alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
2013-1730.

#### Dodd v. Croskey.

Harrison App. No. 12 HA 6, 2013-Ohio-4257. This cause is pending before the court as an appeal from the Court of Appeals for Harrison County.

*1488Upon consideration of appellants’ motion to strike briefs, it is ordered by the court that the motion is denied.

O’Donnell and Kennedy, JJ., concur in part and dissent in part.

Lanzinger, J., not participating.

O’Donnell, J.,

concurring in part and dissenting in part.

In accord with *State v. Emerson,*129 Ohio St.3d 1464, 2011-Ohio-4449, 952 N.E.2d 1150, *State v. LaPrairie,*129 Ohio St.3d 1420, 2011-Ohio-3607, 950 N.E.2d 973, and *Cleveland Metro. Bar Assn. v. Berk,*129 Ohio St.3d 1435, 2011-Ohio-4001, 951 N.E.2d 789, I would grant the motion to strike as to John Croskey’s brief because of its failure to comply with mechanical requirements, and I would order that he file a conforming brief within ten days of the entry. I would deny the motion to strike as to the brief of Harriet Evans.

Kennedy, J., concurs in the foregoing opinion.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from the
Company's financial  statements for the three months ended March 31, 1999
and is qualified in its entirety by reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>               DEC-31-1999
<PERIOD-START>                  JAN-01-1999
<PERIOD-END>                    MAR-31-1999
<CASH>                           102
<SECURITIES>                       0
<RECEIVABLES>                      65
<ALLOWANCES>                       15
<INVENTORY>                        0
<CURRENT-ASSETS>                  166
<PP&E>                            132
<DEPRECIATION>                     20
<TOTAL-ASSETS>                    3,232
<CURRENT-LIABILITIES>               603
<BONDS>                            0
<PREFERRED-MANDATORY>              0
<PREFERRED>                        0
<COMMON>                           0
<OTHER-SE>                         2,547
<TOTAL-LIABILITY-AND-EQUITY>       3,232
<SALES>                               80
<TOTAL-REVENUES>                      80
<CGS>                                 31
<TOTAL-COSTS>                         0
<OTHER-EXPENSES>                    1,000
<LOSS-PROVISION>                      0
<INTEREST-EXPENSE>                    (1)
<INCOME-PRETAX>                       (950)
<INCOME-TAX>                          0
<INCOME-CONTINUING>                   (950)
<DISCONTINUED>                        0
<EXTRAORDINARY>                       0
<CHANGES>                             0
<NET-INCOME>                          (950)
<EPS-BASIC>                       (.13)
<EPS-DILUTED>                       (.13)




</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 08-8295

BERNARD RAY RICHARDSON, 

 Petitioner - Appellant, 

 v. 

GENE M. JOHNSON, Director of Department of Corrections, 

 Respondent - Appellee. 

Appeal from the United States District Court for the Western 

District of Virginia, at Roanoke. James C. Turk, Senior 

District Judge. (7:08-cv-00336-jct-mfu) 

Submitted: April 23, 2009 Decided: May 1, 2009 

Before MICHAEL, GREGORY, and DUNCAN, Circuit Judges. 

Dismissed by unpublished per curiam opinion. 

Bernard Ray Richardson, Appellant Pro Se. Donald Eldridge 

Jeffrey, III, Assistant Attorney General, Richmond, Virginia, 

for Appellee.

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

Bernard Ray Richardson seeks to appeal the district 

court’s orders denying relief on his 28 U.S.C. § 2254 (2006) 

petition, and denying his motion to reconsider. The orders are 

not appealable unless a circuit justice or judge issues a 

certificate of appealability. See 28 U.S.C. § 2253(c)(1) 

(2006). A certificate of appealability will not issue absent “a 

substantial showing of the denial of a constitutional right.” 

28 U.S.C. § 2253(c)(2) (2006). A prisoner satisfies this 

standard by demonstrating that reasonable jurists would find 

that any assessment of the constitutional claims by the district 

court is debatable or wrong and that any dispositive procedural 

ruling by the district court is likewise debatable. See MillerEl v. Cockrell, 537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 

529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th 

Cir. 2001). We have independently reviewed the record and 

conclude that Richardson has not made the requisite showing. 

Accordingly, we deny a certificate of appealability and dismiss 

the appeal. 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
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-START>                                 JAN-01-1997
<PERIOD-END>                                   MAR-31-1997
<CASH>                                         152,022
<SECURITIES>                                   0
<RECEIVABLES>                                  51,786
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               223,930
<PP&E>                                         16,434,339
<DEPRECIATION>                                 4,413,236
<TOTAL-ASSETS>                                 12,950,743
<CURRENT-LIABILITIES>                          360,341
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     0
<TOTAL-LIABILITY-AND-EQUITY>                   12,950,743
<SALES>                                        0
<TOTAL-REVENUES>                               368,704
<CGS>                                          0
<TOTAL-COSTS>                                  472,928
<OTHER-EXPENSES>                               14,274
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             74,474
<INCOME-PRETAX>                                (118,498)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (118,498)
<EPS-PRIMARY>                                  0
<EPS-DILUTED>                                  0
        

</TABLE>
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

601 NEW JERSEY AVENUE, NW
 

SUITE 9500
 

WASHINGTON, DC 20001
 

March 18, 2010 

TIME AND DATE: 10:00 a.m., Wednesday, April 7, 2010 

PLACE:	 The Richard V. Backley Hearing Room, 9th Floor, 601 New Jersey 

Avenue, N.W., Washington, D.C. 

