alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Wednesday, September 16, 2015 Contact: John Arnold, Director 

For Immediate Release Office of Public Affairs 

Web site: www.fmcs.gov Phone: (202) 606-8100 

 

Statement by FMCS Director Allison Beck on the Ongoing Labor Dispute 

Involving Pantex/Consolidated Nuclear Security (CNS) and the Metal Trades 

Council 

WASHINGTON, D.C. — Federal Mediation and Conciliation Service (FMCS) Director Allison 

Beck announced today that she has requested that senior officials from Pantex/Consolidated 

Nuclear Security (CNS) and the Metal Trades Council in Amarillo, Texas cooperate with FMCS 

in scheduling a joint meeting with an FMCS mediator to explore a settlement of the strike that 

began August 28th at the Amarillo facility. 

Noting that the strike began following worker rejection of a tentative agreement that was 

unanimously recommended for ratification by the workers’ bargaining committee, Director Beck 

stated: 

“While FMCS has been monitoring the situation closely and mediation is normally a completely 

voluntary process, we cannot stand by and let this critical nuclear weapons facility continue to 

experience a work stoppage. In the absence of the parties scheduling a session on their own, it is 

our obligation to extend every effort to help the parties bridge their differences. Accordingly, I 

have asked FMCS Deputy Director Scot L Beckenbaugh, who has a well-earned reputation of 

successfully assisting parties in the resolution of complex disputes, to intervene on behalf of 

FMCS. It is our intention to convene a meeting under the auspices of FMCS at a time and a 

location that can be agreed upon by the parties.” 

### 

The Federal Mediation and Conciliation Service, created in 1947, is an independent U.S. government 

agency whose mission is to preserve and promote labor-management peace and cooperation. 

Headquartered in Washington, DC, with 10 district offices and more than 60 field offices, the agency 

provides mediation and conflict resolution services to industry, government agencies and communities. 

NEWS RELEASE

FEDERAL MEDIATION AND CONCILIATION SERVICE 

OFFICE OF PUBLIC AFFAIRS 

WASHINGTON, D.C. 20427
Exhibit 10.5
​
TERAWULF INC.
​
May 16, 2022
​
Kenneth Deane
deane@terawulf.com
​
​
		Re: 
	Amendment of Employment Agreement


​
​
Dear Kenneth:
​
This letter agreement (the “Amendment”) amends your employment letter agreement, dated November 4, 2021, with TeraWulf Inc. (the “Employment Agreement”), effective as of the date hereof, as follows:
​
The first sentence of the section entitled “Position, Authority, Duties and Responsibilities” is deleted and hereby replaced in its entirety as follows:
​
“During the Term, you will be employed in the position of Chief Accounting Officer and Treasurer of the Company and will have such authority, duties and responsibilities as are customary for such positions.”
​
You acknowledge and agree that you hereby voluntarily resign from, and relinquish all duties and obligations in connection with, any and all positions you hold as the Chief Financial Officer of the Company, effective as of the date hereof; provided, however, that you shall retain your position as Treasurer of the Company.  In connection with such resignation, you further acknowledge and agree that you consent to the change in your position from Chief Financial Officer to Chief Accounting Officer and therefore Good Reason under your Employment Agreement shall not apply in connection with such change.
​
Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Employment Agreement.  Except as specifically modified by this Amendment, this Amendment shall not constitute a waiver, amendment or modification of any term or condition of the Employment Agreement and the provisions of the Employment Agreement shall remain in full force and effect.  On and after the date hereof, each reference in the Employment Agreement to “this Agreement,” “herein,” “hereof,” “hereunder,” or words of similar import shall mean and be a reference to the Employment Agreement as amended by this Amendment.
This Amendment shall be governed by and construed in accordance with the laws of the State of Delaware without regard to the conflict of laws principles hereof.  This Amendment may be executed and transmitted by PDF or other form of electronic transmission, and any signature on a PDF or other form of electronic transmission shall be considered an original for all purposes and shall be fully enforceable.  This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
​
[Signature Page Follows]
​
​



	​


	​


	​





​
	​


	​


	​



	​
	Sincerely,

	​
	​

	​
	TERAWULF INC.

