alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### TOWN OF LARGO, Appellant, v. L *&*S BAIT COMPANY OF FLORIDA, INC., Appellee.

No. 71-334.

District Court of Appeal of Florida, Second District.

Jan. 14, 1972.

John T. Allen, Jr., of Harrison, Greene, Mann, Davenport, Rowe & Stanton, St. Petersburg, for appellant.

Carleton L. Weidemeyer, of Wightman, Rowe, Weidemeyer & Federico, Clearwater, for appellee.

HOBSON, Judge.

Appellee, plaintiff below, brought suit against appellant alleging that the negligence of appellant caused a sewer back-up which flooded appellee’s property, causing property damage. Appellant answered and as an affirmative defense claimed immunity as the operation of a sewer system is a governmental function. On motion by *413appellee, the lower court struck this affirmative defense. Subsequently, a partial summary judgment on liability was entered in favor of appellee.

Appellant brings this interlocutory appeal challenging the entry of the partial summary judgment on liability and also assigns as error the striking of its affirmative defense of immunity.

It is the well settled law in the State of Florida that the construction and operation of a sewage disposal system is a governmental function. In Buchanan v. City of Miami, Fla. 1950, 49 So.2d 336, our Supreme Court held:

> “The appellant concedes that the construction and operation of such a disposal system is a governmental function; certain it is that the health of a community may be safeguarded by the proper treatment of sewage.”

The holding in Buchanan, *supra,*was followed in a well-reasoned opinion by our sister court in A1A Mobile Home Park, Inc. v. Brevard County, Fla.App.1971, 246 So.2d 126.

A municipality is liable for its negligence under the doctrine of respondeat superior when such negligence is committed by its agent or employee in the performance or non-performance of a duty within the scope of a governmental function only when such tort is committed against one with whom the agent or employee is in privity or with whom he is dealing or is otherwise in contact in a direct transaction or confrontation. See City of Tampa v. Davis, Fla.App. 1969, 226 So.2d 450.

An examination of the record reveals that the alleged negligence of the appellant was not committed against one with whom the agent or employee is in privity or with whom he is dealing or is otherwise in contact in a direct transaction or confrontation. Therefore, we hold that the trial court erred in striking appellant’s affirmative defense.

We do not direct the trial court to enter judgment for the appellant in view of the fact that at this stage of the proceedings the appellee may be able to allege and prove facts to overcome appellant’s affirmative defense of immunity.

Reversed and remanded.

PIERCE, C. J., and LILES, J., concur.
* 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.

United States Court of Appeals

Fifth Circuit

FILED

March 7, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-41198

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MIGUEL ANGEL RAUDEZ-OROZCO, 

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas 

USDC No. 7:05-CR-1025-ALL

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

Before KING, WIENER, and OWEN, Circuit Judges. 

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Miguel Angel

Raudez-Orozco raises arguments that are foreclosed by AlmendarezTorres 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. The Government’s motion for summary

affirmance is GRANTED, and the judgment of the district court is

AFFIRMED.
<PAGE>
                                                                    EXHIBIT 23.7

                        CONSENT OF INDEPENDENT AUDITORS

The Board of Directors
Pelephone Communications Ltd.

    We consent to the use in the registration statement on Form S-1 of
Propel, Inc. of our report dated March 14, 2000 with respect to the balance
sheets of Pelephone Communications Ltd. as of 1998 and 1999, and the related
statements of income, shareholders' equity and cash flows for each of the years
in the three-year period ended December 31, 1999, and to the reference to our
firm under the heading "Experts" in the prospectus.


                                           /s/ Somekh Chaikin
                                           Certified Public Accountants (Isr.)
                                           (A Member Firm of KPMG International)
                                           Tel-Aviv, Israel
                                           September 13, 2000
<PAGE>   1
                                                                   EXHIBIT 23.1

                        CONSENT OF INDEPENDENT AUDITORS

    We consent to the incorporation by reference in the Registration Statements
(Form S-8 No. 33-55547 and 33-55657) of Coram Healthcare Corporation of our
report dated March 30, 1997 with respect to the consolidated financial
statements and schedule of Coram Healthcare Corporation included in this
Annual Report (Form 10-K) for the year ended December 31, 1996.

    We also consent to the incorporation by reference in Amendment No. 3 to
the Registration Statements (Form S-3 No. 33-59661 and 33-60959) and Amendment
No. 1 to the Registration Statement (Form S-3 No. 333-12955) and related
Prospectuses of Coram Healthcare Corporation for the registration of 3,526,325,
2,686,656 and 184,444 shares, respectively, of its common stock, of our report
dated March 30, 1997, with respect to the consolidated financial statements and
schedule of Coram Healthcare Corporation included in the above-referenced Form
10-K.


