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

                                                                    Exhibit 10.8

January 23, 2003

STRICTLY PERSONAL AND CONFIDENTIAL
HAND DELIVERED, ORIGINAL TO FILE

Dear Cameron:

I am pleased to reconfirm your position as Senior Vice President Corporate
Development, at ALDERWOODS GROUP, INC. This letter is intended to replace any
other previous employment letters and/or contracts, between you and ALDERWOODS
GROUP INC.

REPORTS TO:                         PAUL HOUSTON, PRESIDENT AND CEO
LOCATION:                           2225 SHEPPARD AVENUE EAST, SUITE 1100
                                    TORONTO, ONTARIO M2J 5C2

Please find listed below an outline of your employment terms;

     1)   BASE SALARY; your base salary is $175,000 CDN ( paid bi-weekly )

     2)   ANNUAL INCENTIVE; you are entitled to participate at the annual
          executive level of 40% target and 80% maximum. Program details
          supplied to you .

     3)   STOCK OPTIONS; you will be entitled to participate in the stock option
          program. The details of this grant will be covered by a separate stock
          option agreement as determined and administrated by the Board of
          Directors.

     4)   BENEFITS PROGRAMS; you will be covered by the company's benefits
          programs, covering medical and dental plans.

     5)   ANNUAL MEDICAL; you are entitled to take a company paid annual
          medical.

     6)   RRSP PENSION; you will be eligible company's RRSP program in which you
          can make deposits and the company will match the value.

     7)   CAR ALLOWANCE; you will be entitled to $600.00 CDN/ month (paid
          bi-weekly ).

     8)   VACATION ENTITLEMENT; you are eligible for four (4) weeks vacation per
          year.

     9)   TERMINATION OF EMPLOYMENT; if you should be terminated for any reason
          other than just cause, you will be entitled to receive twelve (12)
          months severance.

     10)  CHANGE OF CONTROL; if there is a change in control whereby 51% or more
          of the company's shares change hands and as a result your employment
          is terminated, you will receive 24 months severance.


Sincerely,                                    Acceptance:

-------------------------------               ----------------------------------
Paul Houston, President and CEO               Cameron Duff
<PAGE>
 
                                                                      EXHIBIT 21
                               Polymer Group, Inc.

                       Subsidiaries of Polymer Group, Inc.



     Subsidiary                             Jurisdiction of Incorporation
     ----------                             -----------------------------  
                                  
     PGI Polymer, Inc.                              Delaware
     Chicopee Holdings, Inc.                        Delaware
     Chicopee, Inc.                                 Delaware
     Chicopee Holdings B.V.                         The Netherlands, Delaware*
     Chicopee B.V.                                  The Netherlands
     FiberTech Group, Inc.                          Delaware
     Technetics Group, Inc.                         Delaware
     Fibergol Corporation                           Delaware
     Bonlam S.A. de C.V.                            Mexico
     Fabrene Group, Inc.                            Canada
     Fabrene Inc.                                   Canada
     Fabrene Corp.                                  Delaware
     Fabrene L.L.C.                                 Delaware
     PNA Corp.                                      Delaware
     FNA Polymer Corp.                              Delaware




* Pursuant to a certificate of domestication filed with the Secretary of State
  of Delaware on September 19, 1996, this subsidiary was incorporated in the
  State of Delaware under the name Chicopee Holdings (Netherlands) B.V.
  Corporation.

                                      29
#### Aguedo J. ESCOBAR OLAIZOLA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 10-70215.

United States Court of Appeals, Ninth Circuit.

Submitted March 9, 2010.*

Filed March 15, 2011.

John E. Ricci, Law Office of Ricci and Sprouls, San Francisco, CA, for Petitioner.

Chief Counsel Ice, Office of the Chief Counsel Department of Homeland Security, San Francisco, CA, OIL, Joanna L. Watson, Trial, Ernesto Horacio Molina, Jr., Esquire, Senior Litigation Counsel, DOJ-U.S. Department of Justice, Washington, DC, for Respondent.

Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Aguedo Escobar Olaizola, a native and citizen of El Salvador, petitions for review *726of the decision of the Board of Immigration Appeals denying his motion to reopen the underlying denial of his application for special rule cancellation of removal. The BIA denied the underlying cancellation application based on its overall discretion, and denied the motion to reopen on the basis that petitioner failed to show that his new evidence was previously unavailable, or alternatively, that the new evidence was insufficient to change the result in the case.

