alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

                                                                   EXHIBIT 23.1


                           CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in this Annual Report (Form 10-K)
of Community First Bankshares, Inc. of our report dated March 5, 1999, included
in the 1998 Annual Report to Shareholders of Community First Bankshares, Inc.

We also consent to the incorporation by reference in the following Registration
Statements and related Prospectuses of Community First Bankshares, Inc. of our
report dated March 5, 1999, with respect to the consolidated financial
statements of Community First Bankshares, Inc. incorporated by reference in this
Annual Report (Form 10-K) for the year ended December 31, 1998.

<TABLE>
<CAPTION>
              Registration 
    Form      Statement No.        Purpose
-------------------------------------------------------------------------------
<S>          <C>              <C>
     S-8         33-44921     1987 Stock Option Plan
     S-8         33-48160     401(k) Retirement Plan
     S-8        333-52071     1996 Stock Option Plan and 401(k) Plan  
     S-3        333-37527     Registration of $150,000,000 of Common Stock, 
                              Preferred Stock and Debt Securities
     S-4        333-40071     Shelf registration of 4,438,207 shares of Common 
                              Stock
     S-4        333-49367     Shelf registration of 7,000,000 shares of Common 
                              Stock
</TABLE>

                              /s/ ERNST & YOUNG LLP

Minneapolis, Minnesota
March 22, 1999
<TABLE> <S> <C>

<ARTICLE> 9

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                       8,680,000
<INT-BEARING-DEPOSITS>                       1,133,000
<FED-FUNDS-SOLD>                             7,756,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                  9,488,000
<INVESTMENTS-CARRYING>                      28,920,000
<INVESTMENTS-MARKET>                        29,098,000
<LOANS>                                    138,296,000
<ALLOWANCE>                                  1,523,000
<TOTAL-ASSETS>                             201,976,000
<DEPOSITS>                                 159,050,000
<SHORT-TERM>                                12,231,000
<LIABILITIES-OTHER>                          2,709,000
<LONG-TERM>                                  4,850,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        23,000
<OTHER-SE>                                  23,111,000
<TOTAL-LIABILITIES-AND-EQUITY>             201,976,000
<INTEREST-LOAN>                             11,597,000
<INTEREST-INVEST>                            2,584,000
<INTEREST-OTHER>                               126,000
<INTEREST-TOTAL>                            14,308,000
<INTEREST-DEPOSIT>                           5,931,000
<INTEREST-EXPENSE>                           6,720,000
<INTEREST-INCOME-NET>                        7,587,000
<LOAN-LOSSES>                                  192,000
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                              5,909,000
<INCOME-PRETAX>                              3,023,000
<INCOME-PRE-EXTRAORDINARY>                           0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,956,000
<EPS-PRIMARY>                                      .86
<EPS-DILUTED>                                      .82
<YIELD-ACTUAL>                                    4.52
<LOANS-NON>                                    663,000
<LOANS-PAST>                                    90,000
<LOANS-TROUBLED>                               325,000
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                             1,186,000
<CHARGE-OFFS>                                  215,000
<RECOVERIES>                                    39,000
<ALLOWANCE-CLOSE>                            1,523,000
<ALLOWANCE-DOMESTIC>                         1,523,000
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                      1,523,000


</TABLE>
Slip Op. 08-65

UNITED STATES COURT OF INTERNATIONAL TRADE

- - - - - - - - - - - - - - - - - x

CANADIAN LUMBER TRADE ALLIANCE, :

et al., :

 :

Plaintiffs, :

 :

v. : Before: Pogue, Judge

 : 

 : Consol. Ct. No. 05-00324

THE UNITED STATES, et al., :

 :

 :

Defendants. : - - - - - - - - - - - - - - - - - x

JUDGMENT

This consolidated case having been duly submitted for

decision, and the Court, after due deliberation, having rendered

decisions herein; and

Said decisions having been appealed to the Court of Appeals

for the Federal Circuit; and 

Said appeal having resulted in a decision affirming-in-part,

vacating-in-part, and remanding, Canadian Lumber Trade Alliance v.

