alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### STATE of Louisiana ex rel. Forrest HAMMOND v. Ross MAGGIO, Jr., Warden Louisiana State Penitentiary.

No. 59986.

Supreme Court of Louisiana.

June 10, 1977.

In re: Forrest Hammond applying for remedial writ of certiorari.

Writ refused. The main contention made here was rejected in the relator’s prior application. See *State ex rel. Hammond v. Henderson,*La., 338 So.2d 301. In all other respects, the application is without merit.

DENNIS, J., is of the opinion that the writ should be granted and an evidentiary hearing ordered.
Exhibit 23

                    Consent of Independent Public Accountants

      As independent public accountants, we hereby consent to the incorporation
by reference of our report for Thermedics Inc. dated February 10, 2000 (except
with respect to the matters discussed in Note 16, as to which the date is March
8, 2000), included in or made a part of this Form 10-K, into the Company's
previously filed Registration Statement No. 2-93746 on Form S-8, Registration
Statement No. 33-00183 on Form S-8, Registration Statement No. 2-93747 on Form
S-8, Registration Statement No. 33-8992 on Form S-8, Registration Statement No.
33-31621 on Form S-8, Registration Statement No. 33-9215 on Form S-8,
Registration Statement No. 33-43707 on Form S-3, Registration Statement No.
33-40866 on Form S-3, Registration Statement No. 33-64070 on Form S-8,
Registration Statement No. 33-86972 on Form S-8, Registration Statement No.
33-86974 on Form S-8, Registration Statement No. 033-65279 on Form S-8,
Registration Statement No. 033-61435 on Form S-8, Registration No. 333-02149 on
Form S-3, Registration No. 333-32035 on Form S-3, and Registration Statement No.
333-77487 on Form S-8.



                                                     Arthur Andersen LLP



Boston, Massachusetts
March 21, 2000
CERTIFICATION PURSUANT TO

     18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT 0F 2002

     In connection with the Quarterly Report of Direct Response Financial Services, Inc. (the "Company") on Form 10-QSB for the period ending April 30, 2003, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Gregory Rotelli, President of the Company, 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 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 result of operations of the Company.

\s\            , Gregory Rotelli, Gregory RotelliPresident June 18, 2003

----
EX-10.6 Amendment to 2004 Equity Incentive Plan



 





EXHIBIT 10.6




FIRST AMENDMENT

TO

ESPRE SOLUTIONS, INC.



2004 EQUITY INCENTIVE PLAN




     On September 10, 2007, the Board of Directors of Espre Solutions, Inc., voted to increase the
authorized maximum number of shares to be delivered pursuant to the awards granted in the 2004
Equity Incentive Plan (the “Plan”) from 75,000,000 common shares to 100,000,000 common shares by
amending Section 5.1 to read in its entirety as follows:



     “5.1 Number Available for Awards. Subject to adjustment as provided in Articles 11
and 12, the maximum number of shares of Common Stock that may be delivered pursuant to Awards
granted under the Plan is One Hundred Million (100,000,000) shares. Shares to be issued may be
made available from authorized but unissued Common Stock, Common Stock held by the Company in its
treasury, or Common Stock purchased by the Company on the open market or otherwise. During the
term of this Plan, the Company will at all times reserve and keep available the number of shares of
Common Stock that shall be sufficient to satisfy the requirements of this Plan.”



	 	 	 	 	 
	 	ESPRE SOLUTIONS, INC.

 	 
	Dated: September 10, 2007 	By:  	/s/ Robert Logan
 	 
	 	 	Robert Logan, Secretary
* 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. 

### IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-40886 Conference Calendar

UNITED STATES OF AMERICA Plaintiff-Appellee

v. MARTIN ADOLFO RAMIREZ-GOMEZ, also known as Mario Cavazos-Gomez Defendant-Appellant
Appeal from the United States District Court for the Southern District of Texas USDC No. 7:07-CR-88-1
Before REAVLEY, BENAVIDES, and ELROD, Circuit Judges. PER CURIAM: * Appealing the Judgment in a Criminal Case, Martin Adolfo RamirezGomez raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. U nited Statesv. PinedaArrellano, 492 F.3d 624, 625 (5th Cir. 2007), cert. denied, 2008 WL 59441 (Jan. United States Court of Appeals

Fifth Circuit 

### F I L E D January 30, 2008 Charles R. Fulbruge III ClerkNo. 07-40886

2 7, 2008) (No. 07-6202). The appellant’s motion for summary dispositi on is GRANTED, and the judgment of the district court is AFFIRMED.
Amendment to Supplemental Executive Retirement Plan



 Exhibit 10.19 
 AMENDMENT TO 
 SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN 
 Pursuant to the authority granted to it by Morgan Stanley, Morgan Stanley & Co. Incorporated (the “Corporation”) hereby amends the
Morgan Stanley Supplemental Executive Retirement Plan (the “SERP”), effective as of such dates set forth herein, as follows: 
 1.
Effective April 1, 2007, Section III, Participation in the Plan, is amended by adding the following to the end thereof: 
 “Notwithstanding the foregoing, if an employee was not a participant or eligible to become a Participant immediately before the merger of Morgan Stanley DW Inc. with and into Morgan Stanley & Co. Incorporated as of
April 1, 2007, such employee shall not be eligible to become a Participant hereunder as a result of such merger or otherwise.” 
 2.
Effective April 1, 2007, Appendix C, Provisions Relating to Certain Employees, is amended by adding the following to the end thereof: 
 “Morgan Stanley DW Inc. and Subsidiaries. Notwithstanding the foregoing, if an employee was not a participant or eligible to become a Participant immediately before the merger of Morgan Stanley DW Inc. with and into Morgan
Stanley & Co. Incorporated as of April 1, 2007, such employee shall not be eligible to become a Participant hereunder as a result of such merger or otherwise.” 
 * * * * * * * * 
 IN WITNESS
WHEREOF, the Corporation has caused this Amendment to be executed on its behalf as of the 20th day of November, 2007. 
  

			
	MORGAN STANLEY & CO. INCORPORATED
		
	By:	 	/s/ KAREN JAMESLEY
	Title:	 	Global Head of Human Resources
(Reap. Dec. 9694)

#### Federal Telephone & Radio Co. et al. *v.*United States

Entry No. 489022, etc.

(Decided May 3, 1960)

*Barnes, Richardson & Golitirn*for the plaintiffs.

*George Cochran Doub,*Assistant Attorney General, for the defendant.

Lawrence, Judge:

The appeals for a reappraisement enumerated in schedule A, attached to and made part of the decision herein, present *702the question of the proper dutiable value of certain telephone apparatus exported from Belgium.

By stipulation of the parties hereto, it has been agreed that, on or about the date of exportation, such or similar merchandise was not freely offered for sale in Belgium either for home consumption or for export to the United States. It was further stipulated and agreed that, on or about that date, such or similar imported merchandise was not freely offered for sale for domestic consumption in the United States and that the cost of production of said merchandise, as defined in section 402(f) of the Tariff Act of 1930 (19 U.S.C. §1402(f)), is the invoice unit values, plus 2.91 per centum.

Upon the agreed facts, I find and hold that cost of production, as that value is defined in section 402(f), *swpra,*is the proper basis of value for the telephone apparatus in issue and that said value is the invoice unit values, plus 2.91 per centum.

As to any other merchandise, the appeals are dismissed.

Judgment will be entered accordingly.
Exhibit 23.1


                             CONSENT OF INDEPENDENT
                          CERTIFIED PUBLIC ACCOUNTANTS

Caprius, Inc.
Fort Lee, New Jersey

We hereby consent to the incorporation by reference in the Registration
Statements on Form S-8 (No. 33-47517, 33-70834 and 33-78928) of our report dated
November 10, 2000, relating to the consolidated financial statements of Caprius,
Inc. appearing in the Company's Annual Report on Form 10-KSB for the year ended
September 30, 2000. Our report contains an explanatory paragraph regarding the
Company's ability to continue as a going concern.