Escobar Olaizola contends that the BIA abused its discretion in concluding that the new and material evidence of his continuing sobriety did not warrant granting the motion to reopen. We lack jurisdiction to review the BIA’s underlying discretionary denial of Escobar Olaizola’s application for cancellation relief. *See 8*U.S.C. § 1252(a)(2)(B); *Romero-Torres v. Ashcroft,*327 F.3d 887, 888 (9th Cir.2003). The supplemental evidence that petitioner presented with his motion concerned the same grounds as the discretionary denial of the underlying application for cancellation, and we therefore lack jurisdiction to review the BIA’s denial of the motion to reopen. *See Fernandez v. Gonzales,*439 F.3d 592, *600-03*(9th Cir.2006).

PETITION FOR REVIEW DISMISSED.

**

 This disposition is not appropriate for publication and is not precedent except as provid*726ed by 9 th Cir. R. 36-3.
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D18-4312

_____________________________

JAMES C. STALLWORTH,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Escambia County.

John L. Miller, Judge.

June 24, 2019

PER CURIAM.

AFFIRMED.

ROBERTS, ROWE, and KELSEY, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

James C. Stallworth, pro se, Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 13-60107

ROBERT ANTHONY HUBBARD,

Plaintiff−Appellant,

versus

BOLIVAR COUNTY CORRECTIONAL FACILITY; 

CAPTAIN GATLON, Chief of Security; 

SERGEANT REYNOLDS, Shift Supervisor,

Defendants−Appellees.

Appeal from the United States District Court

for the Northern District of Mississippi

No. 2:12-CV-96

Before JOLLY, SMITH, and CLEMENT, Circuit Judges.

PER CURIAM:*

Robert Hubbard, Mississippi prisoner # 109084, moves for leave to 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

February 7, 2014

Lyle W. Cayce

Clerk

 

 Case: 13-60107 Document: 00512526519 Page: 1 Date Filed: 02/07/2014
No. 13-60107

proceed in forma pauperis (“IFP”) on appeal from the dismissal of his 42 U.S.C. 

§ 1983 complaint for failure to state a claim pursuant to 28 U.S.C. § 1915(e). 

The district court concluded that Hubbard’s claims were based only on allegations of negligence. Hubbard’s request for IFP status was denied, and the court 

certified that an appeal would not be taken in good faith. By moving to proceed 

IFP on appeal, Hubbard challenges that certification. See Baugh v. Taylor, 

117 F.3d 197, 202 (5th Cir. 1997). 

Hubbard provides only conclusional contentions, without citations to the 

record or reference to any relevant legal authorities, that the district court 

erred and that he alleged more than negligence. His appeal fails to set forth 

any issue of arguable legal merit and is therefore frivolous. See Howard v. 

King, 707 F.2d 215, 220 (5th Cir. 1983). The motion to proceed IFP is denied, 

and the appeal is DISMISSED as frivolous. See 5TH CIR. R. 42.2. 

The district court’s dismissal of his complaint for failure to state a claim

and the dismissal of this appeal count as two strikes under § 1915(g). See Adepegba v. Hammons, 103 F.3d 383, 387-88 (5th Cir. 1996). Hubbard has one 

previous strike. See Hubbard v. Carroll-Montgomery Reg’l Corr. Facility, 

No. 4:10-CV-157 (N.D. Miss. Sept. 7, 2011). Hubbard has now accumulated 

three strikes; therefore, he is barred from proceeding IFP in any civil action or 

appeal filed while he is incarcerated or detained in any facility unless he is 

under imminent danger of serious physical injury. See § 1915(g).

2

 Case: 13-60107 Document: 00512526519 Page: 2 Date Filed: 02/07/2014
<PAGE>
                                                                    EXHIBIT 99.1



                                 CERTIFICATION

        Pursuant to Section 906 of the Corporate Fraud Accountability Act of
2002 (18 U.S.C. Section 1350, as adopted), James M. McCluney, Chief Executive
Officer of Vixel Corporation (the "Company"), and Kurtis L. Adams, the Chief
Financial Officer of the Company, each hereby certify that, to the best of their
knowledge:

1. The Company's Quarterly Report on Form 10-Q for the period ended June 30,
2002, and to which this Certification is attached as Exhibit 99.1 (the "PERIODIC
REPORT") fully complies with the requirements of section 13(a) or section 15(d)
of the Securities Exchange Act of 1934, and

2. The information contained in the Periodic Report fairly presents, in all
material respects, the financial condition of the Company as of June 30, 2002
and the results of its operations for the three and six month periods then
ended.

    IN WITNESS WHEREOF, the undersigned have set their hands hereto as of the
9th day of August, 2002.


