alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

October 27, 2008 Clifford W. Taylor,

 Chief Justice 

137160 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. LINDA ROBINSON, Stephen J. Markman, Plaintiff-Appellant, Justices 

v SC: 137160 

 COA: 277339 

Oakland CC: 06-072938-NO 

BIRDS EYE FOODS, INC., d/b/a DEAN 

FOODS AGRILINK, IVANHOE HUNTLEY 

7001 OLR, L.L.C., IVANHOE MAINTENANCE 

COMPANY, and IVANHOE MANAGEMENT 

COMPANY, 

Defendants-Appellees. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the July 15, 2008 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court. 

1020 

I, Corbin R. Davis, 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. 

October 27, 2008 

 Clerk
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-11-00373-CV

JPMorgan Chase Bank, N.A.

v.

Professional Pharmacy II

§

§

§

§

From the 17th District Court

of Tarrant County (17-231360-08)

December 31, 2014

Opinion by Justice Gardner

JUDGMENT

This court has considered the record on appeal and holds that there was 

error in the trial court’s judgment. In accordance with rule of appellate procedure 

46.3, we suggest a remittitur of $64,000. If Appellee Professional Pharmacy II 

files in this court within twenty days from the date of this opinion, a remittitur of 

$64,000, we will reform the judgment to award Appellee Professional Pharmacy 

II $99,180.55 (eighty-five percent of $116,683) in actual damages and 

$14,677.20 in prejudgment interest1and, as so reformed, affirm the trial court’s 

judgment. If the suggested remittitur is not timely filed, we will reverse the trial 

 

1

$14,677.20 reflects a recalculated award of prejudgment interest on 

damages in the amount of $99,180.55 at the rate of five percent simple interest 

from July 15, 2008, through June 29, 2011. See Mahon v. Caldwell, Haddad, 

Skaggs, Inc., 783 S.W.2d 769, 772 (Tex. Civ. App.—Fort Worth 1990, no writ) 

(suggesting proportional reduction in prejudgment interest as part of suggested 

remittitur).
court’s judgment and remand Appellee Professional Pharmacy II’s negligence 

claim to the trial court for a new trial on both liability and damages.

It is further ordered that each party shall bear their own costs of this 

appeal, for which let execution issue.

SECOND DISTRICT COURT OF APPEALS 

By _/s/ Anne Gardner__________

 Justice Anne Gardner
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#### UNITED STATES of America, Plaintiff-Appellee, v. Betty SYLVESTER, a.k.a. Betty Sanders, a.k.a. Betty Boo, Dashane Laurel, Defendants-Appellants.

No. 07-12164

Non-Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

May 13, 2008.

Spiro T. Kypreos, Clinton A. Couch, Clinton A. Couch, P.A., Pensacola, FL, for Defendants-Appellants.

E. Bryan Wilson, Tallahassee, FL, Tiffany Hope Eggers, Pensacola, FL, for Plaintiff-Appellee.

Before BIRCH, CARNES and PRYOR, Circuit Judges.

PER CURIAM:

Spiro T. Kypreos, appointed counsel for Betty Sylvester, has filed a motion to withdraw on appeal supported by a brief prepared pursuant to *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the entire record reveals that counsel’s assessment of the relative merit of the appeal is correct. Because independent examination of the entire record reveals no issues of arguable merit, counsel’s motion to withdraw is GRANTED and Sylvester’s convictions and aggregate sentence are AFFIRMED.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-START>                             APR-01-1996
<PERIOD-END>                               MAR-31-1997
<CASH>                                         191,486
<SECURITIES>                                         0
<RECEIVABLES>                               39,646,056
<ALLOWANCES>                                (2,493,880)
<INVENTORY>                                 35,595,323
<CURRENT-ASSETS>                            81,205,111
<PP&E>                                       7,545,202
<DEPRECIATION>                              (4,291,402)
<TOTAL-ASSETS>                             111,385,244
<CURRENT-LIABILITIES>                       31,884,838
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       174,475
<OTHER-SE>                                  73,944,261
<TOTAL-LIABILITY-AND-EQUITY>               111,385,244
<SALES>                                     87,640,006
<TOTAL-REVENUES>                            87,640,006
<CGS>                                       39,183,165
<TOTAL-COSTS>                               39,183,165
<OTHER-EXPENSES>                            44,348,261
<LOSS-PROVISION>                               195,000
<INTEREST-EXPENSE>                           2,175,628
<INCOME-PRETAX>                              1,737,952
<INCOME-TAX>                                   660,081
<INCOME-CONTINUING>                          1,077,871
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                901,648
<CHANGES>                                            0
<NET-INCOME>                                   176,223
<EPS-PRIMARY>                                     0.02
<EPS-DILUTED>                                     0.02
        

