alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### CAPITAL BANK OF NORTH BAY VILLAGE, f/k/a Bank of North Bay Village, a Florida Bank Corporation, Appellant, v. HARTNETT BUILDING MANAGEMENT, INC., a Florida Corporation, William J. Hartnett, John J. Hartnett, Robert C. Hartnett, James D. Hartnett, Elizabeth R. Hartnett, Jacqueline B. Hartnett, Kathleen N. Hartnett, Katherine P. Hartnett, Appellees.

No. 76-1275.

District Court of Appeal of Florida, Third District.

Nov. 29, 1977.

Rehearing Denied Jan. 9, 1978.

Stroock, Stroock & Lavan, Miami, for appellant.

Ritter & Ritter, John L. Hartnett, Coral Gables, for appellees.

Before PEARSON, HUBBART and KE-HOE, JJ.

PER CURIAM.

This is an appeal from an order dismissing with prejudice the appellees as defendants from plaintiff’s complaint. The appel-lees were the alleged endorsees and the alleged guarantors of a bank debt. After hearing the motion to dismiss, the trial court entered the order appealed from which found as a matter of fact that the personal guarantees were inconsistent with negotiations between the bank and the *160debtors. This finding of fact is outside the scope of a ruling on a motion to dismiss inasmuch as a motion to dismiss admits all matters well pleaded and should be granted with prejudice only when it appears from the complaint that the plaintiff cannot state a cause of action against the defendants. See *Posey v. Ford Motor Company,*128 So.2d 149 (Fla. 1st DCA 1961); and *Leonard v. Browne,*134 So.2d 872 (Fla. 1st DCA 1961).

Therefore, the order dismissing the complaint as to these defendants is reversed with directions to grant the defendants a reasonable time to file an answer setting up the factual defenses relied upon.

Reversed and remanded with directions.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 18-50228

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ARMANDO SIQUEIROS, 

Defendant-Appellant

_______________________________

Consolidated with 18-50244

UNITED STATES OF AMERICA, 

 Plaintiff-Appellee

v.

CARLOS IVAN ALEMAN-GALINDO, 

 Defendant-Appellant

Appeals from the United States District Court

for the Western District of Texas

USDC No. 2:17-CR-910-1

USDC No. 2:17-CR-652-1

United States Court of Appeals

Fifth Circuit

FILED

November 21, 2018

Lyle W. Cayce

Clerk

 Case: 18-50228 Document: 00514732975 Page: 1 Date Filed: 11/21/2018
No. 18-50228

c/w No. 18-50244

2

Before DAVIS, JONES, and DUNCAN, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Carlos Ivan 

Aleman-Galindo, also known as Armando Siqueiros, 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). 

Aleman-Galindo has not filed a response. We have reviewed counsel’s brief 

and the relevant portions of the record reflected therein. We concur with 

counsel’s assessment that the appeals present no nonfrivolous issue for 

appellate review. Accordingly, counsel’s motion for leave to withdraw is

GRANTED, counsel is excused from further responsibilities herein, and the 

APPEALS ARE DISMISSED. See 5TH CIR. R. 42.2.

 

* 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.

 Case: 18-50228 Document: 00514732975 Page: 2 Date Filed: 11/21/2018
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 January 31, 2014

h0127

Order 

Clerk

January 31, 2014

147329

PATRICE PARSONS,

Plaintiff,

v SC: 147329

AGC: 1966-10

ATTORNEY GRIEVANCE COMMISSION,

Defendant. 

______________________________________/

On order of the Court, the complaint for superintending control is considered, and 

relief is DENIED, because the Court is not persuaded that it should grant the requested 

relief.
[KPMG LLP Letterhead]




                                                                   Exhibit 23.01
                        Consent of KPMG LLP

The Board of Directors
Comdisco, Inc.:

We consent to incorporation by reference in Registration  Statement No. 33-20715
on  Forms  S-8 and  S-3,  Registration  Statement  No.  333-65535  on Form  S-3,
Registration  Statement No.  333-12765 on Form S-8,  Registration  Statement No.
333-32215  on Form  S-8,  Registration  Statement  No.  333-45263  on Form  S-8,
Registration Statement No. 333-50001 on Form S-8, and Registration Statement No.
333-87725 on Form S-3 of Comdisco,  Inc. of our reports dated  November 2, 1999,
relating to the consolidated  balance sheets of Comdisco,  Inc. and subsidiaries
as of September  30, 1999 and 1998 and the related  consolidated  statements  of
earnings,  stockholders   equity,  and cash  flows  for each of the years in the
three-year  period ended  September 30, 1999, and the related   schedule,  which
reports  appear,  or are  incorporated  by reference,  in the September 30, 1999
annual report on Form 10-K of Comdisco, Inc.