United States, 517 F. 3d 1319 (Fed. Cir. 2008); and 

The Federal Circuit having issued its mandate after appeal;

Now, in conformity with those decisions and mandate, it is

hereby

ORDERED that the motion of the Government of Canada for

judgment on the agency record is denied;

ORDERED that the motions of the Defendants and DefendantIntervenors for judgment on the agency record as against the

Government of Canada are granted;

ORDERED that the motion of the Canadian Wheat Board for

judgment on the agency record is granted;

ORDERED that the motions of the Defendant and DefendantIntervenors for summary judgment as against the Canadian Wheat

Board are denied;

ORDERED that the complaints of the Canadian Lumber Trade

Alliance, Norsk Hydro Canada, Inc., Ontario Forest Industries

Association, Ontario Lumber Manufacturers Association, and the Free

Trade Lumber Council are dismissed as moot; and it is further
ORDERED that the Government of Canada’s complaint is

dismissed; and it is further

ORDERED, ADJUDGED and DECREED that pursuant to Section 408 of

the North American Free Trade Implementation Act, 19 U.S.C. § 3438,

the Continued Dumping and Subsidy Offset Act of 2002, 19 U.S.C. §

3438, does not apply to antidumping and countervailing duties

assessed on imports of goods from Canada or Mexico; and it is

further 

ORDERED, ADJUDGED and DECREED that Defendant W. Ralph Basham,

Commissioner of the United States Bureau of Customs and Border

Protection, his employees, officers, agents, attorneys, and

successors in office are permanently enjoined, as of July 14, 2006

from making any continued dumping and subsidy offsets, payments or

distributions, to affected domestic producers, as defined by 19

U.S.C. § 1675c (2005), to the extent they derive from duties

assessed pursuant to countervailing duty orders, antidumping duty

orders, or findings under the Antidumping Act of 1921, upon hard

red spring wheat from Canada imported into the United States. 

Dated: New York, New York

June 10, 2008

 /s/ Donald C. Pogue 

Donald C. Pogue, Judge
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2947 Enrolled Bill (ENR)]

        H.R.2947

                      One Hundred Twelfth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
            the third day of January, two thousand and twelve

                                 An Act

 
  To provide for the release of the reversionary interest held by the 
United States in certain land conveyed by the United States in 1950 for 
       the establishment of an airport in Cook County, Minnesota.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. RELEASE OF REVERSIONARY INTEREST AND USE CONDITIONS, COOK 
COUNTY AIRPORT, COOK COUNTY, MINNESOTA.
    (a) Release of Reversionary Interest Required.--The Secretary of 
Agriculture, acting on behalf of the United States, shall release, 
without consideration--
        (1) the conditions imposed on the use of the parcel of land 
    originally conveyed by the Secretary pursuant to section 16 of the 
    Federal Airport Act (Act of May 13, 1946, ch. 251, 60 Stat. 170) to 
    the State of Minnesota by deed executed May 31, 1950, for the 
    establishment of an airport in Cook County, Minnesota; and
        (2) the reversionary interest retained by the United States in 
    connection with such conditions.
    (b) Instrument of Release.--The Secretary of Agriculture shall 
execute and file in the appropriate office a deed of release, amended 
deed, or other appropriate instrument reflecting the release of the 
reversionary interest and conditions under subsection (a).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
<PAGE>

                                                                   Exhibit 32.2

       STATEMENT FURNISHED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY
                      ACT OF 2002, 18 U.S.C. SECTION 1350

The undersigned, Deborah A. McLaughlin, is the Chief Financial Officer and Chief
Operating Officer of Slade's Ferry Bancorp. (the "Company"). This statement is
being furnished in connection with the filing by the Company of the Company's
Annual Report on Form 10-K for the fiscal year ended December 31, 2006 (the
"Report").

By execution of this statement, I certify that:

      1)    The Report fully complies with the requirements of Section 13(a) or
            15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or
            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 as of the dates and for the periods
            covered by the Report.

This statement is authorized to be attached as an exhibit to the Report so that
this statement will accompany the Report at such time as the Report is filed
with the Securities and Exchange Commission, pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350. It is not intended that this
statement be deemed to be filed for purposes of the Securities Exchange Act of
1934, as amended.

A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.


