alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Jean Marie HOWELL, Plaintiff-Appellee, v. Christopher David BOYLE and City of Beaverton, Defendants-Appellants. Jean Marie Howell, Plaintiff-Appellant, v. Christopher David Boyle and City of Beaverton, Defendants-Appellees.

Nos. 09-36153, 10-35038.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Oct. 6, 2010.

Filed Jan. 14, 2011.

Michael H. Bloom, Michael H. Bloom, PC, Lake Oswego, OR, for Plaintiff-Appellee.

*122Janet M. Sehroer, Hoffman, Hart & Wagner, LLP, Portland, OR, Gerald L. Warren, Law Office of Gerald Warren, Salem, OR, for Defendants-Appellants.

Before: PAEZ and CLIFTON, Circuit Judges, and BURNS,* District Judge.

*

 The Honorable Larry A. Burns, United States District Judge for the Southern District of California, sitting by designation.

MEMORANDUM **

In No. 09-36153, Appellants Boyle and the City of Beaverton argue that the district court erred when it ruled that the statutory damages cap in the Oregon Tort Claims Act, Or.Rev.Stat. section 30.270(1) (2007), *repealed by*Or. Laws 2009, c. 67, § 20, was unconstitutional as applied to this case and awarded Howell damages in excess of half a million dollars. In No. 10-35038, Howell cross-appealed and argues that the district court ei’roneously interpreted Or.Rev.Stat. section 801.220 when it approved jury instructions stating that an unmarked crosswalk extended diagonally across a highway and admitted a trial exhibit so depicting the location of the crosswalk. We have jurisdiction under 28 U.S.C. § 1291, and we affirm in No. 10-25038. In a separate order filed concurrently with this memorandum, we certified to the Oregon Supreme Court several state constitutional questions, and we withdrew that appeal from submission pending certification.

Section 801.220 states that an unmarked crosswalk extends across a roadway along “[t]he prolongation of the lateral lines of the sidewalk” to the sidewalk on the opposite side of the street. The district court ruled that the unmarked crosswalk in this case extended across the highway at the same angle that the intersecting sidewalk approached the highway. We interpret the statute as would the Oregon Supreme Court. *Planned Parenthood of Id., Inc. v. Wasden,*376 F.3d 908, 930 (9th Cir.2004). We conclude that the district court’s ruling was consistent with the unambiguous text of section 801.220, which locates the unmarked crosswalk in the area bounded by lines extending from the lateral lines of the intersecting sidewalk. *See State v. Gaines,*346 Or. 160, 206 P.3d 1042, 1050-51 (2009) (adopting a three step process for statutory interpretation beginning with an examination of the text and context of the statute). The district court did not err in its interpretation of section 801.220.

AFFIRMED.

No petition for rehearing shall be filed and the mandate shall not issue until the court files a disposition in No. 09-36153.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
[No. 58545-2-I.

Division One.

October 1, 2007.]

#### Pan Abode Homes, *Inc., Appellant,*v. Tahraoui Abdulfhafid, *Respondent.*

Appeal from a judgment of the Superior Court for King County, No. 05-2-33408-8, William L. Downing, J., entered July 14, 2006. *Affirmed*by unpublished per curiam opinion.
**EXHIBIT 32.2**

 

### **CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350AS REQUIRED BYSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

# ** **

In connection with the Annual Report on Form 10-Kof Steinway Musical Instruments, Inc. (the “Company”) for the fiscal yearended December 31, 2007 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Dennis M. Hanson, SeniorExecutive Vice President and Chief Financial Officer of the Company, certifythat to the best of my knowledge:

 

1. The Report fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Actof 1934; and

 

2. The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 
|                 | /s/ Dennis  M. Hanson                |
|----------------------|--------------------------------------|
|                 |                                 |
|                 | Senior  Executive Vice President and |
|                 | Chief  Financial Officer             |
|                 | (Principal  Financial Officer)       |
|                 |
|                 |
| March 17,  2008 |

 

----
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.                  

###### Federal Reserve System

                    In accordance with § 71.5 of its rules regarding availability of information (12 CFR part 271), there is set forth below the domestic policy directive issued by the Federal Open Market Committee at its meeting held on December 19, 2000.[1] 

The Federal Open Market Committee seeks monetary and financial conditions that will foster price stability and promote sustainable growth in output.  To further its long-run objectives, the Committee in the immediate future seeks conditions in reserve markets consistent with maintaining the federal funds rate to an average of around 6-1/2 percent.
      ( print page 11171)    
By order of the Federal Open Market Committee, February 2, 2001.

Donald L. Kohn,

Secretary, Federal Open Market Committee.

