alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### June Anderson, Respondent, v State of New York, Appellant.

(Claim No. 98730.)

(Appeal No. 3.)

[858 NYS2d 645]

Appeal from a judgment of the Court of Claims (Nicholas V Midey, Jr., J.), entered December 19, 2007 in a personal injury action. The judgment awarded claimant a structured judgment pursuant to CPLR article 50-A.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs. Present—Hurlbutt, J.P, Martoche, Smith, Green and Pine, JJ.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS FOUND IN THE COMPANY'S FORM 10-KSB FOR THE FISCAL YEAR
ENDED JULY 1, 1997, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
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<CASH>                                           1,306
<SECURITIES>                                       498
<RECEIVABLES>                                       95
<ALLOWANCES>                                         0
<INVENTORY>                                         98
<CURRENT-ASSETS>                                 2,028
<PP&E>                                           1,508
<DEPRECIATION>                                     582
<TOTAL-ASSETS>                                   2,991
<CURRENT-LIABILITIES>                              800
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        10,178
<OTHER-SE>                                     (8,125)
<TOTAL-LIABILITY-AND-EQUITY>                     2,991
<SALES>                                          7,567
<TOTAL-REVENUES>                                 7,567
<CGS>                                                0
<TOTAL-COSTS>                                   10,120
<OTHER-EXPENSES>                                  (73)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   1
<INCOME-PRETAX>                                (2,481)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (2,481)
<DISCONTINUED>                                       0
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<CHANGES>                                            0
<NET-INCOME>                                   (2,481)
<EPS-PRIMARY>                                    (.62)
<EPS-DILUTED>                                    (.62)
        

</TABLE>
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EXHIBIT 10.12

                               VAUGHAN FOODS INC.
                            216 Northeast 12th Street
                              Moore, Oklahoma 73160

                                                                  March 22, 2007

Braxton Management, Inc.
Mr. Herb Grimes
      and
Mr. Stan Gustas
c/o Vaughan Foods, Inc.
216 Northeast 12th Street
Moore, Oklahoma 73160

         This will set forth the agreement pursuant to which we, or a wholly
owned subsidiary formed for that purpose, will acquire all of your current 40%
limited partnership interests in Allison's Gourmet Kitchens, LP ("Allisons") and
the general partnership interest in Allison's of Braxton Management, Inc.
("Braxton").

         1.       Simultaneously with the effectiveness of an initial public
offering of our equity securities ("IPO"), we will acquire all of the limited
partnership interests held by you for $2.5 million payable in cash (the
"Purchase Price"). The Purchase Price will be payable immediately after the
closing of the IPO. The Purchase Price will be divided 12 1/2 to Stan and
87 1/2 to Herb.

         2.       Simultaneously with the transfer of the limited partnership
interests, Braxton will assign to us its general partnership interest in
Allison's in return for our undertaking, as set forth herein, to indemnify and
hold harmless Braxton from all liability as the former general partner of
Allison's other that those liabilities, if any, resulting from Braxton's
criminal conduct or gross negligence.

         3.       The limited partnership interests in Allison's conveyed
hereunder, together with the 60% interest in Allison's currently owned by Mark
E. Vaughan and Vernon J. Brandt, Jr. and to be conveyed under a separate
agreement, will be held in an operating division or by a separate subsidiary
that we will organize for that purpose. Herb will serve as the Chairman and
Chief Executive Officer of that division or subsidiary and will be compensated
in accordance with the agreement previously reached with us.

         If this letter accurately sets forth our understanding, please sign and
return a copy of this letter to us.

                                        Very truly yours,
                                        VAUGHAN FOODS, INC.



                                        By: /s/ Mark E. Vaughan
                                            -------------------
                                            Mark E. Vaughan, President

Accepted and agreed to
This 22nd day of March, 2007

/s/ Herb Grimes
---------------
Herb Grimes

/s/ Stan Gustas
---------------
Stan Gustas


Braxton Management, Inc.