                                             /s/ BDO SEIDMAN, LLP
                                             -----------------------------
                                             BDO SEIDMAN, LLP

Boston, Massachusetts
January 16, 2000
II 

112TH CONGRESS 

2D SESSION S. 2084 

To require the Secretary of Transportation to establish accelerated licensing 

procedures to assist veterans to acquire commercial driver’s licenses, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 9, 2012 

Ms. SNOWE (for herself and Ms. KLOBUCHAR) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To require the Secretary of Transportation to establish accelerated licensing procedures to assist veterans to acquire 

commercial driver’s licenses, and for other purposes. 

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

3 SECTION 1. PROGRAM TO ASSIST VETERANS TO ACQUIRE 

4 COMMERCIAL DRIVER’S LICENSES. 

5 (a) DEFINITIONS.—In this section: 

6 (1) COMMERCIAL DRIVER’S LICENSE.—The 

7 term ‘‘commercial driver’s license’’ has the meaning 

8 given that term in section 31301 of title 49, United 

9 States Code. 


jbell on DSK7SPTVN1PROD with BILLS
2 

•S 2084 IS

1 (2) STATE.—The term ‘‘State’’ has the mean2 ing given that term in such section. 

3 (3) VETERAN.—The term ‘‘veteran’’ has the 

4 meaning given that term in section 101 of title 38, 

5 United States Code. 

6 (b) ESTABLISHMENT.—Not later than 1 year after 

7 the date of the enactment of this Act, the Secretary of 

8 Transportation, in consultation with the Secretary of De9 fense and in cooperation with the States, shall establish 

10 accelerated licensing procedures to assist veterans to ac11 quire commercial driver’s licenses. 

12 (c) ACCELERATED LICENSING PROCEDURES.—The 

13 procedures established under subsection (b) shall be de14 signed to be applicable to any veteran who— 

15 (1) is attempting to acquire a commercial driv16 er’s license; and 

17 (2) obtained, during military service, driving ex18 perience that, in the determination of the Secretary 

19 of Transportation, makes the use of accelerated li20 censing procedures appropriate. 

Æ 


jbell on DSK7SPTVN1PROD with BILLS
Exhibit 23.1

Consent of Independent Registered Public Accounting Firm

The
Board of Directors
Electronics Boutique Holdings Corp.:

We
consent to the incorporation by reference in the registration statements (Nos. 333-47684 and 333-65463) on Form S-8 of Electronics Boutique
Holdings Corp. of our reports dated April 7, 2005, with respect to the consolidated balance sheets of Electronics Boutique Holdings Corp. and subsidiaries as of January 29, 2005 and
January 31, 2004, and the related consolidated statements of income, stockholders' equity, and cash flows for each of the years in the three-year period ended January 29,
2005, and the related financial statement schedule, management's assessment of the effectiveness of internal control over financial reporting as of January 29, 2005 and the effectiveness of
internal control over financial reporting as of January 29, 2005, which reports appear in the January 29, 2005 annual report on Form 10-K of Electronics Boutique
Holdings Corp.

Our
report with respect to the consolidated financial statements refers to a change in the method of accounting for consideration received from a vendor.

KPMG
LLP

Philadelphia,
Pennsylvania
April 7, 2005

---



QuickLinks
II 

112TH CONGRESS 

1ST SESSION S. 2031 

To make funds available for the American centrifuge project research, development, and demonstration program of the Department of Energy, with 

an offset. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 17, 2011 

Mr. BROWN of Ohio (for himself and Mr. PORTMAN) introduced the following 

bill; which was read twice and referred to the Committee on Energy and 

Natural Resources 

A BILL 

To make funds available for the American centrifuge project 

research, development, and demonstration program of 

the Department of Energy, with an offset. 

