alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
617 P.2d 1152

#### Charles F. HYDER, Maricopa County Attorney, State of Arizona, Petitioner, v. SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA; William Moroney, Judge; Anthony Lack, Real Party in Interest, Respondents.

No. 15041.

Supreme Court of Arizona, En Banc.

Sept. 24, 1980.

*37Charles F. Hyder, Maricopa County Atty. by Vince Imbordino, Deputy County Atty., Phoenix, for petitioner.

Bendalin, Galasky & Friedl by William J. Friedl and Anthony A. LaRiche, Phoenix, for respondent Lack.

PER CURIAM.

We accepted jurisdiction of a Petition for Special Action brought by the Maricopa County Attorney. Prior to trial, the Superior Court ruled that evidence of polygraph examinations given to defendant would, after proper foundation, be admitted in evidence. The County Attorney objected urging that polygraph results are admissible only if so stipulated by both parties, citing *State of Arizona v. Treadaway,*116 Ariz. 163, 568 P.2d 1061 (1977). By this action the state sought relief from the court’s ruling. We agree with the position taken by the state.

Since this point was decided in *State v. Valdez,*91 Ariz. 274, 371 P.2d 894 (1962), the Arizona Supreme Court has consistently taken the position that polygraph evidence is inadmissible except by stipulation. The trial court, in ruling to the contrary, exceeded its jurisdiction.

Counsel for the defendant urges that the court’s ruling was based on an attempt to rectify a situation where the County Attorney had misled the defendant regarding a plea agreement. Acceptance of jurisdiction in this action contains no implication as to our position on the plea negotiations or actions of the parties regarding a plea agreement.

Relief sought by petitioner granted. Remanded for further proceedings consistent herewith.
Exhibit








EXHIBIT 10.1


AMENDMENT TO EMPLOYMENT AGREEMENT
 
THIS AMENDMENT (this “Amendment”), dated May 8, 2017, effective as of November 17, 2016, is made by and between VISHAY PRECISION GROUP, INC. a Delaware corporation (the “Company”) and WILLIAM CLANCY (the “Executive”).
WHEREAS, the Company and the Executive are parties to an employment agreement, dated November 17, 2010, as amended (the “Employment Agreement”); 
WHEREAS, Section 8.5 of the Employment Agreement provides that the Company and the Executive may amend the Employment Agreement by mutual agreement in writing; and 
WHEREAS, the Company and the Executive desire to amend the Employment Agreement as set forth herein (the “Amendment”).
NOW THEREFORE, in consideration of the premises and the mutual benefits to be derived herefrom and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1.    Section 6.2(a)(ii) of the Employment Agreement is hereby amended in its entirety to read as follows:
“Continued Payment of Executive’s then current Base Salary from the Date of Termination for the eighteen month period following the Date of Termination, to be paid in accordance with the Company’s standard payroll practices as in effect from time to time.”
2.    Section 6.2(a)(v) shall be added to the Employment Agreement, as follows:
“Monthly payments equal to the applicable monthly premium for health continuation coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”) for eighteen months following the Date of Termination, or if earlier, the date upon which the Executive receives health insurance coverage from another employer.”
3.    Except as set forth in this Amendment, all other terms and conditions of the Employment Agreement, as amended, shall remain unchanged and in full force and effect.
4.    This Amendment may be executed in one or more counterparts, each of which shall for all purposes be deemed to be an original and all of which shall constitute the same instrument.


[signature page follows]





















IN WITNESS WHEREOF, the Company has caused this Amendment to be executed by its duly authorized officer, and Executive has executed this Amendment, in each case on the 8 day of May, 2017.


VISHAY PRECISION GROUP, INC.
By:    /s/ Roland. B. Desilets
Roland B. Desilets                    
Title:    Vice President and General Counsel                    


WILLIAM CLANCY
/s/ William M. Clancy
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

July 29, 2008 Clifford W. Taylor,

 Chief Justice 

136202 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: 136202 

 COA: 269298 

Genesee CC: 05-017154-FC 

OMAR RASHAD POUNCY,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the March 25, 2008 

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. 

t0721 

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. 

July 29, 2008 

 Clerk
EXHIBIT 11 - CALCULATION OF NET INCOME (LOSS) PER COMMON SHARE

                                 MICROAGE, INC.
                 NET INCOME (LOSS) PER COMMON SHARE CALCULATION
                                 (in thousands)

                                                            Quarter ended
                                                     ---------------------------
                                                     January 31,     February 1,
                                                        1999             1998
                                                     -----------     -----------
BASIC
  Weighted average common shares                       20,344           19,456
                                                      -------         --------

DILUTED
  Weighted average shares from basic
    calculation                                        20,344           19,456

  Dilutive effect of stock options and warrants           690               --
                                                      -------         --------
    Weighted average common and common
      equivalent shares outstanding - diluted          21,034           19,456
                                                      -------         --------

NET INCOME  (LOSS)                                    $ 2,066         $ (6,116)

Net income (loss) per common and common
  equivalent share:
    Basic                                             $  0.10         $  (0.31)
                                                      =======         ========
    Diluted                                           $  0.10         $  (0.31)
                                                      =======         ========
118TH CONGRESS 

2D SESSION H. R. 8063 

AN ACT 

To authorize the Secretary of the Army to posthumously 

award the Distinguished Service Cross to William D. 

