alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America v. EDGEWATER DYEING AND FINISHING COMPANY.

Civ. A. No. 14094.

United States District Court E. D. Pennsylvania.

Nov. 13, 1957.

Charles K. Rice, Asst. Atty. Gen., James P. Garland, Benjamin H. Pester, Attys., Dept, of Justice, Washington, D. C., for plaintiff.

Bernard G. Segal, Edward W. Mullinix, Tom P. Monteverde, Philadelphia, Pa., for defendant.

KIRKPATRICK, Chief Judge.

This is a motion, by the defendant to set aside a default judgment.

The complaint was filed August 15, 1952. An appearance was entered for the defendant by a firm of attorneys and subsequently withdrawn. The reason given by attorneys in their petition for leave to withdraw was that their client had refused to cooperate with them, so that they were unable to prepare an answer. No answer was ever filed, and more than four years later, on October 16, 1956, the Clerk entered a default and, the same day, entered a judgment against the defendant reciting that the defendant failed to appear, plead or otherwise defend.

Inasmuch as the defendant in this action did appear, the judgment could have been entered only upon application to the Court with three days notice to the defendant. The fact that the attorneys who had entered an appearance for the defendant withdrew their appearance by leave of court some two months after it had been entered, means no more than *305that that particular firm of lawyers ceased to represent the defendant. The defendant came into court when the lawyers appeared for it and their withdrawal for reasons personal to them did not affect the defendant’s position. The case, therefore, is one which cannot be dealt with summarily by the Clerk, since Fed. Rules Civ.Proc. rule 55(b)(1), 28 U.S.C.A., applies only where the defendant has been defaulted for failure to appear. The motion to vacate the judgment must be granted.

The motion to set aside the default, however, is a different matter. It appears from the record that the default was entered not only for failure to appear but also for failure to plead or otherwise defend, and entry of default on those grounds by the Clerk is clearly authorized under Rule 55(a). Although the Clerk had power to enter the default, the question still remains whether the Court should exercise its discretion to relieve the defendant of its effect. There is no allegation in the motion or elsewhere that the amount of the plaintiff’s claim is not justly due. Consequently, the motion to set aside the default will be denied.
exv10wu






EXHIBIT 10U




COGNEX CORPORATION

SUMMARY OF DIRECTOR COMPENSATION



Cognex Corporation (the “Company”) pays each Director (other than Robert J. Shillman and Patrick
A. Alias) an annual fee for his services on the Company’s Board of Directors and its committees,
plus additional amounts for participation in on-site and telephonic meetings. The 10% reduction
in the amounts paid to each of our non-employee Directors, which was instituted in 2009 as part
of our cost-cutting efforts, was reinstated effective April 22, 2010. As a result, each
Director receives cash compensation in the amount of $6,750 if the first board meeting attended
was before April 22, 2010 and $7,500 if the first board meeting attended was on or after April
22, 2010, plus an additional $4,050 for each meeting attended in person before April 22, 2010
and $4,500 for each meeting attended in person on or after April 22, 2010. Each Director
receives $450 for each meeting attended via telephone before April 22, 2010 and $500 for each
meeting attended via telephone on or after April 22, 2010.



Each Director who serves on the Compensation/Stock Option Committee of the Company’s Board of
Directors receives an annual fee of $1,800, plus $450 for each meeting attended before April 22,
2010 and $500 for each committee meeting attended on or after April 22, 2010 if the meeting is
on a day other than that of a Board meeting. Each Director who serves on the Audit Committee of
the Company’s Board of Directors receives an annual fee of $4,500. The Chairman of the Audit
Committee receives an additional fee of $2,700 for the year. Each Audit Committee member
receives $1,350 for each committee meeting attended in person before April 22, 2010 and $1,500
for each committee meeting attended in person on or after April 22, 2010, or $450 for each
telephonic meeting attended to discuss the Company’s financial results and related topics if the
meeting was before April 22, 2010 and $450 if the telephonic meeting is on or after April 22,
2010. Each Director who serves on the Nominating Committee receives an annual fee of $450.



Dr. Shillman, who is the Company’s Chief Executive Officer, receives no compensation to serve on
the Company’s Board of Directors, and Mr. Alias, who is a non-executive employee of Cognex,
receives no additional cash compensation to serve on the Company’s Board of Directors.



The Directors (other than Dr. Shillman) are eligible to receive an annual stock option grant as
determined by the Compensation Committee.
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 Jacobs  Financial  Group,  Inc.
(the  "Company")  on Form 10-K for the year  ended May 31,  2010 (the  "Report")
filed with the Securities and Exchange Commission,  I, John M. Jacobs, President
and 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 Company's  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.

