(a)(2) of the Immigration 

13 and Nationality Act (8 U.S.C. 1152(a)(2)). 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS
Exhibit 12

Computation of Ratio of Earnings to Fixed Charges  and Preferred Stock Dividend Requirements  (in thousands, except ratios)

Year Ended December 31,2009

2008

2007

2006

2005Excluding interest on depositsIncome before income taxes (1)

$
50,163

$
157,739

$
362,229

$
372,844

$
382,231Equity investee income


(3,545
)

(3,633
)

(6,983
)

(5,647
)

(2,068
)Equity investee distributions


2,827


3,914


6,629


4,844


2,234Preferred dividends of consolidated subsidiaries


(3,725
)

(3,145
)

(3,434
)

(3,407
)

(3,478
)Fixed charges:Interest expense (2)


24,319


62,958


72,416


63,700


32,712Interest within rental expense


12,286


11,913


10,300


9,644


8,439Preferred dividends of consolidated subsidiaries


3,725


3,145


3,434


3,407


3,478Total fixed charges

$
40,330

$
78,016

$
86,150

$
76,751

$
44,629Total earnings and fixed charges

$
86,050

$
232,891

$
444,591

$
445,385

$
423,548Fixed charges, as above


40,330

$
78,016

$
86,150

$
76,751

$
44,629Preferred stock dividends


34,285


3,225








Fixed charges including preferred stock dividends

$
74,615

$
81,241

$
86,150

$
76,751

$
44,629Ratio of earnings to fixed charges and preferred stock dividend requirements


1.15


2.87


5.16


5.80


9.49Including interest on depositsTotal earnings and fixed charges, as above

$
86,050

$
232,891

$
444,591

$
445,385

$
423,548Add: Interest on deposits


60,429


122,990


214,680


159,024


76,045Total earnings, fixed charges and interest on deposits

$
146,479

$
355,881

$
659,271

$
604,409

$
499,593Fixed charges, including preferred stock dividends, as above

$
74,615

$
81,241

$
86,150

$
76,751

$
44,629Add: Interest on deposits


60,429


122,990


214,680


159,024


76,045Total fixed charges including preferred stock dividends and interest on deposits

$
135,044

$
204,231

$
300,830

$
235,775

$
120,674Ratio of earnings to fixed charges and preferred stock dividend requirements


1.08


1.74


2.19


2.56


4.14


---

---



QuickLinks
Exhibit 99.1





CERTIFICATION PURSUANT TO


18 U.S.C. §1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Quarterly Report of Universal Hospital Services, Inc. (the Company) on
Form 10-Q for the period ended September 30, 2002 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Gary D. Blackford, President and Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





(1)  The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and





(2)  The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the
Company.





/s/    GARY D.
BLACKFORDGary D. Blackford President and Chief Executive Officer





November 12, 2002
II 

114TH CONGRESS 

1ST SESSION S. 536 

To amend the Internal Revenue Code of 1986 to exclude from gross income 

payments under the Indian Health Service Loan Repayment Program 

and certain amounts received under the Indian Health Professions Scholarships Program. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 24, 2015 

Mr. UDALL (for himself and Ms. MURKOWSKI) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to exclude 

from gross income payments under the Indian Health 

Service Loan Repayment Program and certain amounts 

received under the Indian Health Professions Scholarships Program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Indian Health Service 

5 Health Professions Tax Fairness Act of 2015’’. 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•S 536 IS

1 SEC. 2. EXCLUSION FROM GROSS INCOME FOR PAYMENTS 

2 UNDER INDIAN HEALTH SERVICE LOAN RE3 PAYMENT PROGRAM. 

4 (a) IN GENERAL.—Paragraph (4) of section 108(f) 

5 of the Internal Revenue Code of 1986 is amended by in6 serting ‘‘under section 108 of the Indian Health Care Im7 provement Act,’’ after ‘‘338I of such Act,’’. 

8 (b) CLERICAL AMENDMENT.—The heading for sec9 tion 108(f)(4) of such Code is amended by striking ‘‘AND

10 CERTAIN’’ and inserting ‘‘, INDIAN HEALTH SERVICE LOAN

11 REPAYMENT PROGRAM, AND CERTAIN’’. 

12 (c) EFFECTIVE DATE.—The amendments made by 

13 this section shall apply to payments made after the date 

14 of the enactment of this Act. 

