alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

xonoreble John C. Xarbureer 

c.ca~ty ~~ttorney 

Poyette County 

LeGranss, Taxes. 

. 

The imy3rtcnt point for annljois in this oplnlcn 

1s tine exact de.ilnition of t!~o +rtlse nrunniaz at large”. 

AS Q ccnzr~l rule words ~111 be Given ttoir usual and ordine7y menin..:. *?u,min: at lar=cn hrts, b-en dcfincd QS nstrollin-, VAtLout resti*Lint .or conf inezent ,‘* or %mderln~, roving 

or rbzt~liiq ilt ~111 ume5traimd.*8~ See 23 Tex. am. 369. 
Si 

Xonoreble John C . Xarburger, paze 2 

In 1 ?z*C.L., psge 1149, the follo71io~ statezwt 

ih regard to degree cf care nooessezy under such Stock Sotute is stated 48 iOllff~sS: 

The chnrze or czre~suffioient to take a 

oase o;ithout a prohibitory statute does not 

always i&ply dire& physical power to ccntrol 

the aotion of the anirr;al.n 

St is apparent then that any method of control or 

restraint that vmuld prohibit the an&al fror? wanderlrg, 

&rolling:, or roving would be sufficient. Ze believe that 

tho intention of the iegielature in enactin this statute, 

wae to proteot the public at large from dmage done by liveetook‘not under control of its mvner. ,?h;is act was Fassod 

in ah effort to protect the unfenced property of the grivate 

aitlzen. A oow staked in a vacant lot sculd at least be 

under the physical oontrol of the chnin or ropa to which it 

was Med. An animl properly staked could net stroll 02 

wader sinlessly about &nd dr, &.raCe to unfenced property. 

Thus applying the ordinary manins given to the phrase 

%%nning at large" and following: the apparent Intention of 

the Le@dd.ure, we met ammr your question lri the neg4- 

tlve. 

?f& truly yours
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 amended Annual Report of Natural Health Trends Corp.
(the "Company") on Form 10-KSB/A for fiscal year ended December 31, 2001 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Mark D. Woodburn, President and Chief Financial Officer of the
Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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 result of operations of the
Company.


/s/ MARK D. WOODBURN
-------------------------------------
Mark D. Woodburn
President and Chief Financial Officer

April 12, 2004




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

                                       11
Exhibit 32.1



CERTIFICATION PURSUANT TO

SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, as Chief
Executive Officer of Brookstone, Inc. (the Company), does hereby certify that to the undersigneds knowledge:



| | 1) | the Companys Form 10-Q for the quarterly period ended October 30, 2004 as amended herein 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 Companys Form 10-Q for the quarterly period ended October 30, 2004 as amended herein fairly presents, in all material respects, the financial
condition and results of operations of the Company.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Michael F. AnthonyMichael F. AnthonyChairman, President and Chief Executive Officer, Director




Dated: December 15, 2004
AVENUE GROUP INC.
                            405 Lexington Ave 26th Fl
                               New York, NY 10174
                                 (888) 612-4188
                             www.avenuegroupinc.com

August 7, 2006

By Email Attachment:

Norman J. Singer
885 S. Garfield St.
Denver, CO 80209

Dear Norman,

I am pleased to confirm to you the new terms of compensation for your services
as a Director of Avenue Group, Inc. and as an advisor and consultant. These
terms were approved at a Board of Directors Meeting held on June 21 and further
confirmed by Consent Resolution.

Effective as of June 1, 2006 you shall receive Avenue Group, Inc. stock grants
which will vest at the rate of 100,000 shares per month on the first day of each
month for which you are serving as a director of the company and 100,000 shares
per month for each month you are serving as a consultant to the company. This
reflects a change from your previous 200,000 shares per month stock options. In
addition, in recognition to your services to the company, you are to receive a
one time stock grant of 800,000 shares of Avenue Group Inc common stock..