	​
	​

	​
	​

	​
	By:
	/s/ Paul B. Prager

	​
	Name: Paul B. Prager

	​
	Title:   Chief Executive Officer



​
​
​
Accepted and Agreed:
​
	​


	​



	/s/ Kenneth J. Deane
	​

	Kenneth J. Deane
	​



​
​
​
[Signature Page to Deane Employment Agreement Amendment]
<PAGE>

        EXHIBIT 12 -- COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
             (COMBINED WITH 50%-OWNED UNCONSOLIDATED SUBSIDIARIES)

<Table>
<Caption>
                                                                2002     2001
         THREE MONTHS ENDED MARCH 31 (In millions)              -----    -----
<S>                                                             <C>      <C>
Income from continuing operations...........................    $  42    $  29
Add Interest................................................       23        9
  Portion of rentals representative of interest factor......        3        4
  Income tax expense and other taxes on income..............       28       21
                                                                -----    -----
  Earnings as defined.......................................    $  96    $  83
                                                                =====    =====
Interest....................................................    $  23    $  29
Interest capitalized........................................        1        1
Portion of rentals representative of interest factor........        3        4
                                                                -----    -----
  Fixed charges as defined..................................    $  27    $  34
                                                                =====    =====
Ratio of earnings to fixed charges..........................     3.56     2.44
                                                                =====    =====
</Table>
October 9, 2012



### JUDGMENT 

## The Fourteenth Court of Appeals

CHRISTOPHER LEE STAN LEY , Appellant
NO. 14

- 11

- 00679

- CR V.
THE STATE OF TEXAS , Appellee

________________________________ This cause was heard on the transcript of the record of the court below. Having considered the record, this Court holds that there was no error in the judgment. The Court orders the judgment AFFIRMED

.

We further order this decision certified below for observance.
**Exhibit 99**

 

March 22, 2002

 

Securities and Exchange Commission

450 Fifth Street, N.W.

Washington, D.C.  20549

 

Dear Sirs:

 

We have received a letter dated March 21,2002 from our auditors, Arthur Andersen LLP (“AA”), containing certainrepresentations concerning AA’s ability to comply with professional standardsincluding their quality control system for the U.S. accounting auditingpractice, appropriate continuity of AA personnel working on the audit andavailability of national office consultation.

 
| /s/ SHERMAN MCKINNISS   |   |
|-------------------------|--------|
| Sherman McKinniss       |
| Chairman of the Board   |
|                    |
| /s/ ROBERT E. GAWLIK    |   |
| Robert E. Gawlik        |
| President/CEO           |
|                    |   |
| /s/ DOUGLAS W. RUSSELL  |   |
| Douglas W. Russell      |
| Chief Financial Officer |

 

----
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM STATEMENTS
FOR THE QUARTER ENDED DECEMBER 31, 1996 AND IS QUALIFIED IN ITS ENTIRETY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-START>                             OCT-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           2,545
<SECURITIES>                                         0
<RECEIVABLES>                                      613
<ALLOWANCES>                                       293
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 2,942
<PP&E>                                             339
<DEPRECIATION>                                      92
<TOTAL-ASSETS>                                   3,228
<CURRENT-LIABILITIES>                            1,466
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          4
<COMMON>                                            17
<OTHER-SE>                                       1,738
<TOTAL-LIABILITY-AND-EQUITY>                     3,228
<SALES>                                              0
<TOTAL-REVENUES>                                   325
<CGS>                                                0
<TOTAL-COSTS>                                      238
<OTHER-EXPENSES>                                 1,043
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  (956)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              (956)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (956)
<EPS-PRIMARY>                                    (.06)
<EPS-DILUTED>                                        0
        

</TABLE>
EXHIBIT 99.1

                            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 FIND/SVP,  Inc. (the "Company") on Form
10-K for the period  ended  December 31, 2002 as filed with the  Securities  and
Exchange  Commission on the date hereof (the  "Report"),  I, David Walke,  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:

(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/ DAVID WALKE
David Walke
Chief Executive Officer
April 11, 2003

A signed  original of this  written  statement  required by Section 906 has been
provided  to  FIND/SVP,  Inc.  and  will be  retained  by and  furnished  to the
Securities and Exchange Commission or its staff upon request.


