alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

, Justices

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.

_________________________________________ Clerk April 29, 2013

h0422 

# Order

April 29, 2013

146245

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 146245

COA: 304521

Allegan CC: 09

- 016475

- FC

FREDERICK JOSEPH HARRIS, JR.,

Defendant

- Appellant.

____________________________________/

On order of the Court, the application for leave to appeal the October 23, 2012

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.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          12,902
<SECURITIES>                                         0
<RECEIVABLES>                                    6,804
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               1,115,531
<CURRENT-LIABILITIES>                                0
<BONDS>                                        626,097
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           241
<OTHER-SE>                                     350,993
<TOTAL-LIABILITY-AND-EQUITY>                 1,115,531
<SALES>                                              0
<TOTAL-REVENUES>                               162,463
<CGS>                                                0
<TOTAL-COSTS>                                   81,004
<OTHER-EXPENSES>                                13,259
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              48,894
<INCOME-PRETAX>                                (4,291)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (4,291)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                (3,293)
<CHANGES>                                            0
<NET-INCOME>                                   (7,584)
<EPS-PRIMARY>                                    (.32)
<EPS-DILUTED>                                    (.32)


</TABLE>
Exhibit 4. (E)


      AMENDMENT TO AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF
                RESOURCES ACCRUED MORTGAGE INVESTORS 2 L.P.

     Amendment (this "Amendment") dated as of January 1, 2002, to the Amended
and Restated Agreement of Limited Partnership of Resources Accrued Mortgage
Investors 2 L.P. (the "Partnership") dated as of August 14, 1986, as amended as
of March 5, 1987 and amended and restated as of May 1, 1987 and as of March 21,
1988, as amended as of January 1, 2002 (the "Partnership Agreement").

     WHEREAS, Western Real Estate Investments, LLC ("Western") has fully
complied with all requirements set forth under Sections 12 and 13 of the
Partnership Agreement for the substitution of Western for each of Presidio
Capital Investment Company LLC, Presidio Partnership II Corp. and Bighorn
Associates LLC (collectively, the "Former LPs") as a Limited Partner (as
defined in the Partnership Agreement) of the Partnership, with the exception of
the payment of a transfer fee which has been waived by the Managing General
Partner of the Partnership.

     WHEREAS, in its capacity as the Managing General Partner of the
Partnership, Maxum desires to amend the Partnership Agreement to reflect the
admission of Western as the substitute Limited Partner in place of each of the
Former LPs.

     NOW, THEREFORE, in consideration of the mutual promises set forth below,
it is agreed that:

       1. Amendment.  The Partnership Agreement is hereby amended to admit
Western as a substituted Limited Partner of the Partnership in place of each of
the Former LPs.

       2. Confirmation.  The Partnership Agreement is deemed amended to the
extent necessary to give effect to the foregoing provisions and, as so amended,
is ratified, confirmed and approved in all respects.

       3. Execution and Counterparts.  The terms and conditions of the
Partnership Agreement not specifically amended hereby shall remain in full
force and effect.  This Amendment may be executed in any number of
counterparts, each and all of which shall be deemed for all purposes to be one
agreement.

     IN WITNESS WHEREOF, this Amendment has been duly executed as of the date
first written above.
                                    MAXUM LLC
                                    By:    /s/ Ben Farahi
                                           --------------
                                    Name:  Ben Farahi
                                    Title: Manager




                                    -32-
Exhibit 32.2



CERTIFICATION  PURSUANT TO THE SARBANES-OXLEY ACT

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002





I, Joseph C. Cahill, Director and CFO of PowerCold Corporation (the Company) do hereby 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.  This Quarterly Report on Form 10-Q of the Company for the period ended March 31, 2004 as filed with the Securities and Exchange Commission (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.





