alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
N OTE : This disposition is nonprecedential.



# United States **Court of Appeals** 
**for the Federal Circuit**

______________________

IN RE FRANK TOPPO

______________________

2013

- 1077

______________________

Appeal from the United State s Patent and Trademark Office, Patent Trial and Appeal Board in S erial No. 11/491,718

.

______________________

JUDGMENT

______________________

S EAN A. P ASSINO , Lowe Hauptman, Ham & Berner, LLP, of Alexandria, Virginia, argued for appellant. With

him on the brief were B ENJAMIN J. H AUPTMAN and

B ENJAMIN P. K OTA

.

A MY J. N ELSON , Associate Solicitor, United States P atent and Trademark Office, of Alexandria, Virginia, argued for appellee. With her on the brief were N ATHAN
K. K ELLEY , Deputy Solicitor, and J AMIE L. S IMPSON

, Associate Solicitor.

______________________

T HIS C AUSE having been heard and considered, it is

O RDERED and A DJUDGED :P ER C URIAM (P ROST

, B RYSON

, and T ARANTO

, Circuit Judge s ).

AFFIRMED

. See Fed. Cir. R. 36.

E NTERED BY O RDER OF THE C OURT

June 13

, 2013 /s/ Jan Horbaly

Date Jan Horbaly

Clerk
§ 27.66 Discontinuance, reduction, or impairment of service. ( a ) *Involuntary act.* If the service provided by a fixed common carrier licensee, or a fixed common carrier operating on spectrum licensed to a Guard Band Manager, is involuntarily discontinued, reduced, or impaired for a period exceeding 48 hours, the licensee must promptly notify the Commission, in writing, as to the reasons for discontinuance, reduction, or impairment of service, including a statement when normal service is to be resumed. When normal service is resumed, the licensee must promptly notify the Commission.
( b ) *Voluntary act by common carrier.* If a fixed common carrier licensee, or a fixed common carrier operating on spectrum licensed to a Guard Band Manager, voluntarily discontinues, reduces, or impairs service to a community or part of a community, it must obtain prior authorization as provided under § 63.71 of this chapter. An application will be granted within 31 days after filing if no objections have been received.
( c ) *Voluntary act by non-common carrier.* If a fixed non-common carrier licensee, or a fixed non-common carrier operating on spectrum licensed to a Guard Band Manager, voluntarily discontinues, reduces, or impairs service to a community or part of a community, it must given written notice to the Commission within seven days.
( d ) *Notifications and requests.* Notifications and requests identified in paragraphs(a) through (c) of this section should be sent to: Federal Communications Commission, Common Carrier Radio Services, 1270 Fairfield Road, Gettysburg, Pennsylvania, 17325.
[65 FR 3149, Jan. 20, 2000; 65 FR 12483, Mar. 9, 2000, as amended at 65 FR 17605, Apr. 4, 2000; 65 FR 57267, Sept. 21, 2000]
|    |                                                                                                            |
|----|------------------------------------------------------------------------------------------------------------|
| 1. | I have reviewed this Amendment No. 1 to the annual report on Form 10-K of ArthroCare Corporation; and |

|    |                                                                                                                                                                                                                                                                                                            |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 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. |

|                      |
|----------------------|
|                      |  |  |  |  |
| Date: April 30, 2014 |   | By: |   | /s/ DAVID FITZGERALD |
|                 |   |   |   | David Fitzgerald President and Chief Executive Officer |
#### § 60-30.21 Oral argument.

Any party shall be entitled upon request to a reasonable period between the close of evidence and termination of the hearing for oral argument. Oral arguments shall be included in the official transcript of the hearing.
§ 53.201 Services for which a section 272 affiliate is required. For the purposes of applying section 272(a)(2) of the Act: ( a ) *Previously authorized activities.* When providing previously authorized activities described in section 271(f) of the Act, a BOC shall comply with the following: ( 1 ) A BOC shall provide previously authorized interLATA information services and manufacturing activities through a section 272 affiliate no later than February 8, 1997.
( 2 ) A BOC shall provide previously authorized interLATA telecommunications services in accordance with the terms and conditions of the orders entered by the United States District Court for the District of Columbia pursuant to section VII or VIII(C) of the AT&T Consent Decree that authorized such services.
( b ) *InterLATA information services.* A BOC shall provide an interLATA information service through a section 272 affiliate when it provides the interLATA telecommunications transmission component of the service either over its own facilities, or by reselling the interLATA telecommunications services of an interexchange provider.
( c ) *Out-of-region interLATA information services.* A BOC shall provide out-of-region interLATA information services through a section 272 affiliate.
#### § 302-9.303 If I am authorized to transport my POV within CONUS, where must the transportation originate?