By: /s/ Herb Grimes
    ---------------
1 The Honorable Robert T. Dawson, United States District Judge for the Western District of Arkansas. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 03-3763

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the Western * District of Arkansas. Gary Michael Gatliff, * * [UNPUBLISHED] Appellant. *

___________ Submitted: June 4, 2004 Filed: June 17, 2004

___________ Before MELLOY, HANSEN, and COLLOTON, Circuit Judges.

___________ PER CURIAM. Gary Michael Gatliff pleaded guilty to willfully and knowingly transmitting in interstate commerce a telephone communication containing a threat to injure a person, in violation of 18 U.S.C. § 875(c). The district court 1 sentenced him to 18 months imprisonment and 3 years supervised release. On appeal, he argues that the district court should have granted his motion for a downward departure based on his reduced mental capacity. Given the district court’s explicit recognition of its authority to-2- depart, its decision not to do so is unreviewable. See United States v. Koons , 300 F.3d 985, 993-94 (8th Cir. 2002). Accordingly, we affirm.

______________________________
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

1168 

CA 15-00575 

PRESENT: SCUDDER, P.J., CENTRA, CARNI, WHALEN, AND DEJOSEPH, JJ. 

 

DARTNELL ENTERPRISES, INC., PLAINTIFF-APPELLANT, 

V ORDER

HEWLETT-PACKARD COMPANY (INDIVIDUALLY, AND AS 

SUCCESSOR-IN-INTEREST TO COMPAQ COMPUTER CORPORATION), 

DEFENDANT-RESPONDENT. 

 

HARRIS BEACH PLLC, PITTSFORD (H. TODD BULLARD OF COUNSEL), FOR

PLAINTIFF-APPELLANT. 

WOODS OVIATT GILMAN LLP, ROCHESTER (WILLIAM G. BAUER OF COUNSEL),

MORGAN LEWIS & BROCKIUS LLP, PHILADELPHIA, PENNSYLVANIA, FOR

DEFENDANT-RESPONDENT. 

 

Appeal from an order of the Supreme Court, Monroe County (Thomas

A. Stander, J.), entered June 18, 2014. The order, among other

things, granted defendant’s motion for summary judgment dismissing the

amended complaint. 

It is hereby ORDERED that the order so appealed from is

unanimously affirmed without costs for reasons stated in the decision

at Supreme Court.

Entered: November 13, 2015 Frances E. Cafarell

Clerk of the Court
EX-10.15



 Exhibit 10.15 
  

			
	



	  	 Patricia Tikkala
 Vice President -
Spectrum
 Sprint Corporation
 12502 Sunrise Valley
Drive
 Reston, VA 20196


 May 28, 2014 
 VIA EMAIL to
jpescatore@pdvcorp.com 
 John Pescatore 
 President and
CEO 
 Pacific DataVision, Inc. 
 1000 Hamilton Plaza Lobby
Floor 
 Patterson, NJ 07505 
 Dear John: 

The purpose of this letter is to confirm that FCI 900, Inc., ACI 900, Inc., Machine License Holdings, LLC, Nextel WIP License Corp. and Nextel License Holdings
1, Inc. (collectively, “Sellers”) and Pacific DataVision, Inc. (“Buyer”) agree pursuant to the terms of that certain Asset Purchase Agreement dated May 13, 2014 between Sellers and Buyer (the “Agreement”) to revise
Section 13 Termination, subsection (a)(ii) to extend the period of time for either Sellers or Buyer to terminate the Agreement as follows: 

“13. (a)(ii) by either Party if the FCC consent to the ULS Application has not occurred within 180 days from the filing of the ULS Application
provided, however, that if FCC consent has not occurred within 180 days due to no fault of either Party, the 180 days will be extended for 2 periods of 90 days each up to an additional 180 days. In the event FCC consent for the ULS Application still
has not occurred 360 days after its filing, Seller has the sole option to either terminate the Agreement or extend for an additional 90 day period. If Seller elects to terminate, Seller will promptly return the Deposit to Buyer (less all FCC ULS
Application fees, FCC license modification fees and Buyer’s 1⁄2 of the HSR filing fee) and the Parties will have no further obligation under the Agreement to each other, ” 

Please sign the acknowledgement below to indicate Buyer’s acceptance to the change above. If there are any questions, please do not hesitate to contact
me. 
 Sincerely, 
 /s/ Patricia Tikkala 

Patricia Tikkala 
 VP, Spectrum – Sprint Corporation 

As authorized signatory for Sellers: FCI 900, Inc., ACI 900, Inc., Machine License Holdings, LLC, Nextel WIP License Corp. and Nextel License Holding 1, Inc.

