alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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this opinion should not be published and is not precedent except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. 98-10533

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

REGINALD TRENT ROSE,

Defendant-Appellant.

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:97-CR-134-1-Y

March 15, 1999

Before HIGGINBOTHAM, JONES, AND DENNIS, Circuit Judges.

PER CURIAM: *

Reginald Trent Rose appeals his convictions for possession and

possession with intent to distrib ute cocaine base. He first

contends that the district court erred by reading excerpts of a

witness’s testimony in response to a specific jury question about

the time at which a witness identified the defendant. The danger

in reading excerpted testimony to the jury is that the district

court will “substitute its judgment for that of the jury, or

. . .

invade its province as fa ctfinder.” U nited States v. Alonzo

, 6812

F.2d 997, 1003 (5th Cir. 1982). In contrast to U nited St ates v.

Rivera-Santiago

, 107 F.3d 960, 965-67 (1st Cir. 1997), the judge’s

selections of excerpts here were not one-sided. Because the

defendant can point to no omitted testimony potentially relevant to

the jury’s question, we find that the district court did not abuse

its discretion. See Alonzo , 681 F.2d at 1003.

We also find no error in the district court’s decision to give

an Allen charge. “The district court has broad discretion to give

an Allen charge when the jury indicates that it is deadlocked.”

United States v. Rivas

, 99 F.3d 170, 175 (5th Cir. 1996). The jury

had informed the court after about six hours of deliberation that

it was not unanimous and that “[i]t looks as if we wont [sic] get

there.” This scenario affords an excellent example of when an Allen

charge may be useful, and the district court certainly did not

abuse its discretion in giving one.

AFFIRMED.
**EXHIBIT 32.2**

 

**CERTIFICATION OF CHIEF FINANCIAL OFFICER**

 

**PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)**

 

In connection with the Quarterly Report on Form 10-Q for the period ended June 30, 2011 (the “Report”) of New Mountain Finance Corporation  (the “Registrant”), as filed with the Securities and Exchange Commission on the date hereof, I, Adam B. Weinstein, the Chief Financial Officer of the Registrant, hereby certify, to the best of my knowledge, that:

 

(1) The 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 Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.

 
|      | /s/ Adam B. Weinstein    |
|-----------|--------------------------|
| **Name:** | **Adam B. Weinstein**    |
| **Date:** | **August 11, 2011** |

 

----
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3516 Reported in House (RH)]

                                                 Union Calendar No. 240

103d CONGRESS

  2d Session

                               H. R. 3516

                          [Report No. 103-437]

_______________________________________________________________________

                                 A BILL

To increase the amount authorized to be appropriated for assistance for 
 highway relocation regarding the Chickamauga and Chattanooga National 
                       Military Park in Georgia.

_______________________________________________________________________

                             March 18, 1994

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union and ordered to be printed

                                                 Union Calendar No. 240
103d CONGRESS
  2d Session
                                H. R. 3516

                          [Report No. 103-437]

To increase the amount authorized to be appropriated for assistance for 
 highway relocation regarding the Chickamauga and Chattanooga National 
                       Military Park in Georgia.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 16, 1993

 Mr. Deal (for himself and Mr. Darden) introduced the following bill; 
        which was referred to the Committee on Natural Resources

                             March 18, 1994

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union and ordered to be printed
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL

 
To increase the amount authorized to be appropriated for assistance for 
 highway relocation regarding the Chickamauga and Chattanooga National 
                       Military Park in Georgia.

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

SECTION 1. INCREASE IN AUTHORIZATION OF APPROPRIATIONS.