Owens for his valorous actions from June 6, 1944, to 

June 8, 1944, during World War II at La Fiere Bridge 

in Normandy, France, while serving with the 505th 

Parachute Infantry. 
2 

•HR 8063 EH

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

3 SECTION 1. AUTHORIZATION FOR POSTHUMOUS AWARD OF 

4 THE DISTINGUISHED SERVICE CROSS TO WIL5 LIAM D. OWENS FOR ACTS OF VALOR AT LA 

6 FIERE BRIDGE. 

7 (a) WAIVER OF TIME LIMITATIONS.—Notwith8 standing the time limitations specified in section 7274 of 

9 title 10, United States Code, or any other time limitation 

10 with respect to the awarding of certain medals to persons 

11 who served in the Armed Forces, the Secretary of the 

12 Army may award the Distinguished Service Cross under 

13 section 7272 of such title to William D. Owens for the 

14 acts of valor at La Fiere Bridge described in subsection 

15 (b). 

16 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

17 referred to in subsection (a) are the actions of William 

18 D. Owens from June 6, 1944, to June 8, 1944, at La 

19 Fiere Bridge for which he was previously awarded the 

20 Bronze Star Medal. 

Passed the House of Representatives May 8, 2024. 

Attest: 

Clerk. 

118TH CONGRESS 

2D SESSION H. R. 8063 

AN ACT 

To authorize the Secretary of the Army to postInfantry. France, while serving with the 505th Parachute World War II at La Fiere Bridge in Normandy, from June 6, 1944, to June 8, 1944, during to William D. Owens for his valorous actions humously award the Distinguished Service Cross
H. Res. 99

In the House of Representatives, U.S.,

March 10, 2005.

Whereas on March 11, 2004, terrorists affiliated with Al

Qaeda coordinated 10 bomb explosions at the Atocha,

Santa Eugenia, and El Pozo del Tio Raimundo stations

and aboard a commuter train during the morning rush

hour in Madrid;

Whereas 191 individuals were killed and more than 1,800 individuals were wounded in these horrific terrorist attacks;

Whereas these terrorist bombing attacks were the deadliest in

Europe since the bombing of Pan Am Flight 103 in

1988;

Whereas these attacks constitute the worst acts of terrorism

ever experienced in Spanish history;

Whereas Spain’s investigation into the Basque Fatherland

and Liberty terrorist organization, also known as

Euzkadi Ta Askatasuma (ETA), has made progress in

the Global War on Terrorism;

Whereas the leaders of Spain have worked vigorously to identify and capture terrorists who attempt to find sanctuary

in Spain;

Whereas the Club de Madrid, an independent organization of

democratic former heads of state and government dedicated to strengthening democracy around the world, is
2

•HRES 99 EH

convening an international summit on democracy, terrorism, and security under the High Patronage of His

Majesty the King of Spain to commemorate the one year

anniversary of the terrorist attacks in Madrid;

Whereas the atrocious acts of violence committed on March

11, 2004, in Madrid show yet again that terrorism knows

no borders;

Whereas the United States and Spain are committed to continuing to strengthen the relationship between the United

States and Europe;

Whereas Spain is an advocate for the ideals of freedom and

democracy; and

Whereas the people of the United States stand together with

the people of Spain to remember those individuals who

lost their lives on the one year anniversary of these horrific terrorist attacks: Now, therefore, be it

Resolved, That the House of Representatives—

(1) expresses its condolences to the families of the

individuals killed in the terrorist bombing attacks in Madrid that occurred on March 11, 2004, and expresses its

deepest sympathy to the individuals injured in such attacks and to the people of the Kingdom of Spain on the

one year anniversary of the attacks;

(2) condemns the terrorist attacks that occurred on

March 11, 2004, and all acts of terror worldwide; and
3

•HRES 99 EH

(3) expresses its solidarity with Spain and all other

countries that have been attacked during the Global War

on Terrorism.

