alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 The Honorable David S. Doty, United States District Judge for the District of Minnesota. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 01-3055

___________ Richard N. Hendricks, * * Appellant, * Appeal from the United States * District Court for the v. * District of Minnesota. * Keith G. Rasmussen, M. D., * [UNPUBLISHED] * Appellee. *

___________ Submitted: January 15, 2002 Filed: January 28, 2002

___________ Before McMILLIAN, BOWMAN, and BYE, Circuit Judges.

___________ PER CURIAM. In his 42 U.S.C. § 1983 action, Richard Hendricks claimed that Keith Rasmussen (a psychiatrist at the Mayo Clinic in Rochester) violated his civil rights by wrongfully ordering his involuntary commitment for mental illness. The district court 1 granted Rasmussen’s motion for summary judgment, holding that Rasmussen was not a state actor under section 1983. Hendricks appeals, arguing that Rasmussen became a state actor when he invoked a state involuntary-commitment statute.-2- We agree with the district court that Rasmussen was not a state actor. See Youngblood v. Hy-Vee Food Stores, Inc. , 266 F.3d 851, 855 (8th Cir. 2001) (private party’s mere invocation of state legal procedures does not constitute state action; finding no state action where merchant detained suspected shoplifter in reliance on state statute allowing reasonable detentions for reasonable amount of time); Ellison v. Garbarino , 48 F.3d 192, 195-96 (6th Cir. 1995) (finding no state action when private physician admitted patient pursuant to state involuntary-commitment statute). Accordingly, we affirm. See 8th Cir. R. 47B. A true copy.
Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
**EXHIBIT 31.3**

 

**CERTIFICATION**

** **

I, Frank F.Khulusi, certify that:

 

1.     I have reviewed this Amendment No. 1to the Annual Report on Form 10-K of PC Mall, Inc.; and

 

2.     Based on my knowledge, this report does notcontain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report.

 
| Date:  April 30, 2009 | /s/ Frank F.  Khulusi    |
|----------------------------|--------------------------|
|                       | Frank F.  Khulusi        |
|                       | Chief  Executive Officer |

 

----
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 809 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 809

        For the relief of Kenneth R. Loeh of Royalton, Illinois.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 3, 1993

 Mr. Poshard introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
        For the relief of Kenneth R. Loeh of Royalton, Illinois.

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

SECTION 1. APPROPRIATION OF FUNDS.

    (a) Payment.--The Secretary of the Treasury shall pay, out of any 
money in the Treasury not otherwise appropriated, to Kenneth R. Loeh of 
Royalton, Illinois, the sum of $100,000.
    (b) Basis.--The payment required by subsection (a) shall be to 
compensate Kenneth R. Loeh for the injuries sustained by him as a 
result of the administration to him, without his knowledge, of lysergic 
acid diethylamide by United States Army personnel in 1957.

SEC. 2. SATISFACTION OF CLAIMS.

    The payment made pursuant to section 1 shall be in full 
satisfaction of all claims Kenneth R. Loeh may have against the United 
States for any injury described in such section.

SEC. 3. INELIGIBILITY FOR ADDITIONAL BENEFITS.

    Upon payment of the sum referred to in section 1, Kenneth R. Loeh 
shall not be eligible for any compensation or benefits from the 
Department of Veterans Affairs or the Department of Defense for any 
injury described in such section.

SEC. 4. LIMITATION OF AGENTS AND ATTORNEYS FEES.

    It shall be unlawful for an amount of more than 10 percent of the 
amount paid pursuant to section 1 to be paid to or received by any 
agent or attorney for any service rendered to Kenneth R. Loeh in 
connection with the benefits provided by this Act. Any person who 
violates this section shall be guilty of an infraction and shall be 
subject to a fine in the amount provided in title 18, United States 
Code.