                                                   /s/ ERNST & YOUNG LLP
                                                   ERNST & YOUNG LLP


March 30, 1997
#### Hector Cornillot LLANO, Petitioner, v. The STATE of Florida, Respondent.

No. 43389.

Supreme Court of Florida.

March 19, 1973.

Certiorari dismissed. 271 So.2d 34.

CARLTON, C. J., and ADKINS, BOYD and McCAIN, JJ., concur.

DEKLE, J., dissents.
EX-10.45.4



 Exhibit 10.45.4 

FOURTH AMENDMENT OF 

THE LICENSE AND COLLABORATION AGREEMENT 

This FOURTH AMENDMENT OF THE LICENSE
AND COLLABORATION AGREEMENT (this “Fourth Amendment”) is made and effective as of September 22nd, 2016 (the
“Fourth Amendment Effective Date”) by and between Miragen Therapeutics, Inc., a corporation organized and existing under the laws of Delaware, having its principal place of business at 6200 Lookout Rd., Boulder, CO 80301, USA
(“Miragen”) on the first part, and Les Laboratoires Servier, a corporation organized and existing under the laws of France, having offices at 50 rue Carnot, 92284 Suresnes cedex France and Institut de Recherches
Servier, a corporation organized and existing under the laws of France, having offices at 3 rue de la République, 92150 Suresnes, France (these two entities jointly referred to as “Servier”) on the second part. Servier
and Miragen are referred to in this Agreement individually as a “Party” and collectively as the “Parties.” 

WHEREAS, Miragen and Servier are parties to that certain License and Collaboration Agreement, dated October 13, 2011
(the “Effective Date”) as amended by First Amendment dated May 13, 2013, and Second Amendment dated May 13, 2014, and Third Amendment dated May 28, 2015 (the “Collaboration Agreement”), pursuant to which the Parties
established a collaboration for the research, development and commercialization of products directed at miRNA targets for the treatment of cardiovascular diseases; 

WHEREAS, the Parties wish to extend the Research Term under the Collaboration Agreement as set forth below. 

NOW THEREFORE, in consideration of the foregoing premises and the mutual promises, covenants and conditions contained
in this Fourth Amendment, the Parties agree as follows: 
  

	 1.
	 Section 4.2 of the Collaboration Agreement is hereby deleted and replaced in its entirety with the following:



 “4.2     Research Term. The term of the Research Collaboration
(“Research Term”) shall continue until October 31, 2017.” 
  

	 2.
	 Section 4.3 of the Collaboration Agreement is hereby completed as follows: 



“Miragen acknowledges and agrees that the Current Research Budget allows Miragen to carry out the research activities
entrusted to Miragen until December 31st, 2016. The Parties will update the Research Budget according to the agreed Research Plan for the period starting January 1st, 2017 until October 31st, 2017.” 
  

	 3.
	 Any and all terms of the Collaboration Agreement not modified here above shall continue to be in full force
and effect. 










									
	 Miragen Therapeutics, Inc.
	 		 	 Les Laboratoires Servier

			
	 By: /s/William S. Marshall
	 		 	 By: /s/Eric Falcand

				
	 Name:
	 	 William S. MARSHALL
	 		 	 Name: Eric FALCAND

	 Title:
	 	 President and CEO
	 		 	 Title:
	 	 Proxy

				
		 		 		 	 By: /s/Christian Bazantay

					
		 		 		 	 Name:
	 	 Christian BAZANTAY

		 		 		 	 Title:
	 	 Proxy

				
		 		 		 	 Institut de Recherches Servier

				
		 		 		 	 By: /s/Emmanuel Canet

					
		 		 		 	 Name:
	 	 Emmanuel CANET

		 		 		 	 Title:
	 	 President Research and Development
# C_2014389EN.01002001.xml

| 4.11.2014 | EN | Official Journal of the European Union | C 389/20 |
| --- | --- | --- | --- |

4.11.2014

EN

Official Journal of the European Union

C 389/20

---

Information communicated by Member States regarding closure of fisheries

2014/C 389/09

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

1

| Date and time of closure | 2.10.2014 |
| --- | --- |
| Duration | 2.10.2014-31.12.2014 |
| Member State | Ireland |
| Stock or Group of stocks | COD/07A. |
| Species | Cod (Gadus Morhua) |
| Zone | VIIa |
| Type(s) of fishing vessels | — |
| Reference number | 61/TQ43 |

Date and time of closure

2.10.2014

Duration

2.10.2014-31.12.2014

Member State

Ireland

Stock or Group of stocks

COD/07A.

