alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. 00-50059 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus FELICIANO MORALES-BARCENAS, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. DR-99-CR-568-1

-------------------- October 19, 2000 Before SMITH, BARKSDALE, and BENAVIDES, Circuit Judges. PER CURIAM: * Feliciano Morales-Barcenas appeals his sentence following his guilty plea conviction for illegal re-entry after deportation in violation of 8 U.S.C. § 1326(a) and (b). Morales-Barcenas argues that his prior felony conviction was an element of the offense of his conviction. Morales-Barcenas acknowledges that his argument is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224 (1998), but he seeks to preserve the issue for Supreme Court review in light of Apprendi v. New Jersey , 120 S. Ct. 2348 (2000).No. 00-50059 -2- Morales-Barcenas’s argument is foreclosed by AlmendarezTorres , 523 U.S. at 235. AFFIRMED.
United States Department of Agriculture

Animal and Plant Health Inspection Service

 WS Directive 2.505 05/18/11

LETHAL CONTROL OF ANIMALS

1. PURPOSE

To provide guidance for Wildlife Services (WS) personnel on the lethal control of

animals.

2. REPLACEMENT HIGHLIGHTS

This directive revises WS Directive 2.505 dated 07/28/03.

3. BACKGROUND

According to the American Veterinary Medical Association (AVMA) Guidelines on 

Euthanasia (2007), “euthanasia is the act of inducing humane death in an animal.” The 

AVMA further states that “Conditions found in the field, although more challenging than 

those that are controlled, do not in any way reduce or minimize the ethical obligation of 

the responsible individual to reduce pain and distress to the greatest extent possible 

during the taking of an animal’s life.” 

4. POLICY

WS personnel will exhibit a high level of respect and professionalism when taking an 

animal’s life, regardless of method. WS personnel will be familiar with the methods 

described in the current AVMA Guidelines for Euthanasia, and those methods will be 

used to euthanize captured or restrained animals, whenever practicable. In free ranging

wildlife, the AVMA recommends methods, “be as age-, species-, or taxonomic/classspecific as possible.” WS personnel will use methods appropriate for the species and 

conditions.

When immobilizing and euthanizing substances are administered, WS personnel will 

comply with policy set forth in WS Directive 2.430, Controlled Chemical Immobilization 

and Euthanizing Agents. 

When euthanizing a captured or restrained animal, death of the animal must be 

confirmed; death should be confirmed in free ranging wildlife when carcass recovery is 

possible. Confirmation can be achieved by the absence of a blinking response when the 

cornea is touched and by monitoring heart rate and respiration for a period of time long 

enough to confirm death. 
Animal carcasses should be handled and disposed of in compliance with WS Directive 

2.515, Disposal of Wildlife Carcasses.

5. REFERENCES

American Veterinary Medical Association, 2007 AVMA Guidelines on

Euthanasia.

WS Directive 1.301, Code of Ethics (08/31/10).

WS Directive 2.430, Controlled Chemical Immobilization and Euthanizing Agents

(07/06/09).

WS Directive 2.515, Disposal of Wildlife Carcasses (05/18/11).

WS Field Operations Manual for the Use of Immobilization and Euthanasia Drugs, June 

2001.

Deputy Administrator
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.

 April 28, 2014

t0421

Order 

Clerk

April 28, 2014

148555

KONSTANTINE E. GEORVASSILIS,

Plaintiff-Appellant,

v SC: 148555

COA: 316174

MCAC: 11-000102

CHRYSLER GROUP, L.L.C.,

Defendant-Appellee. 

_________________________________________/

On order of the Court, the application for leave to appeal the December 10, 2013 

order of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court.
<PAGE>   1
                                                                    EXHIBIT 23.1



               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS






MicroTel International, Inc.
San Jose, California


We hereby consent to the incorporation by reference in the Prospectuses
constituting a part of the Registration Statement Nos. 33-22518, 333-12567 and
33-77926 on Form S-8 of our report dated April 14, 1997 relating to the
consolidated financial statements and schedule of MicroTel International, Inc.
(formerly CXR Corporation) appearing in the Company's Annual Report on Form 10-K
for the year ended December 31, 1996.







                                                     BDO Seidman, LLP


San Francisco, California
April 15, 1997
18618

#### Archey v. State Dept. of Education

January 7, 1997

Order No. 97-2

Reversed
# Fourth Court of Appeals San Antonio, Texas

October 6, 2016

No. 04

- 15

- 00670

- CV

Berenice C. DIAZ , individually and as next friend of J.P.L., Appellant

v.

