alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>
                                                                      EXHIBIT 23


                        CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the following Registration
Statements of OM Group, Inc. of our report dated February 4, 2003, with respect
to the consolidated financial statements of OM Group, Inc. included in this
Annual Report (Form 10-K) for the year ended December 31, 2002:


Registration
 Statement                      Description                       Filing Date
------------                    -----------                       -----------
33-74674            OM Group, Inc. Long-Term Incentive          January 27, 1994
                    Compensation Plan--Form S-8 Registration
                    Statement--1,015,625 Shares

333-07529           OMG Americas, Inc. Employees' Profit        July 3, 1996
                    Sharing Plan--Form S-8 Registration
                    Statement--250,000 Shares

333-07531           OM Group, Inc. Non-Employees Directors'     July 3, 1996
                    Equity Plan--Form S-8 Registration
                    Statement--250,000 Shares

333-47230           OM Group, Inc. 1998 Long-Term Incentive     October 3, 2000
                    Compensation Plan--Form S-8 Registration
                    Statement--2,000,000 Shares

333-65852           OM Group, Inc. 1998 Long-Term Incentive     July 25, 2001
                    Compensation Plan--Form S-8 Registration
                    Statement--2,000,000 Shares



                                                           /s/ ERNST & YOUNG LLP


Cleveland, Ohio
March 19, 2003
Editorial Note on Part 225
Editorial Note: Nomenclature changes to part 225 appear at 69 FR 77618, Dec. 28, 2004.

§ 225.65 Appraiser independence. ( a ) *Staff appraisers.* If an appraisal is prepared by a staff appraiser, that appraiser must be independent of the lending, investment, and collection functions and not involved, except as an appraiser, in the federally related transaction, and have no direct or indirect interest, financial or otherwise, in the property. If the only qualified persons available to perform an appraisal are involved in the lending, investment, or collection functions of the regulated institution, the regulated institution shall take appropriate steps to ensure that the appraisers exercise independent judgment and that the appraisal is adequate. Such steps include, but are not limited to, prohibiting an individual from performing appraisals in connection with federally related transactions in which the appraiser is otherwise involved and prohibiting directors and officers from participating in any vote or approval involving assets on which they performed an appraisal.
( b ) *Fee appraisers.* ( 1 ) If an appraisal is prepared by a fee appraiser, the appraiser shall be engaged directly by the regulated institution or its agent, and have no direct or indirect interest, financial or otherwise, in the property or the transaction.
( 2 ) A regulated institution also may accept an appraisal that was prepared by an appraiser engaged directly by another financial services institution, if: ( i ) The appraiser has no direct or indirect interest, financial or otherwise, in the property or the transaction; and
( ii ) The regulated institution determines that the appraisal conforms to the requirements of this subpart and is otherwise acceptable.
[Reg. Y, 55 FR 27771, July 5, 1990, as amended at 59 FR 29501, June 7, 1994]
**EXHIBIT      32.2**

**CERTIFICATION      PURSUANT TO**

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

**AS      ADOPTED PURSUANT TO**

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

|                                      |                                             |                                                                                                                                                                                                                                                                                                                                                              |
|-------------------------------------------|--------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                                      | **IR                BIOSCIENCES HOLDINGS, INC.** |
|                                 |                                        |                                                                                                                                                                                                                                                                                                                                                         |
| Date: August                14, 2007 | By:                                    | /s/ John                N.                Fermanis                                                                |
|                                      | John                N. Fermanis                  |
|                                      | Chief                Financial Officer           |
<PAGE>

                                                                   EXHIBIT 23.1

              CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

Hollis-Eden Pharmaceuticals, Inc.
San Diego, CA

   We hereby consent to the incorporation by reference of our report dated
January 19, 2001 relating to the financial statements of Hollis-Eden
Pharmaceuticals, Inc., incorporated by reference into the Company's Annual
Report on Form 10-K for the year ended December 31, 2000, into the
prospectuses constituting a part of the following registration statements: No.
333-18725 on Form S-8 to Form S-4, No. 333-18725 on Form S-3 to Form S-4, No.
333-56155 on Form S-3, No. 333-56157 on Form S-3, No. 333-69725 on Form S-3,
No. 333-69727 on Form S-3, No. 333-72853 on Form S-3, No. 333-92179 on Form S-
3, No. 333-92185 on Form S-8, No. 333-96181 on Form S-3, 333-96181 on Form S-
3, 333-34180 on Form S-3, 333-51284 on Form S-3 and 333-51286 on Form S-8.

