alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Argued March 17,

decided April 12, 1910.

#### STATE *v.*THOMAS.

[108 Pac. 135.]

Criminal Law — Trial—Instructions—Reasonable Doubt.

A statement, in an instruction defining reasonable doubt, that, the jury is not entitled to resolve itself into “doubting Thomases,” who refuse to be convinced by any testimony, merely called the jury’s attention to the fact that, though the character of the house charged to be a house of ill fame and the right to its possession depended upon general reputation, such evidence, if believed beyond a reasonable doubt, was sufficient to establish those facts, and was not error.

' From Marion: George H. Burnett, Judge.

The defendant, Emma Thomas, was tried and con-victor of keeping a house of ill fame, and from the judgment and sentence following, she appeals.

For appellant there was a brief over the names of *Mr. John A. Carson, Mr. Thomas Brown, Mr. William M. Kaiser*and *Mr. Myron E. Pogue,*with oral arguments by *Mr. Carson*and *Mr. Kaiser.*

For the. State there was a brief over the names of *Mr. Andrew M. Crawford,*Attorney General; *Mr. John H. McNary,*District Attorney, and *Mr. Walter C. Winslow,*Deputy District Attorney, with an oral argument by *Mr. Winslow.*

Opinion by

Mr. Chief Justice Moore.

The defendant, Emma Thomas, was convicted of the crime of keeping and setting up, for the purpose of prostitution, fornication, and lewdness, a house of ill fame, to the possession of which, it is alleged in the indictment, she is entitled, and she appeals. The court, after giving the ordinary definition of a reasonable doubt, said: “The jury is not entitled to resolve itself into ‘doubting Thomases,’ who refuse to be convinced by any testimony.” An exception having been taken to the language so used, it is contended by defendant’s counsel that an error was committed in giving such part of the charge. As the disciple *171to whom reference is thus made denied the reports of his associates, and asserted he would not believe their statements, unless, by his own senses, he was convinced as to the truth of their declarations, ,the court undoubtedly meant by the illustration given, to call the attention of the jury to the fact that, though the character of the house and the right to its possession depended upon evidence of common fame, such general reputation, if believed beyond a reasonable doubt, was sufficient to establish the averments of the indictment.

The explanation thus given was, in view of the kind of proof produced, a good exemplification of the law applicable to. the facts, and tended to elucidate the definition of a reasonable doubt. No error was committed as alleged; and hence the judgment is affirmed'.

Affirmed.
- va2
- VA
#### § 76.1705 [Reserved]
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 that the Annual Report on
Form 10-K of BriteSmile, Inc. for the year 52 weeks ended December 25, 2004 as filed March 24, 2005 with the Securities and Exchange Commission, fully complies with the requirements of Section 13(a) or 15(d) of The Securities Exchange Act of 1934
(15 U.S.C. 78m) and that the information contained in the Annual Report fairly presents, in all material respects, the financial condition and results of operations of BriteSmile, Inc.



|                     |  |  |  |                                                                    
|-------------------- |  |  |  | -------------------------------------------------------------------
|Date: March 25, 2005 |  |  |  | /s/    Gregg Coccari                                               
|                     |  |  |  | Gregg Coccari Chief Executive Officer (Principal Executive Officer)
No. 11-5396.

#### Meadows *v.*United States.

C. A. 1st Cir. Certiorari denied.

Justice Kagan took no part in the consideration or decision of this petition.
<TABLE> <S> <C>

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<MULTIPLIER>1,000




<S>                                                    <C>
<PERIOD-TYPE>                                                  12-MOS
<FISCAL-YEAR-END>                                         DEC-31-1999
<PERIOD-START>                                            JAN-01-1999
<PERIOD-END>                                              DEC-31-1999
<CASH>                                                         10,939
<SECURITIES>                                                        0
<RECEIVABLES>                                                  21,671
<ALLOWANCES>                                                      714
<INVENTORY>                                                         0
<CURRENT-ASSETS>                                               43,438
<PP&E>                                                         31,039
<DEPRECIATION>                                                  8,871
<TOTAL-ASSETS>                                                 80,564
<CURRENT-LIABILITIES>                                          23,173
<BONDS>                                                             0
<PREFERRED-MANDATORY>                                               0
<PREFERRED>                                                         0
<COMMON>                                                          120
<OTHER-SE>                                                     55,071
<TOTAL-LIABILITY-AND-EQUITY>                                   80,564
<SALES>                                                        70,736
<TOTAL-REVENUES>                                               70,736
<CGS>                                                          32,713
<TOTAL-COSTS>                                                  32,713
<OTHER-EXPENSES>                                               67,825
<LOSS-PROVISION>                                                    0
<INTEREST-EXPENSE>                                              (959)
<INCOME-PRETAX>                                              (28,843)
<INCOME-TAX>                                                  (5,260)
<INCOME-CONTINUING>                                          (23,583)
<DISCONTINUED>                                               (16,888)
<EXTRAORDINARY>                                                    0
<CHANGES>                                                          0
<NET-INCOME>                                                 (40,471)
<EPS-BASIC>                                                    (3.40)
<EPS-DILUTED>                                                  (3.40)