Species

Cod (Gadus Morhua)

Gadus Morhua

Zone

VIIa

Type(s) of fishing vessels

—

Reference number

61/TQ43

---

(1)  OJ L 343, 22.12.2009, p. 1.

1

---
# C_2016052EN.01002701.xml

| 11.2.2016 | EN | Official Journal of the European Union | C 52/27 |
| --- | --- | --- | --- |

11.2.2016

EN

Official Journal of the European Union

C 52/27

---

Corrigendum to Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in the People’s Republic of China and Thailand

(
  Official Journal of the European Union C 392 of 25 November 2015
  )

Official Journal of the European Union C 392 of 25 November 2015

(2016/C 52/16)

On page 14, in ‘4. Grounds for the review’:

for:

for:

‘... The products alleged to be excluded are electrical conduit fittings (elbows, bends and T-shaped) with a standard metric thread pitch of 1,5 mm according to ISO Metric Form BS3463.’,

read:

read:

‘... The products alleged to be excluded are electrical conduit fittings (elbows, bends and T-shaped) with a standard metric thread pitch of 1,5 mm according to ISO Metric Form BS3643.’.

---
<PAGE>

                                                               EXHIBIT 10.24(b)

                    [AAMES FINANCIAL CORPORATION LETTERHEAD]




                                  July 12, 2000



Specialty Finance Partners
54 Thompson Street
New York, NY 10012

         Re:      AMENDMENT OF REGISTRATION RIGHTS AGREEMENT


Gentlemen:

         The Registration Rights Agreement, entered into between Aames Financial
Corporation (the "COMPANY") and Specialty Finance Partners, as successor in
interest to Capital Z Financial Services Fund II, L.P., dated as of December 23,
1998 is hereby amended such that the definition of "Preferred Stock" shall be
deemed to include any shares of the Company's Series D Convertible Preferred
Stock, par value $0.001 per share, issued pursuant to that certain Preferred
Stock Purchase Agreement, dated as of May 21, 2000, as amended.


                           [Signature Page to Follow]



<PAGE>



                                                     Very truly yours,

                                                     AAMES FINANCIAL CORPORATION

                                                     /s/ A. Jay Meyerson

                                                     A. Jay Meyerson
                                                     Chief Executive Officer


ACCEPTED AND AGREED:

SPECIALTY FINANCE PARTNERS


By:           /s/ CAPITAL Z FINANCIAL SERVICE FUND, II, L.P., A GENERAL PARTNER
         By: CAPITAL Z PARTNERS, LTD, 1B ULTIMATE GENERAL PARTNER

Its:     DAVID A. SPURIA
         David A Spuria
         General Counsel
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.                  

###### Department of Commerce

###### Foreign-Trade Zones Board

          - [B-21-2018]

On April 9, 2018, GE Renewables North America, LLC, submitted a notification of proposed production activity to the FTZ Board for its facility within Subzone 249A, in Pensacola, Florida.

                    The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the                     **Federal Register**                     inviting public comment (83 FR 17143-17144, April 18, 2018). On August 7, 2018, the applicant was notified of the FTZ Board's decision that no further review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board's regulations, including Section 400.14, and to a restriction that steel bars be admitted to the subzone in privileged foreign status (19 CFR 146.41).                

Dated: August 8, 2018.

Elizabeth Whiteman,

Acting Executive Secretary.

[FR Doc. 2018-17416 Filed 8-13-18; 8:45 am]

 BILLING CODE 3510-DS-P
# C_2015410EN.01000201.xml

| 10.12.2015 | EN | Official Journal of the European Union | C 410/2 |
| --- | --- | --- | --- |

10.12.2015

EN

Official Journal of the European Union

C 410/2

---

Information communicated by Member States regarding closure of fisheries

(2015/C 410/02)

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

1

| Date and time of closure | 21.11.2015 |
| --- | --- |
| Duration | 21.11-31.12.2015 |
| Member State | Portugal |
| Stock or Group of stocks | COD/N3M. |
| Species | Cod (Gadus morhua) |
| Zone | NAFO 3M |
| Type(s) of fishing vessels | — |
| Reference number | 66/TQ104 |

Date and time of closure

21.11.2015

Duration

21.11-31.12.2015

Member State

Portugal

Stock or Group of stocks

COD/N3M.

Species

Cod (Gadus morhua)

Gadus morhua

Zone

NAFO 3M

Type(s) of fishing vessels

—

Reference number

66/TQ104

---

(1)  OJ L 343, 22.12.2009, p. 1

1

---
#### Stanley R. KUHNS et al., Appellants, v. Deborah Anyzeskl FENTON et al., Appellees.

No. 72-506.

District Court of Appeal of Florida, Fourth District.

Feb. 26, 1973.

