alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>

<ARTICLE> 5
<RESTATED> 
<MULTIPLIER> 1,000
       
<S>                             <C>                       <C>                   
<PERIOD-TYPE>                   3-MOS                     9-MOS                 
<FISCAL-YEAR-END>                          JUL-31-1998               JUL-31-1998
<PERIOD-START>                             FEB-01-1998               AUG-01-1997
<PERIOD-END>                               APR-30-1998               APR-30-1998
<CASH>                                           2,741                     2,741
<SECURITIES>                                         0                         0
<RECEIVABLES>                                   28,297                    28,297
<ALLOWANCES>                                       501                       501
<INVENTORY>                                          0                         0
<CURRENT-ASSETS>                                35,768                    35,768
<PP&E>                                          14,921                    14,921
<DEPRECIATION>                                   7,065                     7,065
<TOTAL-ASSETS>                                 123,956                   123,956
<CURRENT-LIABILITIES>                           15,787                    15,787
<BONDS>                                         63,345                    63,345
<PREFERRED-MANDATORY>                                0                         0
<PREFERRED>                                          0                         0
<COMMON>                                            74                        74
<OTHER-SE>                                      44,750                    44,750
<TOTAL-LIABILITY-AND-EQUITY>                   123,956                   123,956
<SALES>                                         53,131                   148,393
<TOTAL-REVENUES>                                53,131                   148,393
<CGS>                                                0                         0
<TOTAL-COSTS>                                   34,905                    99,042
<OTHER-EXPENSES>                                     0                         0
<LOSS-PROVISION>                                     0                         0
<INTEREST-EXPENSE>                               1,123                     3,022
<INCOME-PRETAX>                                  2,286                     5,768
<INCOME-TAX>                                       944                     2,419
<INCOME-CONTINUING>                              1,342                     3,349
<DISCONTINUED>                                       0                         0
<EXTRAORDINARY>                                      0                         0
<CHANGES>                                            0                         0
<NET-INCOME>                                     1,342                     3,349
<EPS-PRIMARY>                                      .18                       .45
<EPS-DILUTED>                                      .18                       .44
        

</TABLE>
Exhibit 32.1

        Certification under Section 906 of the Sarbanes-Oxley Act of 2002

     Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, I, Henry E.
Gemino, as Chief Executive Officer and Chief Financial Officer, of Profile
Technologies, Inc., hereby certify that the Quarterly Report fully complies with
the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
1934, as amended, and that the information contained in the Quarterly Report
fairly presents, in all material respects, the financial condition and results
of operations of Profile Technologies, Inc.


Date:  May 9, 2006                      /s/ Henry E. Gemino
                                        -----------------------------
                                        Henry E. Gemino
                                        Chief Executive Officer and
                                        Chief Financial Officer
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 Report of AVAX Technologies, Inc. (the Company) on Form
10-QSB for the period ended March 31, 2006, as filed with the Securities
and Exchange Commission on the date hereof (the Report), I, Richard P.
Rainey, President (as such, the principal executive officer and principal
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, that to the
best of my knowledge:

| |     |                                                                                                                                                         
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------
| | (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/ Richard P. Rainey            | 
|                                 | 
|Richard P. Rainey               
|President                       
|(Principal Executive Officer and
|Principal Financial Officer)    
|May 15, 2006                    

---
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  UIH
AUSTRALIA/PACIFIC,  INC.'S FORM 10-Q FOR THE SIX MONTHS  ENDED JUNE 30, 1998 AND
IS QUALIFIED IN ITS ENTIRETY TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>                    1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                           4,118
<SECURITIES>                                         0
<RECEIVABLES>                                    3,567
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                13,390
<PP&E>                                         278,714
<DEPRECIATION>                                 115,280
<TOTAL-ASSETS>                                 235,887
<CURRENT-LIABILITIES>                           36,049
<BONDS>                                        407,314
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           139
<OTHER-SE>                                    (197,394)
<TOTAL-LIABILITY-AND-EQUITY>                   235,887
<SALES>                                              0
<TOTAL-REVENUES>                                41,178
<CGS>                                                0
<TOTAL-COSTS>                                   32,607
<OTHER-EXPENSES>                                51,891
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              27,721
<INCOME-PRETAX>                                (97,943)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (97,943)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0 
<CHANGES>                                            0
<NET-INCOME>                                   (97,943)
<EPS-PRIMARY>                                    (7.06)
<EPS-DILUTED>                                    (7.06)
        

</TABLE>
Exhibit 31.2
 
 CERTIFICATION PURSUANT TO
 RULE 13A-14 OF THE SECURITIES EXCHANGE ACT OF 1934,
 AS ADOPTED PURSUANT TO
 SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
 
 I, Rick J. Tremblay, Executive Vice President and Chief Financial Officer of Gold Banc Corporation, Inc. (the "registrant") certify that:1.
I have reviewed this Quarterly Report on Form 10-Q for the three months ended September 30, 2003 (this "report");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;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 officers 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 we 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;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.