  

	
	Acknowledged and Accepted By:
	
	/s/ John Pescatore
	 John Pescatore
 President & CEO

Pacific DataVision, Inc.


 CC:  Heather Brown, Senior Counsel – Sprint Corp. 

        Jeffery Thacker, Esq. – DLA Piper LLP
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Consumer Product Safety Commission

# TIME AND DATE:

 Wednesday, October 18, 2017, 10:00 a.m.-12:00 p.m.

# PLACE:

 Hearing Room 420, Bethesda Towers, 4330 East West Highway, Bethesda, MD.

# STATUS:

 Commission Meeting—Open to the Public.

**Matter To Be Considered:**                         Decisional Matter: (1) Prohibition of Children's Toys and Child Care Articles Containing Specified Phthalates—Final Rule; (2) Revision to the Notice of Requirements (NOR) for Prohibition of Children's Toys and Child Care Articles Containing                               ( print page 47484)                            Specified Phthalates—Notice of Proposed Rulemaking.                    

                        A live webcast of the Meeting can be viewed at                         *https://www.cpsc.gov/​live.*

# CONTACT PERSON FOR MORE INFORMATION:

 Rockelle Hammond, Office of the Secretary, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814, (301) 504-7923.

Dated: October 10, 2017.

Alberta E. Mills,

Acting Secretary.

[FR Doc. 2017-22181 Filed 10-10-17; 4:15 pm]

 BILLING CODE 6355-01-P
Exhibit
32.1








DUTCH
GOLD RESOURCES, INC.;





CERTIFICATION
PURSUANT TO SECTION 906


OF THE
SARBANES-OXLEY ACT OF 2002








In
connection with the Quarterly Report of Certified Services, Inc. on Form 10-KSB
for the six month period ended December 31, 2006, as filed with the Securities
and Exchange Commission on February 22, 2008 (the "Report"), the undersigned, in
the capacities and on the dates indicated below, each hereby certify pursuant to
18 U.S.C.  section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:








(1)   The
Company’s Annual Report on Form 10–KSB for the six months ended December 31,
2006, as filed with the U.S. Securities and Exchange Commission on the date
hereof (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.





This
Certification is signed on February 22, 2008.







/s/Daniel
      W. HollisDaniel
      W. HollisChief
      Executive and FinancialOfficerDutch
      Gold Resources, Inc.
#### Joint Effort Medical, P. C., Respondent, v Neal R. Dunkelman, Appellant.

[664 NYS2d 824]

—In an action to re*265cover damages for breach of an employment contract, the defendant appeals from an order of the Supreme Court, Orange County (Slobod, J.), dated January 28, 1997, which, *inter alia,*denied his cross motion to dismiss the amended complaint for failure to state a cause of action.

Ordered that the order is reversed, on the law, with costs, the defendant’s cross motion is granted, and the amended complaint is dismissed.

The amended complaint alleges only that the defendant solicited clients of the plaintiff in violation of a nonsolicitation clause contained in the defendant’s employment contract with the plaintiff. However, it is undisputed that the clause relied on is not restricted as to time or place. Moreover, there is no allegation that the defendant improperly used any of the plaintiff’s trade secrets or a protectable customer list. Under the circumstances of this case, such allegations are insufficient, as a matter of law, to state a cause of action for breach of a nonsolicitation clause contained in an employment contract *(see, Greenwich Mills Co. v Barrie House Coffee Co.,*91 AD2d 398; *see also, Reed, Roberts Assocs. v Strauman,*40 NY2d 303; *Karpinski v Ingrasci,*28 NY2d 45; *Investor Access Corp. v Doremus & Co.,*186 AD2d 401).

