alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
COURT OF APPEALS OF VIRGINIA

Present: Judges Koontz, Bray and Senior Judge Hodges

JOSE ALONZO FLORES

v. Record No. 0029-95-4 MEMORANDUM OPINION * PER CURIAM TITO CONTRACTORS MAY 30, 1995 AND LIBERTY MUTUAL INSURANCE COMPANY

FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION (Atiq R. Ahmed, on brief), for appellant. Appellant submitting on brief. No brief for appellees.

Atiq R. Ahmed, attorney for Jose Alonzo Flores, deceased, and his beneficiaries, appeals a decision of the Workers' Compensation Commission which denied Ahmed's petition for attorney's fees of $12,000. Finding no error, we affirm the decision. "Code § 65.1-102 [now Code § 65.2-714] provides that the fees of attorneys shall be subject to the approval and award of the Commission." Hudock v. Industrial Comm'n , 1 Va. App. 474, 477, 340 S.E.2d 168, 171 (1986). 1 In assessing Ahmed's petition, the commission properly considered, inter alia , the absence of significant dispute among the parties, the absence of any

* Pursuant to Code § 17-116.010 this opinion is not designated for publication.

1 As the commission correctly noted, Ahmed had been awarded $600 in attorney's fees at the time the award for death benefits was entered by the commission on June 17, 1994.2 appreciable benefit to Flores or his beneficiaries resulting from Ahmed's services, and the substantial time expended by Ahmed on non-legal matters. See id. at 478-79, 340 S.E.2d at 171. These factors, together with the entire record, provide ample support for limiting the award of attorney's fees to $500. Accordingly, for the reasons set forth in the commission's opinion, we find no abuse of discretion by the commission and affirm the decision. Affirmed.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          APR-30-1997
<PERIOD-START>                             MAY-01-1996
<PERIOD-END>                               JAN-31-1997
<CASH>                                          15,707
<SECURITIES>                                         0
<RECEIVABLES>                                   23,165
<ALLOWANCES>                                     1,426
<INVENTORY>                                          0
<CURRENT-ASSETS>                                40,401
<PP&E>                                          23,818
<DEPRECIATION>                                  18,540
<TOTAL-ASSETS>                                  82,317
<CURRENT-LIABILITIES>                           14,099
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            90
<OTHER-SE>                                      62,147
<TOTAL-LIABILITY-AND-EQUITY>                    82,317
<SALES>                                              0
<TOTAL-REVENUES>                                51,394
<CGS>                                                0
<TOTAL-COSTS>                                   46,373
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 711
<INCOME-PRETAX>                                  4,843
<INCOME-TAX>                                     1,778
<INCOME-CONTINUING>                              3,065
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,065
<EPS-PRIMARY>                                      .40
<EPS-DILUTED>                                      .40
        

</TABLE>
Exhibit
      32.1







CERTIFICATION
      PURSUANT TO


18
      U.S.C.
§ 1350


AS
      ADOPTED PURSUANT TO


SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002





In
      connection with the Quarterly Report of Point.360 ( the “Company”) on Form 10-Q
      for the period ended June 30, 2006, as filed with the Securities and Exchange
      Commission (the “Report”), I, Haig S. Bagerdjian, Chief Executive Officer of the
      Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section
      906 of the Sarbanes-Oxley Act of 2002, that, to 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/
      Haig S.
      Bagerdjian


Haig
      S.
      Bagerdjian


Chief
      Executive Officer


August
      11, 2006
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3138 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3138

  To amend the National Institute of Standards and Technology Act to 
   specify a cost sharing requirement and to provide for a report to 
                               Congress.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 6, 2011

Ms. Zoe Lofgren of California (for herself, Mr. DeFazio, Mr. Pierluisi, 
Mr. McGovern, Mr. Ryan of Ohio, Mr. Cicilline, Mr. Carnahan, Mr. Levin, 
Mr. Dingell, Ms. Kaptur, Ms. Richardson, Mr. LaTourette, Ms. Moore, Mr. 
Filner, Mr. Nadler, Mr. Lujan, Mr. Welch, and Ms. Eddie Bernice Johnson 
  of Texas) introduced the following bill; which was referred to the 
              Committee on Science, Space, and Technology

_______________________________________________________________________

                                 A BILL

 
  To amend the National Institute of Standards and Technology Act to 
   specify a cost sharing requirement and to provide for a report to 
                               Congress.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Innovation in Manufacturing 
Act''.

SEC. 2. HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP PROGRAM COST 
              SHARING.

