alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This memorandum opinion was not selected for pub lication in the New Mexico Reports. Please 1 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 2 Please also note that this electronic memorandum opinion may contain computer-generated 3 errors or other deviations from the official paper version filed by the Court of Appeals and does 4 not include the filing date. 5 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 6 STATE OF NEW MEXICO, 7 Plaintiff-Appellee, 8
v. NO. 29,781 9 FRANCISCO M., 10 Child-Appellant. 11
APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY 12 Sandra A. Price, District Judge 13 Gary K. King, Attorney General 14 Andrew S. Montgomery, Assistant Attorney General 15 Santa Fe, NM 16 for Appellee 17 Hugh W. Dangler, Chief Public Defender 18 J.K. Theodosia Johnson, Assi stant Appellate Defender 19 Santa Fe, NM 20 for Appellant 21 MEMORANDUM OPINION 22 WECHSLER, Judge. 232 Child appeals the adjudication of delinquency. We issued two calendar notices 1 in this case. In our second calendar noti ce, we proposed to reverse and remand for 2 retrial. We proposed to reverse the adj udication of delinquency based on our Supreme 3 Court’s decision in State v. Nick R. , 2009-NMSC-050, 147 N.M. 182, 218 P.3d 868. 4 We also proposed to hold that reasonable minds could infer that Child had the intent 5 necessary to support a conviction for carrying a deadly weapon on school grounds, 6 and therefore retrial was no t barred. The State res ponded to our second calendar 7 notice, agreeing that the adjudication of delinquency should be reversed and agreeing 8 that retrial is not barred. Child filed no response to our second calendar notice. We 9 therefore reverse for the reasons discu ssed in our second calendar notice, and we 10 remand to the district court for retrial. 11 IT IS SO ORDERED. 12

______________________________ 13 JAMES J. WECHSLER, Judge 14 WE CONCUR: 15

_______________________________ 16 JONATHAN B. SUTIN, Judge 173 _______________________________ 1 MICHAEL E. VIGIL, Judge 2
Document Headings

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                -                       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.                  

###### Department of State

          - [Public Notice: 10130]

Pursuant to the authority vested in the Secretary of State, including under section 7045(b)(6) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (Div. J, Pub. L. 115-31) I hereby certify and report that:

(1) The Peace Tribunal and other judicial bodies within the special jurisdiction for peace are independent and have authority to document “truth declarations” from perpetrators of gross violations of human rights and to sentence such perpetrators to meaningful sanctions, including victims' reparations, guarantee of non-repetition, and deprivation of liberty;

(2) Military personnel responsible for ordering, committing, or covering up cases of false positives, including those in command authority, are being investigated, prosecuted, and appropriately sanctioned, and military officers credibly alleged to have committed such crimes are removed from positions of command authority until the completion of judicial proceedings; and

(3) The Government of Colombia is continuing to dismantle illegal armed groups, taking effective steps to protect the rights of human rights defenders, journalists, trade unionists, and other social activists, and protecting the rights and territory of indigenous and Afro-Colombian communities.

                    This Certification shall be published in the                     **Federal Register**                     and, along with the accompanying Report and Memorandum of Justification, shall be transmitted to the appropriate committees of Congress.                

Dated: September 11, 2017.

Rex W. Tillerson,

Secretary of State.

[FR Doc. 2017-19837 Filed 9-15-17; 8:45 am]

 BILLING CODE 4710-29-P
<PAGE>   1
                                                                    Exhibit 21.1


                  GTECH HOLDINGS CORPORATION'S SOLE SUBSIDIARY:

GTECH Corporation


                        GTECH CORPORATION'S SUBSIDIARIES:


Concorde Acquisition Corp.  (Delaware)

Dreamport, Inc. (Delaware) (formerly GTECH Gaming sub. 1)

Dreamport do Brasil Ltda.

Environmental Paper Products, Inc. (RI)

Europrint Holdings Ltd. (UK)

GameScape, Inc. (RI)

Gaming Systems Corporation (Delaware)

Gana de Mexico S.A. de C.V.

