alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Raymond Conway *vs.*Arland D. Marsh.

MARCH 26, 1952.

Present: Flynn, C.J., Capotosto, Baker, Condon and O’Connell, JJ.

Condon, J.

This is an action of trespass on the case for negligence. After plaintiff by leave of the superior court had filed a second amended declaration, defendant’s demurrer thereto was sustained. The plaintiff excepted to that ruling and thereupon brought the case here by h-is bill of exceptions containing that exception and several other exceptions to rulings on divers motions pertaining *255to the case as alleged in his original declaration and in his first amended declaration.

The case is properly before this court only on plaintiff’s exception to the superior court’s ruling sustaining defendant’s demurrer to the second amended declaration. All prior exceptions involving matters arising out of the filing of the original declaration and the first amended declaration were waived by reason of plaintiff’s election to file a second amended declaration. The law is settled in this state that as long as the amended pleading is recognized by the court, no issue based on the original can be properly submitted to the' jury, or considered on appeal. *Neri*v. *Rhode Island Co.,*42 R. I. 229. In other words the filing of an amended declaration eliminates the original declaration. *Ilczyszyn*v. *Mostecki,*43 R. I. 523; *Wilson*v. *New York, N. H. & H. R. R.,*18 R. I. 598. Following that rule, this court later decided in *Waterman*v. *Hero,*54 R. I. 377, that where a demurrer to plaintiff’s original declaration was sustained the filing of an additional count was, in effect, the filing of a substitute count for the one in the original declaration and was thereafter the only declaration in the case. The court further stated that when plaintiff later was nonsuited it was on such amended declaration and that her bill of exceptions properly brought up for review only the exception to the decision adjudging her nonsuit on the substituted declaration.

In the case at bar plaintiff’s election not to rely on either the original declaration or the first amended declaration caused both of them to drop out of the case together with all matters incidental thereto, leaving available for review in this court only the rulings on matters pertaining to the second amended declaration. The only matter arising thereunder is the trial justice’s ruling sustaining defendant’s demurrer to such declaration. However, plaintiff has not argued his exception to that ruling and states expressly in his brief that he is not pressing it. It is a well-established rule of this court that exceptions neither briefed nor argued *256are deemed to be waived. In the circumstances, therefore, he has no exception before us which is entitled to our consideration.

*Aram K. Berberian,*for plaintiff.

*Joseph T. Witherow,*for defendant.

For that reason the plaintiff’s exceptions are overruled *pro forma,*and the case is remitted to the superior court for further proceedings.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

DEMARKUS DANTE BENAVIDES,

 Defendant - Appellant.

No. 14-10512

D.C. No. 4:13-cr-00718-JSW

MEMORANDUM*

Appeal from the United States District Court

for the Northern District of California

Jeffrey S. White, District Judge, Presiding

Submitted September 21, 2015** 

Before: REINHARDT, LEAVY, and BERZON, Circuit Judges.

Demarkus Dante Benavides appeals the 87-month sentence imposed

following his guilty-plea conviction for being a felon in possession of a firearm, in

violation of 18 U.S.C. § 922(g). Benavides challenges the district court’s

conclusion that his prior burglary offense is a crime of violence under the residual

FILED

SEP 23 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
clause of U.S.S.G. § 4B1.2. In light of the government’s concession in its August

17, 2015, supplemental brief that Johnson v. United States, 135 S. Ct. 2551 (2015),

applies to the U.S. Sentencing Guidelines, Benavides’ sentence is hereby vacated

and the matter is remanded to the district court for resentencing forthwith. The

mandate shall issue forthwith.

VACATED and REMANDED for resentencing.