****Dated: November 14, 2003.
By:
/s/ Rick J. TremblayRick TremblayChief Financial Officer
##### 



CERTIFICATION
PURSUANT TO SECTION 302 OF THE SARBANES OXLEY ACT OF 2002
  1)
    
    I have reviewed this annual report on Form 10-K of JMAR Technologies, Inc.;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 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 we 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 annual report is being prepared;b)
    
    evaluated the effectiveness of the registrants disclosure
controls and procedures and presented in this annual report our
conclusions about the effectiveness of the disclosure controls
and procedures, as of the end of the period covered by this
annual report (based on such evaluation); andc)
    
    disclosed in this annual 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 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:
 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.
 By:
    /s/ I. Michael SweatmanI. Michael SweatmanChief Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S FORM 10-K FOR THE TWELVE MONTHS ENDED SEPTEMBER 30, 1999 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          SEP-30-1999
<PERIOD-START>                             OCT-01-1998
<PERIOD-END>                               SEP-30-1999
<CASH>                                         122,674
<SECURITIES>                                         0
<RECEIVABLES>                                   76,499<F1>
<ALLOWANCES>                                         0
<INVENTORY>                                    111,901
<CURRENT-ASSETS>                               632,928
<PP&E>                                         716,087
<DEPRECIATION>                               (496,726)
<TOTAL-ASSETS>                               1,765,215
<CURRENT-LIABILITIES>                        1,701,019
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    62,195,950
<OTHER-SE>                                (62,170,024)
<TOTAL-LIABILITY-AND-EQUITY>                 1,765,215
<SALES>                                              0
<TOTAL-REVENUES>                               146,787
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             8,693,068
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               7,755
<INCOME-PRETAX>                            (8,554,036)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (8,554,036)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (8,554,036)
<EPS-BASIC>                                   (0.21)
<EPS-DILUTED>                                   (0.21)
<FN>
<F1>NET OF ALLOWANCE FOR NONPAYMENT OF $189,011.
</FN>


</TABLE>
CIRCUIT COURT OF ALLEGHANY COUNTY

#### Commonwealth of Virginia v. Jesse Thomas Kimberlin

July 17, 1979

By JUDGE ROSCOE B. STEPHENSON, JR.

The warrant upon which the defendant was tried in the General District Court of Alleghany County charged that he did unlawfully point or brandish a firearm in such manner as to reasonably induce fear in the mind of another in violation of Code § 18.2-282. Upon that charge, the General District Court found the defendant guilty of "disorderly conduct" (Code § 18.2-415), stating that it was "a lesser included offense."

It is my opinion that the offense charged in the warrant (§ 18.2-282) and the offense for which the defendant was convicted (§ 18.2-415) are separate and distinct statutory offenses. A person can be guilty of brandishing a firearm (an offense which may be committed on private property, as well as in public) and not be guilty of disorderly conduct (an offense which only can be committed in a public place). Therefore, disorderly conduct is an entirely separate and distinct offense and is not a lesser included offense of brandishing a firearm.

The action of the General District Court had the effect of acquitting the defendant of the offense charged in the warrant (violation of § 18.2-282), and the purported conviction of disorderly conduct, in my opinion, is a nullity, since the defendant was not charged with or tried for such offense.

Accordingly, the warrant is dismissed.
ex10_36.htm











Exhibit 10.36


 



SELECT COMFORT CORPORATION







Summary of Non-Employee Director Compensation







February 2011







Annual Retainer.  Each of our non-employee directors receives an annual cash retainer of $40,000.  The Chair of the Audit Committee receives additional compensation of $15,000 per year, and each of the members of the Audit Committee (other than the Chair) receives additional compensation of $7,500 per year.  The Chairs of each of the other committees receives additional compensation of $10,000 per year, and each of the members of the other committees (other than the Chairs) receives additional compensation of $5,000 per year.  The non-executive Chairman of the Board receives an additional retainer of $100,000 per year.