GTECH GmbH  (German)

GRYTEK Co. Ltd. (Poland)

GTECH Asia Corporation (Delaware)

GTECH Australasia Corporation (Delaware)

GTECH do Brasil Holdings Ltda. (Brazil)

GTECH Canada Computer Systems Corporation (Canada)

GTECH Child Care Center  (Rhode Island)

GTECH Computer Systems Sdn Bhd (Malaysia)

GTECH Corporation (Delaware)

GTECH Corporation (Utah)

GTECH Czechoslovakia Corporation (Delaware)

GTECH De Mexico S.A. de C.V. (Mexico)

GTECH Eesti A.S. (Estonia)

GTECH Espana Corporation (Delaware)

GTECH Europe S.A. (Belgium)

GTECH Far East Pte Ltd (Singapore)
<PAGE>   2
GTECH Foreign Holdings Corporation (Delaware)

GTECH Gaming Subsidiary 2 Corporation  (Delaware)

GTECH Ireland Corporation (Delaware)

GTECH Italia Srl  (Italy)

GTECH Italy Corporation (Delaware)

GTECH Latin America Corporation (Delaware)

GTECH LIT Corporation (Lithuania)

GTECH Lithuania Corporation (Delaware)

GTECH Management P.I. Corporation (Delaware)

GTECH Nevada Corporation (Delaware)

GTECH Northern Europe Corporation (Delaware)

GTECH Offshore Services Limited (Jersey, Channel Islands)

GTECH Rhode Island Corporation  (Rhode Island)

GTECH South Africa Corporation (Delaware)

GTECH Suffolk Corporation (Delaware)

GTECH Sweden Corporation (Delaware)

GTECH Taiwan Corporation (Delaware)

GTECH Texas Corporation (Delaware)

GTECH U.K. Limited (U.K.)

GTECH U.K. Corporation (Delaware)

GTECH Worldserv, Inc. (Delaware)

GTECH Worldserv International, Inc. (Delaware)

GTECH Worldwide Services Corporation (Delaware)

Innovative Environmental Technologies, Inc.  (Delaware)

LAC Corporation (Rhode Island)

Oy GTECH Finland Ab. (Finland)
<PAGE>   3
SB Industria E Comercio Ltd. (Brazil)

Technology Risk Management Services, Inc.

Technology Travel Corporation (Delaware)

Transactive Corporation (Delaware)
(formerly GTECH Administrative Services Corp.)

Via Video Corporation (Delaware)

VideoSite, Inc. (Delaware)

Watson Land Company (Rhode Island)
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 June 30, 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.



|              |  |                                                  
|------------- |  | -------------------------------------------------
|July 31, 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.
Exhibit 34.1

 

**Report of Independent Registered Public Accounting Firm**

 

To the Management of Consumers Energy Company

 

We have examined management’s assertion, included in the accompanying “Report on Assessment of Compliance with SEC Regulation AB Servicing Criteria”, that Consumers Energy Company complied with the servicing criteria set forth in Item 1122(d) of the Securities and Exchange Commission’s Regulation AB for the asset-backed securities transactions for which the Company acted as servicer of the Securitization Property as defined within the Securitization Property Servicing Agreement dated as of July 22, 2014 (the “Platform”), as of December 31, 2014 and for the period from July 22, 2014 to December 31, 2014, excluding criteria 1122(d)(1)(iii), 1122(d)(1)(iv), 1122(d)(2)(iii), 1122(d)(2)(vi), 1122(d)(3)(ii), 1122(d)(3)(iii), 1122(d)(3)(iv), 1122(d)(4)(iii), 1122(d)(4)(v), 1122(d)(4)(ix), 1122(d)(4)(x), 1122(d)(4)(xi), 1122(d)(4)(xii), 1122(d)(4)(xiii), and 1122(d)(4)(xv), which the Company has determined are not applicable to the servicing activities performed by it with respect to the Platform or the servicing activities are applicable to the Platform but are excluded from the scope of management’s assertion and are not reported on herein.  Management is responsible for the Company’s compliance with the servicing criteria.  Our responsibility is to express an opinion on management’s assertion based on our examination.

 

Our examination was conducted in accordance with attestation standards of the Public Company Accounting Oversight Board (United States) and, accordingly, included examining, on a test basis, evidence about the Company’s compliance with the applicable servicing criteria and performing such other procedures as we considered necessary in the circumstances.  Our examination included testing of selected asset-backed transactions and securities that comprise the Platform, testing of selected servicing activities related to the Platform, and determining whether the Company processed those selected transactions and performed those selected activities in compliance with the applicable servicing criteria.  Our procedures were limited to the selected transactions and servicing activities performed by the Company during the period covered by this report.  Our procedures were not designed to detect noncompliance arising from errors that may have occurred prior to or subsequent to our tests that may have affected the balances or amounts calculated or reported by the Company during the period covered by this report.  We believe that our examination provides a reasonable basis for our opinion.  Our examination does not provide a legal determination on the Company’s compliance with the servicing criteria.

 

In our opinion, management’s assertion that Consumers Energy Company complied with the aforementioned applicable servicing criteria as of and for the period from July 22, 2014 to December 31, 2014 for the Platform is fairly stated, in all material respects.