                            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 FIND/SVP,  Inc. (the "Company") on Form
10-K for the period  ended  December 31, 2002 as filed with the  Securities  and
Exchange  Commission on the date hereof (the  "Report"),  I, Peter Stone,  Chief
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:

(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/ PETER M. STONE
Peter M. Stone
Chief Financial Officer
April 11, 2003

A signed  original of this  written  statement  required by Section 906 has been
provided  to  FIND/SVP,  Inc.  and  will be  retained  by and  furnished  to the
Securities and Exchange Commission or its staff upon request.
FORM FOR COLLEGES AND UNIVERSITIES TO REQUEST COLLABORATION 

WITH FMCS

Name of Academic Institution

Requesting Individual 

Last Name First Name Title

Street Address

Number Street City State

E-mail of Requesting Individual

Nature of Requested Collaboration

Links That Would Be Helpful for FMCS to Understand the Nature of This Request
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND> Art. 5 FDS for 10Q
</LEGEND>
<CIK> 0000825410
<NAME> LANDAUER, INC.
<MULTIPLIER> 1,000

<S>                                 <C>
<PERIOD-TYPE>                       3-MOS
<FISCAL-YEAR-END>                           SEP-30-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                            4,769
<SECURITIES>                                        341
<RECEIVABLES>                                    10,712
<ALLOWANCES>                                        308
<INVENTORY>                                       1,309
<CURRENT-ASSETS>                                 17,987
<PP&E>                                           29,149
<DEPRECIATION>                                   14,286
<TOTAL-ASSETS>                                   43,758
<CURRENT-LIABILITIES>                            17,593
<BONDS>                                               0
<COMMON>                                            866
<PREFERRED-MANDATORY>                                 0
<PREFERRED>                                           0
<OTHER-SE>                                       25,218
<TOTAL-LIABILITY-AND-EQUITY>                     43,758
<SALES>                                          11,327
<TOTAL-REVENUES>                                 11,327
<CGS>                                             4,107
<TOTAL-COSTS>                                     4,107
<OTHER-EXPENSES>                                      0
<LOSS-PROVISION>                                      0
<INTEREST-EXPENSE>                                    0
<INCOME-PRETAX>                                   4,395
<INCOME-TAX>                                      1,605
<INCOME-CONTINUING>                               2,763
<DISCONTINUED>                                        0
<EXTRAORDINARY>                                       0
<CHANGES>                                             0
<NET-INCOME>                                      2,763
<EPS-BASIC>                                      0.32
<EPS-DILUTED>                                      0.32


</TABLE>
<PAGE>
 
                                                                      EXHIBIT 21
                                                                                
                          SUBSIDIARIES OF ADVO, INC.
                           AS OF SEPTEMBER 27, 1997

<TABLE>
<CAPTION>
                                                                PERCENT OF VOTING                
  STATE OF                                                      SECURITIES OWNED AS              
INCORPORATION    NAME OF SUBSIDIARY                             OF SEPTEMBER 27, 1997            
-------------    -------------------                            ---------------------            
<S>              <C>                                               <C>                           
   Delaware      Trans-ADVO, Inc.                                       100                      
   Delaware      ADVO Investment Company, Inc.                          100                      
   Delaware      ADVO Creative Services, Inc.                           100                      
   Delaware      Value Fair, Inc.                                       100                      
   Delaware      MBV, Inc.                                              100                      
   Delaware      Stighen, Inc. (formerly Marketing Force, Inc.)         100(1)                  
</TABLE>

(1) Owned by ADVO Investment Company, Inc.
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
STATEMENTS  FOR THE THREE MONTHS ENDED  DECEMBER 31, 2000 AND AS OF DECEMBER 31,
2000 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK>                    0001090448
<NAME> MENDOCINO PARTNERS, INC.
<MULTIPLIER>                    1
<CURRENCY>                      US dollars

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              Jun-30-2001
<PERIOD-START>                                 Jul-01-2000
<PERIOD-END>                                   Dec-31-2000
<EXCHANGE-RATE>                                1
<CASH>                                         0
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               0
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 0
<CURRENT-LIABILITIES>                          2,008
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       1,015
<OTHER-SE>                                     (3,023)
<TOTAL-LIABILITY-AND-EQUITY>                   0
<SALES>                                        0
<TOTAL-REVENUES>                               0
<CGS>                                          0
<TOTAL-COSTS>                                  0
<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>                                   0
<EPS-BASIC>                                  .00
<EPS-DILUTED>                                  .00




</TABLE>
#### SYFERT *et al.*v. MURPHY *et al*

No. 6587.

Opinion Filed November 10, 1914.

Rehearing Denied December 22, 1914.

(144 Pac. 1022.)