2 14-10512
CHIEF JUSTICE

ROGELIO VALDEZ

JUSTICES

NELDA V. RODRIGUEZ

DORI CONTRERAS GARZA

GINA M. BENAVIDES

GREGORY T. PERKES

NORA L. LONGORIA

CLERK

DORIAN E. RAMIREZ NUECES COUNTY COURTH OUSE

901 LEOPARD, 10TH FL OOR

CORPUS C HRISTI, TEXAS 78401

361

- 888

- 0416 (TEL)

361

- 888

- 0794 (FAX)

HIDALGO COUNTY

ADMINISTRATION BLDG.

100 E. CANO, 5TH FLO OR

EDINBURG, TEXAS 7853 9

956

- 318

- 2405 (TEL)

956

- 318

- 2403 (FAX)

www.txcourts.gov/13thcoa 

# Court of Appeals

Thirteenth District of Texas

December 01, 2015

Hon. Anne Lorentzen

District Clerk
901 Leopard, Suite 313
Corpus Christi, TX 78401

* DELIVERED VIA E

- MAIL *

Re: Cause No. 13

- 15

- 00391

- CR

Tr.Ct.No. 13

- CR

- 2552

- B
Style: The State of Texas v. Celestino Vivanco

The judgment of the trial court was DISMISSED by this Court on the 22 nd day of

October, 2015. The mandate is enclosed.

Tex R. App. P. 51.2(a)(1) provides that the clerk of the trial court shall send an
acknowledgment to the clerk of the appellate court of the rece ipt of the mandate. Please review
the requirements of Tex. R. App. P. 51.2(b) regarding the issuance of a capias in cases in which
the trial court’s judgment is affirmed and the defendant is not in custody.

Please sign the attached acknowledgment of rece ipt of the mandate and submit through
the TAMES Records Submission Portal (RSP) as soon as possible.

Very truly yours,

Dorian E. Ramirez, Clerk

DER:ch

Enc.

cc: Hon. Scott M. Ellison (DELIVERED VIA E

- MAIL)
Hon. Mark Skurka (DELIVERED VIA E

- MAIL)

I here by acknowledge receipt of the mandate in cause no. 13

- 15

- 00391

- CR this

________ day of _________________, 201 5

. District/County Clerk,

By :____________________________
§ 270.505 Procedure for reopening determinations. ( a ) *Grounds.* At any time subsequent to the time a determination becomes final pursuant to this subpart, the Commission, on its own motion, or in response to a petition filed by any person aggrieved or adversely affected by the determination, may reopen the determination if it appears that: ( 1 ) In making the determination, the Commission or the jurisdictional agency relied on any untrue statement of material fact; or
( 2 ) There was omitted a statement of material fact necessary in order to make the statements made not misleading, in light of the circumstances under which they were made to the jurisdictional agency or the Commission.
( b ) *Contents of petition.* A petition to reopen the determination proceedings must contain the following information, under oath: ( 1 ) The name and address of the person filing the petition;
( 2 ) The interest of the petitioner in the outcome of the determination proceeding;
( 3 ) The statement of material fact that is alleged to be untrue or omitted;
( 4 ) A statement explaining why the outcome of the determination proceeding would have been different had the statement or omission not occurred; and
( 5 ) Copies of all documents relied on by the petitioner, or references to such documents if they are contained in the public files of the Commission.
( c ) *Procedures after reopening.* In the event the Commission reopens a determination pursuant to this section it will: ( 1 ) Give notice to the jurisdictional agency and all persons who participated before both that agency and the Commission in the proceedings resulting in the determination in question;
( 2 ) Permit the jurisdictional agency and other persons receiving notice pursuant to paragraph (c)(1) of this section to submit whatever documentary evidence such agency or persons deem relevant; and
( 3 ) Take such other action or hold or cause to be held such proceedings as it deems necessary or appropriate for a full disclosure of the facts.
( d ) *Final order of Commission.* Within 150 days after issuance of the notice under paragraph (c)(1) of this section, the Commission shall issue a final order. If the Commission finds that the grounds referred to in paragraph (a) of this section exist, it will vacate the determination.
#### § 592.160 When an application may be withdrawn.