                                 <all>
```
#### STATE of Louisiana v. Wayne THOMAS.

No. 61308.

Supreme Court of Louisiana.

June 19, 1978.

Arthur A. Lemann, III, Supervising Atty., New Orleans, Paul R. Brady, III, Student Practitioner, Loyola Law School Clinic, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Con-nick, Dist. Atty., Louise S. Korns, Asst. Dist. Atty., for plaintiff-appellee.

PER CURIAM.

Defendant was indicted for aggravated rape, a violation of R.S. 14:42. Following a trial by jury defendant was found guilty of forcible rape (R.S. 14:43.1) by a unanimous verdict. He was thereafter sentenced to twenty years at hard labor in the custody of the Department of Corrections. On appeal defendant relies on five assignments of error in seeking a reversal of his conviction and sentence.

We find no merit in the assignments of error.1

*Decree*

Accordingly we affirm defendant’s conviction and sentence.

AFFIRMED.

SUMMERS, J., concurs.

1

. The substance of appellant’s assignments of error were as follows:

> 1. The court erred in overruling defense motion to suppress the identification.

> 2. The court erred in denying motions for new trial and arrest of judgment in that state failed to prove all elements of crime, more particularly, that defendant was not the husband or separated from bed and board from the victim.

> 4. Court erred in overruling defense objection to prosecutor’s rebuttal argument.

> 5. Court erred in overruling defense motion for mistrial in that jury was not sequestered.

> 6. Court erred in allowing physical examination of physical evidence by jury in contravention of Article 793.
EXHIBIT 31.3



CERTIFICATION



I, Frank F. Khulusi, certify that:



1. I have reviewed this Amendment No. 1 to
the Annual Report on Form 10-K of PCM, 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 28, 2016 | /s/
    Frank F. Khulusi
|-------------------- | ------------------------
|                     | Frank F. Khulusi        
|                     | Chief Executive Officer
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 936 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 936

To amend the Boston National Historical Park Act of 1974 to authorize a 
     cooperative agreement with the Boston Public Library for the 
 distribution of informational and interpretive materials relating to 
                   the park and to the Freedom Trail.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 17, 1993

 Mr. Moakley introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
To amend the Boston National Historical Park Act of 1974 to authorize a 
     cooperative agreement with the Boston Public Library for the 
 distribution of informational and interpretive materials relating to 
                   the park and to the Freedom Trail.

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

SECTION 1. AMENDMENT OF BOSTON NATIONAL HISTORIC PARK ACT.

    Section 3(b) of the Boston National Historical Park Act (16 U.S.C. 
410z-1(c)) is amended by inserting ``(1)'' before the first sentence 
thereof and by adding the following at the end thereof:
    ``(2) The Secretary of the Interior is authorized to enter into a 
cooperative agreement with the Boston Public Library to provide for the 
distribution of informational and interpretive materials relating to 
the park and to the Freedom Trail.''.

                                 <all>
```
**EXHIBIT 10.28**

**Summary of Director Compensation Arrangements**

We currently pay each director who is not employed byus or any of our affiliates (i.e., all of our directors except for our Chairman, Frank F. Khulusi) a quarterly retainer of $6,000, $2,500 for each regular board meeting attended in person or telephonically, $1,000 for each special board meetingattended in person or telephonically, $1,000 for each committee meeting attended in person, and $500 for each committee meeting attended telephonically. We also pay the chairperson of the Audit Committee of our Board of Directors an additionalannual retainer of $12,500 (paid quarterly) for serving in such capacity. Directors who are employed by us or any of our affiliates are not paid any additional compensation for their service on our Board of Directors. We reimburse each of ourdirectors for reasonable out-of-pocket expenses that they incur in connection with attending board or committee meetings. We have entered into indemnification agreements, a form of which is attached as an exhibit to the accompanying Annual Report onForm 10-K, with each of our directors. 

Our directors are also eligible to participate in our 1994 Stock Incentive Plan, as amended, whichis administered by our Compensation Committee under authority delegated by our Board of Directors. The terms and conditions of option grants to our non-employee directors under our 1994 Stock Incentive Plan, as amended, are determined in thediscretion of our Compensation Committee, and must be consistent with the terms of the 1994 Stock Incentive Plan, as amended, which is filed as an exhibit to the accompanying Annual Report on Form 10-K. 

The compensation arrangements we have with our directors are reviewed and may be modified from time to time by our Board of Directors.
EXHIBIT 32

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350

     The undersigned hereby certifies that to her knowledge the quarterly report
of TMSS Liquidation, Inc. (the "Company") filed with the Securities and Exchange
Commission on the date hereof fully complies with the requirements of section
13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information
contained in such report fairly represents, in all material respects, the
financial condition and results of operations of the Company. A signed original
of this written statement required by Section 906 of The Sarbanes-Oxley Act of
2002 has been provided to TMSS Liquidation, Inc. and will be retained by TMSS
Liquidation, Inc. and furnished to the Securities and Exchange Commission or its
staff upon request.

Date: August 1, 2005           /s/ Deborah D. Mosier
                                   Deborah D. Mosier
                                   President and Chief Financial Officer,
                                   Principal Executive and Financial Officer
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 821 Committee Discharged Senate (CDS)]

103d CONGRESS
  1st Session
                                H. R. 821

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

               August 3 (legislative day, June 30), 1993

Received; read twice and referred to the Committee on Veterans' Affairs

            November 10 (legislative day, November 2), 1993

                          Committee discharged

_______________________________________________________________________

                                 AN ACT

 
To amend title 38, United States Code, to extend eligibility for burial 
    in national cemeteries to persons who have 20 years of service 
  creditable for retired pay as members of a reserve component of the 
                             Armed Forces.

