alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
DISMISS; Opinion Filed September 18, 2012.

In The

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No. 05-12-01221-CR

GERRY W. MOONEY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 3

Dallas County, Texas

Trial Court Cause No. F02-35420-MJ

MEMORANDUM OPINION

Before Justices Moseley, Fillmore, and Myers

Opinion By Justice Myers

Gerry W. Mooney appeals the trial court’s order denying his “motion to unseal documents

previously seaIed.t Appellate courts have jurisdiction over appeals by criminal defendants only

after conviction or from certain statutorily designated appealable orders. See Wright v. State, 969

S .W.2d 588, 589—90 (Tex. App.—Dallas 1998,110 pet.). The Court has found no authority providing

the right to appeal an order denying a motion to unseal documents.

Appellant was convicted of aggravated assault on a public se ant with a deadly weapon and sentenced to fonv-flve years’ imprisonment. His

convicflon was affinned on direct appeal. i’. Stare, No. 05-05-01395-CR (Tex. App—Dallas Dec. 13, 2006. o ref d).
We dismiss the appeal for want ofjurisdiction.

LANA MYERS

JUSTICE

Do Not Publish

TEx. R. App. P. 47

12122 IF.U05
nnrt nf Apirztti

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JUDGMENT

GERRY W. MOONEY. Appellant Appeal from the Criminal [)istrict Court No.

3 of I)allas County, Texas. (Tr.Ct.No. F02-

No. 05-12-01221 -CR V. 35420-MJ).

Opinion delivered by Justice Myers, Justices

THE STATE OF TEXAS. Appellee Moseley and Fillmore participating.

Based on the Court’s opinion ofthis date, we DISMISS the appeal for want ofjurisdiction.

Judgment entered September 18, 2012.

LANA MYERS

JUSTICE
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

BRIAN KERRY O’KEEFE,

 Petitioner - Appellant,

 v.

DOUG GILLESPIE, Sheriff; et al.,

 Respondents - Appellees.

No. 12-15271

D.C. No. 2:11-cv-02109-GMNVCF

MEMORANDUM*

Appeal from the United States District Court

for the District of Nevada

Gloria M. Navarro, Chief District Judge, Presiding

Argued and Submitted November 20, 2014

San Francisco, California

Before: THOMAS, Chief Judge, and REINHARDT and CHRISTEN, Circuit

Judges.

Brian Kerry O’Keefe appeals the district court’s dismissal of his petition for

a writ of habeas corpus due to lack of exhaustion. We have jurisdiction under 28

U.S.C. §§ 1291 and 2253(a). Because the parties are familiar with the history of

this case, we need not recount it here.

FILED

FEB 02 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.
O’Keefe filed his petition under 28 U.S.C. § 2241, seeking to prevent an

upcoming retrial on grounds that it would violate his right against double jeopardy. 

However, in the intervening time between his filing of the petition and our

consideration of it, O’Keefe was retried and convicted in state court. His sought

relief is therefore no longer available. Therefore, the appeal is moot.

We need not, and do not, address the government’s arguments that

O’Keefe’s appeal is moot because he filed his petition under 28 U.S.C. § 2241

rather than § 2254. Nor need we address the merits of O’Keefe’s double jeopardy

claims. Our decision is without prejudice to the consideration of those claims in a

properly filed § 2254 petition.1

AFFIRMED.

1

 O’Keefe’s pro se motions for judicial notice and for summary judgment are

denied. Because O’Keefe is represented by counsel, we decline to entertain

O’Keefe’s other pro se motions and submissions.

2
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 20-2192

DAWN PERLMUTTER; THOMAS M. BOLICK,

 Plaintiffs - Appellants,

v.

TRINA VARONE; JEFFREY VARONE; SCOTT PERLMUTTER; GARY 

ALTMAN; ALTMAN & ASSOCIATES; SUTTON INVESTMENTS LLC,

 Defendants - Appellees.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. 