An application for service may be withdrawn by the applicant at any time before the service is performed upon payment, by the applicant, of all expenses incurred by the Agency in connection with such application.
#### § 1304.408 Variances.

The Vice President or the designee thereof is authorized, following consideration whether a proposed structure or other regulated activity would adversely impact navigation, flood control, public lands or reservations, power generation, the environment, or sensitive environmental resources, or would be incompatible with surrounding uses or inconsistent with an approved TVA reservoir land management plan, to approve a structure or activity that varies from the requirements of this part in minor aspects.
Exhibit




Exhibit 10.13




Summary of Hudson Global, Inc.
Compensation for Non-employee Members of the Board of Directors


The Company’s policy of compensation for the non-employee members of the Board of Directors effective as of October 2, 2015 is as follows:


Each non-employee director is entitled to receive an annual retainer of $25,000 paid in quarterly installments, a fee of $2,000 for each Board and Board committee meeting attended in person, and a fee of $1,000 for each telephonic Board and Board committee meeting in which the director participates.  The Chairmen of the Audit Committee, Compensation Committee, Nominating and Governance Committee and Strategic Planning Committee receive an additional annual retainer of $25,000, $10,000, $5,000 and $75,000, respectively, paid in quarterly installments.  The annual retainer, the fees for attending in-person and telephonic Board and Board committee meetings, and the retainer for serving as a Chairman of a Board committee, except for the Strategic Planning Committee, are paid in share units that are deferred to a retirement account until the director ceases board service.  The retainer for serving as the Chairman of the Strategic Planning Committee is paid in cash.  Each non-employee director also is entitled to receive $65,000 paid annually in share units that are deferred to a retirement account until the director ceases board service.  Upon first being elected or appointed as a director, each non-employee director is granted an option to purchase 50,000 shares of the Company’s common stock under the terms of the Hudson Global, Inc. 2009 Incentive Stock and Awards Plan, as amended and restated.  The exercise price of the options is the fair market value of a share of common stock on the date of grant.  Options have a term of five years and become exercisable as follows: 50% immediately on the date of grant and 100% upon the first anniversary of the grant date (provided that if the Company’s Board of Directors does not designate such individual as a director nominee for election as a director at the Company’s first annual meeting of stockholders following the grant date, then the remainder of such option that has not yet vested will immediately vest). Additionally, directors are reimbursed for out-of-pocket expenses associated with attending meetings of the Board and Board committees.
EXHIBIT 31.1

CERTIFICATION

I, Michael Ryan, certify that:

1. I have reviewed this Annual Report on Form 10-K/A of Gilman + Ciocia, Inc.,
(the "Report");

2. Based on my knowledge, this Report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements
made, in light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this Report;

3. Based on my knowledge, the financial statements, and other financial
information included in this Report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as
of, and for, the periods presented in this Report;

4. The registrant's other certifying officer(s) and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

      (a) Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to
ensure that material information relating to the registrant, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this Report is being prepared;

      (b) Evaluated the effectiveness of the registrant's disclosure controls
and procedures and presented in this Report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this Report based on such evaluation; and

      (c) Disclosed in this Report any changes in the registrant's internal
control over financial reporting that occurred during the registrant's most
recent fiscal quarter, that has materially affected, or is reasonably likely to
materially affect, the registrant's internal control over financial reporting;
and

5. The registrant's other certifying officer(s) and I have disclosed, based on
our most recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of the registrant's board of
directors (or persons performing the equivalent functions):

      (a) All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the registrant's ability to record, process,
summarize and report financial information; and

      (b) Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal control over
financial reporting.

      Date: October 5, 2007


                                                   /s/ Michael Ryan
                                                   -----------------------------
                                                   Chief Executive Officer
#### § 2.67 Calculation of taxes for property of pipeline companies constructed or acquired after January 1, 1970.