</TABLE>
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#### Elizabeth M. Nye and Gordon Nye, her husband, *Appellants,*vs. Bay View Estates Corporation, a Florida Corporation; Trasulee Company, a Florida Corporation; J. O. Phillips, *Appellees.*

143 So. 597.

Division B.

Opinion filed September 19, 1932.

*Robert M. Thomson,*for Appellants;

*J. 0. Phillips,*for Appellees.

Davis, J.

The appellant filed a creditor’s bill to set aside certain alleged fraudulent conveyances claimed to have been made by the defendant, Bay View Estates Corporation, to Tresulee Company and J. 0. Phillips. Answers were filed to the amended bill which put in issue some of the essential allegations which it was necessary for the complainant to establish in order to have a favorable decree. TFe time for taking testimony expired without any testimony having been taken or attempted to be taken to support the allegations of the complainant’s amended bill. On a final hearing on bill and answer, the Chancellor decreed-*708the equities to be with the defendants and dismissed the suit. The appeal here is from the final decree of dismissal on bill and answer.

At the time the cause was set down for final hearing on the amended bill of complainant and defendant’s answers thereto, the state of the pleadings was such that the Court could not have made a decree for complainant in the absence of supporting testimony essential to overcome the denials by the answer of portions of the amended bill which the answers in contemplation of law denied. Under the circumstances the Chancellor’s dismissal of the amended bill was proper. Rigby v. Middlebrooks, 102 Fla. 148, 135 South. Rep. 563; Oakland Properties Corp. v. Hogan, 96 Fla. 40, 117 Sou. Rep. 845.

No other reversible errors have been made to appear, so the decree appealed from is affirmed.

Affirmed.

Whitfield, P.J., and Terrell, J., concur.

Buford C.J., and Ellis and Brown, J.J., concur in the opinion and judgment.
NOTE : This disposition is nonprecedential.



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

______________________

CRYSTAL PHARMACEUTICAL (SUZHOU) CO., LTD., BERGEN PHARMACEUTICAL, LLC, Appellants

v.

EISAI INC., Appellee

______________________

2023

- 1017

______________________

Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. PGR2021

- 00047.

______________________

JUDGMENT

______________________

J OHN S COTT M C B RIDE

, Bartlit Beck LLP, Chicago, IL,argued for all appellants. Appellant Bergen Pharmaceutical, LLC also represented by M EG E. F ASULO

, K ATHERINE E. R HOADES ; T AYLOR J AMES K ELSON , Denver, CO; A DAM M ORTARA

, Chicago, IL.

S COTT A. C UNNING

, II , Parker Poe Adams & BernsteinLLP, Washington, DC, for appellant Crystal Pharmaceutical (Suzhou) Co., Ltd. Also represented by E LIZABETH Case: 23-1017 Document: 55 Page: 1 Filed: 09/06/2024C ROMPTON ; C ECIL K YLE M USGROVE , Gemini Law LLP, New York, NY.

M ELANIE R. R UPERT

, Paul Hastings LLP, New York, NY, argued for appellee. Also represented by C HRISTOPHER P. H ILL

, Y OUNG J. P ARK

, B RUCE M. W EXLER ; N AVEEN M ODI

, M ICHAEL W OLFE , Washington, DC.

______________________

THIS CAUSE having been heard and considered, it is

O RDERED and A DJUDGED :

P ER C URIAM (M OORE

, Chief Judge

, L INN and P ROST

, Circuit Judges ).

AFFIRMED. See Fed. Cir. R. 36.

E NTERED BY O RDER OF THE C OURT

September 6, 2024

Date Case: 23-1017 Document: 55 Page: 2 Filed: 09/06/2024
No. 10-10743.