March 30, 2007                                /s/ Deborah A. McLaughlin
------------------                            ---------------------------------
(Date)                                        Deborah A. McLaughlin
                                              Executive Vice President
                                              Chief Financial Officer/
                                              Chief Operations Officer
Form of Executive Long-Term Incentive  Award under 2011 ELTIP



 EXHIBIT 10(e)(21) 

 

 


Executive Long-Term Incentive Program (Officers) 
 Award Summary 

 

					
		 	«First Name» «Last Name»	  	
			
		 	Date of agreement and award:	  	<<Grant Date>>
			
		 	Approved Value:	  	<<Approved Value>>
			
		 	 Performance Shares

 
	  	
		 	Number of Performance Shares:	  	<<# Performance
Shares>>
		 	 Vesting Date of All Performance
 Shares Earned:
	  	<<3 yrs. from grant date>>
		 	 Performance Shares Earned if
 Annual Target Performance is
 Achieved for EPS and Cash:
	  	 1/3 of EPS and Cash portions of grant
 on <<one, two and three yrs. from
 grant date>>

		 	 Performance Shares Earned if
 Annual Performance is Achieved
 between Base and Maximum for

Revenue:
	  	 50%to 150% of Revenue portion of
 grant on <<one, two and three yrs.
 from grant date>>

		 	 Performance Shares Earned if
 Three-Year Cumulative
 Performance is Achieved between
 Threshold and Maximum for EPS
 and Cash:
	  	 25% – 150% of EPS and Cash
 portions of grant (net of shares
 earned for Annual Achievement) on
 <<3 yrs. from grant date>>

		 	  

*   Subject to the terms and conditions described in the Omnibus Agreement – 2011:
PIP;ELTIP;PSs
  

*   Performance measures which may include, but are not limited to, continuous service with the Company,
achievement of specific business objectives, and other measurements of individual, business unit or Company performance shall be determined by the Committee in its sole discretion.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUL-31-2000
<PERIOD-START>                             FEB-01-2000
<PERIOD-END>                               APR-30-2000
<CASH>                                           5,860
<SECURITIES>                                         0
<RECEIVABLES>                                   31,398
<ALLOWANCES>                                   (1,230)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                39,828
<PP&E>                                          22,739
<DEPRECIATION>                                (14,861)
<TOTAL-ASSETS>                                 131,464
<CURRENT-LIABILITIES>                           20,093
<BONDS>                                         49,910
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           102
<OTHER-SE>                                      61,359
<TOTAL-LIABILITY-AND-EQUITY>                   131,464
<SALES>                                         63,022
<TOTAL-REVENUES>                                63,022
<CGS>                                                0
<TOTAL-COSTS>                                   61,505
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   261
<INTEREST-EXPENSE>                               1,577
<INCOME-PRETAX>                                   (60)
<INCOME-TAX>                                       446
<INCOME-CONTINUING>                              (506)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (506)
<EPS-BASIC>                                     (0.05)
<EPS-DILUTED>                                   (0.05)


</TABLE>
#### Solow Management Corp., Respondent, v Steven Tanger et al., Respondents. Jerome Janof, Nonparty Appellant.

Submitted February 19, 2008;

decided March 13, 2008

Motion, insofar as it seeks to strike Addendum A to appellant’s reply brief and references thereto in the reply brief, *786denied; motion, insofar as it seeks consideration of the arguments contained in paragraphs 28-31 of the Brown affirmation, granted.
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 09**  **- 7947** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,
v. GERMAN MILLON , Defendant

- Appellant
.

Appeal from the United States District Court for the Western Distr ict of North Carolina , at Charlotte
. Robert J. Conrad, Jr. , Chief District Judge. ( 3:05

- cr - 00341

- RJC

- 1; 3:08

- cv - 00338

- RJC )

Submitted : February 18, 2010 Decided: February 25, 2010

Before WILKINSON, MICHAEL, and KING , Circuit Judges.

Dismissed b y un published per curiam opinion
. German Millon, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: German Mil lon seeks to appeal the district court’s order denying relief on his 28 U.S.C. A. § 2255 ( West Supp. 2009 ) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1) (200 6 ). A certi ficate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (200 6 ). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of th e constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000);
Ro se v. Lee , 252 F.3d 676, 683

- 84 (4th Cir. 2001). We have independently reviewed the record and conclude that Millon has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral arg ument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
<PAGE>

                                                                 EXHIBIT 10.12


                         AMENDMENTS TO 1996 STOCK OPTION PLAN
                             Adopted on February 1, 1999