Paula Xinis, District Judge. (8:19-cv-03402-PX)

Submitted: March 30, 2021 Decided: May 25, 2021

Before NIEMEYER, AGEE, and RUSHING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Dawn Perlmutter, Thomas M. Bolick, Appellants Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Appellants appeal the district court’s orders granting Defendants’ motions to 

dismiss, denying Appellants’ motion for reconsideration, and denying Appellants’ motion 

for recusal. We have reviewed the record and find no reversible error. Accordingly, we 

affirm for the reasons stated by the district court. Perlmutter v. Varone, No. 

8:19-cv-03402-PX (D. Md. June 1, 2020; Oct. 13, 2020). We further reject Appellants’ 

contention that 4th Cir. R. 46(f) is unconstitutional and note that we have fully considered 

the record on appeal. We dispense with oral argument because the facts and legal 

contentions are adequately presented in the materials before this court and argument would 

not aid the decisional process.

AFFIRMED
**Exhibit10.4**

**AMENDMENTNO. 1**

**tothe**

**PHASEFORWARD INCORPORATED**

**2004STOCK OPTION AND INCENTIVE PLAN**

**asAmended and Restated March 2006**

     Referenceis hereby made to the Phase Forward Incorporated 2004 Stock Option andIncentive Plan as Amended and Restated March 2006 (the “Plan”).

     1.The first two sentences of Section 3(a) of the Plan are deleted in theirentirety, and the following two new sentences shall be inserted as areplacement therefor:

 “Subjectto adjustment under Section 3(c) and the next sentence, the aggregatenumber of shares of Common Stock of the Company (the “Common Stock “)that may be issued pursuant to the Plan is 3,500,000 shares.  Subject to stockholder approval, the numberof shares of Common Stock that may be issued pursuant to the Plan shall beincreased from 3,500,000 shares to 3,981,505 shares.”

     2.Except as amended hereby, the Plan shall be unchanged and remain in full forceand effect.

Approved by the Board ofDirectors March 30, 2007

Approved by theStockholdersof the Corporation May 2, 2007

----
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE JUNE 30,
1999 FINANCIAL  STATEMENTS AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS
</LEGEND>
<CIK>                                          0000878377
<NAME>                                         CPX CORP.
<MULTIPLIER>                                   1,000
<CURRENCY>                                     DOLLARS

<S>                                           <C>
<PERIOD-TYPE>                                  3-MOS
<FISCAL-YEAR-END>                              MAR-31-2000
<PERIOD-START>                                 APR-1-1999
<PERIOD-END>                                   JUN-30-1999
<EXCHANGE-RATE>                                1
<CASH>                                         1,090,424
<SECURITIES>                                   0
<RECEIVABLES>                                  370,030
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               1,461,165
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 1,461,165
<CURRENT-LIABILITIES>                          0
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       14,634
<OTHER-SE>                                     1,446,531
<TOTAL-LIABILITY-AND-EQUITY>                   1,461,164
<SALES>                                        0
<TOTAL-REVENUES>                               0
<CGS>                                          0
<TOTAL-COSTS>                                  436,084
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             117,026
<INCOME-PRETAX>                               (393,435)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                           (393,435)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                  (393,435)
<EPS-BASIC>                                 (0.03)
<EPS-DILUTED>                                 (0.03)



</TABLE>
Before the Second Division,

December 19, 1962

No. 67280.

protest 61/23938 (New York).

#### Rex-Spanall, Inc. *v.*United States,

Opinion by

Lawrence, J.