#### Carr *v.*Warren, Warden.

C. A. 6th Cir. Certiorari denied.
<PAGE>

                                                                    Exhibit 23.2

                CONSENT OF PERRY-SMITH, LLP, INDEPENDENT AUDITORS

We have issued our report dated January 23, 2002, accompanying the consolidated
financial statements and schedule included in the Annual Report of International
DisplayWorks, Inc. (formally Granite Bay Technologies, Inc. and earlier Morrow
Snowboards, Inc.) on Form 10-K for the ten months ended October 31, 2001. We
hereby consent to the incorporation by reference of said report in the
Registration Statement of International DisplayWorks, Inc. on Form S-8 (File No.
333-108907, effective September 18, 2003) pertaining to the Amended 2000
Employee Equity Incentive Plan, Form S-8 (File No. 333-87296, effective May 1,
2002) pertaining to the 2000 Employee Equity Incentive Plan and Stock Option
Agreements, Form S-8 (File No. 333-87298, effective May 1, 2002) pertaining to
the 1999 Stock Option Plan for Non-Employee Directors and the Morrow Snowboards,
Inc. 1990 Equity Incentive Plan and Form S-8 (File No. 333-04761, effective May
30, 1996) pertaining to the Morrow Snowboards, Inc. Stock Option Plan for
Non-Employee Directors and related Prospectuses.

/S/ PERRY-SMITH LLP

Sacramento, California
February 4, 2004
<PAGE>
                                                                  Exhibit 10.8.2

                                 AMENDMENT TO
                         CHAIRMAN/CONSULTING/SEVERANCE
                                   AGREEMENT

     This Amendment to Chairman/Consulting/Severance Agreement (this
"Amendment") is entered into by and between Sterling Commerce, Inc., a Delaware
corporation ("Sterling Commerce"), and Sterling L. Williams ("Williams").

     A.   Sterling Commerce and Williams entered into a
Chairman/Consulting/Severance Agreement, dated as of May 31, 1998 (the
"Agreement").

     B.   For good and valuable consideration, receipt of which is hereby
acknowledged, Sterling Commerce and Williams desire to amend the Agreement as
set forth below.

     NOW, THEREFORE, Sterling Commerce and Williams agree as follows:

     1.   The final sentence of Section 3 of the agreement is hereby deleted and
replaced with the following:

     "Williams' obligations under the second sentence of this Section 3 shall
     terminate on the earlier of (i) 24 months after giving any notice of
     termination under Section 4 hereof and (ii) the giving of the Acceleration
     Notice (as defined in Section 5 hereof)."

     2.   In all other respects, the terms of the Agreement will remain in full
force and effect.

     This Amendment is effective as of September 1, 1999.

                                       STERLING COMMERCE, INC.



                                By:  /s/ Albert K. Hoover
                                     ------------------------------------------
                                     Albert K. Hoover
                                     Senior Vice President and General Counsel




                                     /s/ Sterling L. Williams
                                     -------------------------------------------
                                     Sterling L. Williams
#### § 80.865 Radiotelephone station clock.

A clock having a face of at least 12.7 cm (5 in.) in diameter must be mounted in a position that can be observed from the principal operating position.

[58 FR 44953, Aug. 25, 1993]
No. 11-5919.

#### Alexander *v.*United States.

C. A. 7th Cir. Certiorari denied.

Justice Kagan took no part in the consideration or decision of this petition.
§ 80.231 Technical Requirements for Class B Automatic Identification System (AIS) equipment. ( a ) Class B Automatic Identification System (AIS) equipment must meet the technical requirements of IEC 62287-1 (incorporated by reference, *see* § 80.7).
( b ) In addition to the labels or other identifying information required under §§ 2.925 and 2.926 of this chapter, each Class B AIS device shall include a conspicuous label that includes: Instructions on how to accurately enter into the device and confirm static data pertaining to the vessel in which the device is or will be installed; and the following statement: “WARNING: It is a violation of the rules of the Federal Communications Commission to input an MMSI that has not been properly assigned to the end user, or to otherwise input any inaccurate data in this device.” Instructions on how to accurately enter and confirm static data in the device shall also be included in the user's manual for the device. The entry of static data into a Class B AIS device shall be performed by the vendor of the device or by an appropriately qualified person in the business of installing marine communications equipment on board vessels. In no event shall the entry of static data into a Class B AIS device be performed by the user of the device or the licensee of a ship station using the device. Knowingly programming a Class B AIS device with inaccurate static data, or causing a Class B AIS device to be programmed with inaccurate static data, is prohibited.
( c ) Prior to submitting a certification application for a Class B AIS device, the following information must be submitted in duplicate to *typeapproval@uscg.mil* or the Commandant (CG-ENG-4), U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Ave. SE., Washington, DC 20593-7509: ( 1 ) The name of the manufacturer or grantee and the model number of the AIS device; and
( 2 ) Copies of the test report and test data obtained from the test facility showing that the device complies with the environmental and operational requirements identified in IEC 62287-1.
( d ) After reviewing the information described in paragraph (c) of this section, the U.S. Coast Guard will issue a letter stating whether the AIS device satisfies all of the requirements specified in IEC 62287-1.
( e ) A certification application for an AIS device must contain a copy of the U.S. Coast Guard letter stating that the device satisfies all of the requirements specified in IEC 62287-1, a copy of the technical test data, and the instruction manual(s).
[74 FR 5124, Jan. 29, 2009, as amended at 76 FR 67612, Nov. 2, 2011; 81 FR 90746, Dec. 15, 2016]
Editorial Note on Part 1
Editorial Note: Nomenclature changes to part 1 appear at 63 FR 54077, Oct. 8, 1998.

