alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNI TED STAT ES COURT OF APPEALS FOR THE FIF TH CIRCU IT

N o
. 1 0

- 1 0 2 4 9 C o n f e r e n c e C a l e n d a r

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. S E R G I O T A F O L L A

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. 4 : 0 9

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. P E R C U R I A M : * T h e F e d e r a l P u b l i c D e f e n d e r a p p o i n t e d t o r e p r e s e n t S e r g i o T a f o l l a - M o r e n o h a s m o v e d f

o r l e a v e t o w i t h d r a w a n d h a s f i l e d a b r i e f i n a c c o r d a n c e w i t h A n d e r s

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. C a l i f o r n i a , 3 8 6 U

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. W e c o n c u r w i t h

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. A c c o r d i n g l y , c o u n s e l ’ s m o t i o n f o r l e a v e t o w i t h d r a w i s G R A N T E D , U n i te d S ta te s C o u rt o f A p p ea l s

F i ft h C i rc u i t 

### F I L E D April 19 , 20 11 Lyle W . Cayce Clerk

Purs uant to 5 T H C I R
. R. 47.5 , the cour t has d ete rm ined t hat this op inion sho uld not * be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t for th in 5 T H C I R
. R. 47.5 .4. Case: 10-10249 Document: 00511450241 Page: 1 Date Filed: 04/19/2011N o
. 1 0

- 1 0 2 4 9

c o u n s e l i s e x c u s e d f r o m f u r t h e r r e s p o n s i b i l i t i e s h e r e i n , a n d t h e A P P E A L I S D I S M I S S E D

. S e e 5 T H C I R

. R

. 4 2

. 2

.

2 Case: 10-10249 Document: 00511450241 Page: 2 Date Filed: 04/19/2011
**Exhibit 10.64****AMENDED AND RESTATED****AGREEMENT OF LIMITED PARTNERSHIP OF****TEPPCO MIDSTREAM COMPANIES, L.P.**     THIS AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF TEPPCO MIDSTREAM COMPANIES,L.P., dated as of February 27, 2007 is entered into by and between TEPPCO GP, Inc., a Delawarecorporation, as the General Partner (as defined below) and TEPPCO Partners, L.P., a Delawarelimited partnership (“TEPPCO”), as the Limited Partner (as defined below).     WHEREAS, the General Partner and the Limited Partner entered into the Agreement of LimitedPartnership of TEPPCO Midstream Companies, L.P. dated as of September 24, 2001 (the “PreviousPartnership Agreement”);     WHEREAS, on December 8, 2006, the agreement of limited partnership of TEPPCO, which is theLimited Partner and the sole stockholder of the General Partner, was amended and restated, amongother things, to delete therefrom provisions requiring approval of the unitholders of TEPPCO toamend the partnership agreement of the Partnership under specified circumstances, such provisionsserving no meaningful purpose once the General Partner became a wholly-owned subsidiary of TEPPCO;and     WHEREAS, the General Partner and the Limited Partner desire to amend and restate the PreviousPartnership Agreement in its entirety to make such changes as they have deemed appropriate in lightof matters described in the foregoing recitals;     NOW, THEREFORE, in consideration of the covenants, conditions and agreements contained herein,the General Partner and the Limited Partner do hereby amend and restate the Previous PartnershipAgreement in its entirety as follows:**ARTICLE I**
<TABLE> <S> <C>


<ARTICLE> 5
<CIK> 0000857614
<NAME> NORTH OAKS REAL ESTATE PARTNERSHIP

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                      31,261,046
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              31,261,046
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                31,261,046
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                  932,586
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (932,586)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0




</TABLE>
Exhibit 32.2

            PRINCIPAL FINANCIAL AND ACCOUNTING OFFICER 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  Emclaire   Financial  Corp.  (the
"Corporation")  on Form 10-K for the year ending December 31, 2004 as filed with
the  Securities  and Exchange  Commission  on the date here (the  "Report"),  I,
Shelly L. Rhoades,  Treasurer and Principal  Financial and Accounting Officer of
the Corporation, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to
ss. 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  result  of  operations  of  the
     Corporation.