# Footnotes

1.                             Copies of the Minutes of the Federal Open Market Committee meeting of December 19, 2000, which include the domestic policy directive issued at that meeting, are available upon request to the Board of Governors of the Federal Reserve System, Washington, D.C. 20551.  The minutes are published in the Federal Reserve Bulletin and in the Board's annual report.                    
        Back to Citation      

[FR Doc. 01-4338 Field 2-21-01; 8:45 am]

BILLING CODE 6210-01-S
Exhibit32.1

** **

** **

**Certification of CEO and CFO**

**Pursuant to 18 U.S.C. Section 1350,**

**As Adopted Pursuant to**

**Section 906 of the Sarbanes-Oxley Act of 2002**

 

 

 

Inconnection with the Quarterly Report on Form 10-Q of United Investors IncomeProperties (the "Partnership"), for the quarterly period ended September 30,2010 as filed with the Securities and Exchange Commission on the date hereof(the "Report"), Steven D. Cordes, as the equivalent of the Chief ExecutiveOfficer of the Partnership, and Stephen B. Waters, as the equivalent of theChief Financial Officer of the Partnership, each hereby certifies, pursuant to18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, that, to the best of his knowledge:

 

(1)  The Report fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

(2)  The information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of thePartnership.

 

 

 

 

Thiscertification is furnished with this Report pursuant to Section 906 of theSarbanes-Oxley Act of 2002 and shall not be deemed filed by the Partnership forpurposes of Section 18 of the Securities Exchange Act of 1934, asamended.
#### BARBARA R. BURNS *v.*QUINNIPIAC UNIVERSITY

*Barbara R. Burns,*pro se, in support of the petition.

Decided May 26, 2010

The plaintiffs petition for certification for appeal from the Appellate Court, 120 Conn. App. 311 (AC 30833), is denied.

KATZ, PALMER and VERTEFEUILLE, Js., did not participate in the consideration of or decision on this petition.
Prepared and filed by St Ives Financial





AMENDMENT TO

EMPLOYMENT AGREEMENT

THIS AMENDMENT is made on this 18th day of July, 2006 by and between the MEDecision, Inc., a Pennsylvania corporation (the “Company”) and John H. Capobianco (“Executive”).

WHEREAS, the Company and Executive are parties to an Employment Agreement dated as of September 4, 2002 (the “Employment Agreement”); and

WHEREAS, Section 16.7 of the Employment Agreement provides that the parties may amend the Employment Agreement at any time in writing; and 

WHEREAS, in connection with the Company’s proposed initial public offering of equity securities, the Company and Executive wish to amend the Employment Agreement to conform to the requirements of Section 409A of the Internal Revenue Code and Section 402 of the Sarbanes-Oxley Act of 2002.

NOW THEREFORE, in consideration of these premises and intending to be legally bound hereby, the Employment Agreement is hereby amended as follows, effective on the date hereof:

1.        Section 11.2 is corrected by the replacement of the reference to “this Section 11.3” with a reference to “this Section 11.2.”



	
            2.
 	
            Section 11.3 is deleted in its entirety.
 	
             

	
            3.
 	
            The following new Section 18 is added to the end of the Agreement:
 




Section 18. Compliance with Section 409A. If payments owed to Executive by the Company or any of its affiliates following his separation from service are subject to the requirements of Prop. Treas. Reg. § 1.409A-3(g)(2) (or any successor provision) at the time of that separation, then notwithstanding any other provision of this Agreement (or any otherwise applicable plan, policy, agreement or arrangement), those payments that are otherwise due within six months following Executive’s separation from service will be deferred (without interest) and paid to Executive in a lump sum immediately following the end of that six month period.

[signature page follows]

 


 







IN WITNESS WHEREOF, the Company has caused this Amendment to be executed by its duly authorized representative, and Executive has executed this Agreement, in each case on the date first above written.

 




  	
         

      	
         

      	
        MEDecision,
          Inc.

      
	 	 	

        By: /s/ Carl E. Smith
	
         

      	
         

      	
        Name
          & Title: Carl E. Smith, CFO

      
	
         

      	
         

      	
         

      
	
         

      	
         

      	
        John
          H. Capobianco

      
	
         

      	
         

      	
         

      
	
         

      	
         

      	
        /s/
          John H. Capobianco

      






-2-
I

103D CONGRESS

1ST SESSION H. R. 2375

To amend title 38, United States Code, to extend for ten years the authority

for the Secretary of Veterans Affairs to provide priority health care

to veterans who were exposed to ionizing radiation or to Agent Orange.

IN THE HOUSE OF REPRESENTATIVES

JUNE 10, 1993

Mr. EVANS (for himself, Mr. EDWARDS of California, Mr. GUTIERREZ, Ms.

