alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Nat PENNER et al. v. BALFE PRINTING CORPORATION et al.

Civ. A. No. 56-265-A.

United States District Court D. Massachusetts.

Jan. *2,*1958.

Jacob S. Aronson, Philip Barsh, Boston, Mass., for plaintiff.

Francis M. Qua, Alan M. Qua, Lowell, Mass., for defendant Union Nat. Bank.

ALDRICH, District Judge.

This is a proceeding brought by the defendant pursuant to Fed.Rules Civ.Proc. rule 54(d), 28 U.S.C.A., following a summary judgment in its favor, to review the action of the Clerk in disallowing, as an item of costs, “Costs incident to taking of depositions — $205”; in fact a charge incurred by defendant for copies of depositions taken by plaintiff of defendant’s employees and others. The defendant states that obtaining copies of these depositions was “necessary” because after the direct examination of each witness the cross-examination was postponed until the direct had been transcribed, to be used 'for the purpose of cross-examination. If plaintiff had not assented to this procedure, as he need not have, there could be no contention that the depositions were “needed” for such purpose. Nor does this explain why defendant needed copies of the cross-examination.

The second argument advanced by defendant was that plaintiff did not file the originals of the depositions until some months had passed. This is a matter of no moment, since it appears that defendant made no prior request that they be filed. Cf. Perlman v. Feldmann, D.C.D.Conn., 116 F.Supp. 102.

The cases are uniform that the cost of copies of depositions which have been filed in court is not taxable. Curacao Trading Co. v. Federal Ins. Co., D.C.S.D.N.Y., 3 F.R.D. 261; Burnham Chemical Co. v. Borax Consolidated, Ltd., D.C.N.D.Cal., 7 F.R.D. 341; Hope Basket Co. v. Product Advancement Corp., D.C.W.D.Mich., 104 F.Supp. 444. I have compiled these authorities in the hope that it may mark the end of requests for review on this point. See Hansen v. Bradley, D.C.D.Md., 114 F.Supp. 382, 387.

Clerk’s determination as to costs to stand.
#### Irwin and another *v.*Metropolitan Telephone & Telegraph Co. and another.

*(Circuit Court, S. D. New York.*

October 21, 1881.)

1. Letters Patent.

Neither claims 1 and 2 of letters patent No. 209,266, nor claim 3 of letters patent No. 225,388 are infringed by the defendant’s instrument.

*F. H. Betts,*for plaintiffs.

*C. Smith*and *J. J. Storrow,*for defendants.

Blatchford, C. J.

I think the proper and necessary construction of claims 1 and 2, of No. 209,266, is that the normal pressure of the electrodes must be obtained by means of gravity, counteracted partly by a delicate retractile spring, elastic in the direction opposed to gravity. The spring must suspend tho needle against the force of gravity. The defendants’ instrument does not employ gravity to secure pressure, nor a spring to modify the force of gravity, but it obtains the normal pressure of the electrodes by the direct strain of a flat spring. As to No. 225,388, there is no infringement of claim 3. The vibrating disk of the defendants does not have free edges, and is not capable of vibrating bodily, in the sense of the patent. In consequence of being held by tho spring and the clamp, it bends, and some parts between the center and the edge move more than others.

The bill will be dismissed, with costs, when the case is disposed of as to the Bell Company.
exv10wawx1y





Exhibit 10a(1)


AMENDMENT

TO

HUBBELL INCORPORATED

AMENDED AND RESTATED

SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN

As Amended and Restated Effective as of January 1, 2005




     This Amendment (the “Amendment”), is adopted by Hubbell Incorporated, a Connecticut
corporation (the “Company”), for the purpose of amending that certain Hubbell Incorporated
Amended and Restated Supplemental Executive Retirement Plan (as amended and restated effective as
of January 1, 2005, the “Plan”). Capitalized terms used in this Amendment and not
otherwise defined herein shall have the meanings assigned to such terms in the Plan.



     WHEREAS, Section 10.3 of the Plan provides that the Company may amend the Plan as appropriate
to comply with the requirements of Section 409A of the Internal Revenue Code of 1986 and related
Department of Treasury guidance (collectively, “Section 409A”), including any such
amendment with retroactive effect, provided that no such amendment shall be effective without the
Participant’s consent unless it preserves the Participant’s economic benefit prior to such
amendment;



     WHEREAS, the Company has determined that it is in the best economic interests of the
Participants to amend the Plan for Section 409A compliance;



     WHEREAS, pursuant to Internal Revenue Service Notice 2010-6, certain corrective amendments
adopted for Section 409A documentary compliance purposes on or prior to December 31, 2010 shall be
deemed to have been made as of January 1, 2009 (the “Effective Date”); and



     WHEREAS, this Amendment is being adopted in accordance with Section 10.3 of the Plan and is
intended to comply with the requirements of Internal Revenue Service Notice 2010-6.