 

/s/ PricewaterhouseCoopers LLP

 

March 19, 2015

 

----
[Federal Register Volume 82, Number 182 (Thursday, September 21, 2017)]
[Notices]
[Page 44240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20136]


=======================================================================
-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. EP 290 (Sub-No. 5) (2017-4)]


Quarterly Rail Cost Adjustment Factor

AGENCY: Surface Transportation Board.

ACTION: Approval of rail cost adjustment factor.

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

SUMMARY: The Board approves the fourth quarter 2017 Rail Cost 
Adjustment Factor (RCAF) and cost index filed by the Association of 
American Railroads. The fourth quarter 2017 RCAF (Unadjusted) is 0.889. 
The fourth quarter 2017 RCAF (Adjusted) is 0.367. The fourth quarter 
2017 RCAF-5 is 0.350.

DATES: Applicability Date: October 1, 2017.

FOR FURTHER INFORMATION CONTACT: Pedro Ramirez, (202) 245-0333. Federal 
Information Relay Service (FIRS) for the hearing impaired: (800) 877-
8339.

SUPPLEMENTARY INFORMATION: Additional information is contained in the 
Board's decision, which is available on our Web site, http://www.stb.gov. Copies of the decision may be purchased by contacting the 
Office of Public Assistance, Governmental Affairs, and Compliance at 
(202) 245-0238. Assistance for the hearing impaired is available 
through FIRS at (800) 877-8339.
    This action will not significantly affect either the quality of the 
human environment or energy conservation.

    By the Board, Board Members Begeman, Elliott, and Miller.


    Decided: September 18, 2017.
Marline Simeon,
Clearance Clerk.
[FR Doc. 2017-20136 Filed 9-20-17; 8:45 am]
BILLING CODE 4915-01-P
#### Wadsworth Avenue Associates, Appellant, v Kenneth L. Maynard, Respondent.

Submitted January 7, 2008;

decided March 20, 2008

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
RETROSPETTIVA'S 10-QSB FOR THE THREE MONTHS ENDED SEPTEMBER 30, 1998, AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                       1,376,973
<SECURITIES>                                         0
<RECEIVABLES>                                3,972,212
<ALLOWANCES>                                   155,897
<INVENTORY>                                  6,928,911
<CURRENT-ASSETS>                            13,570,493
<PP&E>                                         749,979
<DEPRECIATION>                                 118,984
<TOTAL-ASSETS>                              14,272,877
<CURRENT-LIABILITIES>                        4,887,688
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     6,258,190
<OTHER-SE>                                   3,196,999
<TOTAL-LIABILITY-AND-EQUITY>                14,272,877
<SALES>                                      9,941,330
<TOTAL-REVENUES>                             9,941,330
<CGS>                                        9,155,393
<TOTAL-COSTS>                                9,676,418
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              32,131
<INCOME-PRETAX>                                269,204
<INCOME-TAX>                                   250,000
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    19,204
<EPS-PRIMARY>                                     0.01
<EPS-DILUTED>                                     0.01
        

</TABLE>
EXHIBIT
      21






SUBSIDIARIES
      OF ICONIX BRAND GROUP, INC




Bright
      Star Footwear LLC


a
      New
      Jersey limited liability company





Badgley
      Mischka Licensing LLC


a
      Delaware limited liability company





IP
      Holdings and Management Corporation


a
      Delaware corporation





IP
      Holdings LLC


a
      Delaware limited liability company





IP
      Management LLC


a
      Delaware limited liability company





Licensing
      Acquisition Corp.


a
      Delaware corporation





Michael
      Caruso & Co., Inc.


a
      California corporation





Naxford
      Trading S.A. (inactive)


a
      Uruguay
      corporation





Ponca,
      Ltd. (inactive)


a
      Hong
      Kong corporation





Showroom
      Holding Co., Inc.


a
      New
      York corporation





Unzipped
      Apparel LLC


a
      Delaware limited liability company





Yulong
      Company Limited (inactive)


a
      British
      Virgin Islands corporation





Mossimo
      Holdings LLC


a
      Delaware limited liability company





Mossimo,
      Inc.


a
      Delaware corporation





Mossimo
      Management LLC


a
      Delaware limited liability company





OP
      Holdings LLC


a
      Delaware limited liability company




OP
      Holdings and Management Corporation


a
      Delaware corporation





Studio
      IP
      Holdings LLC


a
      Delaware limited liability company





Studio
      Holdings and Management Corporation


a
      Delaware corporation





Official
      Pillowtex LLC


a
      Delaware limited liability company





Pillowtex
      Holdings and Management Corporation


a
      Delaware corporation
ex10_18.htm













Exhibit 10.18












2011 INCENTIVE PLAN FOR CERTAIN KEY EMPLOYEES







The Company has a discretionary annual incentive program under which exempt salaried employees (other than the Chairman) may earn cash payments based on a percentage of base annual salary.  The actual percent is based on a variety of guidelines including performance levels of the respective business units primarily measured by operating income subject to certain adjustments.