With regards to your cash compensation for serving on the Board of Directors,
your monthly fee shall be increased from $2500 per month to $5000 per month
effective June 1, 2006 to be paid every three months in advance. With regards to
your services as a consultant, you are to be paid at the rate of $125/hour for
technical and general administrative services and at your minimum hourly billing
rate of $350/hr for purely legal services. In the event you spend over five
hours per day for general services, you may round this up to an 8 hour day.
However, your total compensation as a consultant for both legal and general
services shall not exceed $9000 per month. Any services rendered in excess of
this amount shall be discounted to a maximum of $9000 for that month

We look forward to working with you in the many months to come. Could you please
sign one copy of this letter in the space below acknowledging your agreement to
the aforementioned.

Very truly yours,

Mendel Mochkin



_______________________
Norman J. Singer
Exhibit 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We have issued our report dated March 17, 2010, with respect to the consolidated financial statements and internal control over financial reporting included in the Annual Report of West Marine, Inc. on Form 10-K for the year ended
January 2, 2010. We hereby consent to the incorporation by reference of said report in the Registration Statements of West Marine, Inc. on Forms S-8 (File No. 333-02903, effective June 17, 1996, File No. 333-04712, effective
April 17, 2002, File No. 333-87124, effective April 29, 2002, File No. 333-102109, effective December 30, 2002, File No. 333-125291, effective May 27, 2005, File No. 333-134031, effective May 12, 2006,
File No. 333-143285, effective May 25, 2007, File No. 333-151290, effective May 30, 2008, and File No. 333-159501, effective May 27, 2009).



|                                        
|----------------------------------------
|/s/ GRANT THORNTON LLP                  
|                                        
|San Francisco, California March 17, 2010
2009-1508.

#### Univ. Commons Assoc., Ltd. Partnership v. Commercial One Asset Mgt., Inc.

Cuyahoga App. No. 91973, 2009-Ohio-3061.
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

April 24, 2007 Clifford W. Taylor,

 Chief Justice 

132867 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 132867 

 COA: 262695 

Oakland CC: 2004-197050-FC 

GREGORY HAROLD COMBS,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the November 16, 2006 

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. 

p0416 

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. 

April 24, 2007 

 Clerk
**Exhibit 32.1**

 

**CERTIFICATION**

**PURSUANT TO**

**18 U.S.C. 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

The undersigned officerof Chase Corporation (the “Company”) hereby certifies that the Company’sQuarterly Report on Form 10-Q for the period ended February 28, 2010(the “Report”), as filed with the Securities and Exchange Commission on thedate hereof, fully complies with the requirements of Section 13(a) or15(d), as applicable, of the Securities Exchange Act of 1934, as amended, andthat the information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company.This certificate is furnished solely pursuant to 18 U.S.C. Section 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.

 

Date:  April 9,2010

 
|  /s/ Peter R. Chase              |   |
|---------------------------------------|--------|
|                                  |   |
| Peter R. Chase                        |   |
| Chairman and Chief  Executive Officer |   |
| (Principal executive  officer)        |   |

 

----
[Federal Register Volume 66, Number 39 (Tuesday, February 27, 2001)]
[Notices]
[Pages 12577-12578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4750]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-43988; File No. SR-NASD-00-37]


Self-Regulatory Organizations; Notice of Withdrawal of Proposed 
Rule Change by the National Association of Securities Dealers, Inc., 
Relating to Permanent Approval of the Nasdaq Application of the 
OptiMark System

February 20, 2001.
    On June 19, 2000, the National Association of Securities Dealers, 
Inc. (``NASD''), through its subsidiary the Nasdaq Stock Market, Inc. 
(``Nasdaq''), filed with the Securities and Exchange Commission 
(``Commission'') a proposed rule change, pursuant to section 19(b)(1) 
of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 
thereunder,\2\ to seek permanent approval of the Nasdaq Application of 
the OptiMark System without any restrictions on the trading activity to 
be conducted through the facility. Notice of the proposed rule change 
was published on August 9, 2000, in the Federal Register, to solicit 
comment from