Date: May 14, 2004



/s/ Joseph C. Cahill

Joseph C. Cahill

Director and CFO

















































24
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## Breadcrumb

-  Home 
-                   McNary v. Alcoa World Alumina, LLC               

#   McNary v. Alcoa World Alumina, LLC 

McNary CENT 2015-279-DM Meeting Notice 6-5-19.pdf

McNary CENT 2015-279-DM Meeting Notice 6-5-19.htm

commission-meetingmcnary-v-alcoa-world-alumina-llc-docket-no-cent-2015-279-dm06-05-2019.mp3

##### Footer Links

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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 10(gg)

                                AMENDMENT TO
               LUCENT ARS LICENSE AGREEMENT (NO. ARS-LA 99102)
                    BETWEEN LUCENT TECHNOLOGIES INC. AND
                       FARMSTEAD TELEPHONE GROUP, INC.

      WHEREAS Avaya Inc. ("Lucent" or Licensor") and Farmstead Telephone
Group, Inc. ("ARS" or "Licensee") have entered into an ARS License
Agreement, effective as of October 1, 1998; and

      WHEREAS the parties wish to amend the ARS License Agreement so that
term is changed;

      NOW THEREFORE Licensor, and Licensee agree as follows:

1.    In Section 14.1 (Term) is deleted in its entirety and replaced with
the following:

            "14.1 TERM

            The term of this agreement will be starting October 1, 1998
      running through December 31, 2003."


This Amendment shall be effective as of February 2, 2001. It shall be
attached to and shall constitute a part of the ARS License Agreement with
Dealer as if fully set forth therein. In all other respects, the Agreement
shall remain unchanged.

Avaya Inc.                             Farmstead Telephone Group, Inc.

By ______________________________      By ____________________________

Name  James A. Albertini               Name  George J. Taylor, Jr.
      ---------------------------            -------------------------
Title General Manager                  Title Chairman and CEO
      ---------------------------            -------------------------
Date  2/19/01                          Date  2/12/01
      ---------------------------            -------------------------
exv10w9



 








Exhibit 10.9




Description of Salary and Bonus Arrangements for Certain Executive Officers




     Following is a description of the salary and bonus arrangements for each of the named
executive officers of webMethods, Inc. as of August 9, 2006:



	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	Target
	 	 	 	 	 	 	Bonus Amount as a
	 	 	 	 	 	 	Percentage of
	Name and Title	 	Base Salary	 	Annual Base Salary
	David
Mitchell

President and Chief Executive Officer
	 	$	450,000	 	 	 	100	%(1)
	Richard
Chiarello

Executive Vice President and Chief Operating Officer
	 	$	385,000	 	 	 	 	(2)
	Mark
Wabschall

Executive Vice President, Chief Financial Officer and Treasurer
	 	$	275,000	 	 	 	50	%(1)
	Douglas
McNitt

Executive Vice President, General Counsel and Secretary
	 	$	275,000	 	 	 	50	%(1)
	Kristin
Weller Muhlner

Executive Vice President, Product Development
	 	$	262,500	 	 	 	50	%(1)









 




			
	(1)	 	On July 6, 2006, the Compensation Committee of our Board of Directors approved the
webMethods’ Executive Incentive Plan (the “EIP”), pursuant to which fiscal year 2007 annual
bonus compensation for each of our executive officers, other than Mr. Chiarello, will be
determined. Under the EIP, two-thirds of the annual target bonus for each participant is
based on our achievement of established revenue and earnings per share goals and one-third of
the annual target bonus is based on the achievement of established individual performance
objectives. The individual performance objectives for the Chief Executive Officer are
determined by our Board of Directors, and the individual performance objectives for the other
executive officers are determined by the Chief Executive Officer in consultation with the
Compensation Committee. If we exceed our financial objectives, the actual annual bonus amount
may exceed the target bonus amount, subject to the decision of the Compensation Committee.
	 