James E. MONNIG

, Appellee

From the 224th Judicial District Court, Bexar County, Texas

Trial Court No. 2015

- CI

- 13493 Honorable Cathleen M. Stryker, Judge Presiding

No. 04

- 15

- 00789

- CV

Berenice C. DIAZ , individually and as next friend of J.P.L., Appellant

v.

John A. MEAD

, Appellee

From the 224th Judicial District Court, Bexar County, Texas

Trial Court No. 2015

- CI

- 13493 Honorable Cathleen M. Stryker, Judge Presiding



### ORDER

A ppellant’s unopposed mot ion for extension of time to file reply brief is hereby GRANTED. T ime is extended to November 7, 2016.

_________________________________ Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 6th day of October, 2016

.

___________________________________ Keith E. Hottle Clerk of Court
<PAGE>
                                                                   Exhibit 23.2


                           CONSENT OF INDEPENDENT AUDITORS


The Board of Directors
MicroTel International, Inc.:


We consent to incorporation by reference in the registration statement (Nos. 
33-22518, 333-12567 and 33-72926) on Form S-8 of MicroTel International, Inc. 
(formerly XCEL Corporation and subsidiaries) of our report dated December 13, 
1996, relating to the consolidated balance sheets of MicroTel International, 
Inc. as of September 30, 1996, and the related consolidated statements of 
operations, stockholders' equity, and cash flows for each of the years in the 
two-year period ended September 30, 1996, and the related schedule, which 
report appears in the December 31, 1997 annual report on Form 10-K of 
MicroTel International, Inc. (formerly XCEL Corporation and subsidiaries).

Orange County, California
April 14, 1998
Exhibit








Exhibit 10.01


Seventh Amendment
to the
Xcel Energy Senior Executive Severance and Change-In-Control Policy 


THIS SEVENTH AMENDMENT is made this 7th day of May, 2018, by Xcel Energy Inc. (the “Principal Sponsor”).


WITNESSETH:


WHEREAS, the Principal Sponsor maintains the Xcel Energy Senior Executive Severance and Change-In-Control Policy (the “Policy”), and


WHEREAS, the Board of Directors of the Principal Sponsor (the “Board”) has reserved the right to make amendments to the Policy, and


WHEREAS, the Governance, Compensation and Nominating Committee of the Board of Directors of the Principal Sponsor (the “Committee”) has reserved the right to appoint or remove Participants under the Policy, and


WHEREAS, the Committee wishes to amend the Policy in certain respects to add a Participant to Schedule I to be effective May 7, 2018.   


NOW, THEREFORE, the Policy is hereby amended as follows:


		
	1.
	Schedule I - Participants:  Schedule I to the Policy is hereby amended to add Brett Carter to the Schedule as a Tier I Participant as follows:




	
				
	Name
	Tier
	Severance Multiple
	Change-in-Control Multiple

	Brett Carter
	1
	1
	3








		
	2.
	Savings Clause.  Except as hereinabove set forth, the Xcel Energy Senior Executive Severance and Change-In-Control Policy shall continue in full force and effect.




IN WITNESS WHEREOF, Xcel Energy Inc. has caused this instrument to be enacted by its duly authorized officer as of the date set forth to be effective May 7, 2018.  


XCEL ENERGY INC.             
By: /s/ Darla Figoli__________________
Its: _Chief Human Resources Officer__
# C_2020054EN.01005001.xml

| 17.2.2020 | EN | Official Journal of the European Union | C 54/50 |
| --- | --- | --- | --- |

17.2.2020

EN

Official Journal of the European Union

C 54/50

---

Judgment of the General Court of 19 December 2019 — XG v Commission

(Case T-504/18) (1)

(Staff of a private company providing IT services within the institution - Refusal to grant access to the Commission’s premises - Competence of the author of the act)

(2020/C 54/55)

Language of the case: French

Parties

Applicant: XG (represented by: S. Kaisergruber and A. Burghelle-Vernet, lawyers)

Defendant: European Commission (represented by: C. Ehrbar and T. Bohr, Agents)

Re:

Application under Article 263 TFEU for the annulment of the decision of the Commission of 3 July 2018 maintaining its refusal to allow the applicant access to its premises.