    Section 1(c) of the Act entitled ``An Act to authorize and direct 
the National Park Service to assist the State of Georgia in relocating 
a highway affecting the Chickamauga and Chattanooga National Military 
Park in Georgia'', approved December 24, 1987 (101 Stat. 1442), is 
amended by striking ``$30,000,000'' and inserting 
-`-`-$-4-0-,-0-0-0-,-0-0-0-'-'-. ``$45,000,000''.
```
#### Samuel MOORE, Appellant, v. The STATE of Florida, Appellee.

No. 72-147.

District Court of Appeal of Florida, Third District.

Dec. 12, 1972.

Rex Ryland, Jr., Miami, for appellant.

Robert L. Shevin, Atty. Gen., and Arnold R. Ginsberg, Asst. Atty. Gen., for appellee.

Before BARKDULL, C. J., and HEND-RY and HAVERFIELD, JJ.

PER CURIAM.

Appellant, who is serving a life sentence in the State Penitentiary, seeks reversal of a judgment of conviction based on a jury verdict finding him guilty of murder in the first degree, with a recommendation of mercy.

Appellant first contends that the trial court erred in failing to suppress the out-of-court and in-court identification of the appellant and permitting such identification to go to the jury.

The crime occurred on June 16, 1971 and photographs were shown to the witness on June 26, and July 5, 1971, while the appellant was still at liberty. He was not arrested until July 9, 1971, after an investigation by the police. A preliminary hearing was held on July 22, 1971, and an indictment was returned on September 7, 1971.

Several folders, each containing eight or ten photographs, were presented to the two witnesses. Both witnesses identified the *466appellant positively on all occasions. We find no merit in the appellant’s contentions. See: Perkins v. State, Fla.1969, 228 So.2d 382; Lewis v. State, Fla.App.1972, 256 So.2d 526; Simmons v. United States, 390 U.S. 377, 88 S.Ct. 967, 19 L.Ed.2d 1247 (1968).

The final point relied upon by appellant for reversal is that the trial court erred in denying appellant’s motions for a mistrial and new trial based upon remarks made by the assistant state attorney during voir dire and closing argument. We have considered the remarks objected to and conclude that they did not constitute prejudicial error.

No reversible error having been demonstrated, the judgment and sentence are hereby affirmed.

Affirmed.
<PAGE>
                                                                 EXHIBIT 3.2(f)


                             AMENDMENT TO THE BYLAWS

                                       OF

                              INFORMIX CORPORATION

                             a Delaware corporation

         I, Gary Lloyd, as Secretary of INFORMIX CORPORATION, certify that:

         1. I am the Secretary of INFORMIX CORPORATION, a Delaware corporation
(the "Corporation").

         2. On June 13, 2000, the Board of Directors of INFORMIX CORPORATION
approved the following amendment to Article III, Section 1 of the Bylaws of
INFORMIX CORPORATION:

                  Section 1. Management. The property, business and affairs of
         the Corporation shall be managed by or under the direction of a Board
         of Directors. The number of Directors of the Corporation (including
         Directors to be elected by the holders of any one or more series of
         Preferred Stock voting separately as a class or classes) shall be eight
         (8). As used in these Bylaws, the terms "whole Board" or "whole Board
         of Directors" mean the total number of Directors which the Corporation
         would have if there were no vacancies. In addition to the powers and
         authorities by these Bylaws and the Certificate of Incorporation
         expressly conferred upon it, the Board of Directors may exercise all
         such powers of the Corporation, and do all such lawful acts and things
         as are not by statute or by the Certificate of Incorporation or by
         these Bylaws directed or required to be exercised or done by the
         stockholders.

Effective June 13, 2000                           INFORMIX CORPORATION

                                                  /s/ Gary Lloyd
                                                  ------------------------------
                                                  Gary Lloyd, Secretary
I

103D CONGRESS

1ST SESSION H. R. 3452

To provide that service performed in or under any of certain nonappropriated

fund instrumentalities of the Government be creditable for purposes

of the Federal Employees’ Retirement System.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 4, 1993

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

Committee on Post Office and Civil Service

A BILL

To provide that service performed in or under any of certain

nonappropriated fund instrumentalities of the Government be creditable for purposes of the Federal Employees’ Retirement System.