    Section 25(c) of the National Institute of Standards and Technology 
Act (15 U.S.C. 278k(c)) is amended by adding at the end the following:
            ``(9) Notwithstanding paragraphs (1), (3), and (5), for 
        fiscal year 2012 through fiscal year 2013, the Secretary may 
        not provide to a Center more than 50 percent of the costs 
        incurred by such Center and may not require that a Center's 
        cost share exceed 50 percent.
            ``(10) Not later than 1 year after the date of enactment of 
        this paragraph, the Secretary shall submit to Congress a report 
        on the cost share requirements under the program. The report 
        shall--
                    ``(A) discuss various cost share structures, 
                including the cost share structure in place prior to 
                such date of enactment and the cost share structure in 
                place under paragraph (9), and the effect of such cost 
                share structures on individual Centers and the overall 
                program; and
                    ``(B) include a recommendation for how best to 
                structure the cost share requirement after fiscal year 
                2013 to provide for the long-term sustainability of the 
                program.''.
                                 <all>
```
Exhibit 10.20

 

AMENDMENT NUMBER TWO TO EMPLOYMENT AGREEMENT

 

This AMENDMENT NUMBER TWO TO EMPLOYMENT AGREEMENT (“Amendment”) is entered into as of February 23, 2011 between Thompson Creek Metals Company USA, a Colorado corporation (“Thompson Creek”), and S. Scott Shellhaas (“Executive”), effective December 30, 2009 (the “Effective Date”).

 

RECITALS

 

WHEREAS, Thompson Creek and Executive entered into an Employment Agreement dated December 30, 2009;

 

WHEREAS, Thompson Creek and Executive subsequently entered into an Amendment to Employment Agreement effective August 5, 2010 (collectively, the “Agreement”), which Agreement remains in effect except as amended herein;

 

NOW THEREFORE, in consideration of the mutual promises and undertakings contained herein, the sufficiency of which is acknowledged by the parties hereto, Thompson Creek and the Executive agree to amend the Agreement as of the Effective Date as follows:

 

1.             A new paragraph 30 is hereby added to the Agreement as follows:

 

“PAYMENT PURSUANT TO RELEASE

 

30.           Notwithstanding anything to the contrary in this Agreement, in the event that a payment to be made under this Agreement provides for the deferral of compensation pursuant to section 409A of the Code and is pursuant to this Agreement to be made to Executive within sixty days of the Executive’s Termination of Employment but only upon the execution (and, if applicable, the nonrevocation) of a general release, then, if such sixty-day period begins in one taxable year of Executive and ends in a subsequent taxable year of Executive, such payment shall only be made in such subsequent taxable year.”

 

1











 

IN WITNESS WHEREOF, the parties have executed this Amendment on the dates written below.

 

 

EXECUTIVE:

 

 

	
/s/   S. Scott Shellhaas
    	
February 23, 2011
    	
 
    
	
S.   Scott Shellhaas
    	
(Date)
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
THOMPSON CREEK METALS COMPANY USA:
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
/s/   Kevin Loughrey
    	
February 23, 2011
    	
 
    
	
By:   Kevin Loughrey
    	
(Date)
    	
 
    


 

 

Its: President and Chief Executive Officer

 

2
<PAGE>
                                                                               .
                                                                               .
                                                                               .

                                                                   EXHIBIT 10.10

                           GTECH HOLDINGS CORPORATION

          SCHEDULE OF RECIPIENTS OF EXECUTIVE SEPARATION AGREEMENTS (1)

<TABLE>
<CAPTION>
   Recipient        Payout Period (2)
-----------------   -----------------
<S>                 <C>
W. Bruce Turner       (3)
Barbara Burns         12 months (4)
David Calabro         12 months (5)
Marc Crisafulli       12 months
Walter G. DeSocio     12 months
Kathleen McKeough     (6)
Jaymin Patel          12 months
Timothy Nyman         12 months
Donald Sweitzer       12 months
</TABLE>

(1)   Sets forth individuals who are, or who were during fiscal 2005, executive
officers and/or directors of GTECH Holdings Corporation ("Holdings") and who are
currently parties to separation agreements.

(2)   Unless otherwise indicated, executive is to receive continuation of his or
her base salary at time of separation, plus certain health, insurance and other
benefits for the respective number of months indicated.

(3)   See Agreement, dated as of August 6, 2002, between W. Bruce Turner and
Holdings.

(4)   Departed from Holdings effective April 22, 2005.

(5)   Scheduled to depart from Holdings effective May 15, 2005.

(6)   Departed from Holdings effective December 31, 2004. See Severance