/s/Shelly L. Rhoades
--------------------
Shelly L. Rhoades
Principal Financial and Accounting Officer
Treasurer
March 29, 2005
EXHIBIT 32.1

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER

I, Robert A. Altieri, President and Chief Executive Officer (Principal Executive Officer) of Carrollton Bancorp (the "Registrant'), hereby certify pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes/Oxley Act of 2002, to the best of my knowledge and belief, that:

(1)   such
Form 10-K for the year ended December 31, 2005, 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 such Form 10-K for the year ended December 31, 2005, fairly presents, in all material respects, the financial
conditions and results of operations of Carrollton Bancorp.

|/s/ Robert A. AltieriRobert A. Altieri President and Chief Executive Officer
March 1, 2006 |  | 
|------------------------------------------------------------------------------------------ |  | 

70

---
exh1062_021511.htm






Exhibit 10.62


 


 


*PORTIONS OF THIS SECOND AMENDMENT TO STEAM SERVICES CONTRACT HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT WHICH HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.







Second Amendment to Steam Service Contract Between


Southwest Iowa Renewable Energy, LLC


and


MidAmerican Energy Company












           MidAmerican Energy Company, an Iowa corporation, (“Company”) and Southwest Iowa Renewable Energy, LLC, an Iowa limited liability corporation, (“Customer”) hereby agree to this second amendment to their Steam Service Contract, as amended, (“Contract”) dated January 22, 2007, concerning Company’s supply of steam to Customer’s ethanol production facility located in Council Bluffs, Iowa.  Company and Customer are sometimes hereinafter collectively referred to as the “Parties.” For good and valuable consideration, the adequacy of which is hereby acknowledged by both Parties, the Parties agree to amend the Contract as follows:







1.  Notwithstanding any other provision of the Contract to the contrary, the Parties hereby agree that the Net Steam Rate, under the Contract, shall be $* per million Btu for the period of time from January 1, 2009 until such time as the noncondensing steam turbine-generator system to be provided by SIRE as described in Article VIII, Section 2c is in service, commissioned per prudent utility practice, fully operational, and ownership transferred to the Company.  At such time as the said noncondensing steam turbine-generator system is in service, commissioned per prudent utility practice, fully operational, and ownership transferred to the Company, the said Net Steam Rate shall be the $* per million Btu rate that is prescribed in the Contract for the first three years of the Contract term, and the Net Steam Rate shall be adjusted thereafter (beginning no later than February 1, 2012) as provided for in the Contract.







* OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT WHICH HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.







2.  All other provisions of the Contract shall remain unchanged.












           The foregoing change to the Contract is agreed to by the Parties and shall be effective on the 1st day of January, 2009.







 



 




	
MidAmerican Energy Company   


 


 

	 	 	Southwest Iowa Renewable Energy, LLC 	 
	By:	
/s/  William Fehrman  

	 	 By:	
/s/ Mark Drake

	 	 
	Title:   	
President

	 	 Title:	
President and CEO
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                       1,769,740
<SECURITIES>                                         0
<RECEIVABLES>                                  358,411
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             2,128,151
<PP&E>                                       6,257,432
<DEPRECIATION>                               4,899,775
<TOTAL-ASSETS>                              10,028,870
<CURRENT-LIABILITIES>                          254,937
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   9,773,933
<TOTAL-LIABILITY-AND-EQUITY>                10,028,870
<SALES>                                      1,698,640
<TOTAL-REVENUES>                             2,293,932
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             2,014,810
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                279,122
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            279,122
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   279,122
<EPS-BASIC>                                       9.45
<EPS-DILUTED>                                     9.45


</TABLE>
EXHIBIT 99

                         Independent Auditors' Report


<PAGE>

                      [STEPHEN P. RADICS & CO. LETTERHEAD]


                         INDEPENDENT AUDITORS' REPORT
                         ----------------------------

To the Board of Directors
  and Stockholders

Pulse Bancorp, Inc.

We have audited the accompanying  consolidated statements of financial condition
of Pulse Bancorp,  Inc. (the  "Corporation")  and Subsidiary as of September 30,
1993 and 1994 and the  related  consolidated  statements  of income,  changes in
stockholders'  equity  and cash  flows for each of the  years in the  three-year
period ended September 30, 1994. These consolidated financial statements are the
responsibility of the Corporation's management. Our responsibility is to express
an opinion on these consolidated financial statements based on our audits.