                                             /s/ James M. McCluney
                                      ------------------------------------------
                                      JAMES M. MCCLUNEY, CHIEF EXECUTIVE OFFICER

                                             /s/ Kurtis L. Adams
                                      ------------------------------------------
                                      KURTIS L. ADAMS, CHIEF FINANCIAL OFFICER
**Exhibit 10.42A**

**AMENDMENT ONE**

**ALABAMA NATIONAL BANCORPORATION**

**PERFORMANCE SHARE AND DEFERRAL PLAN**

**FOR NON-EMPLOYEE DIRECTORS OF**

**AFFILIATE BANKS**

This Amendment One to the Alabama National BanCorporation Performance Share and Deferral Plan for Non-Employee Directors of Affiliate Banks is herebymade as of this 30th day of December, 2005, by Alabama National BanCorporation. 

**WITNESSETH:**

**WHEREAS**,Alabama National BanCorporation (the “Employer”) has previously adopted and approved the Alabama National BanCorporation Performance Share and Deferral Plan for Non-Employee Directors of Affiliate Banks (the “Plan”); 

**WHEREAS**, pursuant to duly adopted resolutions, the Board of Directors of the Employer has elected to adopt an amendment (the“Amendment”) to the Plan in order to ensure that amounts deferred under the Plan and allocated as a share allotment are not required to be classified as a liability of the Employer pursuant to Financial Accounting Standards Board Statement123 (revised 2004), *Share-Based Payment* (“FAS 123(R)”); and 

**WHEREAS**, the Employer now desires to amend the Plan inaccordance Section 11(a) and in accordance with the foregoing. 

**NOW, THEREFORE,**the Plan is hereby amended as follows:

1. Capitalized terms used in this Amendment and not otherwise defined herein have the respective meanings assigned to such terms in thePlan. 

2. Effective January 1, 2006, Section 12(a) of the Plan is amended by deleting all provisions following the firstsemi-colon therein in their entirety and inserting in lieu thereof the following: 

“(c) ; however, all distributions under thisSection 12 shall be made, as determined by the Committee, in either (i) shares of Common Stock in accordance with the provisions of Section 9, or (ii) in cash in an amount equal to the number of stock equivalents to bedistributed multiplied by the greater of (i) the Average Closing Price of the Common Stock for the twenty (20) trading days ending on the day preceding the date on which the right to such distribution arose; (ii) the Average ClosingPrice of the Common Stock for the twenty (20) trading days ending on the day preceding the date of the Change in Control; or (iii) the highest price per share of Common Stock in the transaction or series of transactions constituting theChange in Control.” 

3. All other terms, conditions, and provisions of the Plan not herein modified shall remain in full force andeffect. 

**IN WITNESS WHEREOF**, the Employer has caused this Amendment One to the Alabama NationalBanCorporation Performance Share and Deferral Plan for Non-Employee Directors of Affiliate Banks to be executed by its duly authorized officer as of the date first written above. 

 
**ALABAMA NATIONAL BANCORPORATION**(Employer)By: 
/s/ John H. Holcomb III

Its:   
 
Chairman of the Board

 

- 2 -
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-6625

RICHARD A. CAROLINA, Plaintiff - Appellant, versus SOUTH CAROLINA DEPARTMENT OF CORRECTIONS; C. J. CEPAK, Warden, Broad River Correctional Institution; WILLIAM M. WHITE, Associate Warden, Broad River Correctional Institution;TIMOTHY RILEY, Captain, Broad River Correctional Institution; PAULA WOODLIEF, School Teacher, Broad River Correctional Institution;LINDA ALLEN, Corporal, Broad River Correctional Institution, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Greenville. Joseph F. Anderson, Jr., District Judge. (CA-97-1312-6-17AK) Submitted: December 17, 1998 Decided: January 5, 1999 Before WILKINS, NIEMEYER, and TRAXLER, Circuit Judges. Affirmed by unpublished per curiam opinion. Richard A. Carolina, Appellant Pro Se. Holly Saleeby Atkins, Columbia, South Carolina, for Appellees.2 Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:Richard A. Carolina appeals the district court’s orders denying relief on his 42 U.S.C.A. § 1983 (West Supp. 1998) complaint and declining to reconsider that order. See Fed. R. Civ. P. 59. We have reviewed the record and the district court’s opinion accepting the magistrate judge’s recommendation and find no reversible error. Moreover, the district court did not abuse its discretion in declining to reconsider its order. Accordingly, we affirm on the reasoning of the district court. See Carolina v. Department of Corrections , No. CA-97-1312-6-17AK (D.S.C. Feb. 10, 1998; Mar. 16, 1998). We dispense with oral argument because thefacts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED FE BRUARY 13, 2019

NO. 03

- 18

- 00385

- CV

Joe Y. Rogers, III, Appellant

v.