     NOW, THEREFORE, in consideration of the foregoing recitals, the Plan is hereby amended as
follows, effective as of the Effective Date:



     1. Section 13.2(b) of the Plan is hereby amended and restated in its entirety as follows:




     “(b) Each Participant on the date of the Change in Control of Hubbell who
experiences a Separation from Service prior to the second anniversary of such Change
in Control of Hubbell, shall have his Retirement Benefit paid out in one lump sum on
the later of (i) the tenth day of the seventh month following such Participant’s
Separation from Service or (ii) ten days after such Change in Control of Hubbell.
The amounts to be paid out in such lump sum shall be calculated using the actuarial
assumptions set forth on Exhibit A, attached hereto. For the avoidance of doubt,
the provisions of this Section 13.2(b) shall not apply to any Participant who
experiences a Separation from Service following the second anniversary of the Change
in Control of Hubbell.”



 









 





     2. Except as modified by the forgoing, the terms and conditions of the Plan shall remain in
full force and effect following the adoption of this Amendment.



     IN WITNESS WHEREOF, the Company has adopted this Amendment as of December 28, 2010.



	 	 	 	 	 
	 	HUBBELL INCORPORATED

 	 
	 	 	 
	 	  	/s/ James H. Biggart 	 
	 	 	Vice President and Treasurer
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND> 
This schedule contains summary financial information extracted from INTERNAL 
FINANCIAL STATEMENTS and is qualified in its entirety by reference to such
financial statements. 
</LEGEND>

       
<S>                                   <C>              <C> 
<PERIOD-TYPE>                               3-MOS        12-MOS
<FISCAL-YEAR-END>                         JUN-30-1997  JUN-30-1997
<PERIOD-START>                            MAR-31-1997  JUL-01-1996
<PERIOD-END>                              JUN-30-1997  JUN-30-1997
<CASH>                                              0      484,106
<SECURITIES>                                        0            0       
<RECEIVABLES>                                       0   12,129,091
<ALLOWANCES>                                        0    1,987,000 
<INVENTORY>                                         0    9,184,671
<CURRENT-ASSETS>                                    0   28,029,701    
<PP&E>                                              0    3,570,662
<DEPRECIATION>                                      0   16,187,749
<TOTAL-ASSETS>                                      0   32,630,933
<CURRENT-LIABILITIES>                               0   18,298,065
<BONDS>                                             0            0
<PREFERRED-MANDATORY>                               0            0
<PREFERRED>                                         0            0
<COMMON>                                            0      144,325
<OTHER-SE>                                          0   11,770,400
<TOTAL-LIABILITY-AND-EQUITY>                        0   32,630,933
<SALES>                                    21,129,943   86,563,422
<TOTAL-REVENUES>                           21,129,943   86,563,422
<CGS>                                      17,359,775   61,912,116
<TOTAL-COSTS>                              17,359,775   61,912,116
<OTHER-EXPENSES>                                    0            0
<LOSS-PROVISION>                                    0            0
<INTEREST-EXPENSE>                            318,509    1,388,247
<INCOME-PRETAX>                          (11,177,864) (15,910,688)
<INCOME-TAX>                                2,851,000    1,289,000
<INCOME-CONTINUING>                      (14,028,864) (17,199,688)
<DISCONTINUED>                                      0            0
<EXTRAORDINARY>                                     0            0
<CHANGES>                                           0            0
<NET-INCOME>                             (14,028,864) (17,199,688)
<EPS-PRIMARY>                                       0            0
<EPS-DILUTED>                                       0            0
        
                                     

</TABLE>
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

In connection with
this Amendment No. 2 to the Annual Report of HQ Sustainable Maritime Industries, Inc; (the Company) on Form 10K for the year ended December 31, 2007, as filed with the Securities and Exchange Commission on the date hereof
(the Report), I, Norbert Sporns, 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:

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

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

Dated: June 9, 2009



|                       
|-----------------------
|/s/ Norbert Sporns     
|Norbert Sporns         
|Chief Executive Officer
<PAGE>   1
                                                                    Exhibit 23.2





CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Form S-8 Registration
Statements (Forms S-8 No. 33-88426 and No. 333-27835) pertaining to the 1994
Stock Option Plan and in the Form S-8 Registration Statement (Form S-8 No.
333-27831) pertaining to the 1996 Non-Employee Directors' Stock Option Plan and
the 1992 Outside Directors' Director Stock Unit Plan, of GTECH Holdings
Corporation of our report dated 23 March, 1998, with respect to the consolidated
financial statements of Camelot Group plc as of January 31, 1998 and February 1,
1997 and for the years ended January 31, 1998, February 1, 1997 and February 3,
1996, which report is included in the GTECH Holdings Corporation Annual Report
on Form 10-K for the fiscal year ended February 28, 1998.