If you are authorized to transport your POV within CONUS, the transportation must originate as illustrated in the following table:

| If you are a | Your transportation must originate at your |
| --- | --- |
| (a) Transferee | Old official station. |
| (a) New appointee or Student trainee | Place of actual residence. |
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 19

- 10654 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

–

Appellee ,

v.
RESHAWN MOSSES LEAL , Defendant

– Appellant

.

Appeal from the United States District Court for the Northern District of Texas USDC No. 1:18

- CR

- 75

- 1

Before JONES, HIGGINSON, and WILLETT, Circuit Judges. PER CURIAM: *
The attorney appointed to represent Reshawn Mosses Leal has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Leal has filed a response. We have reviewed counsel’s brief and the relevant po rtions of the record reflected therein , as well as Leal ’ s response . We concur with counsel’s assessment that the appeal presents no nonfrivolous

* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED July 6, 2020 Lyle W. Cayce Clerk Case: 19-10654 Document: 00515477557 Page: 1 Date Filed: 07/06/2020No. 19

- 10654

2 issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excuse d from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2. Case: 19-10654 Document: 00515477557 Page: 2 Date Filed: 07/06/2020
#### § 105-54.203 Advisory committee charters.

No advisory committee may operate, meet, or take any action until the Administrator approves its charter and the Committee Management Officer sends a copy of it to the standing committees of the Senate and the House of Representatives having legislative jurisdiction over GSA.
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

820 

KA 10-01431 

PRESENT: SCUDDER, P.J., CARNI, LINDLEY, AND MARTOCHE, JJ.

 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, 

V MEMORANDUM AND ORDER

JOSEPH G. SHAFFNER, DEFENDANT-APPELLANT.

 

DOMINIC PAUL CANDINO, BUFFALO, FOR DEFENDANT-APPELLANT. 

 

Appeal from a judgment of the Allegany County Court (Thomas P.

Brown, J.), rendered January 13, 2010. The judgment convicted

defendant, upon his plea of guilty, of burglary in the first degree. 

It is hereby ORDERED that the judgment so appealed from is

unanimously affirmed. 

Memorandum: Defendant appeals from a judgment convicting him

upon his plea of guilty of burglary in the first degree (Penal Law §

140.30 [2]). Upon “considering all the relevant facts and

circumstances surrounding [defendant’s] waiver” of the right to

appeal, we agree with defendant that the record fails to demonstrate

that the waiver was knowingly, intelligently and voluntarily entered

(People v Seaberg, 74 NY2d 1, 11; see People v Lopez, 6 NY3d 248,

256). Thus, we consider the merits of his challenge to the severity

of the sentence (cf. Lopez, 6 NY3d at 255). Contrary to defendant’s

contention, however, the sentence is not rendered unduly harsh or

severe by the fact that his codefendant received a lesser sentence

(see People v Whitehead, 49 AD3d 1242), or by the fact that defendant

was offered a lesser sentence as part of an earlier plea bargain. The

sentence otherwise is not unduly harsh or severe. To the extent that

defendant’s contention that he was denied effective assistance of

counsel at sentencing survives his guilty plea, we conclude that it

lacks merit (see People v LaCroce, 83 AD3d 1388, 1388, lv denied 17

NY3d 807). Defendant “receive[d] an advantageous plea and nothing in

the record casts doubt on the apparent effectiveness of counsel”

(People v Ford, 86 NY2d 397, 404). 

Entered: June 29, 2012 Frances E. Cafarell

Clerk of the Court
[Federal Register Volume 71, Number 150 (Friday, August 4, 2006)]
[Notices]
[Page 44254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6687]


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

DEPARTMENT OF AGRICULTURE

Forest Service


Notice of Resource Advisory Committee Meeting

AGENCY: North Central Idaho Resource Advisory Committee, Kamiah, Idaho, 
USDA, Forest Service.

ACTION: Notice of meeting.

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

SUMMARY: Pursuant to the authorities in the Federal Advisory Committee 
Act (Pub. L. 92-463) and under the Secure Rural Schools and Community 
Self-Determination Act of 2000 (Pub. L. 106-393) the Nez Perce and 
Clearwater National Forests' North Central Idaho Resource Advisory 
Committee will meet Wednesday and Thursday, September 6-7, 2006 in 
Orofino, Idaho for a business meeting. The meeting is open to the 
public.

SUPPLEMENTARY INFORMATION: The business meeting on September 6-7 will 
be held at the Supervisors Office of the Clearwater National Forest, 
12730 Highway 12, Orofino, Idaho, beginning at 10 a.m. (PST) on 
September 6th and at 9 a.m. (PST) on September 7th. Agenda topics will 
include discussion of potential projects. A public forum will begin at 
2:30 p.m. (PST).

FOR FURTHER INFORMATION CONTACT: Ihor Mereszczak, Staff Officer and 
Designated Federal Officer, at (208) 935-2513.