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

3 SECTION 1. AMERICAN CENTRIFUGE PROJECT RESEARCH, 

4 DEVELOPMENT, AND DEMONSTRATION PRO5 GRAM. 

6 (a) IN GENERAL.—The Secretary of Energy is au7 thorized to make $150,000,000 available to carry out the 

8 American centrifuge project research, development, and 


srobinson on DSK4SPTVN1PROD with BILLS
2 

•S 2031 IS

1 demonstration program of the Department of Energy, to 

2 remain available until expended, of which— 

3 (1) $44,000,000 shall be derived from proceeds 

4 from the disposition of reenriched uranium from ex5 isting uranium owned by the Department of Energy; 

6 and 

7 (2) $106,000,000 shall be derived from unobli8 gated balances of funds made available to carry out 

9 other programs and activities of the Department. 

10 (b) REPORTS.—The Secretary of Energy shall submit 

11 to the Committee on Appropriations of the Senate, the 

12 Committee on Appropriations of the House of Representa13 tives, the Committee on Energy and Natural Resources 

14 of the Senate, and the Committee on Energy and Com15 merce of the House of Representatives quarterly reports 

16 on the progress of the program described in subsection 

17 (a). 

Æ 


srobinson on DSK4SPTVN1PROD with BILLS
[Federal Register Volume 62, Number 149 (Monday, August 4, 1997)]
[Notices]
[Pages 41952-41953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20396]


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

DEPARTMENT OF COMMERCE

Patent and Trademark Office


Meeting of the Public Advisory Committee for Trademark Affairs

AGENCY: Patent and Trademark Office, Commerce.

ACTION: Notice of meeting.

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

SUMMARY: The Patent and Trademark Office is announcing, in accordance 
with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 
92-463), an open meeting of the Public Advisory Committee for Trademark 
Affairs.

DATES: The meeting will be held from 10:00 a.m. until 4:00 p.m. on 
Monday, September 22, 1997.

ADDRESSES: U.S. Patent and Trademark Office, 2121 Crystal Drive, 
Crystal Park 2, Room 912, Arlington, Virginia.

FOR MORE INFORMATION CONTACT: David E. Bucher, Deputy Assistant 
Commissioner for Trademark Policy and Projects, by mail marked to his 
attention and addressed to Office of the Assistant Commissioner for 
Trademarks, Patent and Trademark Office, 2900 Crystal Drive, South 
Tower Building, Suite 10B10, Arlington, VA 22202-3513; by telephone at 
(703) 308-9100, ext. 20; by fax at (703) 308-9099; or by e-mail to 
<a href="/cdn-cgi/l/email-protection#8febeef9eaa1edfaece7eafdcffafcfffbe0a1e8e0f9"><span class="__cf_email__" data-cfemail="91f5f0e7f4bff3e4f2f9f4e3d1e4e2e1e5febff6fee7">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The meeting will be open to public 
observation. Accordingly, seating will be available to members of the 
public on a first-come-first-served basis. Members of the public will 
be permitted to make oral comments of three (3) minutes each. Written 
comments and suggestions will be accepted before or after the meeting 
on any of the matters discussed. Copies of the minutes will be 
available upon request. The agenda for the meeting is as follows:
    (1) Current Trademark Office Performance.
    (2) Policy Issues.
    (3) TTAB Issues, including update on Rules Package.
    (4) Finance.
    (5) Automation.
    (6) Domestic Legislation.
    (7) International Trademark Issues.


[[Page 41953]]


    Dated: July 28, 1997.
Bruce A. Lehman,
Assistant Secretary of Commerce and Commissioner of Patents and 
Trademarks.
[FR Doc. 97-20396 Filed 8-1-97; 8:45 am]
BILLING CODE 3510-16-P


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</html>
**Exhibit 32.1**

AMTECH SYSTEMS, INC. AND ITS SUBSIDIARIES

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

          In connection with the Annual Report of Amtech Systems, Inc. (the “Company”) on Form 10-K for the period ended September 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Jong S. Whang, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:

            (1)  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 result of operations of the Company.