</TABLE>
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 95-6519
BERNARD FELDER, Petitioner - Appellant, versus MICHAEL MOORE, Commissioner, South Carolina Department of Correct ions; CHARLES MOLONY CONDON, Attorney General for the State of South Carolina, Respondents - Appellees.
Appeal from the United States District Court for the District of South Carolina, at Columbia. Henry M. He rlong, Jr., District Judge. (CA-94-287-3-20BD) Submitted: February 7, 1996 Decided: February 21, 1996 Before MURNAGHAN and WILLIAMS, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Bernard Felder, Appellant Pro Se. Donald John Zelenka, Chief Deputy Attorney General, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals from the district court's order denying relief on his 28 U.S.C. § 2254 (1988) petition. We have reviewedthe 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 probable cause to appeal and dismiss the appeal on the reasoning of the district court. Felder v. Moore , No. CA-94-287-3-20BD (D.S.C. Mar. 20, 1995). 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
Exhibit
10.4





AMENDMENT
TO


EMPLOYMENT
AGREEMENT
  This
Amendment to Employment Agreement (this “Amendment”), dated November 15, 2009,
is made by and among American Oriental Bioengineering Inc., a Nevada corporation
(the “Company”), and Binsheng Li, residing at Nangang District, Harbin,
China(the
“Executive”).  Any capitalized term not defined herein shall have the
meaning for such term specified in the Employment Agreement (as defined
below).
  WHEREAS, the Executive and the
Company entered into an Employment Agreement dated April 9, 2008, and effective
as of April 20, 2008 (the “Employment Agreement”);
 
 WHEREAS,  under the
Employment Agreement, the Executive was initially granted an option to
purchase a certain number of shares of common stock (the "Initial Option
Grant"), which number was based upon the Company's internal method for
valuing each share of common stock underlying the stock option at the time
of the grant (the "Per Share Value"), to reach a total annual compensation
value for accounting purposes (the "Total Value") ;
 
 WHEREAS, as the result of an
error in the calculation of the Per Share Value, the number of shares
issuable under the Initial Option Grant was incorrect and should have been lower
although the Total Value remains unchanged and the exercise price remains
unchanged from the date of the Initial Option Grant;
 
 WHEREAS, the Initial
Option Grant should be reduced and the Compensation Committee of the Board of
Directors has ratified, approved and confirmed in all respects, the
reduction in the Initial Option Grant;
  NOW
THEREFORE,in consideration of the foregoing and for other
consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto, intending to be legally bound, hereby agree as
follows:
  1. Section
7 of the Employment Agreement is hereby amended by deleting “167,771” as the
number of shares of common stock that the Executive can purchase under the stock
options, and replacing it with “61,040.”
  2. Except
as specifically amended hereby, the Employment Agreement shall continue in full
force and effect unmodified and the parties hereby reaffirm the
same.
  3. This
Amendment shall be construed in accordance with and governed by the laws of the
State of New York, without giving effect to the conflict of laws principles
thereof.
  4. This
Amendment may be signed in any number of counterparts, each of which shall be an
original and all of which shall be deemed to be one and the same instrument,
with the same effect as if the signatures thereto and hereto were upon the same
instrument.  A facsimile signature shall be deemed to be an original
signature for purposes of this Amendment.
  [Remainder
of page intentionally left blank]
  
  IN WITNESS WHEREOF, the parties hereto have duly executed this
Amendment as of the day and year first above written.
 AMERICAN ORIENTAL
      BIOENGINEERING, INC.By:  /s/ Tony
      LiuName: Tony
      LiuTitle:   Chairman
      and Chief Executive Officer
 EXECUTIVE:
  /s/
Binsheng
Li
 Binsheng
Li
Exhibit 32.1