APPEAL AND ERRO.R — Necessary Parties — Dtsmissal. All persons who were parties to the proceeding in the trial court, and whose interests will be affected by the reversal of a judgment on ap-. peal, must be brought in and made parties in the appellate court, or the proceeding will be dismissed.

(Syllabus by the Court.)

*Error from District Court, Osage -County; R. H. Hudson, Judge.*

*138Action by Frank J. Murphy and others against W. W. Syfert and others. Judgment for plaintiffs, and defendants bring error.

Dismissed.

*Martin & Moss,*for plaintiffs in error.

*Grinstead & Scott,*for defendants in error.

LOOFBOURROW, J.

In December, 1909, Frank J. Murphy and others, the owners, entered into a written contract by the terms of which they were to and did convey 240 acres of land in Osage county, Okla., to defendant James E. Hopkins; under this conveyance Hopkins was to plat said lands as a town site and sell the same and pay Murphy and others half of the selling price; the contract was to continue for three years unless forfeited for nonfulfillment of condition. Before this contract was fully carried out Hopkins mortgaged a portion of said property to plaintiff in error White, to secure individual indebtedness of Hopkins; plaintiff in error Syfert brought a suit in the district court against Hopkins and attached a number of the lots in said town site; thereupon Frank J. Murphy and others instituted a suit against Hopkins for a rescission of the contract and against White and Syfert, respectively, for judgment that the mortgage and attachment were not liens on the property in question, because of its trust character. The trial court found in favor of Murphy and others and against both White and Syfert, and also rendered judgment against Hopkins for $1,425; from this judgment plaintiffs in error, Syfert and White appeal, and the defendants in error, Frank J. Murphy' and others, have moved to dismiss the same for the reason that James E. Hopkins is a necessary party to this proceeding, and that no summons in error has been served upon him, nor issuance or service thereof waived. To every phase of the controversy Hopkins was a party; he secured the contract from Murphy and others; he was White’s mortgagor and ■ Syfert’s judgment debtor, and in the trial of the cause became the judgment debtor of Murphy and others. Hopkins is a necessary party, and the motion to dismiss the appeal *139must be sustained. See *County Commissioners v. Harvey et al., 5*Okla. 468, 49 Pac. 1006; *Outcalt v. Collier,*8 Okla. 473, 58 Pac. 642; *Boynton Investment Co. v. Runyan,*36 Okla. 335, 128 Pac. 1094; *Weisbender v. School District,*24 Okla. 173, 103 Pac. 639; *John v. Paulin,*24 Okla. 636, 104 Pac. 365; *Seibert v. First Nat’l. Bank,*25 Okla. 778, 108 Pac. 628.

The appeal is dismissed.

All the Justices concur.
#### Christopher JOHNSON, Petitioner, v. DEPARTMENT OF VETERANS AFFAIRS, Respondent.

No. 2010-3164.

United States Court of Appeals, Federal Circuit.

Dec. 8, 2010.

Before LOURIE, MAYER, and DYK, Circuit Judges.

ORDER

PER CURIAM.

Christopher Johnson responds to the court’s order directing him to indicate when he received the final decision of the Merit Systems Protection Board.

Johnson filed an appeal with the Board challenging his termination as a pharmacy technician. On February 3, 2009 the administrative judge dismissed the case for lack of jurisdiction, finding that Johnson had served in an excepted position for less than two years and was not preference eligible. Johnson petitioned the Board for review. The Board denied his petition for review on June 8, 2009. The Board’s certified index reflects that the final decision that was mailed to Johnson was returned as undeliverable on July 27, 2009. This court received Johnson’s petition for review on July 19, 2010, nearly one year after the Board’s decision. We directed the Johnson indicate when he received notice of the Board’s decision so that this *481court could determine whether his petition was timely filed.

A petition for review of a Board decision must be filed within 60 days of when the petitioner received notice of the decision. *See*5 U.S.C. § 7703(b)(1). In his response to the court’s order, Johnson does not indicate when he received notice of the Board’s decision. “A party seeking the exercise of jurisdiction in its favor has the burden of establishing that such jurisdiction exists.” *Rocovich v. United States,*933 F.2d 991, 993 (Fed.Cir.1991). In this case, Johnson has not demonstrated that his petition is timely and thus has not shown that the court has jurisdiction. Thus, the petition is dismissed.

Accordingly,

It Is Ordered That:

The petition for review is dismissed.