                                          BDO Seidman, LLP
New York, NY
March 28, 2001
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

February 18, 2004

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-40888

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

REYNALDO QUIROZ-ESCOBEDO,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. M-03-CR-123-1

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

Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.

PER CURIAM:*

Reynaldo Quiroz-Escobedo appeals his guilty plea conviction

for importation of more than 50 grams of methamphetamine. 

Quiroz-Escobedo argues that 21 U.S.C. §§ 952 and 960 were

rendered facially unconstitutional by Apprendi v. New Jersey, 530

U.S. 466, 490 (2000). Quiroz-Escobedo concedes that his argument

is foreclosed by our opinion in United States v. Slaughter, 238

F.3d 580, 581-82 (5th Cir. 2000), which rejected a broad

Apprendi-based attack on the constitutionality of 21 U.S.C.
No. 03-40888

-2-

§ 841. He raises the issue only to preserve it for Supreme Court

review. 

A panel of this court cannot overrule a prior panel’s

decision in the absence of an intervening contrary or superseding

decision by this court sitting en banc or by the United States

Supreme Court. Burge v. Parish of St. Tammany, 187 F.3d 452, 466

(5th Cir. 1999). No such decision overruling Slaughter exists. 

Accordingly, Quiroz-Escobedo’s argument is indeed foreclosed. 

The judgment of the district court is AFFIRMED.

The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that an appellee’s brief not be required. The motion is GRANTED. 

AFFIRMED; MOTION GRANTED.
#### Henry C. Glaser, as Executor, etc., Plaintiff, *v.*The New York Physicians Mutual Aid Assocation, Defendant.

(Supreme Court, New York Trial Term,

June, 1900.)

Interest — Where the time of default is uncertain.

Where a debtor is in default for not paying money, delivering property or rendering services, in pursuance of bis contract, be is chargeable with interest from the time of the default on the specified amount of money, or on the value of the property or services at the time it should have been paid or they should have been rendered.

Application for interest on plaintiff’s claim.

H. F. Andrews, for plaintiff.

John Sabin Smith, for defendant.

Gildersleeve, J.

The question to be determined is whether plaintiff is entitled to interest on his claim. At the time of the death of plaintiff’s testator, the said testator was a member in good standing of the defendant. On the 8th of February, 1899, letters testamentary were issued to the plaintiff. On April 19, 1899, proofs of the death of the said testator and proofs of the appointment of the plaintiff as executor were delivered to the defendant, and a demand made for the payment of $1,000, to which, under section 3 of article 5, of defendant’s by-laws, the plaintiff was entitled. Payment was refused, and an action was brought, in which the said plaintiff has been successful. It is a general principle of law that where a debtor is in default for not- paying money, delivering *68property, o-r rendering services, in pursuance of Ms contract, lie is chargeable with interest from the time of the default on the specified amount of money, or on the value of the property or services at the time they should have been paid or rendered. See Van Rensselaer v. Jewett, 2 N. Y. 135; Adams v. Fort Plain Bank, 36 id. 255; Board of Supervisors v. Clark, 92 id. 391. In the case at bar, it is difficult to determine the time of the default, owing to the wording of the by-laws of the defendant. I am inclined to the opinion that, under the circumstances, interest should be allowed on the claim from the 20th day of May, 1899. This allows the defendant thirty days after proof of death, in which to, collect assessments, and seems to he, under the circumstances, a reasonable time for payment.

Ordered accordingly.
#### § 45.410 Enforcement.

The head of each agency shall take such actions as are necessary to ensure that the provisions herein are vigorously implemented and enforced in that agency.
NUMBER 13-24-00050-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

 

IN THE INTEREST OF D.P.M.A., A CHILD

 

ON APPEAL FROM THE 138TH DISTRICT COURT

OF CAMERON COUNTY, TEXAS

 

MEMORANDUM OPINION

Before Justices Benavides, Tijerina, and Silva

Memorandum Opinion by Justice Benavides

Appellant I.S.N.1filed a pro se notice of appeal from an order denying her motion 

for a new trial. On January 30, 2024, the Clerk of this Court advised appellant that it 

appeared that there was not a final, appealable order. See TEX. R. APP. P. 37.1, 42.3(a). 

The Clerk informed appellant that the appeal would be dismissed if this defect was not 

cured within ten days. See id. R. 37.1, 42.3(a). To date, appellant has not responded to 

the Clerk’s notice or corrected the defect in the appeal.