CERTIFICATIONS PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the Quarterly Report of Gaiam, Inc. (the Company) on Form 10-Q for the period ended June 30, 2011, as filed with the U.S. Securities and Exchange Commission
on the date hereof (the Report), I, Lynn Powers, Chief Executive 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 my knowledge:



| | (1) | The Report fully complies with the requirements of Sections 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: August 9, 2011



/s/ Lynn PowersLynn PowersChief Executive Officer
(principal executive officer)
I 

117TH CONGRESS 

1ST SESSION H. R. 3227 

To repeal the military surplus program under title 10, United States Code. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 13, 2021 

Ms. VELA ́ZQUEZ (for herself, Ms. PINGREE, Ms. NORTON, Ms. PRESSLEY, Mr. 

POCAN, Ms. SCHAKOWSKY, Mr. ESPAILLAT, Ms. BUSH, Mr. MCGOVERN, 

Ms. CASTOR of Florida, Ms. TLAIB, Ms. OMAR, Ms. LEE of California, 

Ms. CLARKE of New York, Mrs. CAROLYN B. MALONEY of New York, 

Ms. OCASIO-CORTEZ, Mr. KHANNA, and Mr. BEYER) introduced the following bill; which was referred to the Committee on Armed Services 

A BILL 

To repeal the military surplus program under title 10, United 

States Code. 

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 ‘‘Demilitarizing Local 

5 Law Enforcement Act of 2021’’. 

6 SEC. 2. REPEAL OF DEPARTMENT OF DEFENSE SUPPORT 

7 TO LAW ENFORCEMENT AGENCIES. 

8 (a) IN GENERAL.—Chapter 153 of title 10, United 

9 States Code, is amended by striking section 2576a. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 3227 IH

1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of such chapter is amended by striking 

3 the item relating to section 2576a. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
<PAGE>   1
EXHIBIT 10.12




                   AMENDMENT TO MANAGEMENT SEVERANCE AGREEMENT


                  WHEREAS, Second Bancorp, Incorporated, and _______________
(the "Executive"), parties to a Management Severance Agreement dated as of June
1, 1993 (the "Agreement"), now desire to amend that Agreement for the purposes
of (i) increasing the amount of Severance Compensation (as defined in the
Agreement) payable thereunder, and (ii) adding disability insurance coverage to
the Benefits (as defined in the Agreement) due the Executive thereunder;

                  NOW, THEREFORE, to effect the foregoing, the Agreement is
hereby amended in the following respects.

                  1.       Subsections  5(a)(i) and (ii) of the  Agreement are
                           hereby deleted in their entirety and replaced with
                           the following:

                           "(i) three times his/her annual base salary in effect
                           on the date of his/her severance from the
                           Corporation, or (ii) if applicable, three times
                           his/her annual base salary just prior to the Change
                           in Control (the 'Severance Compensation'),".

                  2.       The phrase "twelve (12) consecutive monthly
                           installments" in or about line 21 of Section 5 of the
                           Agreement is hereby deleted and replaced with
                           "thirty-six (36) consecutive monthly installments".

                  3.       The phrase "first anniversary date" found in subpart
                           (z) of the definition of "Severance Period" in
                           Section 5 of the Agreement is hereby deleted and
                           replaced with "third anniversary date".

                  4.       The phrase "and life insurance plans but specifically
                           excluding any disability insurance plan" beginning in
                           line 5 of Section 6 of the Agreement is hereby
                           deleted and replaced with "disability and life
                           insurance plans".

                  Except as specifically amended hereby, the Agreement remains
in full force and unaffected hereby.

                  IN WITNESS WHEREOF, this Amendment to Management Severance
Agreement has been executed at Warren, Ohio, on ____________________, 1995, and
is effective as of that date.

SECOND BANCORP, INCORPORATED


By: ____________________________           ____________________________________
    Alan G. Brant                  Executive -
    Chairman & President




                                                                              76
FMCS | 250 E Street SW, Washington, D.C. 20427 | 202-606-8100 | www.fmcs.gov

NEWS RELEASE

Monday, Apr. 13, 2020 Contact: Greg Raelson

For Immediate Release Office of Congressional & Public Affairs

Website: www.fmcs.gov Phone: (202) 606-8081

FMCS Conducts Over A Million Online Meeting Minutes in 30 

Days

WASHINGTON, D.C. — The Federal Mediation and Conciliation Service (FMCS), reached a monumental 

milestone while exhibiting their flexibility during the COVID-19 heath crisis by conducting more than a 

million minutes of online meetings in 30 days using their primary virtual platform.