    Dated: July 17, 2006.
Ihor Mereszczak,
Acting Forest Supervisor.
[FR Doc. 06-6687 Filed 8-3-06; 8:45 am]
BILLING CODE 3410-11-M
exv10w22



 





Exhibit 10.22




First Amendment to Contingent Asset Sale Agreement




     This First Amendment to Contingent Asset Sale Agreement is made effective January 22, 2007 by
and between Alderwoods Group (California), Inc. (“Seller”) and Carriage Cemetery Services, Inc., a
Texas corporation (“Buyer”);



     WHEREAS, SCI Funeral Services, Inc. (“SCI Funeral Services”) and the Buyer entered into an
Contingent Asset Sale Agreement dated November 22, 2006 (the “Agreement”);



     WHREAS, the Seller executed a Seller Joinder assuming all obligations of the Seller under the
Agreement, whereupon SCI Funeral Services was released therefrom; and



     WHEREAS, Seller and Buyer wish to amend that Agreement in the manner set forth below.



     NOW THEREFORE, in consideration of the premises and agreements herein contained, the Parties
intending to be legally bound hereby agree to amend certain sections of the Agreement as follows:



     1. Section 5.16(b) of the Agreement is hereby amended in its entirety so that, as amended,
said Section 5.16(b) shall read as follows:



     “(b) [INTENTIONALLY DELETED].”



     2. Section 5.16(c) of the Agreement is hereby amended in its entirety to read as follows:




“Seller agrees that upon the breach or threatened breach of the provisions of
this Section, the remedies at law of Buyer will be inadequate, and Buyer
shall be entitled to an injunction or injunctions to prevent such breach and
to enforce specifically the provisions hereof in addition to any other remedy
to which the Buyer may be entitled at law or equity. ”



     3. Section 5.18 of the Agreement is hereby amended in its entirety so that, as
amended, said Section 5.18 shall read as follows:



     “5.18 [INTENTIONALLY DELETED].”



     4. Except as hereinabove specifically amended, the Agreement is and shall remain in full force
and effect according to its terms and conditions, all of which are hereby ratified and confirmed by
the parties.



 









 





     IN WITNESS WHEREOF, the undersigned have executed and delivered this First Amendment to
Contingent Asset Sale Agreement on the date and year first above mentioned.



	 	 	 	 	 	 	 	 	 	 	 
	BUYER:	 	 	 	SELLER:	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Carriage Cemetery Services, Inc.	 	 	 	Alderwoods Group (California), Inc.	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	By:

	 	     /s/ W. Clark Harlow
 

W. Clark Harlow, Vice President
	 	 	 	By:
	 	      /s/ Lori E. Spilde
 

Lori E. Spilde, Vice President
	 	 






     SCI California Funeral Services, Inc., Guarantor of Seller’s obligations under the Agreement,
hereby joins in the execution of this First Amendment to acknowledge the amendments to the
Agreement made hereby.



	 	 	 	 	 
	 	SCI California Funeral Services, Inc.

 	 
	 	By:  	     /s/ Lori E. Spilde
 	 
	 	 	Lori E. Spilde, Vice President 	 
	 	 	 	 
	 




-2-
Exhibit 31.2

CERTIFICATION PURSUANT TO RULE 13a-14(a)  OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED  AS ADOPTED PURSUANT TO  SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I,
Tammy L. Cameron, certify that:

1.     I
have reviewed this Annual Report of Depomed, Inc.;

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)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f))
for the registrant and have:



5.     The
registrant's other certifying officers 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 function):



March 16,
2011

By:

/s/ TAMMY L. CAMERON Tammy L. Cameron Vice President, Finance and
Principal Accounting Officer


---



QuickLinks
[Federal Register Volume 71, Number 157 (Tuesday, August 15, 2006)]
[Notices]
[Page 46913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6919]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES


Office of the National Coordinator, American Health Information 
Community Biosurveillance Data Steering Group Meeting

ACTION: Announcement of meeting.

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

SUMMARY: This notice announces the fourth meeting of the American 
Health Information Community Biosurveillance Data Steering Group in 
accordance with the Federal Advisory Committee Act (Pub. L. 92-463, 5 
U.S.C., App.).

DATES: August 18, 2006, 10 a.m. to 4 p.m.

ADDRESSES: Mary C. Switzer Building (330 C Street, SW., Washington, DC 
20201), Conference Room 4090. [Please bring photo ID for entry to a 
Federal building.]

FOR FURTHER INFORMATION CONTACT: http://www.hhs.gov/healthit/ahic/workgroups.html.

SUPPLEMENTARY INFORMATION: The meeting will be available via Web cast 
at http://www.eventcenterlive.com/cfmx/ec/login/login1.cfm?BID=67.