15 SEC. 3. EXCLUSION OF CERTAIN AMOUNTS RECEIVED 

16 UNDER INDIAN HEALTH PROFESSIONS 

17 SCHOLARSHIPS PROGRAM. 

18 (a) IN GENERAL.—Paragraph (2) of section 117(c) 

19 of the Internal Revenue Code of 1986 is amended by strik20 ing ‘‘or’’ at the end of subparagraph (A), by striking the 

21 period at the end of subparagraph (B) and inserting ‘‘, 

22 or’’, and by adding at the end the following new subpara23 graph: 

24 ‘‘(C) the Indian Health Professions Schol25 arships Program under section 104 of the In26 dian Health Care Improvement Act.’’. 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•S 536 IS

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall apply to amounts received in taxable 

3 years beginning after December 31, 2014. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS
II 

114TH CONGRESS 

2D SESSION S. 3507 

To extend the waiver of limitations with respect to excluding from gross 

income amounts received by wrongfully incarcerated individuals. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 6, 2016 

Mr. CORNYN introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To extend the waiver of limitations with respect to excluding 

from gross income amounts received by wrongfully incarcerated individuals. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. EXTENSION OF WAIVER OF LIMITATIONS WITH 

4 RESPECT TO EXCLUDING FROM GROSS IN5 COME AMOUNTS RECEIVED BY WRONGFULLY 

6 INCARCERATED INDIVIDUALS. 

7 (a) IN GENERAL.—Section 304(d) of the Protecting 

8 Americans from Tax Hikes Act of 2015 is amended by 

9 striking ‘‘1-year’’ and inserting ‘‘2-year’’. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
2 

•S 3507 IS

1 (b) TECHNICAL CORRECTION.—Section 304(d) of 

2 such Act is amended by striking ‘‘application of this Act’’ 

3 and inserting ‘‘application of this section’’. 

4 (c) EFFECTIVE DATE.—The amendments made by 

5 this section shall take effect as if included in section 304 

6 of the Protecting Americans from Tax Hikes Act of 2015. 

Æ 


asabaliauskas on DSK3SPTVN1PROD with BILLS
Exhibit No. 31.2

SECTION 302 CERTIFICATION

CERTIFICATIONS

I, Christ H. Manos certify that:

1. I have reviewed this report on Form 10-K of Williams Industries, Inc.

2. Based on my knowledge, this report on Form 10-K 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 registrant as of, and for, the periods presented in this report;

4. The registrant'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 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 by others within those
entities, particularly during the period 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 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 changes in the registrant's internal
control over financial reporting that occurred during the registrant's most
recent fiscal quarter (the registrant's fourth fiscal quarter in the case
of an annual report) that has materially affected, or is reasonably likely
to materially affect, the registrant's internal control over financial
reporting; and

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

a. All significant deficiencies in the design or operation of internal
control over financial reporting which are 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's internal controls
over financial reporting.

October 17, 2006
/s/ Christ H. Manos
-------------------
Christ H. Manos
Treasurer, Controller
##### 



EXHIBIT 31.A CERTIFICATION I, John W. Somerhalder II, certify that: 1. I have reviewed this annual report on Form 10-K of Colorado
Interstate Gas Company; 2. Based on my knowledge, this annual 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 annual report; 3. Based on my knowledge, the financial statements, and other financial
information included in this annual report, fairly present in all
material respects the financial condition, results of operations and
cash flows of the registrant as of, and for, the periods presented in
this annual report; 4. The registrant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
registrant 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 registrant, 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 registrant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 registrants
internal control over financial reporting that occurred during
the registrants most recent fiscal quarter (the registrants
fourth fiscal quarter in the case of an annual report) that
has materially affected, or is reasonably likely to materially
affect, the registrants internal control over financial
reporting; and 5. The registrants other certifying officer(s) and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the registrants auditors and the audit committee of the
registrant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
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s internal control over financial reporting. Date: March 29, 2005 /s/ John W. Somerhalder IIJohn W. Somerhalder IIChairman of the Board and
Chief Executive Officer
(Principal Executive Officer)
Colorado Interstate Gas Company
Exhibit 10.17 

EXECUTIVE OFFICER CASH COMPENSATION ARRANGEMENTS 

Annual salaries for Avigen’s “named
executive officers” are, as of March 15, 2009, as follows: 

	Name 	         	Position 	         	Salary 
	Kenneth Chahine, J.D., Ph.D.  		President, Chief Executive  		$ 	       443,251 
	  		Officer and Director  		  	  
	  
	Michael Coffee  		Chief Business Officer  		$ 	313,903 
	  
	Kirk Johnson, Ph.D.  		Vice President, Research and  		$ 	278,528 
	  		Development  		  	  
	  