We  conducted  our  audits  in  accordance  with  generally   accepted  auditing
standards.  Those standards require that we plan and perform the audit to obtain
reasonable  assurance about whether the  consolidated  financial  statements are
free of material  misstatement.  An audit includes  examining,  on a test basis,
evidence  supporting the amounts and disclosures in the  consolidated  financial
statements.  An audit also includes  assessing  accounting  principles  used and
significant  estimates  made by  management,  as well as evaluating  the overall
financial  statement  presentation.  We believe our audits  provide a reasonable
basis for our opinion.

In our opinion, the consolidated  financial statements referred to above present
fairly, in all material respects,  the financial position of Pulse Bancorp, Inc.
and  Subsidiary  as of  September  30,  1993 and 1994 and the  results  of their
operations and cash flows for each of the years in the  three-year  period ended
September 30, 1994, in conformity with generally accepted accounting principles.


                                                           /s/ Stephen P. Radics



October 25, 1994
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 09-3751

___________ Maynor Alonso Valiente-Zapet, * * Petitioner, * * Petition for Review of v. * an Order of the Board * of Immigration Appeals. Eric H. Holder, Jr., Attorney General * of the United States, * [UNPUBLISHED] * Respondent. *

___________ Submitted: July 19, 2010 Filed: July 21, 2010

___________ Before WOLLMAN, MELLOY, and GRUENDER, Circuit Judges.

___________ PER CURIAM. Guatemalan citizen Maynor Valiente-Zape t petitions for review of an order of the Board of Immigration Appeals (BIA ) denying his May 2009 mo tion to reopen and reconsider a prior decision. After careful review, we conclude that the BIA acted within its discretion. SeeAlanwoko v. Mukasey , 538 F.3d 908, 914 (8th Cir. 2008); Esenwah v. Ashcroft , 378 F.3d 763, 765 (8th Cir. 2004); Raffington v. INS , 340 F.3d 720, 721, 724 (8th Cir. 2003). Accordingly, we deny the petition for review.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Stephen J. Markman

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

Joan L. Larsen,

Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

May 2 7 , 2016

p051 8 

# Order

Clerk May 27 , 2016

152758

COVENANT MEDICAL CENTER, INC.,

Plaintiff

- Appellee,

v SC: 152758

COA: 322108

Saginaw CC: 13

- 020416

- NF

STATE FARM MUTUAL AUTOMOBILE

INSURANCE COMPANY,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the October 22, 2015

judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall

include among the issues to be briefed: (1) whether a healthcare provider has an

independent or derivative claim against a no

- fault insurer for no

- fault benefits; (2)

whether a healthcare provider constitutes “some ot her person” within the meaning of the

second sentence of MCL 500.3112; and (3) the extent to which a hearing is required by

MCL 500.3112.

Persons or groups interested in the determination of the issues presented in this

case may move the Court for permis sion to file briefs amicus curiae.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 01-7824

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JAMES EDWARD LOWE, III, a/k/a Jaimie,

Defendant - Appellant.

Appeal from the United States District Court for the Middle

District of North Carolina, at Durham. James A. Beaty, Jr.,

District Judge. (CR-98-214, CA-01-44-1)

Submitted: March 21, 2002 Decided: March 28, 2002

Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

James Edward Lowe, III, Appellant Pro Se. Steven Hale Levin,

OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina,

for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

James Edward Lowe seeks to appeal the district court’s order

denying his motion filed under 28 U.S.C.A. § 2255 (West Supp.

2001). We have reviewed the record and the district court’s

opinion accepting the recommendation of the magistrate judge and

find no reversible error. Accordingly, we deny a certificate of

appealability and dismiss the appeal on the reasoning of the

district court. See United States v. Lowe, Nos. CR-98-214; CA-01-

44-1 (M.D.N.C. Oct. 2, 2001). We dispense with oral argument

because the facts and legal contentions are adequately presented in

the materials before the court and argument would not aid the

decisional process.

