alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Carl Edward WILLIS, Appellant, v. Sebastian County Sheriff Frank ATKINSON; Moulder, Guard, Sebastian County Detention Center; Detention Deputy Jacob Fink, Guard, Sebastian County Detention Center; Restine, Guard, Sebastian County Detention Center; Officer Paul, Night Supervisor, Sebastian County Detention Center; Lt. Jackson, Assistant Jail Administrator Sebastian County Detention Center; Capt. Conger, Jail Administrator; Guard Reilly; Guard Dutton; Crystal Reed; Anita Bass, Appellees.

*983No. 10-1878.

United States Court of Appeals, Eighth Circuit.

Submitted: Feb. 3, 2011.

Filed: Feb. 14, 2011.

Carl Edward Willis, Pine Bluff, AR, pro se.

Janan A. Davis, Jeremy Michael McNabb, Jason E. Owens, Rainwater & Holt, Little Rock, AR, for Appellees.

Before MELLOY, GRUENDER, and BENTON, Circuit Judges.

PER CURIAM.

Inmate Carl Edward Willis appeals the district court’s1 dismissal of his 42 U.S.C. § 1983 action following an evidentiary hearing. As to the claims Willis has not abandoned on appeal, *see Griffith v. City of Des Moines,*387 F.3d 733, 739 (8th Cir.2004), and that warrant our review, see *Meyers v. Starke,*420 F.3d 738, 743 (8th Cir.2005) (to be reviewable, issue must be presented in brief with some specificity), we have carefully reviewed the record and considered Willis’s arguments for reversal. We conclude that the claims at issue on appeal were properly dismissed following the evidentiary hearing. *See Choate v. Lockhart,*7 F.3d 1370, 1373 & n. 1 (8th Cir.1993) (standard of review).2 Accordingly, we affirm. *See*8th Cir. R. 47B.

1

. The Honorable Robert T. Dawson, United States District Judge for the Western District of Arkansas, adopting the report and recommendations of the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas.

2

. We note that early in the case Willis’s motion for a jury trial was denied as untimely, a ruling Willis does not challenge on appeal.
Exhibit 32.2

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 Cubist Pharmaceuticals (the "Company") on Form 10-K for the period ending December 31, 2007 as
filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, David W.J. McGirr, Chief Financial Officer, 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 Cubist.

|February 29, 2008 |  | /s/DAVID W.J. MCGIRRDavid W.J. McGirr Senior Vice President and Chief Financial
Officer
|----------------- |  | ---------------------------------------------------------------------------------------

---



QuickLinks
## Breadcrumb

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-                       What are the Impacts?                  

##               Science and Technology            

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#   What are the Impacts?

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Around the world, the effects of climate change continue to be felt. Changes include a global decrease in the size of glaciers, a decrease in snow cover for many regions in the Northern Hemisphere, warmer ocean and surface temperatures, and rising sea levels.

Here in our National Forests and Grasslands, these shifts include:
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Faced with these complex and serious threats, the Forest Service continues to work to help our Nation’s Forests and Grasslands adapt to climate change.

To effectively address these unprecedented challenges, we need to work together. Learn what you can do to help fight climate change.
<PAGE>

                                                                    EXHIBIT 99.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER

   PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)

         The undersigned executive officer of Banknorth Group, Inc. (the
"Registrant") hereby certifies that the Registrant's Form 10-Q for the three
months ended September 30, 2002 fully complies with the requirements of Section
13(a) of the Securities Exchange Act of 1934 and that the information contained
therein fairly presents, in all material respects, the financial condition and
results of operations of the Registrant.