Attest:

Clerk.
EXHIBIT 32.2
                                                                    ------------



                           SECTION 1350 CERTIFICATION

     I, Edward P. Smolyansky, certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the
Quarterly Report of Lifeway Foods, Inc. (the "Company") on Form 10-QSB for three
month period ended September 30, 2005:

          (1) fully complies with the requirements of section 13(a) or 15(d) of
     the Securities Exchange Act of 1934; and

          (2) that the information contained in the report fairly presents, in
     all material respects, the financial condition and results of operations of
     the Company.

     This written statement is being furnished to the Securities and Exchange
Commission as an exhibit to such Form 10-QSB. 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.





Date: November 15, 2005                   /s/ Edward P. Smolyansky
                                          --------------------------------------
                                          Chief Financial and Accounting Officer
                                          and Treasurer
# C_2015046EN.01005801.xml

| 9.2.2015 | EN | Official Journal of the European Union | C 46/58 |
| --- | --- | --- | --- |

9.2.2015

EN

Official Journal of the European Union

C 46/58

---

Action brought on 6 December 2014 — Skype v OHIM — Sky International (SKYPE)

(Case T-797/14)

(2015/C 046/74)

Language in which the application was lodged: English

Parties

Parties

Applicant: Skype (Dublin, Ireland) (represented by: A. Carboni and M. Browne, solicitors)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Defendant:

Other party to the proceedings before the Board of Appeal: Sky International AG (Zug, Suisse)

Other party to the proceedings before the Board of Appeal:

Details of the proceedings before OHIM

Details of the proceedings before OHIM

Applicant of the trade mark at issue: Applicant

Applicant of the trade mark at issue:

Trade mark at issue: Community word mark ‘SKYPE’ — Application for registration No 9 7 24  394

Trade mark at issue:

Procedure before OHIM: Opposition proceedings

Procedure before OHIM

Contested decision: Decision of the Fourth Board of Appeal of OHIM of 29 September 2014 in Case R 1075/2013-4

Contested decision

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision and remit the application to OHIM to allow it to proceed; |
| --- | --- |

—

annul the contested decision and remit the application to OHIM to allow it to proceed;

| — | order OHIM and any intervening parties to pay their own costs and applicant’s costs and those of the appeal before the Fourth Board of Appeal in Case R 1075/2013-4 and of Opposition B 1 870 834 before the Opposition Division. |
| --- | --- |

—

order OHIM and any intervening parties to pay their own costs and applicant’s costs and those of the appeal before the Fourth Board of Appeal in Case R 1075/2013-4 and of Opposition B 1 870 834 before the Opposition Division.

Plea in law

Plea in law

| — | Infringement of Article 8(1)(b) of Regulation No 207/2009. |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation No 207/2009.

---
## In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06

- 14

- 00208

- CR

TONY DEWAYNE CRAYTON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 8th District Court

Hopkins County, Texas

Trial Court No. 1323670

Before Morriss, C.J., Moseley and Burgess, JJ.2 

### O R D E R

Tony Dewayne Crayton appeals from his conviction of murder and the resulting sentence

of fifty years’ imprisonment . The reporter’s record in this matter was filed January 27, 2015, and

the clerk’s record was filed March 26, making Crayton’ s brief originally due April 27. This

deadline was extended twice by this Court on the motions of Crayto n’s appellate counsel, Martin E.

Braddy, resulting in the most recent due date of June 17, 2015. Braddy has now filed a third

motion seeking an additional extension of Crayton’s briefing deadline.

We have reviewed the third motion to extend time as well as the appellate record, and we

find no compelling information to convince us that this brief requires more time to prepare. The

motion to extend time to file Crayton’s appellate brief is overruled.

We order Braddy to file Crayton’s appellat e brief with this Court on or before July 8, 201 5

.

IT IS SO ORDERED.

BY THE COURT

Date: June 23, 2015
IB 

Union Calendar No. 219 

118TH CONGRESS 

1ST SESSION H. R. 786 

[Report No. 118–271] 

To amend title 28, United States Code, to provide an additional place for 

holding court for the Pecos Division of the Western District of Texas, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2023 

Mr. TONY GONZALES of Texas (for himself, Mr. LARSEN of Washington, and 

Ms. DELBENE) introduced the following bill; which was referred to the 

Committee on the Judiciary 

NOVEMBER 13, 2023 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 786 RH

A BILL 

To amend title 28, United States Code, to provide an additional place for holding court for the Pecos Division 

of the Western District of Texas, and for other purposes. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•HR 786 RH

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

3 SECTION 1. ADDITIONAL PLACES FOR HOLDING COURT. 

4 (a) PECOS DIVISION OF THE WESTERN DISTRICT OF

5 TEXAS.—Section 124(d)(6) of title 28, United States 

6 Code, is amended, in the matter preceding paragraph (7), 

7 by inserting ‘‘and Alpine’’ after ‘‘Pecos’’. 