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

3 SECTION 1. CREDITABILITY OF CERTAIN NAFI SERVICE

4 UNDER THE FEDERAL EMPLOYEES’ RETIRE5 MENT SYSTEM.

6 (a) IN GENERAL.—Subject to subsection (b), upon

7 application to the Office of Personnel Management, any

8 individual who is an employee within the legislative branch
2

•HR 3452 IH

1 of the Government on the date of such application shall

2 be allowed credit under chapter 84 of title 5, United

3 States Code (for purposes of any benefits payable out of

4 the Fund) for any service, if—

5 (1) the service was performed by such individ6 ual as an employee of a nonappropriated fund in7 strumentality of the Department of Defense or the

8 Coast Guard, described in section 2105(c) of such

9 title; and

10 (2) such individual has served continuously in

11 the legislative branch of the Government since mov12 ing (after December 31, 1986, without a break in

13 service of more than 3 days) from a nonappropriated

14 fund instrumentality referred to in paragraph (1).

15 (b) CONDITIONS.—An individual may not be allowed

16 credit for service under this Act unless—

17 (1) an application is filed within 6 months after

18 the date of the enactment of this Act;

19 (2) such individual has been subject to chapter

20 84 of title 5, United States Code, since moving to

21 the legislative branch (in the manner described in

22 subsection (a)(2)); and

23 (3) such individual deposits to the credit of the

24 Fund an amount equal to 1.3 percent of basic pay

25 paid to such individual for such service, with interest
3

•HR 3452 IH

1 (which shall be computed in accordance with para2 graphs (2) and (3) of section 8334(e) of title 5,

3 United States Code).

4 SEC. 2. REGULATIONS.

5 The Office of Personnel Management shall prescribe

6 any regulations necessary to carry out this Act.

7 SEC. 3. DEFINITION.

8 For the purpose of this Act, the term ‘‘Fund’’ means

9 the Civil Service Retirement and Disability Fund.

Æ
HPMSVtypeID yearID HPMSBaseYearVMT baseYearOffNetVMT 10 2015 33975 0 20 2015 34237365 0 30 2015 23588125 0 40 2015 250025 0 50 2015 2396590 0 60 2015 8083290 0
ex108.htm












AMENDMENT THREE TO TECHNOLOGY LICENSING AND MARKETING


AGREEMENT BETWEEN SEPARATION DEGREES – ONE, INC. AND ECO SCIENCE SOLUTIONS, INC.







THIS AMENDMENT TWO, dated October 1, 2016, is relative to a Technology Licensing and Marketing Agreement (“Agreement”) entered into by and between Separation Degrees – One, Inc. (SDOI), and Eco Science Solutions, Inc. (ESSI), dated January 1, 2016, an Addendum to that Agreement dated the same day, and an Amendment to Technology Licensing and Marketing Agreement between Separation Degrees – One, Inc. and Eco Science Solutions, Inc. dated June 1, 2016 (“Amendment 1”).







This Amendment Two is entered into in so far as to the dollar amount of the issuance of S-8 shares of ESSI Common Stock, as stated terms of “Section 2. Compensation”, and with regard to both the Agreement, the Addendum, and the Amendment.







This Amendment Two increases the issuance of $35,000 worth of S-8 shares of ESSI Common Stock to $42,000 worth of S-8 shares of ESSI Common Stock effective October 1, 2016.







All other terms and conditions remain the same, and no terms shall be negated or changed as a result of this Amendment Two.







The undersigned, by signing below, do hereby acknowledge the receipt, review and understanding of the Amendment and do hereby agree to the increase from the issuance of S-8 Shares from $35,000 to $42,000 S-8 Shares.


 


SEPARATION DEGREES – ONE, INC.







 



	
By:

	
/s/Gannon Gigiere   

	  





Gannon Giguiere                  Date: October 1, 2016


CEO


 


 


ECO SCIENCE SOLUTIONS, INC.


 


 



	
By:

	
/s/Jeffery Taylor   

	  





Jeffery Taylor                       Date: October 1, 2016



	
CEO
# C_2013214EN.01000701.xml

| 27.7.2013 | EN | Official Journal of the European Union | C 214/7 |
| --- | --- | --- | --- |

27.7.2013

EN

Official Journal of the European Union

C 214/7

---

Non-opposition to a notified concentration

(Case COMP/M.6872 — Barry Callebaut/Petra Foods — Cocoa Ingredients Division)

(Text with EEA relevance)

2013/C 214/03

On 6 June 2013, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | 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/en/index.htm) under document number 32013M6872. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32013M6872. EUR-Lex is the on-line access to the European law.

---
Independent Auditors' Consent




The Board of Directors
Cooperative Bankshares, Inc.:

We consent to the  incorporation  by  reference in the  registration  statements
(Nos.  333-92219,  333-22335,  and  333-101442)  on  Forms  S-8  of  Cooperative