STATUS: Open 

MATTERS TO BE 

CONSIDERED:	 The Commission will consider and act upon the following in open 

session: Secretary of Labor v. Eastern Associated Coal Corporation, 

Docket No. WEVA 2007-335. (Issues include whether certain 

violations of roof control requirements constituted an “unwarrantable 

failure to comply.”) 

Any person attending this meeting who requires special accessibility 

features and/or auxiliary aids, such as sign language interpreters, 

must inform the Commission in advance of those needs. Subject to 

29 C.F.R. § 2706.150(a)(3) and § 2706.160(d). 

CONTACT PERSON 

FOR MORE INFO: Jean Ellen (202) 434-9950 / (202) 708-9300 for TDD Relay / 

1-800-877-8339 for toll free.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS FINANCIAL DATA SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE COMPANY'S CONSOLIDATED BALANCE SHEETS AS OF DECEMBER 31, 1999 AND THE
STATEMENT OF OPERATIONS FOR THE THREE MONTHS ENDED DECEMBER 31, 1999 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-START>                             OCT-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                       7,042,377
<SECURITIES>                                         0
<RECEIVABLES>                                1,574,165
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            11,201,586
<PP&E>                                      14,555,967
<DEPRECIATION>                               1,675,469
<TOTAL-ASSETS>                              58,507,401
<CURRENT-LIABILITIES>                        9,814,929
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           953
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                58,507,401
<SALES>                                     13,986,119
<TOTAL-REVENUES>                            13,986,119
<CGS>                                       13,030,262
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             7,449,099
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              78,831
<INCOME-PRETAX>                            (6,597,294)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (6,597,294)
<EPS-BASIC>                                     (0.17)
<EPS-DILUTED>                                   (0.17)


</TABLE>
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

1331 PENNSYLVANIA AVENUE, NW

SUITE 520N

WASHINGTON, DC 20004

April __, 2013

TIME AND DATE: 10:00 a.m., Thursday, April 25, 2013

PLACE: The Richard V. Backley Hearing Room, Room 511N, 1331 

Pennsylvania Avenue, NW, Washington, DC 20004 (entry from 

F Street entrance)

STATUS: Open 

MATTERS TO BE 

CONSIDERED: The Commission will consider and act upon the following 

in open session: Mach Mining, LLC v. Secretary of Labor, Docket 

No. LAKE 2009-324. (Issues include whether the Administrative 

Law Judge erred in concluding that the partial blocking of an 

escapeway did not constitute an “unwarrantable failure to 

comply.”)

Any person attending this meeting who requires special 

accessibility features and/or auxiliary aids, such as sign language 

interpreters, must inform the Commission in advance of those 

needs. Subject to 29 C.F.R. § 2706.150(a)(3) and § 2706.160(d).

CONTACT PERSON 

FOR MORE INFO: Jean Ellen (202) 434-9950 / (202) 708-9300 for TDD Relay / 

1-800-877-8339 for toll free.
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#   Secretary of Labor v. KenAmerican Resources,Inc.

KenAmerican KENT 2013-211 Meeting Notice 10-18-19.pdf

KenAmerican KENT 2013-211 Meeting Notice 10-18-19.htm

commission-open-meetingkenamerican-resources-inc-docket-no-kent-2013-021110-18-2019.mp3

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### The Federal Mine Safety and Health Review Commission

#### 1331 Pennsylvania Avenue, NW,Suite 520NWashington, DC 20004-1710Phone: (202)434-9900TTY/TDD (202)434-4000 ext. 293E-mail: fmshrc@fmshrc.gov
**Exhibit 32.1**

 

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 Lithium Technology Corporation (the “Company”) on Form 10-KSB for the period ending December 31, 2004 as filed with the Securities and Exchange Commission on the datehereof (the “Report”), I, Franz J. Kruger, Chief Executive Officer of the Company, certify pursuant to 18 U.S.C. §1350, as adopted pursuant to §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) ofthe Securities Exchange Act of 1934; and 

 

2) The informationcontained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. 

 

Dated: May 11, 2005
----

**Exhibit      32.1**

**CERTIFICATION      OF CHIEF EXECUTIVE OFFICER AND **

**CHIEF      FINANCIAL OFFICER**

|   | 2. | The                information contained in the Report fairly presents, in all material                respects, the financial condition and results of operation of the                Company. |
|--------|----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| /s/                L. Paul Latham                                         |
|---------------------------------------------------------------------------|
| L.                Paul Latham                                             |
| President                and Chief Executive Officer                      |
| of                Southwest Royalties, Inc., the                          |
| Managing                General Partner of                                |
| Southwest                Royalties Institutional Income Fund VIII-B, L.P. |
|                                                                      |
| May                14, 2007                                               |
|                                                                      |
|                                                                      |
| /s/                Mel G. Riggs                                           |
| Mel                G. Riggs                                               |
| Vice                President and Chief Financial Officer of              |
| Southwest                Royalties, Inc., the                             |
| Managing                General Partner of                                |
| Southwest                Royalties Institutional Income Fund VIII-B, L.P. |
|                                                                      |
| May                14,                2007                                |
*Order Entered June 14, 2012:*

#### Stand Up For Democracy v Secretary of State,

Docket No. 310047.