Pursuant to the provisions of section 441(a)(4)(A) of the Tax Reform Act of 1969, 83 Stat. 487, 625, natural gas pipeline companies which have exercised the option provided by that section to change from flow through accounting will be permitted by the Commission, with respect to liberalized depreciation, to employ a normalization method for computing Federal income taxes in their accounts and annual reports with respect to property constructed or acquired after January 1, 1970, to the extent to which such property increases the productive or operational capacity of the utility and is not a replacement of existing capacity. Such normalization will also be permitted for ratemaking purposes. As to balances in Account No. 282 of the Uniform System of Accounts, “Accumulated deferred income taxes—Other property,” it will remain the Commission's policy to deduct such balances from the rate base of natural gas pipeline companies in rate proceedings.

(Secs. 3, 4, 5, 8, 9, 10, 15, 16, 301, 304, 308, and 309 (41 Stat. 1063-1066, 1068, 1072, 1075; 49 Stat. 838, 839, 840, 841, 854-856, 858-859; 52 Stat. 822, 823, 825, 826; 76 Stat. 72; 82 Stat. 617; 16 U.S.C. 796, 797, 803, 808, 809, 816, 825, 825b, 825c, 825g, 825h, 826i); as amended, secs. 8, 10, and 16 (52 Stat. 825-826, 830; 15 U.S.C. 717c, 717d, 717g, 717h, 717i, 717o))

[Order 404, 35 FR 7964, May 23, 1970, as amended by Order 567, 42 FR 30612, June 16, 1977]
### THE THIRTEENTH COURT OF APPEALS

13

- 21

- 00191

- CR

Jesus Martinez Jr. v. The State of Texas
On Appeal from the 377th District Court of Victoria County , Texas Trial Court Cause No. 18

- 12

- 31240

- D

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having consider ed this cause on appeal, concludes that the judgment of the trial court should be affirmed

. The Court orders the judgment of the trial court AFFIRMED

. We further order this decision certified below for observance. August 30, 2022
H. Res. 494

In the House of Representatives, U.S.,

June 27, 2000.

Whereas the official motto of the State of Ohio—‘‘With God

All Things Are Possible’’—has been the State motto for

41 years, since October 1, 1959;

Whereas the motto is a powerful expression of hope and humility for all the people of Ohio;

Whereas the motto does not establish, promote, endorse, advance, or discriminate against any specific set of religious

beliefs;

Whereas the motto is consistent with the American tradition

of seeking spiritual guidance in matters of public affairs;

Whereas faith in God was a founding principle of the Nation

and the State of Ohio;

Whereas the motto helps promote positive values and citizenship in the youth of Ohio;

Whereas several States or territories and the United States

have mottoes or seals making explicit reference to God or

Providence;

Whereas the Declaration of Independence and the constitutions or preambles of 45 States make explicit reference

to a divine power;
2

•HRES 494 EH

Whereas since 1864, United States coins have borne the

motto ‘‘In God We Trust’’, which Congress made mandatory on all gold and silver coins in 1908 (35 Stat. 164,

ch. 173) and on all United States coins and currency in

1955 (69 Stat. 290, ch. 303);

Whereas in 1956, Congress declared the national motto of

the United States to be ‘‘In God we trust’’ (70 Stat. 732,

ch. 795); and

Whereas Members of Congress take an oath to uphold the

Constitution and vigilantly do so in the performance of

their legislative duties: Now, therefore, be it

Resolved, That—

(1) it is the sense of the House of Representatives

that—

(A) the Ohio State motto and other long-standing mottoes which make reference to God or Providence do so as long-accepted expressions consistent

with American tradition and rooted in the sentiments of the American people;

(B) such mottoes are ‘‘those references to God

that we accept in ceremonial phrases or in other

contexts that assure neutrality’’, Lynch v. Donnelly,

465 U.S. 668, 717 (1984) (Brennan, J., dissenting), and State and Federal courts should uphold them as such; and

(C) the decision of a three-judge panel of the

United States Court of Appeals for the Sixth Cir-
3

•HRES 494 EH

cuit striking down the Ohio State motto is a misinterpretation and misapplication of the United

States Constitution; and

(2) the House of Representatives—

(A) finds repugnant all misinterpretations and

misapplications of the Constitution by Federal

courts which disregard those references to God

which are well within the American tradition and

within the Constitution;

(B) supports the decision of the Governor and

the Attorney General of the State of Ohio to appeal

the ruling; and

(C) affirms its support for the Ohio State

motto and other State mottoes making reference to

a divine power.