The parties’ remaining contentions are academic in light of this determination. Thompson, J. P., Pizzuto, Joy and Florio, JJ., concur.
Exhibit 32.2  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 amended Quarterly Report of Nano Mask, Inc. (the Company) on Form 10-QSB/A for the period ended June 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Michael Marx, Chief Financial Officer (Principal Financial Officer) of the Company, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:  (1) the Report fully complies with the requirements of Section 13(a) or 15(d)of the Securities Exchange Act of 1934; and  (2) the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.   Dated:  February 10, 2010   /s/Michael Marx Michael Marx Chief Financial Officer (Principal Financial Officer)
I 

111TH CONGRESS 

1ST SESSION H. R. 3085 

To amend the Internal Revenue Code of 1986 to provide for the treatment 

of Indian tribal governments as State governments for purposes of determining the sources of support of charitable organizations. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 26, 2009 

Mr. BECERRA (for himself, Mr. NUNES, Mr. BLUMENAUER, Mr. HONDA, Mr. 

KILDEE, Mr. LUJA ́N, Ms. MCCOLLUM, and Mr. OLVER) introduced the 

following bill; which was referred to the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to provide 

for the treatment of Indian tribal governments as State 

governments for purposes of determining the sources of 

support of charitable organizations. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Tribal Charities Fair5 ness Act of 2009’’. 


jbell on PROD1PC69 with BILLS
2 

•HR 3085 IH

1 SEC. 2. PUBLIC SUPPORT BY INDIAN TRIBAL GOVERN2 MENTS. 

3 (a) IN GENERAL.—Section 7871(a) of the Internal 

4 Revenue Code of 1986 (relating to Indian tribal govern5 ments treated as States for certain purposes) is amended 

6 by striking ‘‘and’’ at the end of paragraph (6), by striking 

7 the period at the end of paragraph (7) and inserting ‘‘; 

8 and’’, and by adding at the end the following new para9 graph: 

10 ‘‘(8) for purposes of— 

11 ‘‘(A) determining support of an organiza12 tion described in section 170(b)(1)(A)(vi), and 

13 ‘‘(B) determining whether an organization 

14 is described in paragraph (1) or (2) of section 

15 509(a) for purposes of section 509(a)(3).’’. 

16 (b) EFFECTIVE DATE.—The amendments made by 

17 this section shall apply with respect to— 

18 (1) support received before, on, or after the 

19 date of the enactment of this Act, and 

20 (2) the determination of the status of any orga21 nization with respect to any taxable year beginning 

22 after such date of enactment. 

Æ 


jbell on PROD1PC69 with BILLS
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000059440
<NAME> BROOKE GROUP, LTD.
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           1,941
<SECURITIES>                                         0
<RECEIVABLES>                                   19,475
<ALLOWANCES>                                         0
<INVENTORY>                                     53,691
<CURRENT-ASSETS>                                80,552
<PP&E>                                          80,282
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 177,677
<CURRENT-LIABILITIES>                          204,463
<BONDS>                                        378,243
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,850
<OTHER-SE>                                    (456,839)
<TOTAL-LIABILITY-AND-EQUITY>                   177,677
<SALES>                                        452,656
<TOTAL-REVENUES>                               452,656
<CGS>                                          253,633
<TOTAL-COSTS>                                  253,633
<OTHER-EXPENSES>                                 7,211
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              60,556
<INCOME-PRETAX>                                (63,516)
<INCOME-TAX>                                     1,402
<INCOME-CONTINUING>                            (64,918)
<DISCONTINUED>                                   2,385
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (62,533)
<EPS-PRIMARY>                                    (3.28)
<EPS-DILUTED>                                    (3.28)


</TABLE>
[No. 30102-8-III.

Division Three.

October 23, 2012.]

#### The State of Washington, *Respondent,*v. Sharon Lynne Provost, *Appellant.*

Appeal from a judgment of the Superior Court for Adams County, No. 08-1-00138-5, Tari S. Eitzen, J. Pro Tern., entered July 21, 2011. *Reversed*by unpublished opinion per

Brown, J.,

concurred in by Siddoway, A.C.J., and Sweeney, J.