8 (b) WESTERN DISTRICT OF WASHINGTON.—Section 

9 128(b) of title 28, United States Code, is amended by in10 serting ‘‘Mount Vernon,’’ after ‘‘Tacoma,’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
Union Calendar No. 219 

118TH CONGRESS 

1ST SESSION H. R. 786 

[Report No. 118–271] 

A BILL 

To amend title 28, United States Code, to provide 

and for other purposes. Pecos Division of the Western District of Texas, an additional place for holding court for the 

NOVEMBER 13, 2023 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
§ 1.1031(d)-1T Coordination of section 1060 with section 1031 (temporary). If the properties exchanged under section 1031 are part of a group of assets which constitute a trade or business under section 1060, the like-kind property and other property or money which are treated as transferred in exchange for the like-kind property shall be excluded from the allocation rules of section 1060. However, section 1060 shall apply to property which is not like-kind property or other property or money which is treated as transferred in exchange for the like-kind property. For application of the section 1060 allocation rules to property which is not part of the like-kind exchange, see § 1.1060-1(b), (c), and (d) *Example 1 in § 1.338-6(b) , to which reference is made by § 1.1060-1(c)(2) .* [T.D. 8215, 53 FR 27044, July 18, 1988, as amended by T.D. 8858, 65 FR 1237, Jan. 7, 2000; T.D. 8940, 66 FR 9929, Feb. 13, 2001]
Editorial Note on Part 886
Editorial Note: Nomenclature changes to part 886 appear at 73 FR 35341, June 23, 2008.

§ 886.4445 Permanent magnet. ( a ) *Identification.* A permanent magnet is a nonelectric device that generates a magnetic field intended to find and remove metallic foreign bodies from eye tissue.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter, subject to the limitations in § 886.9. The device is also exempt from the current good manufacturing practice requirements of the quality system regulation in part 820 of this chapter, with the exception of § 820.180, with respect to general requirements concerning records, and § 820.198, with respect to complaint files.
[52 FR 33355, Sept. 2, 1987, as amended at 53 FR 35606, Sept. 14, 1988; 66 FR 38813, July 25, 2001]
#### §§ 1.103-2-1.103-6 [Reserved]
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-Q
FOR PERIOD ENDED JUNE 30, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-START>                             OCT-01-1996
<PERIOD-END>                               JUN-30-1997
<CASH>                                             475
<SECURITIES>                                         0
<RECEIVABLES>                                    8,490
<ALLOWANCES>                                       782
<INVENTORY>                                      7,170
<CURRENT-ASSETS>                                17,249
<PP&E>                                          51,147
<DEPRECIATION>                                  19,248
<TOTAL-ASSETS>                                  53,542
<CURRENT-LIABILITIES>                           10,421
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         5,875
<OTHER-SE>                                       4,704
<TOTAL-LIABILITY-AND-EQUITY>                    53,542
<SALES>                                         14,182
<TOTAL-REVENUES>                                31,477
<CGS>                                            9,543
<TOTAL-COSTS>                                   19,300
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,940
<INCOME-PRETAX>                                  1,823
<INCOME-TAX>                                       609
<INCOME-CONTINUING>                              1,214
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,214
<EPS-PRIMARY>                                     0.11
<EPS-DILUTED>                                     0.11
        

</TABLE>
**Exhibit32**

## **CERTIFICATION**

**The undersigned certify pursuant to18 U.S.C. § 1350, that:**
| (1)    | The accompanying Quarterly Report  on Form 10-QSB/A for the period ended July 31, 2006 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 accompanying Report fairly  presents, in all material respects, the financial condition and results of  operations of the Company.                               |

 
| Date:  | January 29, 2007                      |   | /s/ Rodney A. Young |                |
|--------|---------------------------------------|--------|---------------------|---------------------|
|   | Rodney A. Young                       |
|   | President and Chief Executive Officer |
|   |                                  |
|   |                                  |
| Date:  | January 29, 2007                      |   |                | /s/ Dale H. Johnson |   |
|   | Dale H. Johnson                       |
|   | Chief Financial Officer               |
|        |                                       |        |                     |                     |  |  |  |

 

1

----
Exhibit 16(a)

                       [LETTERHEAD OF GRANT THORNTON LLP]

June 8, 2000

Securities and Exchange Commission
450 5th Street, N.W.
Washington, D.C. 20549

                    Re: Nantucket Industries, Inc.
                        SEC File Number 1-8509

Gentlemen:

We  have  reviewed  Item  9.  "Changes  in  Disagreements  With  Accountants  on
Accounting  and  Financial  Disclosure"  in the  annual  report  on form  10K of
Nantucket Industries, Inc. for the fiscal year ended February 27, 2000 and agree
with the statement contained therein.

/s/ Grant Thornton LLP