/s/ KPMG LLP

Chicago, Illinois
DECEMBER 21, 1999

                                      -46-
No. 00-737.

#### Russell *v.*Capital One Bank.

C. A. 6th Cir. Certiorari denied.
**Exhibit 31.4**

 

CERTIFICATION

 

I, Usama Malik,  Chief Financial Officer of Immunomedics, Inc., certify that:

 

1.                                      I have reviewed the first amendment to the Annual Report on Form 10-K of Immunomedics, Inc.; and

 

2.                                      Based on my knowledge, this amendment 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 amendment.

 

 
| Date: August 24, 2018 |   |
|----------------------------|--------|
|                       |   |
|                       |   |
| */s/ Usama Malik*          |   |
| Usama Malik                |   |
| Chief Financial Officer    |   |

 

----
September 16, 2014.



### JUDGMENT 

## The Fourteenth Court of Appeals

MONSOUR G. OWOLABI , Appellant

NO. 14

- 13

- 00433

- CR V.

THE STATE OF TEXAS , Appellee

________________________________ This cause was heard on the transcript of the record of the court below. Having considered the record, this Court holds that there was no error in the judgment. The Court orders the judgment AFFIRMED

. We further order appellant pay all costs expended in the appeal. We further order this decision certified below for observance.
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-30096

Summary Calendar

 

MORRIS OSELEN, JR.,

Petitioner-Appellant,

versus

BURL CAIN, Warden, Louisiana State Penitentiary; 

RICHARD IEYOUB, Attorney General, State of Louisiana,

Respondents-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Eastern District of Louisiana

USDC No. 97-CV-152-K

- - - - - - - - - -

August 14, 1998

Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Morris Oselen, Jr., Louisiana prisoner # 87604, appeals the

district court’s denial of his petition for writ of habeas

corpus, pursuant to 28 U.S.C. § 2254. Following a jury trial,

Oselen was convicted of aggravated rape and was sentenced to life

imprisonment at hard labor. He argues that the State withheld

evidence material to his defense, in violation of the dictates of

Brady v. Maryland, 373 U.S. 83 (1963), when it failed to disclose

the victim’s initial police report.
No. 98-30096

-2-

Having reviewed the record and Oselen’s brief, we affirm for

essentially the same reasons adopted by the district court. See

Oselen v. Cain, No. 97-152 (E.D. La. Jan. 6, 1998).

AFFIRMED.
Exhibit 3.1(k)



CERTIFICATE OF AMENDMENT

TO

CERTIFICATE OF INCORPORATION

OF

IMMUNOMEDICS, INC.



---



Pursuant to Section 242 of the General

Corporation Law of the State of Delaware



---



It is hereby certified that:



1. The name of the corporation is Immunomedics, Inc. (the
Corporation).



2. The Certificate of Incorporation
of the Corporation was filed in the office of the Secretary of State of the State of Delaware on July 6, 1982.



3. The Certificate of Incorporation of the Corporation is hereby amended by deleting in its entirety Paragraph (a) of ARTICLE IV and substituting the
following therefor:



(a) The Corporation shall be
authorized to issue one hundred-twenty million (120,000,000) shares, consisting of one hundred-ten million (110,000,000) shares of Common Stock, $.01 par value per share (Common Stock), and ten million (10,000,000) shares of Preferred
Stock, $.01 par value per share (Preferred Stock).



4. The amendment to the Certificate of Incorporation set forth above has been duly adopted in accordance with the provisions of Section 242 of the General Corporation Law of the State of Delaware.



IN WITNESS WHEREOF, the Corporation has caused this Certificate of Amendment
to be signed by its President and Chief Executive Officer and attested to by its Secretary this 25th day of August, 2005.



/s/ Cynthia L. SullivanCynthia L. Sullivan President and Chief Executive
Officer




|                                
|--------------------------------
|Attest:                         
|                                
|/s/ Phyllis ParkerPhyllis Parker
|Secretary
EXHIBIT 23.1

<PAGE>


                       CONSENT OF INDEPENDENT ACCOUNTANTS

We consent to the  incorporation by reference in the  registration  statement of
Medco Research,  Inc. and its subsidiary on Form S-8 (File No.  33-35675) of our
report  dated  January  22,  1999,  on our audit of the  consolidated  financial
statements of Medco  Research,  Inc. and its  subsidiary as of December 31, 1998
and 1997 and for each of the years then ended,  which report is included in this
Annual Report on Form 10-K.