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the European Commission of 3 July 2018 maintaining its refusal to allow XG access to its premises; |
| --- | --- |

1.

Annuls the decision of the European Commission of 3 July 2018 maintaining its refusal to allow XG access to its premises;

| 2. | Orders the Commission to pay the costs. |
| --- | --- |

2.

Orders the Commission to pay the costs.

---

(1)  OJ C 373, 15.10.2018.

---
Exhibit 10.17


 


First AMENDMENT
TO Promissory note


 


THIS
FIRST Amendment (THE “FIRST AMENDMENT”) DATED July 27, 2018,
shall amend the Promissory note (THE “NOTE”) dated AS OF SEPTEMBEr 22,
2017 AMONG NON-INVASIVE MONITORING SYSTEMS, INC. (THE “MAKER”) AND JANE
HSIAO (THE “PAYEE”) AS NOTED BELOW.


 


RECITALS


 


WHEREAS, Maker and
Payee (collectively, the “Parties”) are parties to the Note which became effective on September 22, 2017; and


 


WHEREAS, the Parties
desire to amend the Note to extend the Maturity Date from July 31, 2018 until July 31, 2020.


 


NOW THEREFORE, in
consideration of the mutual covenants and promises contained in the Note and this First Amendment and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:


 


AMENDMENT


 


1. Section
1 of the Note is hereby amended and restated in its entirety as follows:


 


The principal amount of the loan evidenced
hereby, together with any accrued and unpaid interest, and any and all unpaid costs, fees and expenses accrued, shall be due and
payable on July 31, 2020 (the “Maturity Date”).


 


2. Governing Law.
This First Amendment shall be governed by the laws of the State of Florida without regard to its conflict of laws rules or principles.


 


3. Amendments. Except
as expressly amended hereby, the Note shall remain unmodified and in full force and effect.


 


4. Entire Agreement.
This First Amendment and the Note constitute the entire agreement of the Parties with respect to the subject matter hereof and
supersede all prior understandings and writings between the Parties relating thereto.


 


5. Interpretation.
Any capitalized terms used in this First Amendment but not otherwise defined shall have the meaning provided in the Note.


 


6. Counterparts.
This First Amendment may be executed manually, electronically in Adobe® PDF file format, or by facsimile by the Parties, in
any number of counterparts, each of which shall be considered one and the same amendment and shall become effective when a counterpart
hereof shall have been signed by each of the Parties and delivered to the other Party.


 



    	 



    	 



     


IN WITNESS WHEREOF,
Borrower has duly executed this First Amendment to the Note and Security Note as of the 27th day of July, 2018.


 


	 	 	 	NON-INVASIVE MONITORING SYSTEMS, INC.
	 	 	 	
         
	 
	 	 	 	By:	/s/ James J. Martin
	 	 	 	Name:	James J. Martin
	 	 	 	Title:	Chief Financial Officer
	 	 	 	 	 
	Agreed and Accepted:	 	 	 
	 	 	 	 
	By:	/s/ Jane Hsiao, Ph.D.	 	 	 
	Name:	Jane Hsiao, Ph.D.
Exhibit 32.2

                            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 U.S.  Home & Garden  Inc.  (the
"Company") on Form 10-Q for the quarter ended September 30, 2003 (the "Report"),
I, Richard Kurz, as 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.



                                        /s/ Richard Kurz
                                        -----------------------------------
                                        Richard Kurz
                                        Chief Financial Officer


Dated: November 14, 2003
Basis for changes to the Pale Cyst Nematode (PCN) Regulated Area

January 10, 2020

The following changes have been made to the PCN regulated area since the November 20, 2018

publication:

Approximately 404 acres of associated fields have been released from regulation under the 

Federal PCN Final Rule (effective April 29, 2009). The locations of the fields, deregulated after 

completing a release protocol comprised of a sequence of surveys with negative laboratory 

results for PCN, and in accordance with the Federal PCN Final Rule subpart 301.86-3(d)(2) 

Removal of fields from quarantine – Associated fields, are as follows: Bingham County – T01N, 

R37E, section 35; T02S R36E section 22; and Bonneville County – T01N, R37E, section 14; 

T01N, R38E, section 20.

With these changes, the current regulated area is 7,150 acres, of which 3,446 acres are infested 

fields.
20247

#### Yang v. Labor and Industrial Relations Bd.

Affirmed
Order entered May 1, 2014

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-14-00007-CR

No. 05-14-00008-CR

SENRICK WILKERSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 3

Dallas County, Texas

Trial Court Cause Nos. F10-01183-J, F10-01184-J

ORDER

The Court REINSTATES the appeals.