Rehearing Denied March 29, 1973.

PER CURIAM.

Affirmed.
#### Larry Ronald GAYLE, Appellant, v. STATE of Florida, Appellee.

No. P-315.

District Court of Appeal of Florida, First District.

Feb. 17, 1972.

Rehearing Denied March 20, 1972.

Richard W. Ervin, III, Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and A. S. Johnston, Asst. Atty. Gen., for appellee.

PER CURIAM.

This is a companion case to that of Gayle v. State of Florida, 258 So.2d 455, in which an opinion of the court has this day been filed. Reference is hereby made to the opinion in that case for a statement of facts on which the judgment of conviction in this case is based. We have carefully considered all the points urged for reversal of the judgment appealed herein but find them to be without substantial merit. Appellant having failed to demonstrate prejudicial error, the judgment appealed is affirmed.

SPECTOR, C. J., and WIGGINTON, and JOHNSON, J J., concur.
Exhibit 32.2

Certification Pursuant to

U.S.C. Section 1350,

Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Annual Report of Devcon
International Corp. (the Company) on Form 10-K for the period ending December 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Robert C. Farenhem, Chief 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: April 17, 2007



|                                            
|--------------------------------------------
|/s/ Robert C. Farenhem                      
|Robert C. Farenhem                          
|Chief Financial Officer                     
|(Principal Financial and Accounting Officer)
-82 -80 -78 -76 -74

38 40 42



### ★ ▲ ▲ ▲ ▲



### ★ ▲ ▲ ▲ ▲ 500 1000 1500 1000 18 12 06 00 08/23 

### NOAA HYSPLIT MODEL 

## Backward trajectory ending at 2300 UTC 23 Aug 06

EDAS Meteorological DataSource★at 38.77 N 77.11 WMeters AGL
#### Herman EGER, Appellant, v. Shirley RITCHIE and Percy Ritchie, her husband, Appellees.

No. 70-953.

District Court of Appeal of Florida, Third District.

April 14, 1971.

Rehearing Denied May 26, 1971.

PER CURIAM.

Appeal dismissed.
#### Anthony BRUNO, Petitioner, v. STATE of Florida, Respondent.

No. 42292.

Supreme Court of Florida.

July 25, 1972.

Certiorari denied.

ROBERTS, C. J., and ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.
UNITED STATESSECURITIES AND EXCHANGE COMMISSIONWashington, D.C. 20549FORM 10-Q/A[x]QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIESEXCHANGE ACT OF 1934FOR THE QUARTERLY PERIOD ENDED January 31, 2013OR[ ]TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIESEXCHANGE ACT OF 1934 Commission file number 333-169280 Xumanii, Inc. (Exact name of registrant as specified in its charter)  NEVADA(State or other jurisdiction of incorporation or organization)  PO Box 309, Ugland House South Church Street George Town Grand Cayman KY1-1104 Cayman Islands (Address of principal executive offices, including zip code.)  305-600-0732(Registrant’s telephone number, including area code)  N/A (former name, former address and formerfiscal year, if changed since last report)  Check whether the issuer (1) filed all reports required to be filed by Section 13 or 15(d) of the Exchange Act during the past 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the last 90 days. YES [ X ]  NO [   ]  Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (Section 232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files).  YES [X]   NO [    ]  Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company. See the definitions of “large accelerated filer, “accelerated filer,” “non-accelerated filer,” and “smaller reporting company” in Rule 12b-2 of the Exchange Act.  Large accelerated filer[ ]Accelerated filer[ ]Non-accelerated filer[ ]Smaller reporting company[x]   Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act).  YES [ ]  NO [X] State the number of shares outstanding of each of the issuer’s classes of common equity, as of the latest practicable date: March 18, 2013, the registrant had 341,300,300 common shares issued and outstanding.                ITEM 6.         EXHIBITS.  The following documents are included herein: Incorporated by referenceExhibitDocument DescriptionFormDateNumberFiled herewith31.1Certification of Principal Executive Officer and Principal Financial Officer pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.X32.1Certification of Chief Executive Officer and Chief Financial Officer pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.X  SIGNATURES In accordance with the requirements of the Exchange Act, the registrant caused this report to be signed on its behalf by the undersigned, thereunto duly authorized on this 4th day of June, 2013. XUMANII, Inc. BY:    /s/ Alexandre Frigon            Alexandre Frigon, President, Principal Executive Officer, Treasurer, Principal Financial Officer,  Principal Accounting Officer and sole Director
#### W. Dean JONES, Appellant, v. Maureen JONES, Appellee.

No. 67-475.

District Court of Appeal of Florida. Second District.

Nov. 20, 1967.

Appeal dismissed.