[[Page 12578]]

interested persons.\3\ On February 12, 2001, the Nasdaq withdrew the 
proposed rule change.\4\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 43107 (Aug. 2, 2000), 65 
FR 48771.
    \4\ See letter from Peter R. Geraghty, Assistant General 
Counsel, Nasdaq, to John Polise, Senior Special Counsel, Division of 
Market Regulation, Commission, dated February 12, 2001.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\5\
---------------------------------------------------------------------------

    \5\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 01-4750 Filed 2-26-01; 8:45 am]
BILLING CODE 8010-01-M
Exhibit 32.1

           Certification Required by Rule 13a-14(b) or Rule 15d-14(b)
        and 18 U.S.C. Section 1350 (as adopted pursuant to Section 906 of
                        the Sarbanes-Oxley Act of 2002)


I, Michael C. Culver, as Chief Executive Officer of First Aviation Services Inc.
(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 to my
knowledge:

(1)  the accompanying Quarterly Report on Form 10-Q of the Company for the
     period ended October 31, 2005 (the "Report"), filed with the U.S.
     Securities and Exchange Commission, fully complies with the requirements of
     Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended;
     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: December 15, 2005


                                                     /s/ Michael C. Culver
                                                     ---------------------
                                                     Michael C. Culver
                                                     Chief Executive Officer


                                       23
Exhibit 10.6

THIRD AMENDMENT TO THE  GUESS?, INC.  2004 EQUITY INCENTIVE PLAN

WHEREAS, Guess?, Inc. (the "Company") maintains the Guess?, Inc. 2004 Equity Incentive Plan (as may
be amended, restated and/or modified from time to time, the "Plan");

WHEREAS, pursuant to Section 18 of the Plan, the Compensation Committee of the Board of Directors of the Company may amend the Plan
at any time, subject to certain limitations;

WHEREAS, the Plan and certain forms of agreements related thereto, including the form Restricted Stock Agreement, Restricted Stock Unit
Agreement, and Nonqualified Stock Option Agreement (collectively, the "Form Agreements"), do not clearly address the issuance of shares in book entry
form or other uncertificated means and the rights, if any, the holders of such shares may have under the Plan; and

WHEREAS, the Company wishes to amend the Plan and the Form Agreements to permit the issuance of shares in book entry form and clarify the
rights, if any, the holders of such shares have under the Plan;

NOW, THEREFORE, the Form Agreements, in substantially the forms attached hereto as Exhibits A,BandCare hereby adopted and
approved, effective as of December 17, 2007; and

RESOLVED FURTHER, the Plan is hereby amended, effective as of December 17, 2007, as follows:

SECTION 8

STOCK OPTIONS



SECTION 8

RESTRICTED STOCK AWARDS





---



SECTION 10

STOCK APPRECIATION RIGHTS





SECTION 11

PERFORMANCE SHARE AWARDS



SECTION 19

MISCELLANEOUS





[Remainder
of page intentionally left blank]

2

---



IN WITNESS WHEREOF, the Company has caused its duly authorized officer to execute this amendment.

| | GUESS?, INC.                                                       
| | -------------------------------------------------------------------
| | /s/CARLOS ALBERININame: Carlos Alberini
Title: President and C.O.O.

3

---



QuickLinks
**Amendmentto Employment Agreement and Revocation of**

**StockRedemption Agreement, both dated December 26, 2003**

This Amendment (the "Amendment") to theEmployment Agreement  dated the 26th day of December, 2003 (the"Agreement") and the Stock Redemption Agreement  of the same date(the "Redemption Agreement") by and between Petroleum Development Corporation,a Nevada Corporation (the "Company"), and Eric R. Stearns (the"Employee")  is made and entered into this 29th day ofDecember, 2005.