/s/  Price Waterhouse

Price Waterhouse


London, England
May 26, 1998







                                     127
Filed: March 31, 1997

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-7158

(CR-89-5-V, CA-94-59-5-V)

United States of America,

Plaintiff - Appellee,

versus

Harold Franklin Anderson,

Defendant - Appellant.

ORDER

The Court amends its opinion filed February 4, 1997, as

follows:

On the cover sheet, section 7 -- counsel is corrected to read:

"Harry Thomas Church, Assistant United States Attorney, Charlotte,

North Carolina, for Appellee."

For the Court - By Direction

/s/ Patricia S. Connor

Clerk
2

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-7158

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

HAROLD FRANKLIN ANDERSON,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees,

Chief District Judge. (CR-89-5-V, CA-94-59-5-V)

Submitted: January 23, 1997 Decided: February 4, 1997

Before RUSSELL, WILKINS, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Harold Franklin Anderson, Appellant Pro Se. H. Thomas Church,

Assistant United States Attorney, Charlotte, North Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
3

PER CURIAM:

Appellant seeks to appeal the district court's order denying

his motion filed under 28 U.S.C. § 2255 (1994), amended by Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No.

104-132, 110 Stat. 1214. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we

deny a certificate of appealability and dismiss the appeal on the

reasoning of the district court. United States v. Anderson, Nos.

CR-89-5-V; CA-94-59-5-V (W.D.N.C. June 25, 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.

DISMISSED
Exhibit 32.1

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 Sirona Dental Systems, Inc. (the Company) on Form 10-Q for the quarter ended March 31, 2009 as filed with the Securities and Exchange Commission on
the date hereof (the Report), I, Jost Fischer, Chief Executive 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 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.



|            |  |                          
|----------- |  | -------------------------
|May 5, 2009 |  | /S/ JOST FISCHER         
|            |  | Jost Fischer             
|            |  | Chief Executive Officer  
|            |  | (Chief Executive Officer)

A signed original of this written statement required by section 906, or other document authenticating,
acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Sirona Dental Systems, Inc. and will be retained by Sirona
Dental Systems, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
Order entered November 25 , 2019

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 19
- 01263
- CV MARK JORDAN, Appellant

V. JP BENT TREE, LP, JP ABERDEEN PARTNERS, LP, JP
- 2400 LAKESIDE , LP, RE CLOSING, LLC, AND JP
- LAKESIDE JOINT VENT URE, Appellee s

On Appeal from the 44th Judicial District Court

Dallas County, Texas Trial Court Cause No. DC
- 19
- 07168



### O RDER Before the Court is appellant’s November 22, 2019 unopposed motion for extension of time to file his brief

. We GRANT the motion and ORDER the brief be filed no later than January 6, 2020. Because this is an accelerated appeal, we caution that further extension requests will be disfavored.

/s/ ROBERT D. BURNS, III CHIEF JUSTICE
Exhibit 32.2

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 Quarterly Report of Charles & Colvard, Ltd. (the Company) on Form 10-Q for the period ending March 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, James R. Braun, Vice President of Finance and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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/ James R. Braun                                   
|James R. Braun                                       
|Vice President of Finance and Chief Financial Officer
|May 3, 2007                                          



25
Exhibit 32.1
   CERTIFICATION PURSUANT TO
 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
 (18 U.S.C. SECTION 1350)
 
 
 In connection with the accompanying Quarterly Report of Consortium Service Management Group, Inc. (the Company) on Form 10-QSB for the quarter ended June 30, 2004 (the Report), I, Gordon W. Allison, Chief Financial Officer of the Company, hereby certify that to my knowledge:
 
 (1)  The Report fully complies with the requirements of Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §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: August 17, 2004
By:
/s/ Gordon W. AllisonGordon W. AllisonChief Financial Officer
 
 
 The above certification is furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. §1350) and is not being filed as part of the Form 10-QSB or as a separate disclosure document.
January 28, 1977