Bankshares,  Inc. of our report  dated  January 24,  2003,  with  respect to the
consolidated statements of financial condition of Cooperative  Bankshares,  Inc.
and subsidiary as of December 31, 2002, and the related consolidated  statements
of operations,  comprehensive income,  stockholders' equity, and cash flows, for
the years ended December 31, 2002 and 2001, which report appears in the December
31, 2003, annual report on Form 10-K of Cooperative Bankshares, Inc.


/s/ KPMG LLP

Raleigh, North Carolina
March 25, 2004
#### Ervin M. SMITH, Jr. v. STATE.

No. 37084.

Supreme Court of Florida.

Feb. 1968.

Certiorari dismissed without opinion. 204 So .2d 31.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This Schedule contains summary financial information extracted from the
consolidated financial statements and notes included in this Form 10-K and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-START>                             JUL-01-1999
<PERIOD-END>                               JUN-30-2000
<CASH>                                          16,338
<SECURITIES>                                         0
<RECEIVABLES>                                    5,211
<ALLOWANCES>                                         0
<INVENTORY>                                      3,617
<CURRENT-ASSETS>                                26,759
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  26,759
<CURRENT-LIABILITIES>                            3,767
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            17
<OTHER-SE>                                      22,975
<TOTAL-LIABILITY-AND-EQUITY>                    26,759
<SALES>                                              0
<TOTAL-REVENUES>                                 2,335
<CGS>                                                0
<TOTAL-COSTS>                                    3,994
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 546
<INCOME-PRETAX>                                (1,659)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (1,659)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,659)
<EPS-BASIC>                                     (0.10)
<EPS-DILUTED>                                   (0.10)


</TABLE>
SCWC-19-0000476

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI

STATE OF HAWAIʻI,

Petitioner and Respondent/Plaintiff-Appellant,

vs.

LEAH SKAPINOK, 

Respondent and Petitioner/Defendant-Appellee.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(CAAP-19-0000476; CASE NO. 1DTA-19-01048)

ORDER ACCEPTING APPLICATIONS FOR WRIT OF CERTIORARI

(By: Recktenwald, C.J., Nakayama, McKenna, and Wilson, JJ., and 

Circuit Judge Wong, assigned by reason of vacancy)

Petitioner and Respondent/Plaintiff-Appellant’s 

Application for Writ of Certiorari, filed on August 20, 2020, 

and Respondent and Petitioner/Defendant-Appellee’s Application 

for Writ of Certiorari, filed on August 24, 2020, are hereby 

accepted and will be scheduled for oral argument. The parties 

will be notified by the appellate clerk regarding scheduling.

DATED: Honolulu, Hawaiʻi, October 1, 2020.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Michael D. Wilson

/s/ Paul B.K. Wong

Electronically Filed

Supreme Court

SCWC-19-0000476

01-OCT-2020

11:03 AM
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Environmental Protection Agency

          - [FRL-9982-12-OEI]

# AGENCY:

Environmental Protection Agency (EPA).

# ACTION:

Notice of a New System of Records; correction.

# SUMMARY:

                        The Environmental Protection Agency's (EPA) Office of Environmental Information (OEI), Office of Enterprise Information Programs (OEIP), eDiscovery Division, published a document in the                         **Federal Register**                         of July 27, 2018, giving notice that it proposes to establish a new system of records pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 552a). The document did not include the comments due by date.                    

# FOR FURTHER INFORMATION CONTACT:

Brian K. Thompson, Acting Director, 202-564-4256.

# SUPPLEMENTARY INFORMATION:

## Correction

                    In the                     **Federal Register**                     of July 27, 2018, in FR Doc. 2018-16117, on page 35637, in the first column, correct the                     **DATES**                     caption to read:                

# DATES:

Persons wishing to comment on this system of records notice must do so by August 27, 2018. If no comments are received, the systems of records notice will become effective by August 27, 2018.

Dated: August 7, 2018.

Amy Lamson,

Acting Director, Office of Policy, Regulatory Management Division.

[FR Doc. 2018-17194 Filed 8-9-18; 8:45 am]

 BILLING CODE 6560-50-P