In accordance with stipulation of counsel that the merchandise consists of form supports similar in all material respects to those the subject of *Universal Builders Supply Co., Inc.*v. *United States*(48 Cust. Ct. 99, C.D. 2319), the claim of the plaintiff was sustained.
<PAGE>   1
                                  EXHIBIT 11.2
                    COMPUTATION OF DILUTED EARNINGS PER SHARE
                      (IN THOUSANDS, EXCEPT PER SHARE DATA)

<TABLE>
<CAPTION>

                                          Years Ended September 30,
                                          ----------------------------------
                                            1998         1997         1996
                                          --------     --------     --------
<S>                                       <C>          <C>          <C> 
Shares:
Weighted average number of common
  shares outstanding...................     16,135       14,047       11,789
Additional shares assuming
  conversion of:
   Stock options.......................        512          577          539
   Warrants............................          -            -           33
   Preferred stock.....................          -            -          667
                                          --------     --------     --------
Weighted average shares outstanding         16,647       14,624       13,028

Net income.............................   $ 24,587     $ 10,146     $  5,953
                                          ========     ========     ========

Diluted earnings per share.............   $   1.48     $   0.69     $   0.46
                                          ========     ========     ========
</TABLE>

       All share amounts and per share data have been restated to reflect
   the two-for-one stock split effected as a stock dividend on May 28, 1996.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 28 Enrolled Bill (ENR)]

        H.J. Res.28

                       One Hundred Sixth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
   the sixth day of January, one thousand nine hundred and ninety-nine

                            Joint Resolution

 
Providing for the reappointment of Wesley S. Williams, Jr. as a citizen 
     regent of the Board of Regents of the Smithsonian Institution.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That, in accordance with 
section 5581 of the Revised Statutes of the United States (20 U.S.C. 
43), the vacancy on the Board of Regents of the Smithsonian 
Institution, in the class other than Members of Congress, occurring by 
reason of the expiration of the term of Wesley S. Williams, Jr. of the 
District of Columbia on April 11, 1999, is filled by the reappointment 
of the incumbent for a term of 6 years, effective April 12, 1999.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
EXHIBIT 31.3

CERTIFICATION

I, Alan H. Auerbach, certify that:



|1. | I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K/A of Cougar Biotechnology, Inc.; 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, 2009 |  | By: |  | /s/    ALAN H. AUERBACH                               
|                     |  |     |  | Alan H. Auerbach President and Chief Executive Officer
January 17, 1952

No. 56275.

Suit 4648.

#### Heller, Deltah Co., Inc., et al. *v.*United States.

-Reap. Dec. 7819 affirmed November 7, 1951. C. A. D. 471.
<html xmlns="http://www.w3.org/1999/xhtml">
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<PAGE>
                                 AMENDMENT NO. 4
                                       TO
                        RESTRICTED STOCK AWARD AGREEMENT


         THIS Amendment (the "Amendment"), dated as of September 4, 2003, to the
Restricted Stock Award Agreement, dated January 2, 2002, is entered into between
Jarden Corporation, a Delaware corporation (the "Company") and Ian G. H. Ashken,
(the "Employee").

WITNESSETH:

         WHEREAS, the Employee and the Company are parties to that certain
Restricted Stock Award Agreement dated January 2, 2002, as amended, (the
"Agreement"); and

         WHEREAS, the parties mutually desire to further amend the Agreement on
the terms and conditions set forth more fully below.

         NOW, THEREFORE, in consideration of the mutual covenants and agreements
set forth in this Amendment, the Company and the Employee hereby agree as
follows:

         1. Section 1 of the Agreement is hereby amended and restated to read as
follows:

         "1. Restrictions. Notwithstanding Section 5.02(b) of the Plan which is
inapplicable to this grant, the restrictions shall lapse upon the earlier to
occur of (i) the date that the per share stock price of the Common Stock equals
or exceeds forty-two dollars ($42.00) or (ii) the date that there is a change
of control (as defined in Section 2.01 of the Plan) of the Company. The number
of shares granted and the target share price of $42.00 shall be adjusted for
changes in the common stock as outlined in Section 5.05 of the Plan or as
otherwise mutually agreed in writing between the parties. For purposes of
clarity, the term "stock price" in (i) above means the closing stock price of
the common stock of the Company."

         2. Except as expressly amended by this Amendment, the Agreement shall
remain in full force and effect as the same was in effect immediately prior to
the effectiveness of this Agreement.

         IN WITNESS WHEREOF, each of the parties hereto has duly executed this
Agreement as of the date set forth above.