Meeting Fees.  Each non-employee director (other than the non-executive Chairman of the Board) receives meeting fees for Board and Committee meetings attended beyond the normal number of regular or typical meetings for the Board and each Committee in a fiscal year, including: (i) Board meeting fees of $1,000 per in-person meeting and $500 per telephonic meeting after a minimum of four Board meetings for the fiscal year, and (ii) Committee meeting fees of $750 per in-person Committee meeting and $500 per telephonic Committee meeting after a minimum of eight Audit Committee meetings and after a minimum of four meetings of each other Committee for the fiscal year.







Equity Compensation.  Coincident with the annual meeting of shareholders, non-employee directors are eligible to receive $30,000 in restricted stock and $30,000 in stock options, based on Black-Scholes valuation, with the grants to vest on the earlier of one year from the date of grant or the date of the next annual meeting at which directors are elected to the Board, so long as the director continues to serve on our Board of Directors.  All options granted to directors have an exercise price equal to the fair market value of our common stock on the date of grant and remain exercisable for a period of up to 10 years, subject to continuous service on our Board of Directors.







Reimbursement of Expenses.  All of our directors are reimbursed for travel expenses for attending meetings of our Board or any Board committee and for attending approved director continuing education programs.







No Director Compensation for Employee Directors.  Any director who is also an employee of our company does not receive additional compensation for service as a director.
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

GREGG ANDREW TCHIRKOW,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 149 WM 2018

ORDER

PER CURIAM

AND NOW , this 26th day of November , 2018, the “Application for Recusal and/or

Disqualification,” treated as an Application for Extraordinary Relief, is DENIED.
#### READING-SINRAM-STREAT COALS, Inc., Plaintiff, v. METROPOLITAN PETROLEUM CORPORATION, Defendant. READING-STREAT OIL CO., Inc., Plaintiff, v. METROPOLITAN PETROLEUM CORPORATION, Defendant. BLUE RIDGE FUEL COMPANY, Inc., Plaintiff, v. METROPOLITAN PETROLEUM CORPORATION, Defendant.

United States District Court S. D. New York.

Feb. 4, 1958.

*334Henry W. Steingarten, New York City, for plaintiffs.

Donovan, Leisure, Newton & Irvine, New York City, Breck P. McAllister, New York City, T. David Mullen, New York City, of counsel, for defendant.

DAWSON, District Judge.

These are three actions in which the respective plaintiffs seek recovery under the Clayton Act, as amended by the Robinson-Patman Act, 15 U.S.C.A. § 13, for damages alleged to have been sustained by reason of certain alleged discriminatory pricing practices of the defendant in the sale of fuel oil.

The defendant has served notices of the taking of the depositions of the respective plaintiffs. After this notice was served the plaintiffs served notice for the taking of the deposition of the defendant. The rule is well established that priority of depositions is accorded in the order in which they are demanded. Sanib Corp. v. United Fruit Co., D.C.S.D.N.Y.1955, 19 F.R.D. 9. No special circumstances are shown in this case which would warrant a deviation from this general concept. In fact, as a general rule, it would be preferable that the defendant be afforded first right to take the deposition of the plaintiff. Under the present federal rules a plaintiff may serve a vague and general complaint and the defendant should have an opportunity early in the proceedings to find out the real basis upon which the plaintiff is proceeding, which can only be done by the deposition and discovery procedure, since bills of particulars are seldom, if ever, granted in the federal courts. The motions to give the plaintiffs the right to take the depositions of the defendant, before plaintiffs will be required to submit to the taking of their depositions by the defendant, are denied.

 Plaintiffs have also moved to quash the subpoena duces tecum issued against the respective plaintiffs on the grounds that the documents sought to be produced are irrelevant and that their production is sought for the purpose of harassing the plaintiffs. Under the present court rules a party may take the deposition of another party either for the purpose of discovery, or for use as evidence, or for both purposes, and it is provided that it is not grounds for objection that the testimony will be inadmissible at the trial if the testimony sought appears “reasonably calculated to lead to discovery of admissible evidence.” Rule 26, Fed.R.Civ.P., 28 U.S.C.A. The items sought in the subpoena duces tecum may, in an action of this nature, be reasonably calculated to lead to the discovery of admissible evidence. The moving papers do not establish that the subpoena was served for the purpose of harassing the plaintiffs. The motion to quash the subpoena is denied. So ordered.