                                                         /s/ Peter J. Verrill
                                                         -----------------------
                                                  Name:  Peter J. Verrill
                                                  Title: Chief Financial Officer

Date: November 8, 2002


                                      50
<TABLE> <S> <C>

<PAGE>
<ARTICLE> UT
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               JUN-30-1997
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                   45,626,122
<OTHER-PROPERTY-AND-INVEST>                          0
<TOTAL-CURRENT-ASSETS>                       7,850,231
<TOTAL-DEFERRED-CHARGES>                     4,251,515
<OTHER-ASSETS>                                       0
<TOTAL-ASSETS>                              57,727,868
<COMMON>                                        15,932
<CAPITAL-SURPLUS-PAID-IN>                   19,256,710
<RETAINED-EARNINGS>                          3,176,178
<TOTAL-COMMON-STOCKHOLDERS-EQ>              21,454,303
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<LONG-TERM-DEBT-NET>                         9,391,420
<SHORT-TERM-NOTES>                             741,500
<LONG-TERM-NOTES-PAYABLE>                    5,567,000
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                3,300,660
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                  2,733,956
<LEASES-CURRENT>                                81,109
<OTHER-ITEMS-CAPITAL-AND-LIAB>              14,457,920
<TOT-CAPITALIZATION-AND-LIAB>               57,727,868
<GROSS-OPERATING-REVENUE>                   19,345,122
<INCOME-TAX-EXPENSE>                           686,400
<OTHER-OPERATING-EXPENSES>                  16,282,803
<TOTAL-OPERATING-EXPENSES>                  16,969,203
<OPERATING-INCOME-LOSS>                      2,375,919
<OTHER-INCOME-NET>                            (30,961)
<INCOME-BEFORE-INTEREST-EXPEN>               2,424,758
<TOTAL-INTEREST-EXPENSE>                       833,052
<NET-INCOME>                                 1,591,706
<PREFERRED-STOCK-DIVIDENDS>                          0
<EARNINGS-AVAILABLE-FOR-COMM>                1,591,706
<COMMON-STOCK-DIVIDENDS>                       879,347
<TOTAL-INTEREST-ON-BONDS>                      759,270
<CASH-FLOW-OPERATIONS>                       4,225,974
<EPS-PRIMARY>                                     1.00
<EPS-DILUTED>                                     0.00
        

</TABLE>
Exhibit 14
 AMERISTAR CASINOS, INC.
 Code of Ethics for the Chief Executive Officer,
 Chief Financial Officer and Chief Accounting Officer
  1.
    
    Act with honesty and integrity, avoiding actual or apparent conflicts of
interest in personal and professional relationships. A conflict of interest exists
when an individuals private interests interfere or conflict in any way (or even
appear to interfere or conflict) with the interests of the Company.2.
    
    Provide stockholders and other constituents with information that is
accurate, complete, objective, relevant, timely and understandable. If I am the CEO
or CFO, I shall review the Companys annual and quarterly reports before certifying
and filing them with the Securities and Exchange Commission.3.
    
    Comply with all applicable laws, rules and regulations of federal, state and
local governments, and other appropriate private and public regulatory agencies.4.
    
    Act in good faith, responsibly, with due care, competence and diligence,
without misrepresenting material facts or allowing my independent judgment to be
subordinated.5.
    
    Respect the confidentiality of information acquired in the course of business
except when authorized or otherwise legally obligated to disclose the information. I
acknowledge that confidential information acquired in the course of business is not to
be used for personal advantage.6.
    
    Proactively promote ethical behavior among employees of the Company and as a
responsible partner with industry peers and associates.7.
    
    Maintain control over and responsibly manage all assets and resources
employed or entrusted to me by the Company.




---



##### 



8.
    
    Promptly report illegal or unethical conduct by any director, officer or
employee that has occurred, is occurring or may occur, including any violations of
this Code of Ethics. Such report shall be made to the Vice President of Regulatory
Compliance and the Chairman of the Audit Committee of the Board of Directors and shall
include conduct of a financial or non-financial nature.9.
    
    Refrain from directly or indirectly taking any action to improperly
influence, coerce or mislead the Company or its independent auditors for the purpose
of rendering the financial statements of the Company or its subsidiaries misleading.10.
    