DISMISSED
112TH CONGRESS 

2D SESSION H. R. 2896 

AN ACT 

To designate the facility of the United States Postal Service 

located at 369 Martin Luther King Jr. Drive in Jersey 

City, New Jersey, as the ‘‘Judge Shirley A. Tolentino 

Post Office Building’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 2896 EH

1 SECTION 1. JUDGE SHIRLEY A. TOLENTINO POST OFFICE 

2 BUILDING. 

3 (a) DESIGNATION.—The facility of the United States 

4 Postal Service located at 369 Martin Luther King Jr. 

5 Drive in Jersey City, New Jersey, shall be known and des6 ignated as the ‘‘Judge Shirley A. Tolentino Post Office 

7 Building’’. 

8 (b) REFERENCES.—Any reference in a law, map, reg9 ulation, document, paper, or other record of the United 

10 States to the facility referred to in subsection (a) shall 

11 be deemed to be a reference to the ‘‘Judge Shirley A. 

12 Tolentino Post Office Building’’. 

Passed the House of Representatives July 23, 2012. 

Attest: 

Clerk. 

112TH CONGRESS 

2D SESSION H. R. 2896 

AN ACT 

To designate the facility of the United States PostShirley A. Tolentino Post Office Building’’. Drive in Jersey City, New Jersey, as the ‘‘Judge al Service located at 369 Martin Luther King Jr.
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2576 Reported in House (RH)]

                                                 Union Calendar No. 170
112th CONGRESS
  1st Session
                                H. R. 2576

                          [Report No. 112-254]

To amend the Internal Revenue Code of 1986 to modify the calculation of 
modified adjusted gross income for purposes of determining eligibility 
                for certain healthcare-related programs.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 18, 2011

  Mrs. Black introduced the following bill; which was referred to the 
                      Committee on Ways and Means

                            October 18, 2011

   Additional sponsors: Mr. Roskam, Mr. Schrader, and Mr. Duncan of 
                               Tennessee

                            October 18, 2011

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL

 
To amend the Internal Revenue Code of 1986 to modify the calculation of 
modified adjusted gross income for purposes of determining eligibility 
                for certain healthcare-related programs.

 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. MODIFICATION OF CALCULATION OF MODIFIED ADJUSTED GROSS 
              INCOME FOR DETERMINING CERTAIN HEALTHCARE PROGRAM 
              ELIGIBILITY.

    (a) In General.--Subparagraph (B) of section 36B(d)(2) of the 
Internal Revenue Code of 1986 is amended by striking ``and'' at the end 
of clause (i), by striking the period at the end of clause (ii) and 
inserting ``, and'', and by adding at the end the following new clause:
                            ``(iii) any amount of social security 
                        benefits of the taxpayer excluded from gross 
                        income under section 86.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.
                                                 Union Calendar No. 170

112th CONGRESS

  1st Session

                               H. R. 2576

                          [Report No. 112-254]

_______________________________________________________________________

                                 A BILL

To amend the Internal Revenue Code of 1986 to modify the calculation of 
modified adjusted gross income for purposes of determining eligibility 
                for certain healthcare-related programs.

_______________________________________________________________________

                            October 18, 2011

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
```
Unassociated Document







Exhibit 10.3(a)


 



October 8, 2010


 


Mr. Gregory D. Tse


 


Member of the Board


 


First China Pharmaceutical Group, Inc.


 


I, Mr. Zhen Jiang Wang hereby amend the Bonus Payment Agreement that I entered into with First China Pharmaceutical Group, Inc. on October 7, 2010 to reflect the following:


 



	
1.

	
In order to ensure that the company has sufficient working capital to execute its business plan, I hereby waive my right to receive any bonus payments as provided in the Bonus Payment Agreement dated October 7, 2010, for the Fiscal Year of First China Pharmaceutical Group, Inc. ending March 31, 2011.







 



	
2.

	
No amounts due for the Fiscal Year of First China Pharmaceutical Group, Inc. ending March 31, 2011 will be carried forward.  I absolve all interests in any payments due to me for the Fiscal Year of First China Pharmaceutical Group, Inc. ending March 31, 2011.







 



	
3.

	
By May 30, 2011, I will inform the Board of First China Pharmaceutical Group, Inc. of my intentions of bonus payments due to me, as provided in the Bonus Payment Agreement dated October 7, 2010, for all or part of the Fiscal Year of First China Pharmaceutical Group, Inc. ending March 31, 2012.







 


 


 


 


 



	
/s/ Zhen Jiang Wang

	  
	
Mr. Zhen Jiang Wang

	  
	
     


 


 


 

	  
	
/s/ Gregory D. Tse

	  
	
Witness