Reported at 297 Mich App 45.

The Court orders that a special panel shall not be convened pursuant to MCR 7.215(J) to resolve the conflict between this case and *Bloomfield Charter Twp v Oakland Co Clerk,*253 Mich App 1; 654 NW2d 610 (2002).
--
<PAGE>
                                                                  EXHIBIT 23.01

              CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS


We consent to the incorporation by reference in the Registration Statements
(Form S-8 Nos. 33-37376, 33-43116, 33-47525, 33-71636, 33-77238, 33-83824, 33-
59571, 333-17881 and 333-04765) pertaining to the 1986 Stock Option Plan, the
1988 SuperMac Technology, Inc. Stock Option Plan, the Directors' Stock Option
Plan, the 1990 Employee Stock Purchase Plan, Non-Plan Stock Options and the
1995 Stock Option Plan, as amended, of Radius Inc. of our report dated November
4, 1997 with respect to the consolidated financial statements and schedule of
Radius Inc. included in this Annual Report (Form 10-K) for the year ended
September 30, 1997.


                                             /s/  ERNST & YOUNG LLP

San Jose, California
January 9, 1998
**Exhibit 23.1**

 

**Consent of Burr, Pilger & Mayer LLP, Independent Auditors**

 

We consent to the incorporation by reference in the Registration Statements on Forms S-8 (No.33-75268 pertaining to the 1994 Stock Option Plan and 1994 Stock Purchase Plan, No. 33-80662 pertaining to the 1994 Stock Option Plan, No. 33-93394 pertaining to the 1994 Employee Stock Purchase Plan, No. 333-29801 pertaining to the 1994 StockOption Plan, No. 333-60057 pertaining to the 1994 Stock Option Plan, No. 333-79789 pertaining to the 1994 Stock Option Plan, No. 333-43504 pertaining to the 1994 Stock Option Plan and 1994 Stock Purchase Plan and No. 333-72098 pertaining to the 1994Stock Option Plan) and the Registration Statements on Forms S-3 (No. 333-38266 and No. 333-54912) of InSite Vision Incorporated of our report dated March 12, 2004, with respect to the consolidated financial statements of InSite Vision Incorporatedincluded in this Annual Report (Form 10-K) for the year ended December 31, 2003. 

 

/s/ Burr, Pilger & Mayer LLP 

 

Palo Alto, California 

March 29, 2004
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          SEP-30-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                             600
<SECURITIES>                                         0
<RECEIVABLES>                                     4258
<ALLOWANCES>                                    (3894)
<INVENTORY>                                        803
<CURRENT-ASSETS>                                  6423
<PP&E>                                            7336
<DEPRECIATION>                                  (7203)
<TOTAL-ASSETS>                                    6556
<CURRENT-LIABILITIES>                            11639
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        169102
<OTHER-SE>                                    (174185)
<TOTAL-LIABILITY-AND-EQUITY>                      6556
<SALES>                                          15668
<TOTAL-REVENUES>                                 15668
<CGS>                                             9921
<TOTAL-COSTS>                                     9921
<OTHER-EXPENSES>                                  9908
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 459
<INCOME-PRETAX>                                   7733
<INCOME-TAX>                                    (1000)
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      8733
<EPS-PRIMARY>                                     1.58
<EPS-DILUTED>                                     1.57
        

</TABLE>
##### 



Exhibit 32.1

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 Quarterly Report of Zila, Inc. (the Company) for
the period ended October 31, 2003 as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, Douglas D. Burkett, Chief
Executive Officer of Zila, Inc., (the Company), hereby certify pursuant to 18
U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002,
that to the best of my knowledge 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/ Douglas D. Burkett, Ph.D.Douglas D. Burkett, Ph.D.
Chief Executive Officer
December 15, 2003

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 within the electronic version of this
written statement required by Section 906, has been provided to Zila, Inc. and
will be retained by Zila, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.
EXHIBIT  21.  SUBSIDIARIES

<TABLE>
<CAPTION>

                                                          Percent    State or other jurisdiction of
                         Name                             Owned      Incorporation or organization
------------------------------------------------------    -------    ------------------------------


                                                       <c>        <c>
InfiNet Systems, LLC *                                     50.1%     Delaware

Beijing Antai Communication Equipment Company, LTD. **     50%       Peoples Republic of China

FTG Venture Corporation ***                               100%       Delaware

<FN>
--------------------
*     100% owned effective January, 2002.
**    inactive; investment and balances written off in 1997.
***   inactive.
</FN>
</TABLE>


<PAGE>