§ 1.8002 Obtaining an FRN. ( a ) The FRN must be obtained by anyone doing business with the Commission, see 31 U.S.C. 7701(c)(2), including but not limited to: ( 1 ) Anyone required to pay statutory charges under subpart G of this part;
( 2 ) Anyone applying for a license, including someone who is exempt from paying statutory charges under subpart G of this part, see §§ 1.1114 and 1.1162;
( 3 ) Anyone participating in a spectrum auction;
( 4 ) Anyone holding or obtaining a spectrum auction license or loan;
( 5 ) Anyone paying statutory charges on behalf of another entity or person; and
( 6 ) Any applicant or service provider participating in the Schools and Libraries Universal Service Support Program, part 54, subpart F, of this chapter.
( b ) ( 1 ) When registering for an FRN through the CORES, an entity's name, entity type, contact name and title, address, valid email address, and taxpayer identifying number (TIN) must be provided. For individuals, the TIN is the social security number (SSN).
( 2 ) Information listed in paragraph (b)(1) of this section must be kept current by registrants either by updating the information on-line at the CORES link at *www.fcc.gov* or by filing FCC Form 161 (CORES Update/Change Form).
( c ) A business may obtain as many FRNs as it deems appropriate for its business operations. Each subsidiary with a different TIN must obtain a separate FRN. Multiple FRNs shall not be obtained to evade payment of fees or other regulatory responsibilities.
( d ) An FRN may be assigned by the Commission, which will promptly notify the entity of the assigned FRN.
[66 FR 47895, Sept. 14, 2001, as amended at 67 FR 36818, May 28, 2002; 68 FR 66277, Nov. 25, 2003; 69 FR 55109, Sept. 13, 2004; 70 FR 21651, Apr. 27, 2005; 86 FR 59868, Oct. 29, 2021]
No. 11-142.

#### Kanai *v.*McHugh, Secretary of the Army.

C. A. 4th Cir. Certiorari denied.

Justice Kagan took no part in the consideration or decision of this petition.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT LARRY DONELL BROWN, ) DOC #T90380, ) ) Appellant, ) ) v. ) Case No. 2D16-1941 ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________) Opinion filed August 31, 2018. Appeal from the Circuit Court for Hillsborough County; Samantha L. Ward, Judge. Howard L. Dimmig, II, Public Defender, and Mark J. O'Brien, Special Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Jason M. Miller, Assistant Attorney General, Tampa (withdrew after briefing); Andrew Tetreault, Assistant Attorney General, Tampa (substituted as counsel of record), for Appellee. PER CURIAM.

Affirmed.

CASANUEVA, BLACK, and BADALAMENTI, JJ., Concur.- 2 -
[Federal Register Volume 71, Number 160 (Friday, August 18, 2006)]
[Notices]
[Page 47780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7048]


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

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meetings

Time and Date: 11 a.m., Friday, September 29, 2006.

Place: 1155 21st St., NW., Washington, DC, 9th Floor Commission 
Conference Room.

Status: Closed.

Matters to be Considered: Surveillance Matters.

FOR FURTHER INFORMATION CONTACT: Eileen A. Donovan, 202-418-5100.

Eileen A. Donovan,
Acting Secretary of the Commission.
[FR Doc. 06-7048 Filed 8-16-06; 11:52 am]
BILLING CODE 6351-01-M