                                        PricewaterhouseCoopers LLP

Raleigh, North Carolina
March 15,1999
June 2015 EPA Region 9

Rule 312Abrasive Blasting Rule 314 Open Outdoor Fires and Indoor Fireplaces at Commercial and Institutional Establishments Rule 316 Nonmetallic Mineral Processing Rule 318 Approval of Residential Woodburning Devices Rule 320 Odors and Gaseous Air Contaminants Rule 325 Brick and Structural Clay Products (BSCP) Manufacturing Rule 331 Solvent Cleaning Rule 334 Rubber Sports Ball Manufacturing Rule 335 Architectural Coatings Rule 336 Surface Coating Operations Rule 337 Graphic Arts Rule 338 Semiconductor Manufacturing Rule 339 Vegetable Oil Extraction Processes Rule 340 Cutback and Emulsified Asphalt Rule 341 Metal Investment Casting Rule 342 Coating Wood Furniture and Fixtures Rule 343 Commercial Bread Bakeries Rule 344 Automotive Windshield Washer Fluid Rule 345 Vehicle and Mobile Equipment Coating Rule 346 Coating Wood Millwork Rule 347 Ferrous Sand Casting Rule 348 Aerospace Manufacturing and Rework Operations Rule 349 Pharmaceutical, Cosmetic and Vitamin Manufacturing Operations Rule 351 Loading of Organic Liquids Rule 352 Gasoline Delivery Vessel Testing and Use Rule 353 Gasoline in Stationary Dispensing Tanks Rule 358 Polystyrene Foam Operations

http://www.maricopa.gov/aq/divisions/planning_analysis/AdoptedRules.aspx http://apps.azsos.gov/public_services/Title_18/18-02.pdf List of Additional Source Category-Specific Rules in Maricopa County *Review compared Maricopa County 300 series of rules and Article 7 of ADEQ's rules. Review did not include NSPS/NESHAP standards adopted by reference or comparison of source-specific rules for the 28 source category list (see 40 CFR 51.166(b)(1)(iii).
----

----

| 1.  | The      Quarterly Report fully complies with the requirements of      Section 13(a) or 15(d) of the Securities Exchange Act of      1934, as amended; and |
|----------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 2.   | The      information contained in the Quarterly Report fairly presents, in all      material respects, the financial condition and results of operations of      the LP. |
|----------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date: October 31, 2008                                                                                                      |   |   |
|----------------------------------------------------------------------------------------------------------------------------------|--------|--------|
|                                                                                                                             |   |   |
| /s/      Michael A. Reisner                                                                                                      |   |   |
| Michael      A. Reisner                                                                                                          |   |   |
| Co-Chief      Executive Officer and Co-PresidentICON      Capital Corp.General      Partner of ICON Income Fund Eight BL.P. |
[Federal Register Volume 62, Number 18 (Tuesday, January 28, 1997)]
[Notices]
[Page 4049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2030]


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

FEDERAL EMERGENCY MANAGEMENT AGENCY
[FEMA-1154-DR]


Idaho; Amendment to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster for the 
State of Idaho, (FEMA-1154-DR), dated January 4, 1997, and related 
determinations.

EFFECTIVE DATE: January 10, 1997.

FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Response and Recovery 
Directorate, Federal Emergency Management Agency, Washington, DC 20472, 
(202) 646-3260.

SUPPLEMENTARY INFORMATION: The notice of a major disaster for the State 
of Idaho, is hereby amended to include the following area among those 
areas determined to have been adversely affected by the catastrophe 
declared a major disaster by the President in his declaration of 
January 4, 1997:

    Nez Perce County for Individual Assistance and debris removal 
and emergency protective measures under the Public Assistance 
program.

(Catalog of Federal Domestic Assistance No. 83.516, Disaster 
Assistance.)
Lacy E. Suiter,
Executive Associate Director, Response and Recovery Directorate.
[FR Doc. 97-2030 Filed 1-27-97; 8:45 am]
BILLING CODE 6718-02-P
[Federal Register Volume 62, Number 18 (Tuesday, January 28, 1997)]
[Notices]
[Page 4049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2032]


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

FEDERAL EMERGENCY MANAGEMENT AGENCY
[FEMA-1155-DR]


California; Amendment to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster for the 
State of California, (FEMA-1155-DR), dated January 4, 1997, and related 
determinations.

EFFECTIVE DATE: January 15, 1997.

FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Response and Recovery 
Directorate, Federal Emergency Management Agency, Washington, DC 20472, 
(202) 646-3260.

SUPPLEMENTARY INFORMATION: The notice of a major disaster for the State 
of California, is hereby amended to include the Hazard Mitigation Grant 
program and additional categories of assistance under the Public 
Assistance program in those areas determined to have been adversely 
affected by the catastrophe declared a major disaster by the President 
in his declaration of January 4, 1997:

    The counties of Alpine, Amador, Butte, Calaveras, Colusa, Contra 
Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Lake, Lassen, 
Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Mono, Monterey, 
Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Joaquin, 
San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, 
Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, 
Tuolumne, Yolo, and Yuba Counties for Hazard Mitigation and Public 
Assistance Categories C, D, E, F, and G. Federal assistance to 
replace trees is not eligible. (These counties have already been 
designated for Individual Assistance and Categories A and B under 
Public Assistance.)