                                  JARDEN CORPORATION


                                  By: /s/ Martin E. Franklin
                                     --------------------------------
                                     Name:  Martin E. Franklin
                                     Title: Chairman and Chief Executive Officer


                                    /s/ Ian G.H. Ashken
                                  -----------------------------------
                                  Ian G.H. Ashken
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   OTHER
<FISCAL-YEAR-END>                          JAN-30-1999
<PERIOD-START>                             MAY-03-1998
<PERIOD-END>                               AUG-01-1998
<CASH>                                           5,834
<SECURITIES>                                         0
<RECEIVABLES>                                  105,602
<ALLOWANCES>                                     9,139
<INVENTORY>                                    440,323
<CURRENT-ASSETS>                               553,154
<PP&E>                                       1,120,832
<DEPRECIATION>                                 474,036
<TOTAL-ASSETS>                               1,278,836
<CURRENT-LIABILITIES>                          413,196
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           261
<OTHER-SE>                                     410,343
<TOTAL-LIABILITY-AND-EQUITY>                 1,278,836
<SALES>                                      1,324,254
<TOTAL-REVENUES>                             1,330,023
<CGS>                                        1,033,085
<TOTAL-COSTS>                                1,298,469
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              18,295
<INCOME-PRETAX>                                 13,259
<INCOME-TAX>                                     5,208
<INCOME-CONTINUING>                              8,051
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     8,051
<EPS-PRIMARY>                                     0.31
<EPS-DILUTED>                                     0.30
        

</TABLE>
# L_2022072EN.01000801.xml

| 7.3.2022 | EN | Official Journal of the European Union | L 72/8 |
| --- | --- | --- | --- |

7.3.2022

EN

Official Journal of the European Union

L 72/8

---

Corrigendum to Commission Implementing Regulation (EU) 2022/363 of 24 January 2022 amending and correcting Annex IX to Implementing Regulation (EU) 2021/405 as regards the lists of third countries or regions thereof authorised for the entry into the Union of certain fishery products

(
  Official Journal of the European Union L 69 of 4 March 2022
  )

On page 40, title, date of adoption, and on page 42, in the signature:

for:

‘
  24 January 2022
  ’,

read:

‘
  2 March 2022
  ’.

---
---

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

I, Edwin Chan, hereby certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that:

|(1) | the Annual Report on Form 10-K of China Health Care
      Corporation for the year ended May 31, 2008(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 China Health Care Corporation.                                                        

Dated: August 29, 2008

| | /s/ Edwin Chan                            
| | ------------------------------------------
| | Edwin Chan                                
| | Chief Financial Officer                   
| | (Principal Financial Officer and Principal
| | Accounting Officer)                       
| | China Health Care Corporation             



A signed original of this written statement required by Section
906, or other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to China Health
Care Corporation and will be retained by China Health Care Corporation and
furnished to the Securities and Exchange Commission or its staff upon
request.

---
No. 60327.

protest 289537-K (New York).

#### Kersten Shipping Agency, Inc. *v.*United States,

Opinion by

Johnson, J.

In accordance with stipulation of counsel that the landed net weight for the shipment of polyvinyl chloride was 177,967 pounds, rather than 179,967 pounds, the merchandise was held dutiable at 3 cents per pound and 15 percent ad valorem under paragraph 2, as modified, *supra,*on a net weight of 177,967 pounds.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 117 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
H. J. RES. 117

_______________________________________________________________________

                            JOINT RESOLUTION

 
Making further continuing appropriations for the fiscal year 2001, and 
                          for other purposes.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That Public Law 106-275, is 
further amended by striking the date specified in section 106(c) and 
inserting ``October 28, 2000''.

            Passed the House of Representatives October 27, 2000.

            Attest:

                                                                 Clerk.
106th CONGRESS

  2d Session

                             H. J. RES. 117

_______________________________________________________________________

                            JOINT RESOLUTION

Making further continuing appropriations for the fiscal year 2001, and 
                          for other purposes.
```