|   | By     | /s/ Jong S.   Whang                     |
|--------|--------|-----------------------------------------|
|   |   |                                         |
|   |   | Jong S.   Whang                         |
|   |   | President   and Chief Executive Officer |
|   |   | Date:   December 21, 2006               |
Exhibit 23.1




                          INDEPENDENT AUDITORS' CONSENT



         We consent to the incorporation by reference in Registration Statements
No. 33-47517, 33-70834 and 33-78928 of Caprius, Inc. (the "Company") on Form S-8
of our report dated December 7, 1999 on the consolidated financial statements of
the Company and its subsidiaries for the years ended September 30, 1999 and
1998, which contains an explanatory paragraph expressing substantial doubt about
the Company's ability to continue as a going concern, appearing in this Annual
Report on Form 10-KSB of the Company.


                                             BDO Seidman
                                             ------------
                                             BDO Seidman, LLP


Boston, Massachusetts
January     , 2000
        ----
Exhibit 32.1

                           INTRAOP MEDICAL CORPORATION
                      (FORMERLY DIGITALPREVIEWS.COM, INC.)

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Intraop Medical Corporation (formerly
Digitalpreviews.com,  Inc.) (the Company) on Form 10-QSB/A for the period ending
March 31, 2004, as filed with the Securities and Exchange Commission on the date
hereof (the Report),  I, David Shamy,  Principal Executive Officer and Principal
Financial Officer of the Company,  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 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 the Company.

                                                 /s/   David Shamy
                                                 ---------------------------
                                                 David Shamy
                                                 Principal Executive Officer
                                                 Principal Financial Officer

                                                 Date:  July 14, 2004


A signed original of this written statement required by Section 906 has been
provided to Intraop Medical Corporation and will be retained by Intraop Medical
Corporation and furnished to the Securities and Exchange Commission or its staff
upon request.

                                       18
#### S. S. Kresge Co., Inc. *v.*United States

No. 6198.

Invoice dated Sonneberg, Germany, November 11, 1938.

Entered at New York, N. Y., November 28, 1938.

Entry No. 765825.

(Decided August 3, 1945)

*Sharretts & Hillis (Edward P. Sharretts*of counsel) for the plaintiff.

*Paul P. Rao,*Assistant Attorney General *(Daniel I. Auster,*special attorney); for the defendant.

*407Cole, Judge:

The value of glass animals or novelties, exported from Germany and entered at the port of New York, is involved in this appeal for reappraisement.

The case has been submitted for decision on a written stipulation, filed July 23, 1945, wherein the parties agree that the invoice items marked “A,” initialed WRS, consist of glass animals or novelties exported from Germany in November 1938, whose *per se*unit invoice prices and market conditions with respect thereto are the same in-all material respects as those established in *F. W. Woolworth Co. et al.*v. *United States,*Reap. Dec. 5094, and that the record in said case be incorporated herein.

In the *Woolworth*case, *supra,*the question presented was whether the cash prices of people in the Sonneberg-Lauscha district of Germany manufacturing Christmas tree ornaments, cocktail sticks, and other glass novelties in their homes, represented the proper dutiable values of the merchandise; or, whether higher prices charged by commissionaires or dealers were the proper basis for appraisement. The court found that the manufacturers’ prices met all of the requirements of statutory value as defined in section 402' (c) and (d) of the Tariff Act of 1930 (19 U. S. C. 1940 ed-. §1402 (c) and (d)), and accordingly held such values to be the proper ones for tariff purposes.

On the agreed facts, I find that there existed for the glass animals or novelties in question, at the time of their exportation, a foreign value and an export value as they are defined in section 402 of the Tariff Act of 1930 (19 U. S. C. 1940 ed. §1402), and accordingly hold such values to be the invoice unit prices, plus *3%*per centum social assessments, plus packing and cost of cases, as invoiced.

The appeal, having been abandoned as to all other merchandise, is hereby dismissed so far as it relates thereto.

Judgment will be rendered accordingly.