The payment to an employee is based upon (i) their assigned grade level, (ii) actual company earnings achieved relative to a pre-determined target, which is adjusted upward if company performance exceeds target and reduced if company performance is less than target, and (iii) base salary paid during the fiscal year.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                             995
<SECURITIES>                                     8,953
<RECEIVABLES>                                    6,526
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                17,479
<PP&E>                                           3,596
<DEPRECIATION>                                   1,150
<TOTAL-ASSETS>                                  21,198
<CURRENT-LIABILITIES>                            4,876
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             7
<OTHER-SE>                                      16,274
<TOTAL-LIABILITY-AND-EQUITY>                    21,198
<SALES>                                          6,940
<TOTAL-REVENUES>                                 9,692
<CGS>                                              298
<TOTAL-COSTS>                                    1,600
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                    230
<INCOME-TAX>                                        86
<INCOME-CONTINUING>                                144
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       144
<EPS-PRIMARY>                                      .02
<EPS-DILUTED>                                        0
        

</TABLE>
[ 883 NE2d 1008, 854 NYS2d 101]

#### In the Matter of Robert Fehrman et al., Petitioners, v New York State Board of Elections et al., Respondents. (Proceeding No. 1.) In the Matter of Darrel Aubertine, Respondent, v Oswego County Independence Party Interim County Organization et al., Respondents, and New York State Committee of the Independence Party of New York et al., Appellants. (Proceeding No. 2.)

Argued February 25, 2008;

decided February 25, 2008

*760APPEARANCES OF COUNSEL

A. *Joshua Ehrlich,*Albany, for New York State Committee of the Independence Party of New York and others, appellants. *John Ciampoli,*Albany, for Will Barclay, appellant.

*Martin E. Connor,*Brooklyn, for Darrel Aubertine, respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, insofar as appealed from, should be reversed, without costs, the proceeding to invalidate the nomination of Will Barclay dismissed and the injunction preventing the State Board and County Boards of Elections from placing Barclay’s name on the ballot vacated.

On the facts of this case, Darrel Aubertine, a nonmember of the Independence Party, lacked standing to challenge that party’s compliance with its own rules *(see Matter of Nicolai v Kelleher,*45 AD3d 960 [3d Dept 2007]; *Matter of Stempel v Albany County Bd. of Elections,*97 AD2d 647 [3d Dept 1983], *affd*60 NY2d 801 [1983]). Although, at a point before the first of these proceedings began, Aubertine had a bona fide claim to be the Independence Party’s candidate for State Senator, events that preceded the start of the litigation eliminated any basis for such a claim. While Aubertine asserted in pleadings below that he was the Independence Party candidate, he promptly abandoned that assertion; he argued below and argues here that the Independence Party has not validly nominated any candidate. Under these circumstances, Aubertine is not an “aggrieved candidate” within the meaning of Election Law § 16-102.

Chief Judge Kaye and Judges Ciparick, Graffeo, Read, „ Smith, Pigott and Jones concur in memorandum.

Order, insofar as appealed from, reversed, etc.
Exhibit 10.57

 

Abbott Laboratories

 

Description of Base Salary of Named Executive Officers

 

Set forth below are the base salaries, effective December 31, 2010 and March 1, 2011, of the chief executive officer, chief financial officer, Laura J. Schumacher, and James V. Mazzo, all of whom were named executive officers in 2010.

 

Miles D. White

Chairman of the Board and Chief Executive Officer

 

	
 
    	
 
    	
Base Salary
    	
 
    
	
December 31,   2010
    	
 
    	
$
    	
1,900,000
    	
 
    
	
March 1,   2011
    	
 
    	
$
    	
1,900,000
    	
 
    


 

Thomas C. Freyman

Executive Vice President, Finance and

Chief Financial Officer

 

	
 
    	
 
    	
Base Salary
    	
 
    
	
December 31,   2010
    	
 
    	
$
    	
946,700
    	
 
    
	
March 1,   2011
    	
 
    	
$
    	
946,700
    	
 
    


 

Laura J. Schumacher

Executive Vice President,

General Counsel and Secretary

 

	
 
    	
 
    	
Base Salary
    	
 
    
	
December 31,   2010
    	
 
    	
$
    	
827,500
    	
 
    
	
March 1,   2011
    	
 
    	
$
    	
827,500
    	
 
    


 

James V. Mazzo

Senior Vice President,

Abbott Medical Optics

 

	
 
    	
 
    	
Base Salary
    	
 
    
	
December 31,   2010
    	
 
    	
$
    	
798,300
    	
 
    
	
March 1,   2011
    	
 
    	
$
    	
798,300