### Conflict of Interest—Litigation Involving a Corporation Owned by Government Attorney

This is in response to a request for our opinion as to whether there is any potential conflict of interest in a situtation involving Mr. A, an attorney in your Division. It appears that Mr. A is the sole stockholder of a corporation that leases boatyard premises from the Department of the Interior. You state that the leased property in question is now the subject of an action to quiet title instituted by the Department of Justice at the request of theDepartment of the Interior. You further state that the quiet title litigation is being handled by the General Litigation Section of your Division and that it is not within Mr. A’s area of responsibility. Mr. A presumably has a financial interest in the outcome of the quiet title action; but since he does not intend to participate in the litigation on behalf of the United States, there is no problem raised under 18 U.S.C. § 208 or 28 CFR 45.735-5(a). Similarly, we assume that Mr. A does not intend to act as agent or attorney on behalf of the corporation in the litigation, action that would be prohibited by 18 U.S.C. §205(2) and 28 CFR 45.735-6(a)(2). And finally, since the quiet title action is not even being handled by Mr. A’s section, we see no reason why his ownership of stock in a corporation that could be affected by its outcome creates any real or apparent conflict of interest with his duties and responsibilities. See 28 CFR 45.735-4(c). 

### , 77-3 MEMORANDUM OPINION FOR ASSISTANT

ATTORNEY GENERAL, LAND AND
NATURAL RESOURCES DIVISION

L e o n U l m a n Acting Assistant Attorney General

Office o f Legal Counsel

1
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

     In connection with the Annual Report of Birch Branch, Inc. (the "Company")
on Form 10-KSB for the fiscal year ended June 30, 2006, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Michael
L. Schumacher, Chief Executive Officer and 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, to the best of my knowledge:

     (1) The Report fully complies with the requirements of Section 13(a) or
15(d), as applicable, 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
Company.


 /s/ Michael Schumacher
---------------------------------------------
Michael L. Schumacher

President, Treasurer, Chief Executive Officer
 and Chief Financial Officer

September 1, 2006



                                       14
I 

112TH CONGRESS 

1ST SESSION H. R. 264 

To permanently prohibit oil and gas leasing off the coast of Mendocino, 

Humboldt, and Del Norte Counties in the State of California, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 12, 2011 

Mr. THOMPSON of California introduced the following bill; which was referred 

to the Committee on Natural Resources 

A BILL 

To permanently prohibit oil and gas leasing off the coast 

of Mendocino, Humboldt, and Del Norte Counties in 

the State of California, and for other purposes. 

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 ‘‘Northern California 

5 Ocean and Coastal Protection Act’’. 


rfrederick on DSKD9S0YB1PROD with BILLS
2 

•HR 264 IH

1 SEC. 2. PROHIBITION OF OIL AND GAS LEASING IN CER2 TAIN AREAS OF THE OUTER CONTINENTAL 

3 SHELF. 

4 Section 8 of the Outer Continental Shelf Lands Act 

5 (43 U.S.C. 1337) is amended by adding at the end the 

6 following: 

7 ‘‘(q) PROHIBITION OF OIL AND GAS LEASING IN

8 CERTAIN AREAS OF THE OUTER CONTINENTAL SHELF.— 

9 ‘‘(1) IN GENERAL.—Notwithstanding any other 

10 provision of this Act or any other law and except as 

11 provided in paragraph (2), beginning on the date of 

12 enactment of this subsection, the conduct of oil and 

13 gas preleasing, leasing, and related activities is pro14 hibited in areas of the outer Continental Shelf lo15 cated off the coast of Mendocino, Humboldt, and 

16 Del Norte Counties in the State of California. 

17 ‘‘(2) EFFECT.—Nothing in this subsection af18 fects any rights under leases issued under this Act 

19 before the date of enactment of this subsection.’’. 

20 SEC. 3. COMPREHENSIVE INVENTORY OF OUTER CONTI21 NENTAL SHELF OIL AND NATURAL GAS RE22 SOURCES. 

23 Section 357(a) of the Energy Policy Act of 2005 (42 

24 U.S.C. 15912(a)) is amended by inserting after ‘‘Conti25 nental Shelf’’ the following: ‘‘(other than the areas of the 


rfrederick on DSKD9S0YB1PROD with BILLS
3 

•HR 264 IH

1 Outer Continental Shelf off the coast of Mendocino, Hum2 boldt and Del Norte Counties in the State of California)’’. 

Æ 


rfrederick on DSKD9S0YB1PROD with BILLS