On April 10, 2014, we granted the motion of Nanette Hendrickson to withdraw as 

appellant’s attorney and ordered the trial court to appoint new counsel to represent appellant in 

this appeal. We have received the trial court’s order appointing Michael Mowla to represent 

appellant.

We DIRECT the Clerk to list Michael Mowla as appellant’s attorney of record.

On February 20, 2014, we ordered the Dallas County District Clerk to file the clerk’s 

records in these appeals within forty-five days. To date, we have not received the clerk’s 

records.
Accordingly, we ORDER the Dallas County District Clerk to file the clerk’s records in 

these appeals within FIFTEEN DAYS of the date of this order.

Appellant’s brief is due within SIXTY DAYS of the date of this order.

We DIRECT the Clerk to send copies of this order, by electronic transmission, to Gary 

Fitzsimmons, Dallas County District Clerk; the Dallas County District Clerk’s Office, Criminal 

Records Division; Michael Mowla; and Michael Casillas.

/s/ LANA MYERS 

JUSTICE
EXHIBIT 32.1

CERTIFICATION OF

CHIEF EXECUTIVE OFFICER

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 Genaera Corporation (the Company) on Form 10-Q for the period ended September 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, John L.
Armstrong, Jr., President and Chief Executive 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, 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 Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                     
|-------------------------------------
|/s/ John L. Armstrong, Jr.           
|John L. Armstrong, Jr.               
|President and Chief Executive Officer
|November 9, 2007
Exhibit 31.2 CERTIFICATION PURSUANT TO

SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002 I, James M. Vanderhider, certify that:  1.
    
    I have reviewed this report on Form 10-Q for the quarterly period ended March 31, 2009 of Belden & Blake
Corporation;  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;  3.
    
    Based on my knowledge, the financial statements, and other financial information included in this report, fairly
present in all material respects the financial condition, results of operations and cash flows of the registrant
as of, and for, the periods presented in this report;  4.
    
    The registrants other certifying officer and I are responsible for establishing and maintaining disclosure
controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)), for the registrant and have: (a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures
to be designed under our supervision, to ensure that material information relating to the registrant,
including its consolidated subsidiaries, is made known to us by others within those entities, particularly
during the period in which this report is being prepared; (b) Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in
this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the
end of the period covered by this report based on such evaluation; and (c) Disclosed in this report any change in the registrants internal control over financial reporting
that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter
in the case of an annual report) that has materially affected, or is reasonably likely to materially
affect, the registrants internal control over financial reporting; and  5.
    
    The registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal
control over financial reporting, to the registrants auditors and the audit committee of the registrants board
of directors (or persons performing the equivalent functions): (a) All significant deficiencies and material weaknesses in the design or operation of internal control
over financial reporting which are reasonably likely to adversely affect the registrants ability to
record, process, summarize and report financial information; and (b) Any fraud, whether or not material, that involves management or other employees who have a
significant role in the registrants internal control over financial reporting. Date:May 13, 2009 By:/s/ James M. Vanderhider

James M. Vanderhider, President, Chief Financial Officer and Director  2
Exhibit 31.1**Certification of Chief Executive Officer**Pursuant to Securities Exchange Act Rule 13a-14(a) or Rule 15d-14(a)I, Eric R. Zimmerman, certify that: 1. I have reviewed this Annual Report on Form 10-K of Dayton Superior Corporation;  2. Based on my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, not misleading withrespect to the period covered by this report;  3. Based on my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of, and for, the periodspresented in this report;  4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and have: a) designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, to ensurethat material information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;  b) evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of theperiod covered by this report based on such evaluation; and  c) disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’s most recentfiscal quarter (the registrant’s fourth fiscal quarter in the case of an annualreport) that has materially affected, or is reasonably likely to materiallyaffect, the registrant’s internal control over financial reporting; and 5. The registrant’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors: a) all significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonably likelyto adversely affect the registrant’s ability to record, process, summarize andreport financial information; and  b) any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.        March 30, 2007 /s/Eric R. Zimmerman   Eric R. Zimmerman   President and Chief Executive Officer
#### State v. Ahlo

16548

8/7/95

Granted

79 Hawai‘i 385903 P.2d 690