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

SECTION 1. ELIGIBILITY FOR BURIAL IN NATIONAL CEMETERIES.

    (a) In General.--Section 2402 of title 38, United States Code, is 
amended--
            (1) by redesignating paragraph (6) as paragraph (7); and
            (2) by adding after paragraph (5) the following new 
        paragraph:
    ``(6) Any person who at the time of death was entitled to retired 
pay under chapter 67 of title 10 or would have been entitled to retired 
pay under that chapter but for the fact that the person was under 60 
years of age.''.
    (b) Conforming Amendments.--(1) Section 2301(e) of such title is 
amended by striking out ``section 2402(6)'' and inserting in lieu 
thereof ``section 2402(7)''.
    (2) Section 2306(a)(2) of such title is amended by striking out 
``(6)'' and inserting in lieu thereof ``(7)''.

            Passed the House of Representatives August 2, 1993.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.
```
256 La. 911

#### Clama HEBERT et al. v. STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS.

No. 50884.

Supreme Court of Louisiana.

Nov. 9, 1970.

In re: Clama Hebert et al. applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Calcasieu. 238 So.2d 372.

Writ denied. On the facts found by the Court of Appeal there appears no error of law in its judgment.

SANDERS and SUMMERS, JJ., are of the opinion that a writ should be granted.
<PAGE>
 
                                                                      EXHIBIT 23



                         INDEPENDENT AUDITORS' CONSENT


The Board of Directors
Datastream Systems, Inc.:

We consent to incorporation by reference in the Registration Statements on Forms
S-8 of Datastream Systems, Inc. of our reports dated February 4, 1999, relating
to the consolidated balance sheets of Datastream Systems, Inc. and subsidiaries
as of December 31, 1997 and 1998, and the related consolidated statements of
operations, stockholders' equity and comprehensive income, and cash flows for
each of the years in the three-year period ended December 31, 1998, and related
schedule, which reports appear in the December 31, 1998 annual report on Form 
10-K of Datastream Systems, Inc.

                                                   /s/ KPMG Peat Marwick LLP

Greenville, South Carolina 
March 30, 1999
#### John HICKS, Petitioner, v. Louie L. WAINWRIGHT, Director, Division of Corrections, Respondent.

No. 71-767.

District Court of Appeal of Florida, Fourth District.

Jan. 3, 1972.

Upon consideration of the petition for writ of habeas corpus and the State’s response thereto, it is the opinion of this Court that the Petition is procedurally faulty and that Petitioner’s right to relief has not been adequately demonstrated. We dismiss but without prejudice to Petitioner’s right to appropriately move for dismissal of the information and if then aggrieved to seek mandamus, if he is so advised. Dickey v. Circuit Court, Gadsen County, Quincy, Florida, Fla.1967, 200 So.2d 521.

The petition for writ of habeas corpus is denied.

Habeas corpus denied.
### IN THE COURT OF APPEALS OF TENNESSEE
AT KNOXVILLE December 10, 2015 Session

JAMES R. STERCHI, JR. v. LOUIS B. SAVARD, JR., AS EXECUTOR OF

THE ESTATE OF L. BASIL SAVARD, SR.

Appeal from the Circuit Court for Bradley County
No. V12500 Don R. Ash
, Senior Judge

No. E2015

- 00928

- COA

- R3

- CV

- FILED

- MARCH 11, 2016

THOMAS R. FRIERSON, II, J., concurring.

I concur fully in the majority’s decision in this case. I write separately solely to express my opinion that inasmuch as this action was initiated subsequent to July 1, 2011, the standard of review for summary judgment delineated in Tennessee Code Annotated §
20

- 16

- 101 (Supp. 2015) appl ies

. See Rye v. Women ’ s Care Ctr. of Memphis, MPLLC

, 477 S.W.3d 235, 249 (Tenn. 2015) (noting that in contrast to t he action in Rye , which was initiated in 2009, Tenn . Code Ann. § 20

- 16

- 101 “ applies to actions filed on or after July 1, 2011 .”) (citing Act of May 20, 2011, ch. 498, 2011 Tenn. Pub. Acts § 3 at 471). The statute provides:

In motions for summary judgmen t in any civil action in Tennessee, the moving party who does not bear the burden of proof at trial shall prevail on its motion for summary judgment if it:

(1) Submits affirmative evidence that negates an essential element of the nonmoving party’s claim; or

(2) Demonstrates to the court that the nonmoving party’s
evidence is insufficient to establish an essential element of the nonmoving party’s claim.

Tenn. Code Ann. § 20

- 16