Date: September 13, 2010

                               By:
                                  /s/John M. Jacobs
                                  ----------------------------------------------
                                  John M. Jacobs, Chief Executive Officer
|                                                                                              |
|----------------------------------------------------------------------------------------------|
|                                                                                              |  |
| Name of Subsidiary                                                                           | Jurisdiction of    Incorporation |
| MIX TELEMATICS AFRICA PROPRIETARY LIMITED                                                    | Republic of South Africa |
| MIX TELEMATICS INTERNATIONAL PROPRIETARY LIMITED                                             | Republic of South Africa |
| MIX TELEMATICS EUROPE LIMITED                                                                | United Kingdom |
| MIX TELEMATICS NORTH AMERICA INCORPORATED                                                    | United States of America |
| MIX TELEMATICS AUSTRALASIA PROPRIETARY LIMITED                                               | Australia |
| MIX TELEMATICS MIDDLE EAST FZE                                                               | United Arab Emirates |
| MIX TELEMATICS ENTERPRISE SA PROPRIETARY LIMITED                                             | Republic of South Africa |
| MIX TELEMATICS SERVIÇOS DE TELEMETRIA E RASTREAMENTO DEVEÍCULOS DO BRAZIL LIMITADA | Brazil |
| MIX TELEMATICS FLEET SUPPORT PROPRIETARY LIMITED                                             | Republic of South Africa |
| MIX TELEMATICS EAST AFRICA LIMITED                                                           | Uganda |
| MIX TELEMATICS TECHNOLOGY HOLDINGS PROPRIETARY LIMITED                                       | Republic of South Africa |
| MIX TELEMATICS INVESTMENTS PROPRIETARY LIMITED                                               | Republic of South Africa |
| MIX TELEMATICS ROMANIA SRL                                                                   | Romania |
| MIX TELEMATICS (THAILAND) LIMITED                                                            | Thailand |
<PAGE>
                                                                    Exhibit 32.2

                                  CERTIFICATION

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

      I, Paul G. Vanderhoven, as Senior Vice President - Finance and Chief
Financial Officer of Sterling Chemicals, Inc. (the "Company"), certify, pursuant
to 18 U.S.C.Section1350, as adopted by Section 906 of the Sarbanes-Oxley Act of
2002, that to my knowledge:


      (1) the accompanying Form 10-Q report of the Company for the period ending
June 30, 2003, as filed with the U.S. Securities and Exchange Commission (the
"Report"), fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934, as amended; and

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

Dated:  August 12, 2003

                                         /s/ PAUL G. VANDERHOVEN
                                         -----------------------------------
                                         Paul G. Vanderhoven,
                                         Senior Vice President - Finance and
                                         Chief Financial Officer
Honorable B. C. Hooser 

County Attorney 

Howard o.ounty 

Big Spring,..TexaeDear Slrz Oplnlon RO.. O-7101 

Re+:i Alie'busses which are 

owned and used strictly 

,by. ahur&es as non-profit 

vehiales eubjeat to the 

one pbr. oent motor ve- 

'hioli$+etall sales tax 

levied by Article 7047k, 

V.A.C.S.? 

Your reqrieet for an opinion, re0eive.d In this offloe 

on February 14, .1.946, reads as followat 

*We question is will the churoh have to pay the 

one per cent motor vehicle retail sales tax. The bus 

is to be used strictly as a non-profit vehicle and to 

oarry people to church and Sunday Suhool." 

You eualosed a letter to a cltlcen of Big Spring from 

Hon. Qeorge II. Sheppard, State Comptroller of Pu@llc &counts, 

Milch letter states thata 

a . . It Is our view that tie church will have 

to pay'tie one per uent motor vehlole retail sales tax 

on the thirty-two passenger bua that you purebased from 

the Davis Auto Company of tilldress, Texas, as ue do 

not find anything lu Article 7047k exempting churohes 

rrom paying the tax.' 

We agree with the Interpretation placed on said statute by the State Comptroller. We rind uo authority, statutory 

or otherwloe, authorl5lug the exeqptlon of churches or other 
Bonorible Ii. C. Hooser, page 2 (o-7101) 

rellglous organltatlons rrom payment of the sales tax In question. We therefore ansver ~your qwetlon In the afYlrmatlve. 