Agreement and Release, dated as of November 24, 2004, by and among Holdings,
GTECH Corporation and Kathleen McKeough.
| Subsidiaries      of Carrollton Bancorp      |   | State      of Incorporation |   | Owned      by           |   | Percentage      Ownership |
|----------------------------------------------|--------|-----------------------------|--------|-------------------------|--------|---------------------------|
| Carrollton      Bank                         |   | Maryland                    |   | Carrollton      Bancorp |   | 100%                      |
| Carrollton      Financial Services Inc. |   | Maryland                    |   | Carrollton      Bank    |   | 100%                      |
| Carrollton      Community Development Corp.  |   | Maryland                    |   | Carrollton      Bank    |   | 96.4%                     |
| Carrollton      Mortgage Services, Inc. |   | Maryland                    |   | Carrollton      Bank    |   | 100%                      |
| Mulberry      Street, LLC                    |   | Maryland                    |   | Carrollton      Bank    |   | 100%                      |
Order filed April 18, 2013

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 08

- 01169

- CV

____________ CAROL ANN NORRA , Appellant

V. HARRIS COUNTY, TEXAS AND THE STATE OF TEX AS, ACTING BY

AND THROUGH THE TEXA S COMMISSION ON ENVIROMENTAL QUALITY, Appellee s

On Appeal from the 55th District Court Harris County, Texas Trial Court Cause No. 2008

- 47771



### O R D E R
On January 29, 2009, this court abated this appeal because appellant petitioned for voluntary bankruptcy in the United States Bankruptcy Court for the Southern District of Texas, under cause number . See Tex. R. App. P. 8.2.Through the Public Access to Court Electronic Records (PACER) system,

the court has learned that the bankruptcy case was closed December 19, 2012

. The

p arties failed to advise this court of the bankruptcy court action.
Unless within 20 days of the date of this order, any party to the appeal files a motion demonstrating good cause to retain this appeal, this appeal will be
reinstated and dismissed for want of prosecution.

PER CURIAM
<PAGE>   1
                                                                   EXHIBIT 10.12

                     MANAGEMENT ANTI-DILUTION INCENTIVE PLAN
                         PLAN FOR JMAR INDUSTRIES, INC.
                                   AS AMENDED

         This Management Anti-Dilution Incentive Plan ("Plan") replaces the
Management Anti-Dilution Incentive Plan (the "1993 Plan") for JMAR Industries,
Inc. ("JMAR" or the "Company"), established at the time of the 1993 public
offering of JMAR. The 1993 Plan made available for grant to the senior
management of JMAR (the "Grantees") warrants (the "Warrants") to purchase
806,637 shares of JMAR common stock, of which warrants to purchase 455,230
shares are outstanding as of August 15, 1996. The terms of the Plan shall be as
follows: 

1.       All Warrants become exercisable upon the earlier of (i) forty five days
         after the closing high bid price of the Company's common stock as
         reported on NASDAQ-NMS for 20 consecutive trading days is greater than
         $6.38; (ii) the exercise by the warrant holders of at least 90 percent
         of the Company's warrants which currently trade on the NASDAQ-NMS under
         the symbol JMARW; or (iii) nine years and six months after the date of
         grant.

2.       Prior to the date at which the Warrants become exercisable, JMAR will
         register the resale of the shares which underlie the Warrants.

3.       Subject to the other provisions hereof, unexercised Warrants held by an
         employee whose employment terminates with JMAR for reasons other than
         death, will expire sixty days after the date of that employee's
         termination. In the event that the Warrant holder dies while still
         employed by JMAR the Warrants will remain exercisable by the heirs of
         the deceased employee for a period of one year after his/her death.

4.       The Warrants shall terminate three years following the date such
         Warrants are first exercisable pursuant to Paragraph 1 or, in any
         event, ten years after date of grant.

5.       The Plan shall be administered by the Board of Directors of JMAR (the
         "Committee"). The Committee shall consider the recommendations of
         management, but shall have full and final authority in its discretion:
         (i) to

                                      
<PAGE>   2

         construe and interpret the Plan; (ii) to determine the terms and
         provisions of the respective Agreements, which need not be identical,
         including, but without limitation, terms covering the payment of the
         exercise price; and (iii) to make all other determinations and take all
         other actions deemed necessary or advisable for the proper
         administration of the Plan. All such actions and determinations of the
         Committee shall be conclusively binding for all purposes and upon all