(Catalog of Federal Domestic Assistance No. 83.516, Disaster 
Assistance.)
Lacy E. Suiter,
Executive Associate Director, Response and Recovery Directorate.
[FR Doc. 97-2032 Filed 1-27-97; 8:45 am]
BILLING CODE 6718-02-P
STEAM ELECTRIC

C B I R E P L AC E M E NT P A G E

EPA

- HQ

- OW

- 20 09

- 0819

DCN:

________________________________________

T H E FO LL OW ING H AS BEE N R E M O V E D BE CAUSE IT
C O N T AINS C O N F ID E N T IAL B USIN E SS IN FO RMA T I O N (C B I) P E R 4 0 C F R P ART 2
, SU B P ART B

. SE0 4360A154
**Exhibit
      10.16**







**AMENDMENT
      NO. 1 TO**





**EMPLOYMENT
      AGREEMENT**




This
      Amendment is dated as of the 7th day of August 2007 between Mary Smith
      (“Executive”) and Greater Community Bank, a New Jersey
      Corporation.  This Amendment memorializes a verbal agreement entered
      into between the parties in February 2007 and is intended to be effective
      February 3, 2007.







**RECITALS**




**WHEREAS,**
      Executive and the Company are parties to an Employment Agreement dated January
      1, 2005 (the “Agreement”); and




**WHEREAS,**
      the Agreement
      currently provides that the Executive's salary may be increased after an annual
      review; and





**WHEREAS,**
      the parties
      wish to modify the salary provision;





**NOW
      THEREFORE,** in consideration of the mutual promises contained in this
      Amendment, the Parties intending to be legally bound, agree as
      follows:




1.           Salary  Paragraph
      4(a) of the Employment Agreement shall be modified to read as
      follows:




Effective
      February 3, 2007, the Company shall pay the Executive an annual salary of
      $182,300.00 payable in the manner consistent with the payroll practices for
      the
      executive officers of the Company.  Future increases to the
      Executive’s earnings are anticipated to be generated by production
      bonuses.  Greater Community Bank may make future adjustments to the
      Executive’s base salary at its sole discretion.




2.           No
      Further Amendment.  Except as expressly provided in this
      Amendment, the terms and conditions of the Agreement are and remain in full
      force and effect.




**IN
      WITNESS WHEREOF** the Parties have caused this Amendment this 7th day of
      August 2007.










Dated:
                August 7, 2007
            */s/
                Mary Smith*Mary
                SmithDated:
                August 7, 2007
            GREATER
                COMMUNITY BANK*/s/Anthony
                M. Bruno, Jr.*Anthony
                M. Bruno, Jr.Chairman,
                President and Chief Executive
                Officer






22
EXHIBIT 32.1

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

I,
Michael J. Degen, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report of
Nortech Systems Incorporated on Form 10-K/A for the year ended December 31, 2007, 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 Annual Report on Form 10-K/A fairly presents in all material respects the financial condition and results of operations
of Nortech Systems Incorporated.

|May 13, 2008 |  | By: |  | /s/ Michael J. DegenMichael J. Degen
Chief Executive Officer
Nortech Systems Incorporated
|------------ |  | --- |  | -----------------------------------------------------------------------------------------

I,
Richard G. Wasielewski, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report of
Nortech Systems Incorporated on Form 10-K/A for the year ended December 31, 2007, 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 Annual Report on Form 10-K/A fairly presents in all material respects the financial condition and results of operations of Nortech Systems Incorporated.

|May 13, 2008 |  | By: |  | /s/ Richard G. WasielewskiRichard G. Wasielewski
Chief Financial Officer
Nortech Systems Incorporated
|------------ |  | --- |  | -----------------------------------------------------------------------------------------------------

---



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**
#### Ernest PARKER, Appellant, v. STATE of Florida, Appellee.

No. 76-1987.

District Court of Appeal of Florida, Second District.

Jan. 27, 1978.

Thomas J. Hanlon, Tampa, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, \ and Charles Corees, Jr., Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

The judgment appealed is affirmed, but this case is remanded for resentencing of appellant. The present sentence does not specifically set forth the period of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1975); *Brooks v. State,*349 So.2d 794 (Fla. 2d DCA 1977). The appellant need not be present at resen-tencing.

HOBSON, Acting C. J., and RYDER and DANAHY, JJ., concur.