1 To protect the privacy of the parties involved, we refer to them by initials. See TEX. FAM. CODE

ANN. § 109.002(d); TEX. R. APP. P. 9.8(b)(2).
2

The Court, having examined and fully considered the documents on file, is of the 

opinion that the appeal should be dismissed. Appellant’s notice of appeal assails a 

December 20, 2022 order2rendered against her which denies her motion for new trial 

“on denial of appeal from CPS Court.” However, an order denying a motion for new trial 

is not independently appealable. In re B.L.R., 592 S.W.3d 453, 462 (Tex. App.—Houston 

[1st Dist.] 2018, no pet.); In re Adams, 416 S.W.3d 556, 560 (Tex. App.—Tyler 2013, orig. 

proceeding); State Office of Risk Mgmt. v. Berdan, 335 S.W.3d 421, 428 (Tex. App.—

Corpus Christi–Edinburg 2011, pet. denied). Accordingly, we dismiss this appeal. See id.

R. 42.3(a).

GINA M. BENAVIDES

Justice

Delivered and filed on the

11th day of April, 2024.

2 We note that appellant’s notice of appeal was filed on January 12, 2023 in district court but was 

not filed with our Court until January 24, 2024. Given our disposition of this appeal, we need not further 

examine this anomaly. We further note that the district clerk’s office has furnished this Court with a copy of 

the final judgment in this case, the “Order of Termination,” signed by the associate judge on March 24, 

2022, and adopted by the judge of the trial court on April 3, 2022. The final judgment terminates I.S.N.’s 

parental rights to D.P.M.A., and reflects that appellant was represented by counsel in that proceeding. Our 

records do not reflect that appellant filed a notice of appeal from that final judgment.
**Exhibit 23.2**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to the incorporation byreference in the Registration Statements (Form S-8 Nos. 33-80706 and 33-65756) pertaining to the 1993 Employee Stock Option Plan and the 1993 Director Stock Option Plan of OPTi Inc. of our report dated June 27, 2008 with respect to the consolidatedfinancial statements of OPTi Inc. included in the Annual Report (Form 10-K) for the year ended March 31, 2008. 

/s/ ERNST& YOUNG LLP 

Palo Alto, California 

June 29, 2009
<PAGE>

                                                                    Exhibit 23.1

               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

Casino Resource Corporation
Biloxi, Mississippi

   
We hereby consent to the incorporation by reference in the Company's previously
filed Registration Statements (file no. 33-31534) of our report dated 
November 5, 1996 except for Note 14 as to which the date is December 26, 1996,
and Note 6 as to which the date is May 19, 1997, relating to the consolidated
financial statements of Casino Resource Corporation appearing in the Company's 
Annual Report on Form 10-KSB for the year ended September 30, 1996.
    


   
Chicago, Illinois                                               BDO SEIDMAN, LLP
May 27, 1997
#### § 223.13 What safety and soundness requirement applies to covered transactions?

A member bank may not engage in any covered transaction, including any transaction exempt under this regulation, unless the transaction is on terms and conditions that are consistent with safe and sound banking practices.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION FROM THE REGISTRANT'S
FINANCIAL STATEMENTS AS OF AND FOR THE NINE MONTH PERIOD ENDED OCTOBER 31, 1998,
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JAN-31-1999
<PERIOD-START>                             FEB-01-1998
<PERIOD-END>                               OCT-31-1998
<CASH>                                       1,276,863
<SECURITIES>                                         0
<RECEIVABLES>                                5,661,013
<ALLOWANCES>                                   438,600
<INVENTORY>                                 32,558,082
<CURRENT-ASSETS>                            39,410,016
<PP&E>                                      36,172,005
<DEPRECIATION>                              21,929,854
<TOTAL-ASSETS>                              53,925,493
<CURRENT-LIABILITIES>                       34,530,646
<BONDS>                                        799,114
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        37,289
<OTHER-SE>                                  15,306,803
<TOTAL-LIABILITY-AND-EQUITY>                53,925,493
<SALES>                                    101,589,223
<TOTAL-REVENUES>                           101,589,223
<CGS>                                       66,496,756
<TOTAL-COSTS>                               66,496,756
<OTHER-EXPENSES>                            33,799,777
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,066,097
<INCOME-PRETAX>                                292,014
<INCOME-TAX>                                   290,000
<INCOME-CONTINUING>                              2,014
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,014
<EPS-PRIMARY>                                      .00
<EPS-DILUTED>                                      .00
        

</TABLE>
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Treasury

###### Internal Revenue Service

# AGENCY:

Internal Revenue Service (IRS), Treasury.

# ACTION:

Notice of meeting.

# SUMMARY:

An open meeting of the Taxpayer Advocacy Panel Small Business/Self Employed Issue Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service.