    Comply with this Code of Ethics. I understand that if I violate any part of
this Code of Ethics, I will be subject to disciplinary action, up to and including
termination of employment.
   /s/  Gordon R. KanofskyGordon R. KanofskyChief Executive Officer/s/ Thomas M. SteinbauerThomas M. SteinbauerChief Financial OfficerJanuary 12, 2009
    /s/ Heather A. RolloHeather A. RolloChief Accounting Officer -2-
<PAGE>

                 EXHIBIT 23.1 - CONSENT OF INDEPENDENT AUDITORS



We consent to the incorporation by reference in this Annual Report (Form 
10-K) of Ultimate Electronics, Inc. of our report dated March 10, 1999, 
included in the 1999 Annual Report to Stockholders of Ultimate Electronics, 
Inc.

Our audits also included the financial statement schedule of Ultimate 
Electronics, Inc. listed in Item 14(a). This schedule is the responsibility 
of the Company's management. Our responsibility is to express an opinion 
based on our audits. In our opinion, the financial statement schedule 
referred to above, when considered in relation to the basic financial 
statements taken as a whole, presents fairly in all material respects the 
information set forth therein.

We also consent to the incorporation by reference in the Registration 
Statements on Form S-8 (No. 33-94636, No. 33-92256, No. 33-92258 and No. 
333-43049) pertaining to the SoundTrack 401(k) Retirement Savings Plan, the 
Non-employee Director Stock Option Plan, the Employee Stock Option Plan and 
the Equity Incentive Plan, respectively, of Ultimate Electronics, Inc. of our 
report dated March 10, 1999 with respect to the consolidated financial 
statements and schedule of Ultimate Electronics, Inc. included or 
incorporated by reference in this Annual Report (Form 10-K) for the year 
ended January 31, 1999.


/s/ Ernst & Young LLP


Denver, Colorado
May 1, 1999
52%

48%

Purchase Refinance

November 2015

$27 $368

Billion Billion

YTD 2015

1.36%

2,951

November 2015 Highlights

YTD: 11 months ended November 30, 2015

SF delinquency rate is 90+ days; MF rate is 60+ days 

0.03%
Exhibit 10.26

**** 

**FOURTH AMENDMENT TO PURCHASE AND SALE CONTRACT**

           This Fourth Amendment to Purchase and Sale Contract (this“**Amendment**”) is made as of November 7, 2008, between UNITED INVESTORSINCOME PROPERTIES (A MISSOURI LIMITED PARTNERSHIP) (“**Seller**”) andHAMILTON ZANZE & COMPANY(“**Purchaser**”).

**W I T N E S S E T H:**

           **WHEREAS**, Seller and Purchaser entered into that certain Purchase and SaleContract, dated as of August 20, 2008, with respect to the sale of certainproperty described therein (as amended, the “**Agreement**”); and

           **WHEREAS**, Seller and Purchaser desire to amend certain provisions of theAgreement.

           **NOW, THEREFORE**, in consideration of the mutual covenants hereincontained, the sum of $10.00 and other good and valuable consideration, themutual receipt and legal sufficiency of which are hereby acknowledged, theparties hereby agree as follows:

1.     **Capitalized Terms.    **Capitalized terms usedin this Amendment shall have the meanings given to them in the Agreement, exceptas expressly otherwise defined herein.

2.     **Feasibility Period**.      The FeasibilityPeriod, set forth in Section 3.1 of the Agreement, is hereby extended toDecember 8, 2008.

3.     **Closing Date**.  The first sentence of Section 5.1 of theAgreement shall be deleted and replaced as follows: 

“TheClosing shall occur on December 12, 2008 (time being of the essence),provided, however, Purchaser shall have the one-time right, bydelivering written notice (“**Purchaser’s Adjournment Notice**”) toSeller not later than December 8, 2008, to adjourn the Closing to December 30,2008 (time being of the essence) (the actual date on which the Closing occurs isreferred to herein as the "**Closing Date**"), provided that Purchasershall, concurrently with the delivery of Purchaser’s Adjournment Notice, deliverto Escrow Agent an additional deposit of $1,000,000.00 (the “**AdjournmentDeposit**”).  The Adjournment Deposit shall be deemed part of theDeposit. If Purchaser timely deliver’s Purchaser’s Adjournment Notice, thenPurchaser shall be deemed to waive all rights Purchaser has to terminate thisContract under Section 3.2 hereof.”