    Dated: August 3, 2006.
Judith Sparrow,
Director, American Health Information Community, Office of Programs and 
Coordination, Office of the National Coordinator for Health Information 
Technology.
[FR Doc. 06-6919 Filed 8-14-06; 8:45 am]
BILLING CODE 4150-24-M
[Federal Register Volume 65, Number 130 (Thursday, July 6, 2000)]
[Notices]
[Pages 41648-41649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17006]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. TM00-1-22-002]


Dominion Transmission, Inc; Notice of Proposed Changes in FERC 
Gas Tariff

June 29, 2000.
    Take notice that on June 22, 2000, Dominion Transmission, Inc. 
(DTI), filed as part of its FERC Gas Tariff, Second Revised Volume No. 
1, the following tariff sheets:

Effective November 1, 1999

Second Substitute Twenty-Fourth Revised Sheet No. 31
Second Substitute Fifty-Second Revised Sheet No. 32
Substitute Forty-Sixth Revised Sheet No. 33
Second Substitute Twenty-Third Revised Sheet No. 35

Effective January 1, 2000

Second Substitute Twenty-Sixth Revised Sheet No. 31
Third Substitute Twenty-Sixth Revised Sheet No. 31
Substitute Fifty-Third Revised Sheet No. 32

Effective February 1, 2000

Substitute Twenty-Seventh Revised Sheet No. 31
Substitute Twenty-Eighth Revised Sheet No. 31
Substitute Fifty-Fourth Revised Sheet No. 32
Substitute Fifty-Fifth Revised Sheet No. 32
Substitute Forty-Seventh Revised Sheet No. 33
Substitute Twenty-Fourth Revised Sheet No. 35

Effective May 1, 2000

Substitute Fifty-Sixth Revised Sheet No. 32

    DTI states that the purpose of this filing is to comply with the 
Commission's order dated June 16, 2000 (June 16, 2000 Order) which 
accepted DTI's September 30, 1999 filing to revise its Transportation 
Cost Rate Adjustment (TCRA) with one exception. Specifically, the 
Commission ordered DTI to file revised TCRA rates, effective November 
1, 1999, which reflect the allocation of unrecovered storage gas losses 
74.5 percent to transportation services and 25.5 percent to storage 
services. DTI states that the revised tariff sheets fully comply with 
the June 16, 2000 Order.
    DTI states that copies of its filing have been served upon DTI's 
customers and interested state commissions.
    Any person desiring to protest this filing should file a protest 
with the Federal Energy Regulatory Commission, 888 First Street, N.E., 
Washington, D.C. 20426, in accordance with Section 385.211 of the 
Commission's Rules and Regulations. All such protests must be

[[Page 41649]]

filed as provided in Section 154.210 of the Commission's Regulations. 
Protests will be considered by the Commission in determining the 
appropriate action to be taken, but will not serve to make protestants 
parties to the proceedings. Copies of this filing are on file with the 
Commission and are available for public inspection in the Public 
Reference Room. This filing may be viewed on the web at http://www.ferc.fed.us/online/rims.htm (call 202-208-2222 for assistance).

David P. Boergers,
Secretary.
[FR Doc. 00-17006 Filed 7-5-00; 8:45 am]
BILLING CODE 6717-01-M
Exhibit 99.1      Press Release

PRESS RELEASE
October 27, 2000

                                For further information contact:
                                David M. Bradley
                                Chairman, President and Chief Executive Officer
                                North Central Bancshares, Inc.
                                825 Central Avenue
                                Fort Dodge, Iowa 50501
                                515-576-7531

                    NORTH CENTRAL BANCSHARES, INC. ANNOUNCES
                            STOCK REPURCHASE PROGRAM

Fort Dodge,  Iowa,  October 27, 2000 - North Central  Bancshares,  Inc. (Nasdaq:
"FFFD") (the  "Company"),  the holding company for First Federal Savings Bank of
Iowa,  announced  today that it will commence a stock  repurchase  program.  The
program  authorizes  the  Company  to  repurchase  up to  100,000  shares of its
outstanding   shares  of  common  stock  during  the  next  twelve  months.  The
repurchases will be made from time to time, in open market transactions,  at the
discretion of management.

This new  program  will  commence at the  completion  of the  Company's  current
repurchase  program which began on April 12, 2000, of which 10,862 shares remain
to be purchased.

North Central Bancshares, Inc., with over $384 million in assets, is the holding
company for First  Federal  Savings  Bank of Iowa, a federally  chartered  stock
savings bank.  First Federal is a  community-oriented  institution  serving Iowa
through 8 full service locations in Fort Dodge, Nevada, Ames, Perry,  Burlington
and Mt.  Pleasant,  Iowa.  First  Federal's  deposits are insured by the Federal
Deposit Insurance Corporation.