Attest:

Clerk.
### §715j. "President" as including agencies, officers and employees

Wherever reference is made in this chapter to the President such reference shall be held to include, in addition to the President, any agency, officer, or employee who may be designated by the President for the execution of any of the powers and functions vested in the President under this chapter.

(Feb. 22, 1935, ch. 18, §11, 49 Stat. 33.)

#### **Executive Documents**

#### Delegation of Functions

Ex. Ord. No. 6979, Feb. 28, 1935, which designated and appointed Secretary of the Interior to execute powers and functions vested in President by this chapter except those vested in him by section 715c of this title, was superseded by Ex. Ord. No. 10752, set out below.

Ex. Ord. No. 7756, Dec. 1, 1937, 2 F.R. 2664, which delegated to Secretary of the Interior powers and functions vested in President under this chapter except those vested in him by section 715c of this title, and authorized Secretary to establish a Petroleum Conservation Division in Department of the Interior, the functions and duties of which shall be: (1) to assist, in such manner as may be prescribed by Secretary of the Interior, in administering said act, (2) to cooperate with oil and gas-producing States in prevention of waste in oil and gas production and in adoption of uniform oil- and gas-conservation laws and regulations, and (3) to keep informed currently as to facts which may be required for exercise of responsibility of President under section 715c of this title, was superseded by Ex. Ord. No. 10752, set out below.

#### Ex. Ord. No. 10752. Delegation of Functions to the Secretary of the Interior

Ex. Ord. No. 10752, Feb. 12, 1958, 23 F.R. 973, provided:

Section 1. The Secretary of the Interior is hereby designated and appointed as the agent of the President for the execution of all the powers and functions vested in the President by the act of February 22, 1935, 49 Stat. 30, entitled "An Act to regulate interstate and foreign commerce in petroleum and its products by prohibiting the shipment in such commerce of petroleum and its products produced in violation of State law, and for other purposes," as amended (15 U.S.C. 715 et seq.), except those vested in the President by section 4 of the act (15 U.S.C. 715c).

Sec. 2. The Secretary of the Interior may make such provisions in the Department of the Interior as he may deem appropriate to administer the said act.

Sec. 3. This Executive order supersedes Executive Order No. 6979 of February 28, 1935, Executive Order No. 7756 of December 1, 1937 (2 F.R. 2664), Executive Order No. 9732 of June 3, 1946 (11 F.R. 5985), and paragraph (q) of section 1 of Executive Order No. 10250 of June 5, 1951 (16 F.R. 5385).

Dwight D. Eisenhower.
### §239. Sale in containers of less capacity than barrel

When lime is sold in interstate or foreign commerce in containers of less capacity than the standard small barrel, it shall be sold in fractional parts of said standard small barrel, and the net weight of lime contained in such container shall by stencil or otherwise be clearly marked thereon, together with the name of the manufacturer thereof, and the name of the brand, if any, under which it is sold, and, if imported, the name of the country from which it is imported.

(Aug. 23, 1916, ch. 396, §3, 39 Stat. 530.)
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 on Form 10-K of Cambridge Heart, Inc. (the Company) for the period ended December 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the
Report), the undersigned, Roderick de Greef, Chief Financial Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, 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.



|                      |  |  |  |                         
|--------------------- |  |  |  | ------------------------
|                      |  | 
|Dated: March 31, 2006 |  |  |  | /s/    RODERICK DE
GREEF
|                      |  |  |  | Roderick de Greef       
|                      |  |  |  | Chief Financial Officer