# DATES:

The meeting will be held Thursday, November 19, 2009.

# FOR FURTHER INFORMATION CONTACT:

Janice Spinks at 1-888-912-1227 or 206-220-6098.

# SUPPLEMENTARY INFORMATION:

                    Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Taxpayer Advocacy Panel Small Business/Self Employed Issue Committee will be held Thursday, November 19, 2009, at 8:30 a.m. Pacific Time via telephone conference. The public is invited to make oral comments or submit written statements for consideration. Due to limited conference lines, notification of intent to participate must be made with Janice Spinks. For more information please contact Ms. Spinks at 1-888-912-1227 or 206-220-6098, or write TAP Office, 915 2nd Avenue, MS W-406, Seattle, WA 98174 or post comments to the Web site:                     *http://www.improveirs.org.*

The agenda will include various IRS issues.

Dated: October 1, 2009.

Shawn F. Collins,

Acting Director, Taxpayer Advocacy Panel.

[FR Doc. E9-24105 Filed 10-6-09; 8:45 am]

BILLING CODE 4830-01-P
Exhibit 10.1 Q2 2015






Exhibit 10.1


THIRD LEASE AMENDMENT


In consideration of the rents and covenants set forth herein and in the Lease (as defined below), Landlord and Tenant hereby amend the Lease.


BASIC LEASE PROVISIONS


		
	A.
	DATE:        The date of this Third Lease Amendment is February 27, 2015.




		
	B.
	LEASE:        That certain lease dated as of July 2, 2001, as amended by that certain


Lease Amendment dated August 19, 2002 and that certain Lease Amendment dated September 25, 2002.


		
	C.
	LANDLORD:    Delegates LLC, an Arizona limited liability company.




		
	D.
	TENANT:        Universal Technical Institute of Phoenix, Inc., fka The Clinton Harley 


Corporation, a Delaware corporation.


		
	E.
	PREMISES:    9755 Delegates Drive, Orlando, Florida 




ARTICLE 1
TERM


Landlord and Tenant hereby agree that the Term of the Premises shall be extended from July 1, 2016 to expire at midnight on August 31, 2022.


ARTICLE 2
RENT


Commencing on July 1, 2016, the provisions of Article 3 Rent shall be and hereby are deleted and replaced in their entirety by the following rent provision:


Tenant shall pay, in advance, to Landlord, as rent for the premises, without notice, demand, deduction or any setoff whatsoever at the address of Landlord as set forth in Paragraph J of the Basic Lease Provisions or such other address as may be specified by Landlord, the following amounts, payable monthly on the first day of each month during the Term hereof.


	
				
	Time Period
	Number of Months
	Annual Triple Net Base Rent Per Square Foot
	Annual Triple Net Base Rent

	07/01/16-12/31/16
	6
	 $15.09 
	$477,726.76

	10/01/17-12/31/17
	12
	 $15.54 
	$983,946.18

	01/01/18-12/31/18
	12
	 $16.01 
	$1,013,705.10

	01/01/19-12-31/19
	12
	 $16.49 
	$1,044,097.30

	01/01/20-12/31/20
	12
	 $16.98 
	$1,075,122.60

	01/01/21-12-31/21
	12
	 $17.49 
	$1,107,414.30

	01/01/22-08/31/22
	8
	 $18.02 
	$760,648.20















ARTICLE 3
EFFECT


Other than as set forth above, the Lease shall remain in full force and effect.




IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written.


LANDLORD:


Delegates LLC, an Arizona limited liability company


By:  The White Family trust, managing member




By:    /s/ R. Randy Stolworthy                    
R. Randy Stolworthy, Trustee




TENANT:


Universal Technical Institute of Phoenix, Inc., fka The Clinton Harley Corporation, a Delaware corporation




By:    /s/ Eugene Putnam                    
Eugene Putnam, President and CFO
HomeRulemaking – Office of Directives Management...Recent Rules Activity

# 									Recent Rules Activity							

Back to Top
----

Euro exchange rates (1)

7 February 2005

(2005/C 33/02)

1 euro= 

----

(1)

Source: reference exchange rate published by the ECB.

----
Exhibit 32.1


CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002








The undersigned hereby certifies, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to his knowledge, the Annual Report on Form 10-K of Calypte Biomedical Corporation (the “Company”) for the year ended December 31, 2010 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such report fairly presents, in all material respects, the financial condition and results of operations of the Company.




May 25, 2011








/s/ Adel Karas


Adel Karas


President, Chief Executive Officer and


Chief Financial Officer (Principal Executive


and FinancialOfficer)