In a press release dated March 17, FMCS announced its virtual mediation capabilities in order to carry 

on its mission providing conflict management, dispute resolution, employment mediation and collective 

bargaining services following the White House memorandum requiring agencies to offer maximum 

telework flexibilities during the National Emergency. 

The landmark one million minutes was conducted during more than 1,500 webinars and meetings 

involving almost 30,000 participants.

###

The U.S. Federal Mediation & Conciliation Service (FMCS) is the nation’s premier public agency for 

dispute resolution and conflict management. FMCS was created by Congress as a neutral and 

independent government agency upon enactment of the Labor-Management Relations Act of 1947 (TaftHartley Act) and mandated to resolve industrial conflict and promote labor-management peace and 

cooperation, minimizing the impact of these disputes on the free flow of commerce. With headquarters 

in Washington, D.C. and offices across the country, the agency has a proud track record of decades of 

effective dispute resolution and conflict management services for employers and unions across industries 

and work activities in the private, public, and federal sectors. FMCS is also recognized for its success 

facilitating negotiated rulemaking processes and for its robust employment mediation program in the 

federal sector as well as its global program, partnering with more than 60 countries to provide 

international consulting and training. For more on FMCS or to request services, visit www.fmcs.gov
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<ARTICLE>                       5
<LEGEND>
                                                                    Exhibit 27.1

FINANCIAL DATA SCHEDULE

Exhibit  (27.1):  Financial  Data  Schedule for the Three Months Ended March 31,
2000

</LEGEND>
<CIK>                           0001090503
<NAME>                          YELLOWBUBBLE.COM, INC.

<S>                             <C>
<PERIOD-TYPE>                         3-MOS
<FISCAL-YEAR-END>               Dec-31-2000
<PERIOD-START>                  Jan-01-2000
<PERIOD-END>                    Mar-31-2000
<CASH>                              921,154
<SECURITIES>                              0
<RECEIVABLES>                             0
<ALLOWANCES>                              0
<INVENTORY>                               0
<CURRENT-ASSETS>                  1,057,835
<PP&E>                                    0
<DEPRECIATION>                            0
<TOTAL-ASSETS>                    1,530,098
<CURRENT-LIABILITIES>               719,032
<BONDS>                                   0
<PREFERRED-MANDATORY>                     0
<PREFERRED>                               0
<COMMON>                             13,366
<OTHER-SE>                        1,500,422
<TOTAL-LIABILITY-AND-EQUITY>      1,530,098
<SALES>                                   0
<TOTAL-REVENUES>                      1,967
<CGS>                                     0
<TOTAL-COSTS>                             0
<OTHER-EXPENSES>                    488,652
<LOSS-PROVISION>                          0
<INTEREST-EXPENSE>                        0
<INCOME-PRETAX>                    (486,685)
<INCOME-TAX>                              0
<INCOME-CONTINUING>                (486,685)
<DISCONTINUED>                            0
<EXTRAORDINARY>                           0
<CHANGES>                                 0
<NET-INCOME>                       (486,685)
<EPS-BASIC>                             -
<EPS-DILUTED>                             0





</TABLE>
**EXHIBIT
      32**





**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 Electronic Control Security Inc. (the
      "Company") on Form 10-KSB for the period ended June 30, 2008 as filed with
      the
      Securities and Exchange on the date hereof (the "Report"), the undersigned,
      in
      the capacities and on the dates indicated below, hereby certifies pursuant
      to 18
      U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
      Act of 2002, that to his knowledge:




1.
      The
      Report 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 operation of the Company.




SIGNATURE
            
            TITLE
            
            DATE/s/ Arthur Barchenko
            
            President, Chief Executive Officer (and
            
            October 10, 2008Arthur Barchenko
            
            Principal Financial and Accounting Officer)
              and Director




A
      signed
      original of this written statement required by Section 906, or other document
      authenticating, acknowledging, or otherwise adopting the signature that appears
      in typed form with the electronic version 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.