WATERS, Mr. BONIOR, Mr. KENNEDY, and Mr. ABERCROMBIE) introduced the following bill; which was referred to the Committee on Veterans’ Affairs

A BILL

To amend title 38, United States Code, to extend for ten

years the authority for the Secretary of Veterans Affairs

to provide priority health care to veterans who were

exposed to ionizing radiation or to Agent Orange.

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

3 That section 1710(e)(3) of title 38, United States Code,

4 is amended by striking out ‘‘December 31, 1993’’ and in5 serting in lieu thereof ‘‘December 31, 2003’’.

Æ
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEUDLE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S CONDENSED CONSOLIDATED BALANCE SHEETS, STATEMENTS OF OPERATIONS
AND STATEMENTS OF CASH FLOWS AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS
</LEGEND>
<RESTATED> 
<CIK> 0000829987
<NAME> COPLEY PHARMACEUTICAL, INC
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                              JUL-1-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                            9978
<SECURITIES>                                     16366
<RECEIVABLES>                                    35142
<ALLOWANCES>                                     (500)
<INVENTORY>                                      25978
<CURRENT-ASSETS>                                  9145
<PP&E>                                           72237
<DEPRECIATION>                                 (24453)
<TOTAL-ASSETS>                                  147017
<CURRENT-LIABILITIES>                            46815
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           254
<OTHER-SE>                                       99948
<TOTAL-LIABILITY-AND-EQUITY>                    147017
<SALES>                                          36475
<TOTAL-REVENUES>                                 36475
<CGS>                                            26134
<TOTAL-COSTS>                                    26134
<OTHER-EXPENSES>                                  5843
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 304
<INCOME-PRETAX>                                 (4194)
<INCOME-TAX>                                    (2440)
<INCOME-CONTINUING>                             (1754)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (1754)
<EPS-PRIMARY>                                      .09
<EPS-DILUTED>                                      .09
        

</TABLE>
AMENDMENT
TO THE
 AMENDED AND RESTATED
EMPLOYMENT AGREEMENT
 
 This Amendment is made as of the 7th day of
February, 2008 to the Amended and Restated Employment Agreement dated as of
January 3, 2006 (the “Agreement”), by and between Symbollon Pharmaceuticals,
Inc., a Delaware corporation with its principal place of business at 37 Loring
Drive, Framingham, MA  01702 (the "Company"), and Paul C. Desjourdy,
residing at 25 Eastmount Road, Medfield, MA  02052 (the
"Employee").  Capitalized terms used but not defined herein shall have
the meaning as defined in the Agreement.  Except as amended below, all
terms and conditions of the Agreement shall remain in full force and
effect.
 
 In consideration of the mutual promises
contained in this Amendment, the parties agree as follows:
 
 1.  Section 2 of the
Agreement shall be modified such that the term of the Agreement shall be
extended to December 31, 2011.
 
 2.  Section 3 of the
Agreement shall be modified such that the base salary shall be at the rate of
$278,500 commencing January, 2008.
 
 3.  As an incentive to
execute this Amendment, the Employee shall be issued as of the date hereof
900,000 restricted shares of Class A Common Stock.  The restricted
shares may not be sold by the Employee until vested.  The restricted
shares shall be subject to forfeiture if the Agreement is terminated prior to
the vesting of the shares.  The shares shall vest 1/3 each of the next
three anniversaries of this Amendment.
 
 IN WITNESS WHEREOF, the parties have
caused this Amendment to be executed as of the date and year first above
written.
 
 SYMBOLLON PHARMACEUTICALS,
INC.
 
 
 