	(2)	 	Under a separate arrangement approved by the Compensation Committee on June 15, 2006, fiscal
year 2007 bonus compensation for Mr. Chiarello is determined quarterly, based in part on a
percentage of our license revenue, total revenue and earnings per share and based in part on
our achievement of established license revenue, total revenue and earnings per share goals.
The target quarterly bonus amount for Mr. Chiarello in fiscal year 2007, assuming our
attainment of 100% of performance objectives, is $87,500. The actual quarterly bonus amount
may exceed the target quarterly bonus amount if we exceed one or more of the performance
objectives.
Exhibit (3) (m)




                          CERTIFICATE OF AMENDMENT
                                     OF
                        CERTIFICATE OF INCORPORATION
                                     OF
                              BCLP II GP, INC.,
                           A DELAWARE CORPORATION

      BCLP II GP, Inc. (the "Corporation"), a corporation organized and 
existing under the General Corporation Law of the State of Delaware (the 
"DGCL"), does hereby certify that:

      FIRST:  The Board of Directors of the Corporation, by unanimous 
written consent of its members, adopted a resolution setting forth and 
declaring a proposed amendment to the Certificate of Incorporation of the 
Corporation to be advisable and calling for consideration thereof by the 
stockholders of the Corporation.  The resolution setting forth the proposed 
amendment is as follows:

              NOW, THEREFORE, BE IT RESOLVED, that this Board hereby 
              proposes that Article I of the Corporation's Certificate of 
              Incorporation be amended (the "Corporation Name Amendment") to 
              change the name of the Corporation to "BCLP GP, Inc.," subject 
              to approval by the holders of a majority of the outstanding 
              stock of the Corporation entitled to vote thereon, so that it 
              shall read in its entirety:

                                  ARTICLE I

                             NAME OF CORPORATION

                      The name of this corporation is:

                                BCLP GP, Inc.

      SECOND:  The stockholders of the Corporation considered and voted 
unanimously in favor of the Corporation Name Amendment.

      THIRD:  The Corporation Name Amendment was duly adopted in accordance 
with the provisions of Sections 242 and 228 of the DGCL.

      FOURTH:  That this Certificate of Amendment shall be effective as of 
June 30, 1998 at 8:01 A.M. Eastern Standard Time.

      IN WITNESS WHEREOF, the undersigned has executed this Certificate of 
Amendment on this 29th day of June, 1998.

                                  BCLP II GP, INC.

                                  /s/    Richard G. Pond
                                  By:    Richard G. Pond
                                  Its:   Chief Financial Officer
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1605 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1605

 To repeal the Rural Electrification Act of 1936, require the sale of 
     all loans made under such Act, and authorize the Secretary of 
   Agriculture to make loans to electric generation and transmission 
cooperatives which are unable to obtain needed financing in the private 
                                sector.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 1, 1993

  Mr. Zimmer introduced the following bill; which was referred to the 
                        Committee on Agriculture

_______________________________________________________________________

                                 A BILL

 
 To repeal the Rural Electrification Act of 1936, require the sale of 
     all loans made under such Act, and authorize the Secretary of 
   Agriculture to make loans to electric generation and transmission 
cooperatives which are unable to obtain needed financing in the private 
                                sector.

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

SECTION 1. REPEAL OF RURAL ELECTRIFICATION ACT OF 1936.

    (a) Repeal.--The Rural Electrification Act of 1936 (7 U.S.C. 901-
950b) is hereby repealed.
    (b) No Effect on Existing Contracts.--The repeal made by subsection 
(a) shall not be construed to permit the violation of any contract 
entered into before the enactment of this Act.
    (c) References.--Any reference in any law to the Administrator of 
the Rural Electrification Administration is deemed to be a reference to 
the Secretary of Agriculture.

SEC. 2. SALE OF OUTSTANDING LOANS.