	Andrew Sauter  		Chief Financial Officer  		$ 	267,931 
	  
	M. Christina Thomson, J.D.  		Vice President, General  	 	$ 	267,931 
	  		Counsel and Secretary  		  	 




The Compensation Committee has not yet
established target bonuses for 2009, nor has it established criteria for
corporate and individual performance objectives that are intended to be used to
determine actual bonuses to be paid for serviced rendered in 2009.
<PAGE>   1
                                                                     EXHIBIT 24a

February 26, 1999

Mr. Alan M. Wright and
Mr. Thomas A. McNish
CMS Energy Corporation
Fairlane Plaza South, Suite 1100
330 Town Center Drive
Dearborn, MI 48126

CMS Energy Corporation is required to file an Annual Report on Form 10-K for the
year ended December 31, 1998 with the Securities and Exchange Commission within
90 days after the end of the year.

We hereby make, constitute and appoint each of you our true and lawful attorney
for each of us and in each of our names, places and steads to sign and cause to
be filed with the Securities and Exchange Commission said Annual Report with any
necessary exhibits, and any amendments thereto that may be required.

Very truly yours,


     /s/ William T. McCormick, Jr.                /s/ Earl D. Holton    
----------------------------------------      ----------------------------
        William T. McCormick, Jr.                    Earl D. Holton


         /s/ John Deutch                           /s/ W. U. Parfet     
----------------------------------------      ----------------------------
            John M. Deutch                         William U. Parfet


       /s/ James J. Duderstadt                     /s/ Percy  A. Pierre 
----------------------------------------      ----------------------------
          James J. Duderstadt                         Percy A. Pierre


         /s/ K. R. Flaherty                         /s/ K. L. Way       
----------------------------------------      ----------------------------
         Kathleen R. Flaherty                       Kenneth L. Way


           /s/ V. J. Fryling                        /s/ K. Whipple
----------------------------------------      ----------------------------
           Victor J. Fryling                       Kenneth Whipple

                              /s/ John B. Yasinsky
                         -------------------------------
                                John B. Yasinsky
Exhibit
10.14 July 27, 2007 Rex T. Clevenger 
Universal Hospital Services, Inc.
7700 France Ave. South, Suite 275
Edina, MN  55435-5228 Dear Mr. Clevenger: This letter supplements
the terms and conditions of your employment agreement dated as of May 31, 2007
(Employment Agreement) with Universal Hospital Services, Inc. (the
Company).  Capitalized terms used
herein and not defined herein shall have the meaning set forth in the
Employment Agreement. In further consideration
of the compensation to be paid to you under the Employment Agreement, you agree
that you shall be entitled to the payments and services provided for in Section
4 (other than the Accrued Obligations), if any, if and only if you have
executed and delivered the Release attached as Annex A within forty-five
(45) days of your termination and fifteen (15) days have elapsed since such
execution without any revocation thereof by you. Further, upon a
triggering event as described in the Employment Agreement, the Company shall
pay you a lump sum amount of $11,350, which approximates the current premium
for continuing medical and dental benefits under COBRA for twelve (12) months,
and such payment shall be in lieu of the $7,593 set forth in the Employment
Agreement. This letter may be
executed in one or more counterparts, each of which shall be an original and
all of which, when taken together, shall constitute one agreement.  This letter may not be amended or any
provision hereof waived or modified except by an instrument in writing signed
by each of the parties.  Delivery of an
executed counterpart of a signature page of this letter by facsimile
transmission shall be effective as delivery of a manually executed counterpart
of this letter.  This letter shall be
governed by and construed in accordance with internal substantive laws of the
State of Minnesota, regardless of the laws that might otherwise govern under
applicable principles of conflicts of law or choice of law.


Sincerely,UNIVERSAL HOSPITAL
  SERVICES, INC./s/ Gary D. BlackfordBy:
  Gary D. BlackfordTitle:
  Chairman & CEO   Agreed and Accepted as of the date 
first written above:  /s/ Rex T.
  ClevengerRex T. Clevenger
#### Thomas Mandelkow et al., as Trustees of Upstate Human Services Self-Insurance Trust Fund, Also Known as Human *1316Services Self-Insurance Trust, Appellants-Respondents, v Child and Family Services of Erie County, Respondent-Appellant.

(Appeal No. 2.)

[852 NYS2d 924]

Same memorandum as in *Mandelkow v Child & Family Servs. of Erie County*(49 AD3d 1316 [2008]). Present—Hurlbutt, J.P., Smith, Centra, Green and Pine, JJ.