4.     **Miscellaneous. **This Amendment (a)  supersedes all priororal or written communications and agreement between or among the parties withrespect to the subject matter hereof, and (b) may be executed incounterparts, each of which shall be deemed an original and all of which, whentaken together, shall constitute a single instrument and may be delivered byfacsimile transmission, and any such facsimile transmitted Amendment shall havethe same force and effect, and be as binding, as if original signatures had beendelivered.  As modified hereby, all the terms of the Agreement are herebyratified and confirmed and shall continue in full force and effect.

[Signature Page to Follow]
<PAGE>
<TABLE>
                                                      OREGON STEEL MILLS, INC. 
EXHIBIT 11
                                       STATEMENT REGARDING COMPUTATION OF PER SHARE EARNINGS
                                           (In thousands, except per share data amounts)
<CAPTION>
                                                 
                                           Three Months Ended                Nine Months Ended                       
                                             September 30,                      September 30,         
                                          -------------------              ---------------------         
                                           1995         1994                1995           1994
                                          ------       ------              ------         ------
<S>                                       <C>          <C>                 <C>            <C>
Weighted average number of common
  shares outstanding                      19,422       19,378              19,416         19,374           
Common stock equivalents arising
  from 598 shares of stock to be 
  issued March 2003                          598          598                 598            598
                                          ------       ------              ------         ------

                                          20,020       19,976              20,015         19,972
                                          ======       ======              ======         ======

Net income (loss)                         $1,966       $ (494)             $9,622         $6,632
                                          ======       ======              ======         ======

Primary and fully diluted
  net income (loss) per common and
  common equivalent share                   $.10        $(.02)               $.48           $.33 
                                            ====        =====                ====           ====
</TABLE>
I

103D CONGRESS

1ST SESSION H. R. 2422

To extend until January 1, 1995, the previously existing suspensions of

duty on certain chemicals.

IN THE HOUSE OF REPRESENTATIVES

JUNE 15, 1993

Mr. REED introduced the following bill; which was referred to the Committee

on Ways and Means

A BILL

To extend until January 1, 1995, the previously existing

suspensions of duty on certain chemicals.

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

3 SECTION 1. SUSPENSIONS OF DUTY ON CERTAIN CHEMI4 CALS.

5 Subchapter II of chapter 99 of the Harmonized Tar6 iff Schedule of the United States is amended by striking

7 ‘‘12/31/92’’ and inserting ‘‘12/31/94’’ in each of the fol8 lowing headings:

9 (1) Heading 9902.30.14 (relating to Neville and

10 Winter’s acid).
2

•HR 2422 IH

1 (2) Heading 9902.30.41 (relating to Broenner’s

2 acid).

3 (3) Heading 9902.30.42 (relating to D Salt).

4 (4) Heading 9902.30.60 (relating to napthol AS

5 types).

6 (5) Heading 9902.30.62 (relating to anis base).

7 SEC. 2. APPLICABILITY.

8 (a) IN GENERAL.—The amendments made by section

9 1 shall take effect on the 15th day after the date of the

10 enactment of this Act.

11 (b) RETROACTIVE PROVISION.—Notwithstanding sec12 tion 514 of the Tariff Act of 1930 or any other provision

13 of law to the contrary, upon a request filed with the appro14 priate customs officer before the 90th day after the date

15 of the enactment of this Act, any entry or withdrawal from

16 warehouse for consumption of goods to which any amend17 ment made by section 1 applies and that was made—

18 (1) after December 31, 1992; and

19 (2) before the 15th day after the date of the en20 actment of this Act;

21 and with respect to which there would have been no duty

22 or a lower duty if the amendment made by section 1 had

23 applied to such entry or withdrawal, shall be liquidated

24 or reliquidated as though such entry or withdrawal had

25 occurred on such 15th day.
3

•HR 2422 IH

Æ
#### K-MAR INDUSTRIES, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and Five River Services LLC, Defendant.