Article 6 of the Plan shall be amended to add a new Section 6.7 to read as
follows:

6.7  The Committee will have the authority, in its discretion, to award
     reload option rights ("Reload Option Rights") in conjunction with the
     grant of Options.  Reload Option Rights must be awarded at the time an
     Option is granted and each Option Agreement shall state whether the
     Committee has authorized Reload Option Rights with respect to the
     underlying Options. Reload Option Rights awarded with respect to an
     Option shall provide that the Optionee who is an employee and who
     exercises the Option by delivering (or attesting to ownership of)
     Common Stock that has been held for at least six months instead of
     paying cash, or who pays tax withholding by delivering Common Stock, or
     by having Common Stock withheld from exercise, shall automatically be
     granted on the date of such exercise (the "Reload Date") an additional
     Option (a "Reload Option") (a) for that number of shares of Common Stock
     of the Company equal to the number of shares of Common Stock of the
     Company used by the Optionee to exercise the underlying Option or to pay
     tax withholding due upon such exercise; (b) having an exercise price not
     less than 100% of the Fair Market Value of the Common Stock covered by
     the Reload Option on the Reload Date; (c) having an expiration date not
     later than the expiration date of the Option being exercised and (d)
     otherwise having terms permissible for the grant of an Option under the
     terms of this Plan.  Each Reload Option will become vested and
     exercisable, and shall have such additional terms and be subject to such
     additional restrictions and conditions, if any, as shall be determined,
     in its discretion, by the Committee, including, without limitation, a
     condition that the Optionee retain the shares issued upon exercise of
     the Option for a specified period of time.  No Reload Option shall
     provide for a grant, when exercised, of subsequent Reload Options.

Subsection (b) of the second sentence of Section 7 shall be amended to read as
follows:

     "(b) the term of such Option shall be ten years."

Such amendment shall be effective with respect to options granted after
December 31, 1998.
EXHIBIT 11.1

 

**CALCULATION OF NET LOSS PER SHARE**

 

 
| BEGINNING BALANCE |          | 23,053,689       |
|-------------------|---------------|------------------|
|              |          |             |   |
|              | NO. OF SHARES | CONTRIBUTION TO  | ENDING |
| DATE              | ISSUED        | WEIGHTED AVERAGE | BALANCE |
|              |          |             |   |
| January 23, 2006  | 1,008,548     |             | 880,390 |   | 23,934,079 |   |
| February 2, 2006  | 125,000       |             | 102,900 |   | 24,036,979 |   |
| May 10, 2006      | 120,864       |             | 34,056 |   | 24,071,035 |   |
| June 7, 2006      | 275,000       |             | 34,945 |   | 24,105,980 |   |

 

 
| Loss for the period     | $1,485,463 |
|-------------------------|------------|
| Weighted average shares | 24,105,980 |
| Net Loss per share      | $(0.06)    |
**Exhibit 31.1**

 

**CERTIFICATIONS**

 

I,Mark A. Anderson, certify that:

 

1. I have reviewed this annual report on Form10-K of Community First Bankshares, Inc.;

 

2. Based on my knowledge, this annual reportdoes not contain any untrue statement of a material fact or omit to state amaterial fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect 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 allmaterial respects the financial condition, results of operations and cash flowsof the registrant as of, and for, the periods presented in this report;

 

4. The registrant’s other certifying officer(s)and I are responsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and have:

 

a)              Designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to be designedunder our supervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which thisquarterly report is being prepared;

 

b)             Evaluated the effectiveness of theregistrant’s disclosure controls and procedures and presented in this reportour conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on suchevaluation; and

 

c)              Disclosed in this report any change inthe registrant’s internal control over financial reporting that occurred duringthe registrant’s most recent fiscal quarter (the registrant’s fourth fiscalquarter in the case of an annual report) that has materially affected, or arereasonably likely to materially affect, the registrant’s internal control overfinancial reporting; and

 

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

 

a)              All significant deficiencies and materialweaknesses in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; and

 

b)             Any fraud, whether or not material, thatinvolves management or other employees who have a significant role in theregistrant’s internal control over financial reporting.

 

Date:March 11, 2004

 
|   | /s/ Mark A. Anderson                                    |   |
|--------|---------------------------------------------------------|--------|
|   | Mark A. Anderson  President and Chief Executive Officer |

 

----