WHEREAS, the Company and the Employee desire tomodify the terms and conditions of the Agreement and the Redemption Agreement asset forth in this Amendment;

NOW THEREFOR, in consideration of the premisesand mutual covenants and obligations set forth herein and for other good andvaluable consideration, the receipt and sufficiency of which is herebyacknowledged and accepted, the parties hereto, intending to be legally bound,agree as follows:

1.     Paragraph 5.e. of the Agreement requiring the Company to maintain lifeinsurance on the Employee and to repurchase stock or options at the discretionof the Employee's estate in the event of the death of the Employee is herebydeclared to be null and void in its entirety effective as of December 29, 2005.

2.     The Redemption Agreement is hereby declared null and void in itsentirety effective as of December 29, 2005.

3.     All other provisions of the Employment Agreement shall remain in forceas originally agreed.

IN WITNESS WHEREOF, the Company and the Employeehave duly executed this Employment Agreement as of the date first abovewritten.

Petroleum Development Corporation                            Employee

By:       /s/ Steven R. Williams                                       /s/Eric R. Stearns      

Steven R. Williams                                           Eric R. Stearns

            Chief Executive Officer
2009-1713.

#### Torrance v. Nadel.

In Mandamus and Prohibition. On October 26, 2009, this court found Saint Torrance to be a vexatious litigator under S.Ct.Prac.R. XIV(5)(B). This court further ordered that Torrance was prohibited from continuing or instituting legal proceedings in this court without first obtaining leave. Upon review of the documents filed in this ease, the court finds the case to be without merit. Accordingly,

It is ordered by the court, sua sponte, that the case is dismissed and all pending motions are denied as moot.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
Registrant is a limited partnership which invests in real estate, 
participating mortgage loans,and real estate joint ventures.  In accordance 
with industry practice, its balance sheet is unclassified.  For full 
information, refer to the accompanying financial statements.
</LEGEND>
<NAME> DEAN WITTER REALTY YIELD PLUS II, LP
<CIK> 0000830340
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-END>                               SEP-30-1995
<CASH>                                       1,953,693
<SECURITIES>                                         0
<RECEIVABLES>                                   35,255 
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              43,624,220<F1>
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<COMMON>                                             0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                  43,058,614<F2>
<TOTAL-LIABILITY-AND-EQUITY>                43,624,220<F3>
<SALES>                                              0
<TOTAL-REVENUES>                             2,938,558<F4>
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             1,127,663
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,810,895
<INCOME-PRETAX>                              1,810,895
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          1,810,895
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,810,895
<EPS-PRIMARY>                                     9.41<F5>
<EPS-DILUTED>                                        0
<FN>
<F1>In addition to cash and receivables, total assets include net investments
in real estate of $6,312,381, investment in unconsolidated partnership of 
$19,263,108, net investments in participating mortgage loan of $15,232,767, 
net deferred expenses of $715,840 and other assets of $111,176.
<F2>Represents partners' capital. 
<F3>Liabilities include accounts payable and other liabilities of $464,938 
and security deposits of $100,668.
<F4>Total revenue includes rent of $1,031,088, interest on participating
mortgage loans of $1,492,362, equity in earnings of unconsolidated part-
nership of $350,454 and interest and other revenue of $64,654.  
<F5>Represents net income per Unit of limited partnership interest.
</FN>
        

</TABLE>
EXHIBIT 32.2

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the accompanying quarterly report on
Form 10-Q of Buckhead Community Bancorp, Inc. (the Company) for the quarter ended September 30, 2007 (the Periodic Report), the undersigned Chief Executive Officer of the Company, hereby certifies pursuant
to Title 18, Section 1350 United States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of his individual knowledge and belief, that the Periodic Report fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in the Periodic Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Dated: December 3, 2007



|                       
|-----------------------
|/s/ Jesse R. Cheatham  
|Jesse R. Cheatham      
|Chief Financial Officer