No. 2010-5090.

United States Court of Appeals, Federal Circuit.

Jan. 13, 2011.

Marilyn H. David, Russell S. Gill, PLLC, of Biloxi, Mississippi, for plaintiff-appellant. Of counsel on the brief was Russell S. Gill.

William P. Rayel, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for defendant-appellee. Of counsel on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Brian M. Simkin, Assistant Director.

Béfore BRYSON, LINN, and DYK, Circuit Judges.

JUDGMENT

PER CURIAM.

THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED:

AFFIRMED. *See*Fed. Cir. R. 36.
SIXTH AMENDMENT TO EMPLOYMENT AGREEMENT


This  Sixth  Amendment  to  the  Employment   Agreement   between  Chartwell  Re
Corporation and Jacques Q. Bonneau is entered into as of December 30, 1998.

                                    RECITALS

A.  Chartwell  Re  Corporation  (the  "Company")  entered  into  an  Employment
    Agreement (the "Agreement") with Jacques Q. Bonneau (the "Executive") dated
    December 8, 1993; and

B.  The  Agreement  set  forth  the  terms  and  conditions  of the  Executive's
    employment with the Company.

NOW THEREFORE, for good and valuable consideration,  the receipt and sufficiency
of which are hereby  acknowledged,  the Company and Executive  hereby consent to
amend the Agreement as follows:

1.       The Term of the Agreement is hereby extended in accordance with Section
         2 of the Agreement to December 31, 1999.

2.       Capitalized  terms used and not defined in this Sixth  Amendment  shall
         have the respective meanings ascribed to them in the Agreement.

3.       Except as expressly  amended  hereby,  the Agreement  shall continue in
         full force and effect in accordance with the provisions  thereof on the
         date hereof.

4.       This Sixth  Amendment shall inure to the benefit of and be binding upon
         the parties hereto and their respective successors and assigns.

5.       This Sixth Amendment may be executed in two or more counterparts,  each
         of which  shall  constitute  an  original,  but all of which when taken
         together shall constitute but one instrument.

6.       This Sixth  Amendment  shall be governed by and construed in accordance
         with the laws of the State of Delaware  without  regard to its conflict
         of law principles.

IN WITNESS  WHEREOF,  the Executive  has executed  this Sixth  Amendment and the
Company has caused this Sixth  Amendment  to be executed by its duly  authorized
representative.

                                           CHARTWELL RE CORPORATION


/s/ Jacques Q. Bonneau                     By: /s/ John V. Del Col
------------------------                       ---------------------------------
    Jacques Q. Bonneau                         John V. Del Col
                                               Vice President, General Counsel
                                               & Secretary
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

EARLTON FARQUHARSON AND

BEULAH F ARQUHARSON

,

Appellant s

,

v. Case No. 5D 16

- 2687

CITIBANK, N.A. FOR THE BENEFIT OF THE CERTIFCATE HOLDERS CWABS, INC. ASSET

BACKED CERTIFICATE SERIES 2007

- QX1

,

Appellee

. ________________________________/

Opinion filed June 9, 2017

Appeal from the Circuit Court

for Osceola County

, Kevin B. Weiss , Judge.

Earlton Farquharson and Beulah Farquharson,

Buenaventura Lakes , pro se.

Sara F. Holladay

- Tobias, Emily Y. Rottmann, Ada A. Hammond and Jason R. Bowyer, of McGuireWoods LLP, Jacksonville, for Appellee.

PER CURIAM.

After carefully reviewing the record on appeal, the hearing transcript, and the

parties’ briefs, we affirm the lower court, whom we commend for showing great patience

in the manner in which the August 2, 2016

, hearing was conducted.

AFFIRMED.

COHEN, C.J.

, EVANDER

, and EDWARDS , JJ., concur.