Sandra Rogers Miller, Appellee

APPEAL FROM COUNTY COURT AT LAW NO. 4 OF WILLIAMSON COUNTY

BEFORE CHIEF JUS TICE ROSE, JUSTICES KELLY AND SMITH

DISMISSED FOR WANT OF PROSECUTION

-- OPINION BY JUSTICE KELLY

This is an appeal from the judgment signed by the tr i a l court on June 4, 2018. Having reviewed

the record , the Court holds that appellant has not prosecuted his appeal and did not comply with

a notice from the Clerk of this Court. Therefore, the Court dismisses the appeal for want of

prosecution. A ppellant shall pay all costs relating to this appeal, both in this Court and the court

below.
<TABLE> <S> <C>


<ARTICLE>                     5
<MULTIPLIER>                                   1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-END>                                   DEC-31-1999
<CASH>                                               4,332
<SECURITIES>                                             0
<RECEIVABLES>                                       11,750
<ALLOWANCES>                                             0
<INVENTORY>                                              0
<CURRENT-ASSETS>                                         0
<PP&E>                                             614,996
<DEPRECIATION>                                      67,029
<TOTAL-ASSETS>                                     583,293
<CURRENT-LIABILITIES>                                    0
<BONDS>                                            298,116
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                             24
<COMMON>                                                97
<OTHER-SE>                                         245,054
<TOTAL-LIABILITY-AND-EQUITY>                       583,293
<SALES>                                                  0
<TOTAL-REVENUES>                                    87,528
<CGS>                                                    0
<TOTAL-COSTS>                                       62,767
<OTHER-EXPENSES>                                         0
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                  21,481
<INCOME-PRETAX>                                          0
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                                 11,326
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                        11,326
<EPS-BASIC>                                           1.25
<EPS-DILUTED>                                         1.23



</TABLE>
The Honora ble Russell G. Clark, United States District Judge for the Western 1 District of Missouri.



## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 97-1455

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Western District of Missouri John R. Caldwell, * * [UNPUBLISHED] Appellant. *

___________ Submitted: October 6, 1998 Filed: October 23, 1998

___________ Befo re McMILLIAN, RICHARD S. ARNOLD, and MORRIS SHEPPAR D ARNOLD, Circuit Judges.

___________ PER CURIAM. John R. Caldwell appe als from the final judgment entered in the District Court 1 for the Western District of Missouri after this court affirmed his convictions fo r distributing methamphe tamine, possessing with intent to distribute methamphetamine, and being a felon in possession of firearms; reversed his conviction for using an d carrying a firearm during and in relation to the drug possession; and vacated his-2-

sentence. S ee United States v. Caldwell , 97 F.3d 1063, 1070 (8th Cir. 1996). Th e district court resentenced appellant to 140 months imprisonment and eight year s supervised release, and ordered him to pay a $150 special assessment. For reversa l appellant a rgues the district court erred in applying to the drug-possession offense a two-level enhanceme nt for possession of a firearm under U. S. Sentencing Guidelines Manual § 2D1.1(b)(1) (1997). For the reasons discussed below, we affirm th e judgment of the district court.

We review a district court & s factual findings for clear error, and the court & s app lication and construction of the Guidelines de novo. See United States v. Wells , 127 F.3d 739, 745 (8th Cir. 1997). Among other things, the record indicates that, at the time of his arrest, Caldwell was driving a car in which there were four handguns, a rifle, and ammunition. One of the handguns , a loaded .357 Magnum Llama revolver, was inside a carr

ying case together with an unloaded 9-mm. Smith and Wesson semiautomatic pistol, a jar containing 46.74 grams of methamphetamine, a scale, a mortar and pestle, and a substance suitable for cutting or diluting methamphetamine. Caldwell was carrying an additional 16.26 grams of methamphetamine and various sized plastic bags of a type commonly used for packaging in the drug trade. Having alread y affirmed his conviction for unlawful possession of these firearms, we conclude th e district court did not clearly err in finding that Caldwell possessed a firearm and did so in connection with the drug offense. See U.S. S entencing Guidelines Manual § 2D1.1, comment. (n.3) (1997) (adj ustment should be applied if weapon is present, unless it is clearly improbable

that weapon was connected with offense); United States v. Payne , 81 F.3d 759, 763 (8th Cir. 1996); United States v. Cantero , 995 F.2d 1407, 1410-12 (7th Cir. 1993).
Accordingly, we affirm the judgment of the district court.-3-

A true copy.

Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Exhibit 32.2

Certification of Chief Financial Officer  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 Mattson Technology, Inc. (the Company) on Form 10-K for the year ended December 31, 2004
as filed with the Securities and Exchange Commission on the date hereof (the Report), Ludger Viefhues, as Chief Financial Officer of the Company, hereby certifies, pursuant to 18 U.S.C. ss.
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



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.

|Date: March 22, 2005 |  | /s/LUDGER VIEFHUESLudger Viefhues Chief Financial Officer
|-------------------- |  | ---------------------------------------------------------

---



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