Yours very truly 

ATTORREY ORNJSRAL OF TEXAS 

E+y /a/ J. Arthur Sandlln 

J. Arthur Sandlln 

Assistant 

JAS:ms:lm 

APPROV&D MAR 12, 1946 

/s/‘Carloa Ashley 

FlRST AiSISTANT 

A'l!TORRRY GRRRRAL 

APPROVED 

' OPIlKOll 

COHRITTRR
|                                | (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. |
|                                |   |   |                                                                                                                                                                |   |   |   |
|                                |   | By:    |                                                                                                                                                                | /s/      C. Neil Beer |   |   |
|                                |   |   |                                                                                                                                                                | C.      Neil Beer |   |   |
|                                |   |   |                                                                                                                                                                | Chief      Executive Officer |   |   |
|                                |   |   |                                                                                                                                                                |   |   |   |
|  Date: April      9, 2008 |   | By:    |                                                                                                                                                                | /s/      Edward C. Hall |   |   |
|                                |   |   |                                                                                                                                                                |  Edward C.      Hall |   |   |
|                                |   |   |                                                                                                                                                                | Chief      Financial Officer |   |   |
EXHIBIT 16.1

                                                    Wipfli Ullrich Bertelson LLP
                                                              469 Security Blvd.
                                                             Green Bay, WI 54313
                                                                    PO Box 12237
                                                        Green Bay, WI 54307-2237
                                                                  (920) 662-0016
                                                             Fax: (920) 662-0024
                                                                  www.wipfli.com

August 29, 2002

Office of the Chief Accountant
Securities and Exchange Commission
Mail Stop 9-5
450 Fifth Street, N.W.
Washington, DC  20549

Dear Sir or Madam:

We have read the statements made by Blackhawk Bancorp, Inc. in Item 4 of Form 8-
K dated August 28, 2002, which we understand will be filed with the Commission.
We agree with the statements concerning our firm in such Item 4 of Form 8-K.  We
have no basis to agree or disagree with other statements of the Company
contained therein.

Sincerely,

Wipfli Ullrich Bertelson LLP
EXHIBIT 10.29




SEVERANCE AGREEMENT

AMENDMENT




Madison Gas and Electric Company (the “Company”) and 

 (the “Employee”) entered into a Severance Agreement (the “Agreement”), dated     , pursuant to which Employee is entitled to certain severance payments and benefits under specified circumstances following Employee’s separation from service with the Company.  For good and valuable consideration the receipt and sufficiency are hereby acknowledged, the Company and Employee desire to amend the Agreement, effective as of December 30, 2010, as follows:

1.

Section 3(b) of the Agreement is deleted in its entirety, and subsection (c) of Section 3 is relettered subsection (b) accordingly.

2.

Section 4 of the Agreement is amended in its entirety to read as follows:

4.

Limitation on Payments.  Anything in this Agreement to the contrary notwithstanding, in the event that Employee becomes entitled to payments or benefits under this Agreement and the payments or benefits payable to Employee under this Agreement, when combined with other payments and benefits received or to be received by the Employee from the Company or any corporation affiliated with the Company within the meaning of Section 1504 of the Code, in the opinion of the Company, would constitute “parachute payments” within the meaning of Section 280G(b)(2) of the Code, then the amounts payable to Employee under this Agreement shall be reduced to an amount, the present value of which (when combined with the present value of any other payments or benefits otherwise received or to be received by Employee from the Company (or any corporation affiliated with the Company within the meaning of Section 1504 of the Code) that would be deemed “parachute payments”) is equal to 2.99 times the “base amount” within the meaning Section 280G(b)(3).    

3.

Section 12(b) is amended by deleting the words “or provide any benefit to Employee and Employee's dependents or other beneficiaries, as the case may be, under paragraphs (a) and (b) of Section 3, the Company shall pay all amounts, and provide all benefits, to Employee and Employee's dependents or other beneficiaries, as the case may be, that the Company would be required to pay or provide pursuant to paragraphs (a) and (b) of Section 3” and inserting in lieu thereof the following words:

under Section 3(a), the Company shall pay all amounts that the Company would be required to pay pursuant to Section 3(a)









1










ACCEPTED AND AGREED to this 

 day of February, 2011.







MADISON GAS AND ELECTRIC COMPANY

EMPLOYEE

by:

         




         

Date

         












2
#### UNITED STATES of America, Plaintiff-Appellee v. Michael Anthony HOLLOWAY, Defendant-Appellant.

No. 06-51421

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Jan. 14, 2008.

Joseph H. Gay, Jr, Assistant U.S. Attorney, U.S. Attorney’s Office Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Federal Public Defender’s Office Western District Of Texas, San Antonio, TX, for Defendant-Appellant.