 By: /s/ Jack H.
Kessler___________
 Jack H. Kessler
 Chairman of the Board
 
 
 /s/ Paul C.
Desjourdy_____________
 Paul C.
Desjourdy
[ARTICLE]   5
[LEGEND]
Registrant is a limited partnership which invests in a real estate joint
venture. In accordance with industry practice, its balance sheet is
unclassified. For full information, refer to the accompanying unaudited
financial statements.
[/LEGEND]
[TABLE]
[S]                                           [C]
[PERIOD TYPE]                                 9-MOS
[FISCAL-YEAR-END]                             DEC-31-2000
[PERIOD-END]                                  SEP-30-2000
[CASH]                                          2,954,075
[SECURITIES]                                            0
[RECEIVABLES]                                       2,795
[ALLOWANCES]                                            0
[INVENTORY]                                             0
[CURRENT-ASSETS]                                        0
[PP&E]                                                  0
[DEPRECIATION]                                          0
[TOTAL-ASSETS]                                  4,297,153  [F1]
[CURRENT-LIABILITIES]                                   0
[BONDS]                                                 0
[COMMON]                                                0
[PREFERRED-MANDATORY]                                   0
[PREFERRED]                                             0
[OTHER-SE]                                      4,218,716  [F2]
[TOTAL-LIABILITY-END-EQUITY]                    4,297,153  [F3]
[SALES]                                                 0
[TOTAL-REVENUES]                               19,812,441  [F4]
[CGS]                                                   0
[TOTAL COSTS]                                           0
[OTHER EXPENSES]                                   65,585
[LOSS-PROVISION]                                        0
[INTEREST-EXPENSE]                                      0
[INCOME-PRETAX]                                19,746,856
[INCOME-TAX]                                            0
[INCOME-CONTINUING]                            19,746,856
[DISCONTINUED]                                          0
[EXTRAORDINARY]                                         0
[CHANGES]                                               0
[NET-INCOME]                                   19,746,856
[EPS-BASIC]                                        113.86  [F5]
[EPS-DILUTED]                                           0
[FN]
[F1] In addition to cash and receivables, total assets include an investment in
unconsolidated partnership of $1,340,283.
[F2] Represents partners' capital.
[F3] Liabilities include  accounts payable and other liabilities of $78,437.
[F4] Total revenues include equity in earnings of unconsolidated partnership
of $19,559,286 and interest and other revenue of $253,155.
[F5] Represents net income per Unit of limited partnership interest.
[/FN]
[/TABLE]
Filed 10/4/16 by Clerk of Supreme Court

IN THE SUPREME COURT

STATE OF NORTH DAKOTA

2016 ND 191

City of Bismarck, Plaintiff and Appellee

v.

Tiffany Pederson, Defendant and Appellant

No. 20160021

Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable James S. Hill, Judge.

AFFIRMED.

Per Curiam.

Jason J. Hammes, City Prosecutor, P.O. Box 5503, Bismarck, ND 58506- 5503, for plaintiff and appellee.

Dan L. Herbel, The Regency Business Center, 3333 East Broadway Avenue, Suite 1205, Bismarck, ND 58501, for defendant and appellant.

City of Bismarck v. Pederson

No. 20160021

Per Curiam.

[¶1]Tiffany Pederson appealed from a criminal judgment for actual physical control of a motor vehicle while under the influence entered upon a conditional guilty plea after the district court denied her motion to suppress.  On appeal, Pederson argues the district court erred in denying her motion to suppress, contending the initial contact made by the officer constituted an illegal seizure.  We conclude the district court’s decision is not contrary to the manifest weight of the evidence.  We summarily affirm under N.D.R.App.P. 35.1(a)(2).

[¶2]Gerald W. VandeWalle, C.J.

Carol Ronning Kapsner

Lisa Fair McEvers

Daniel J. Crothers

Dale V. Sandstrom
#### EASTERN SAVINGS BANK, FSB *v.*LISA A. PELCZ ET AL.

The named defendant’s petition for certification for appeal from the Appellate Court (AC 32049) is denied.

*930
      *Lisa A. Pelez,*pro se, in support of the petition.

*Robert J. Piscitelli,*in opposition.

Decided July 22, 2010
Exhibit 32.1

** **

** **

**Certification of CEO and CFO**

**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 on Form 10-Q of United Investors Income Properties (the "Partnership"), for the quarterly period ended June 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), Steven D. Cordes, as the equivalent of the Chief Executive Officer of the Partnership, and Stephen B. Waters, as the equivalent of the Chief Financial Officer of the Partnership, each 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 the best of his 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 Partnership.

 

 
|   |      /s/Steven D. Cordes  |
|--------|----------------------------------------------------|
|   | Name: Steven D. Cordes                             |
|   | Date: August 12, 2009                              |
|   |                                               |
|   |      /s/Stephen B. Waters |
|   | Name: Stephen B. Waters                            |
|   | Date: August 12, 2009                              |

 

 

This certification is furnished with this Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Partnership for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
<PAGE>   1

                       IRVINE APARTMENT COMMUNITIES, L.P.
                        CONSENT OF INDEPENDENT AUDITORS
                        -------------------------------

                                  Exhibit 23.3


We consent to the use of our report dated January 30, 1998 with respect to the
consolidated financial statements and related financial statement schedule of
Irvine Apartment Communities, L.P., included in this Annual Report (Form 10-K)
of Irvine Apartment Communities, L.P.

We also consent to the incorporation by reference of our report dated January
30, 1998 with respect to the consolidated financial statements and related
financial statement schedule of Irvine Apartment Communities, L.P. in the
Registration Statement (Form S-3) pertaining to the Irvine Apartment
Communities, L.P. registration of $350,000,000 of Debt Securities.


                                             /s/ ERNST & YOUNG, LLP
                                             -----------------------------------


Newport Beach, California
March 27, 1998