    Notwithstanding any other provision of law, not later than the end 
of the 3-year period that begins with the date of the enactment of this 
Act, the Secretary of Agriculture shall sell to private investors all 
interests of the United States in the loans made under the Rural 
Electrification Act of 1936 before the enactment of this Act that are 
outstanding at the time of the sale, for cash only, on the most 
favorable terms to the Federal Government that are then obtainable.

SEC. 3. LOANS FOR CERTAIN ELECTRIC GENERATION AND TRANSMISSION 
              COOPERATIVES.

    Section 306(a)(15) of the Consolidated Farm and Rural Development 
Act (7 U.S.C. 1926(a)(15)) is amended by adding at the end the 
following:
    ``(E) The Secretary may make loans, not to exceed $1,000,000 for 
any single loan, to any cooperative association for the supply and 
distribution of electric power if the Secretary determines that the 
association cannot obtain sufficient credit elsewhere from reliable 
sources at reasonable rates and terms for such purposes.''.

                                 <all>
```
#### Eugene Paul JONES, Plaintiff-Appellant, v. STAMPER, Correctional Officer, Defendant-Appellee.

No. 14-6043.

United States Court of Appeals, Fourth Circuit.

Submitted: April 17, 2014.

Decided: April 22, 2014.

Eugene Paul Jones, Appellant Pro Se. Maurice Scott Fisher, Jr., Harmon, Clay-tor, Corrigan & Wellman, Richmond, Virginia, for Appellee.

Before WILKINSON, KING, and DUNCAN, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Eugene Paul Jones appeals the district court’s orders denying relief on his 42 U.S.C. § 1983 (2006) complaint and denying his motion for examination by an outside physician. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *See Jones v. Stamper,*No. 1:12-cv-00352-AJT-IDD, 2013 WL 6448847 (E.D.Va. Mar. 25, 2013 & Dec. 9, 2013). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*AFFIRMED.*
EXHIBIT 11

                          NANOPIERCE TECHNOLOGIES, INC.
                        COMPUTATION OF NET LOSS PER SHARE
<TABLE>
<CAPTION>

                                     Three Months Ended           Six Months Ended
                                         December 31                 December 31
                                     ------------------          ------------------
                                     1999          1998          1999          1998
                                     ----          ----          ----          ----
<S>                            <C>            <C>           <C>           <C>

Net loss                       $(  851,198)   (  299,622)   (1,102,559)   (  851,095)

Dividends on Series A and B
  preferred stock                      -      (   45,313)          -      (   90,626)
                                 ---------     ---------     ---------     ---------

Net loss applicable to common
  shareholders                 $(   84,198)   (  344,935)   (1,102,559)   (  941,721)
                                 =========     =========     =========     =========

Weighted average number of
  common shares outstanding     31,518,037    12,901,297    30,949,261    12,776,637

Common equivalent shares
  representing shares issuable
  upon exercise of outstanding
  options and warrants                 -             -             -             -
                                ----------    ----------    ----------    ----------

                                31,518,037    12,901,297    30,949,261    12,776,637
                                ==========    ==========    ==========    ==========

Basic and diluted loss per
  share applicable to common
  shareholders                 $(      .03)   (      .03)   (      .04)   (      .07)
                                 =========     =========     =========     =========

Stock options and warrants are not considered in the calculations as the impact
of the potential common shares (16,737,500 shares at December 31, 1999 and
15,924,687 shares at December 31, 1998) would be to decrease net loss per share.

</TABLE>












                                          121

<PAGE>
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack

, Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, 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.

September 20, 2019

t0918 

# Order

Clerk September 20, 2019

159390

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 159390

COA: 343929

Jackson CC: 17

- 005539

- FH

CASEY LAVERN OLNEY,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the March 14, 2019

judgment of the Court of Appeals is considered. We DIRECT the Jackson County

Prosecuting Attorney to file a supplemental answer to the application for leave to appeal,

within 28 days after the date of this order, addressing the defendant’s argument that MCL

768.27c does not apply to preliminary examinations.

The application for leave to appeal remains pending.