Before WIENER, GARZA, and BENAVIDES, Circuit Judges.

PER CURIAM: *

Michael Holloway was convicted of two charges of possessing cocaine and cocaine base with intent to distribute, and the district court sentenced him to serve 262 months in prison and an eight-year term of supervised release. Holloway appeals his sentence. He contends that his sentence is improper because this court’s *post-Booker*
      *1*
      **rulings have effectively reinstated the mandatory sentencing guideline regime *739condemned in *Booker.*This argument is foreclosed. *See Rita v. United States,*— U.S. -, 127 S.Ct. 2456, 2462, 168 L.Ed.2d 203 (2007). The judgment of the district court is AFFIRMED.

We note that there is an apparent clerical error in the judgment. Although textual portions of the judgment show that Holloway was convicted of two charges, the portion of the judgment listing the counts of conviction lists one count only. A review of the rearraignment and sentencing transcripts, as well as the textual portions of the judgment, shows that the omission of Count 2 from that portion of the judgment listing the counts of conviction is a clerical error. Accordingly, this matter is REMANDED TO THE DISTRICT COURT for correction of the clerical error in the judgment pursuant to Fed. R.CrimJP. 36.

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

. *United States v. Booker,*543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).
<TABLE> <S> <C>

<ARTICLE>                             5



<S>                                   <C>
<FISCAL-YEAR-END>                     DEC-31-1996
<PERIOD-START>                        JAN-01-1996
<PERIOD-END>                          SEP-09-1996
<PERIOD-TYPE>                               9-MOS
<CASH>                                  1,891,109
<SECURITIES>                            8,338,160
<RECEIVABLES>                             827,000
<ALLOWANCES>                               22,000
<INVENTORY>                               393,760
<CURRENT-ASSETS>                                0
<PP&E>                                          0
<DEPRECIATION>                                  0
<TOTAL-ASSETS>                         19,363,831
<CURRENT-LIABILITIES>                           0
<BONDS>                                 8,338,000
<COMMON>                                    1,000
<PREFERRED-MANDATORY>                           0
<PREFERRED>                                     0
<OTHER-SE>                              5,839,063
<TOTAL-LIABILITY-AND-EQUITY>           19,363,831
<SALES>                                         0
<TOTAL-REVENUES>                       10,161,445
<CGS>                                           0
<TOTAL-COSTS>                           5,241,929
<OTHER-EXPENSES>                                0
<LOSS-PROVISION>                          113,234
<INTEREST-EXPENSE>                      1,807,335
<INCOME-PRETAX>                         4,806,282
<INCOME-TAX>                            1,634,136
<INCOME-CONTINUING>                     3,172,146
<DISCONTINUED>                                  0
<EXTRAORDINARY>                          (100,000)
<CHANGES>                                       0
<NET-INCOME>                            3,072,146
<EPS-PRIMARY>                                0.54
<EPS-DILUTED>                                0.54






</TABLE>
**EXHIBIT32.2**

** **

**CERTIFICATION OF CHIEF FINANCIAL OFFICER OF THE REGISTRANT,**

**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 DynamexInc., a Delaware corporation (the “Company”), on Form 10-Q for the period endedJanuary 31, 2005, as filed with the Securities and Exchange Commission on thedate hereof (the “Report”), Ray E. Schmitz, Vice President and Chief FinancialOfficer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to thebest of his knowledge, that:

 

1.             TheReport fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

2.             Informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 

 

 

 
| /s/ RAY E. SCHMITZ                         |   |
|--------------------------------------------|--------|
| Ray E. Schmitz                             |
| Vice President and Chief Financial Officer |
| March 9, 2005                              |

 

 

 

 

 

 

 

 

 

 

 

This certification accompanies this Report pursuant toSection 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to theextent required by the Sarbanes-Oxley Act of 2002, be deemed filed by theCompany for purposes of Section 18 of the Securities Exchange Act of 1934, asamended.

 

 

E-5

----
EXHIBIT 31.1

ICONIX BRAND GROUP, INC.

CERTIFICATION PURSUANT TO RULE 13A-14 OR 15D-14
OF

THE SECURITIES EXCHANGE ACT OF 1934, AS ADOPTED PURSUANT TO

SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, Neil Cole, certify that:

1.I have reviewed this Annual Report on Form 10-K/A
for the period ended December 31, 2011 of Iconix Brand Group, Inc.;

2. Based on my knowledge, this 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
report.



|                                               
|-----------------------------------------------
|Date: April 27, 2012                           
|                                               
|/s/ Neil Cole                                  
|Neil Cole
President and Chief Executive Officer