- 101. See also Rye , 477 S.W.3d at 264 n.10 ( stating that the Rye majority analyzed the summary judgment standard “independent of and unrelated to legislative action.”).

_________________________________ THOMAS R. FRIERSON, II , JUDGE
I

103D CONGRESS

1ST SESSION H. R. 802

To increase opportunities for veterans held as prisoners-of-war during the

Vietnam era to participate in Department of Defense procurement actions.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 3, 1993

Mr. SOLOMON introduced the following bill; which was referred to the

Committee on Armed Services

A BILL

To increase opportunities for veterans held as prisonersof-war during the Vietnam era to participate in Department of Defense procurement actions.

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

3 SECTION 1. ENHANCED PARTICIPATION BY VETERANS IN

4 DEFENSE PROCUREMENT PROGRAMS.

5 (a) FORMER VIETNAM-ERA POWS TO BE ELIGIBLE

6 FOR SDB PROGRAM.—For purposes of section 1207(a)(1)

7 of Public Law 99–661 (10 U.S.C. 2301 note), an individ8 ual who was held as a prisoner of war during the Vietnam

9 era shall be deemed to be a socially and economically dis10 advantaged individual.
2

•HR 802 IH

1 (b) COVERAGE OF BUSINESSES AS SECTION 1207(a)

2 ENTITIES.—Section 806(c) of Public Law 100–180 is

3 amended by striking out the period at the end and insert4 ing in lieu thereof ‘‘, including small business concerns

5 owned and controlled by individuals who were held as pris6 oners of war during the Vietnam era, the majority of the

7 earnings of which directly accrue to such individuals.’’.

8 (c) IMPLEMENTATION.—Not later than 90 days after

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

10 Defense shall revise the regulations prescribed under sec11 tion 1207 of Public Law 99–661 and under section 806

12 of Public Law 100–180 (and such other regulations as

13 may be necessary) in order to take into account the provi14 sions of subsections (a) and (b) with respect to fiscal years

15 1992 and 1993.

Æ
# C_2015344EN.01000102.xml

| 17.10.2015 | EN | Official Journal of the European Union | C 344/1 |
| --- | --- | --- | --- |

17.10.2015

EN

Official Journal of the European Union

C 344/1

---

Non-opposition to a notified concentration

(Case M.7715 — BNP Paribas/GE Capital (European Fleet Leasing Business))

(Text with EEA relevance)

(2015/C 344/02)

On 9 October 2015, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in the English language and will be made public after it is cleared of any business secrets it may contain. It will be available:

1

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7715. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7715. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

1

---
I

103D CONGRESS

1ST SESSION H. R. 951

To amend title 38, United States Code, to provide for the payment of

the cemetery plot allowance for veterans eligible for burial in a national

cemetery but interred in a State veterans cemetery, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 17, 1993

Mr. SANGMEISTER introduced the following bill; which was referred to the

Committee on Veterans’ Affairs

A BILL

To amend title 38, United States Code, to provide for the

payment of the cemetery plot allowance for veterans eligible for burial in a national cemetery but interred in

a State veterans cemetery, 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. CEMETERY PLOT ALLOWANCE FOR VETERANS

4 ELIGIBLE FOR BURIAL IN A NATIONAL CEME5 TERY BUT INTERRED IN A STATE VETERANS

6 CEMETERY.

7 Section 2303 of title 38, United States Code, is

8 amended by adding at the end thereof the following:
2

•HR 951 IH

1 ‘‘(c) In addition to the benefits provided for under

2 section 2302 of this title and subsection (a) of this section,

3 in the case of a veteran who—

4 ‘‘(1) is eligible for burial in a national cemetery

5 under section 2402 of this title, and

6 ‘‘(2) is buried (without charge for the cost of a

7 plot or interment) in a cemetery, or a section of a

8 cemetery, that (A) is used solely for the interment

9 of persons eligible for burial in a national cemetery,

10 and (B) is owned by a State or by an agency or po11 litical subdivision of a State,

12 the Secretary shall pay to such State, agency, or political

13 subdivision the sum of $150 as a plot or interment allow14 ance for such veteran.’’.

15 SEC. 2. INCREASE IN FEDERAL AID TO STATES VETERANS’

16 CEMETERIES.

17 Paragraphs (1) and (2) of section 2408(b) are each

18 amended by striking out ‘‘50 percent’’ and inserting in

19 lieu thereof ‘‘65 percent.’’.

Æ