         persons.



JMAR INDUSTRIES, INC.


/s/ John S. Martinez
------------------------------------
John S. Martinez, Ph.D.
Chairman and Chief Executive Officer
<TABLE> <S> <C>


<ARTICLE>                     5
<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-END>                                   JUN-30-1997
<CASH>                                              0
<SECURITIES>                                   92,403
<RECEIVABLES>                                  26,105
<ALLOWANCES>                                   (1,656)
<INVENTORY>                                    84,238
<CURRENT-ASSETS>                              250,840
<PP&E>                                      2,616,371
<DEPRECIATION>                                (91,472)
<TOTAL-ASSETS>                              5,189,947
<CURRENT-LIABILITIES>                         257,458
<BONDS>                                     1,832,281
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                            0
<OTHER-SE>                                  1,919,944
<TOTAL-LIABILITY-AND-EQUITY>                5,189,947    
<SALES>                                        25,847
<TOTAL-REVENUES>                               34,853
<CGS>                                          78,833
<TOTAL-COSTS>                                 503,379
<OTHER-EXPENSES>                                2,875
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                            (12,171)
<INCOME-PRETAX>                              (476,548)
<INCOME-TAX>                                        0
<INCOME-CONTINUING>                          (476,548)
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                 (476,548)
<EPS-PRIMARY>                                       0
<EPS-DILUTED>                                       0
        


</TABLE>
**Exhibit 23.1**

**CONSENT OF REGISTERED INDEPENDENT PUBLIC ACCOUNTING FIRM**

We hereby consent to the incorporation byreference in the Registration Statement on Form S-3 (No.333-106446) and in the related Prospectus and Forms S-8 (Nos. 333-106454, 333-59115, 333-116911, 333-116910, 333-131059) of Transcend Services, Inc. of our reports dated March 12, 2008with respect to the consolidated financial statements of Transcend Services, Inc. and subsidiary, and the effectiveness of internal control over financial reporting of Transcend Services, Inc. and subsidiary, included in this Annual Report (Form10-K/A) for the year ended December 31, 2007. 

/s/ Habif, Arogeti & Wynne, LLP 

Atlanta, Georgia 

April 15, 2008
ex10_10.htm


 







Exhibit 10.10


 


Maurice M. Taylor, Jr. Employment Agreement Amendment - December 30, 2010


 


The Employment Agreement dated April 28, 2006 and amended October 1, 2008, under "Section 3, Direct Compensation", "Special Performance Award" is hereby extended and amended.  The Executive's Special Performance Award is extended and if the stock price has increased above $1.00 per share, the difference above $15.75 per share, if any, shall be multiplied by 1,250,000 and paid to the Executive as he instructs.  If the Executive dies while still employed, the Special Performance Award will be paid to the Executive's estate.  The Special Performance Award will continue until exercised by the Executive or the Executive leaves the company.
Exhibit 13(a)
 906 Certification
   1.
    
    the Report fully complies with the requirements of Section 13(a) or
15(d) of the Exchange Act; and2.
    
    the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations
of InterContinental Hotels Group PLC.
  By:
    
    /s/ Andrew CosslettName:
    
    Andrew CosslettTitle:
    
    Chief ExecutiveBy:
    
    /s/ Richard SolomonsName:
    
    Richard SolomonsTitle:
    
    Chief Financial Officer
CIRCUIT COURT OF AMHERST COUNTY

#### Kimberly Campbell v. David Smith Wagner et al.

May 5, 2008

Case No. CL07006747

By Judge J. Michael Gamble

I am writing this letter to rule on the motion in limine of the plaintiff. In this regard, the motion in limine is sustained. The defendant is directed to not admit in evidence, or comment on, the failure of the plaintiff to wear a seatbelt or any activity to unbuckle her seatbelt.

Va. Code § 46.2-1094(D) provides in part that “this section shall not... be the subject of comment by counsel in any action for the recovery of damages arising out of the operation... of a motor vehicle.” This code section constitutes a policy decision by the General Assembly to ban any comment on the failure to wear seatbelts. There is no exception granted by the statute to this blanket rule.

Further, after listening to the arguments of counsel, I do not think this ruling inhibits any argument of the defendant that the plaintiff was either contributorily negligent or assumed the risk. The fact that she either opened the door, or tried to leave the car while it was still in motion, is not prohibited by this ruling. While the court is not ruling at this time that this is admissible, the grant of the motion in limine with reference to the seatbelt does not prevent the presentation of these facts.