alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Ex parte Eunice Mary WAGGONER. Ex parte Sarah Opal BAKER.

Nos. 28427, 28428.

Court of Criminal Appeals of Texas.

June 30, 1956.

No attorney for appellant on appeal.

Henry Wade, Criminal Dist. Atty., Harvey Lindsay, A. D. Bowie, and George P. Blackburn, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State’s Atty., Austin, for the State.

DICE, Commissioner.

These are extradition cases wherein the appellants, by joint application for writs of habeas corpus, sought their discharge from the custody of Hon. Bill Decker, Sheriff of Dallas County, Texas.

From orders entered by the trial judge denying their application for discharge and remanding them to the custody of the sheriff for extradition to the State of Tennessee appellants have perfected their appeals to this Court.

The cases having been jointly heard in the trial court, the separate appeals will be jointly considered and determined by this Court.

No briefs have been filed on behalf of appellants.

Upon the hearing, the state offered in evidence the Executive Warrants issued by the Governor of this State commanding the arrest of the appellants, which warrants recited that they were issued upon demand of the Governor of the State of Tennessee to arrest appellants, who stood charged by indictments in that State, copies of which accompanied the demands, with the crimes of larceny and receiving stolen-property, and who had taken refuge in this State.

Appellants did not testify or offer any witnesses in their behalf.

The executive warrants issued by the Governor of this State appear regular upon their face and are prima facie proof that the appellants, when produced before the court by said sheriff at the time of the habeas corpus hearing, were being legally held in custody for extradition to the State of Tennessee. Delgado v. State, 158 Tex.Cr.R. 52, 252 S.W.2d 935; and Ex parte Parkinson, 160 Tex.Cr.R. 369, 271 S.W.2d 638.

The judgments remanding each of appellants to custody are affirmed.

Opinion approved by the Court.
### THE THIRTEENTH COURT OF APPEALS

13

- 19

- 0062 8

- CV
In re Fraudulent Hospital Lien Litigation
On Appeal from the 444th District Court of Cameron County , Texas Trial C ourt Cause No. MDL

- 15

- 0360

- H

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considere d this cause on appeal, concludes the appeal should be dismissed

. The Court orders the appeal DISMISSED in accordance with its opinion

. Costs of the appeal are adjudged against appellant. We further order this decision certified below for observance. March 5, 2020
<PAGE>

                                                                   EXHIBIT 24.4



                               POWER OF ATTORNEY


The undersigned director and/or officer of Karrington Health, Inc. (the
"Company"), does hereby constitute and appoint Richard R. Slager and Thomas
J. Klimback, or either of them, my true and lawful attorneys and agents, each
with full power of substitution, to do any and all acts and things in my name
and on my behalf in my capacity as a director and/or officer of the Company
and to execute any and all instruments for me and in my name in the capacity
indicated above, which said attorneys or agents, or either of them, may deem
necessary or advisable to enable the Company to comply with the Securities
Exchange Act of 1934, as amended, and any rules, regulations and requirements
of the Securities and Exchange Commission thereunder, in connection with the
filing requirements of the Company's Annual Report on Form 10-K for the
fiscal year ended December 31, 1997 (the "1997 Form 10-K"), including
specifically but without limitation, power and authority to sign for me in my
name, in the capacity indicated above, the 1997 Form 10-K and any and all
amendments to such 1997 Form 10-K; and I do hereby ratify and confirm all
that the said attorneys and agents, or their substitute or substitutes, or
either of them, shall do or cause to be done by virtue hereof.

                                        /s/ MARK N. MACE
                                        Mark N. Mace
                                        Senior Vice President,
                                        Finance and Treasurer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FIRSTCITY LIQUIDATING TRUST DECEMBER 31, 1996 FORM 10-K FINANCIAL STATEMENTS AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FIRSTCITY LIQUIDATING TRUST
DECEMBER 31, 1996 FORM 10-K.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                          36,129
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                     89,100
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 125,229
<CURRENT-LIABILITIES>                            3,912
<BONDS>                                              0
<PREFERRED-MANDATORY>                           53,617
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      67,700
<TOTAL-LIABILITY-AND-EQUITY>                   125,229
<SALES>                                         52,219
<TOTAL-REVENUES>                                53,014
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                12,924
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 325
<INCOME-PRETAX>                                 39,765
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             39,765
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    39,765
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
Exhibit








Exhibit 10.38


STAPLES, INC.
 
   LONG TERM CARE INSURANCE PLAN SUMMARY
 
Staples provides long-term care insurance coverage which is fully paid by the company to officers of Staples hired or promoted prior to January 1, 2017, including the named executive officers. The coverage includes a maximum daily benefit of $150 per day or $54,750 per year, adjusted annually. The benefit will end on July 1, 2017 for all officers except for those that are over the age of 65 by December 31, 2017; provided, that the benefit continues post-retirement based on age and service at the time of separation from employment.
Exhibit 3.1



STATE OF DELAWARE

CERTIFICATE OF AMENDMENT

OF CERTIFICATE OF INCORPORATION



MCKENZIE BAY INTERNATIONAL, LTD., a corporation organized and existing under and by virtue of the General Corporation Law of the State of Delaware does hereby certify:



FIRST:

That at a meeting of the Board of Directors of MCKENZIE BAY INTERNATIONAL, LTD. held on the 15th day of December, 2005, a resolution was duly adopted setting forth a proposed amendment of the Certificate of Incorporation of said corporation, declaring said amendment to be advisable and calling for said amendment to be considered at the next annual meeting of stockholders.  The resolution setting forth the proposed amendment is as follows:



IT IS RESOLVED that the Board of Directors recommends that at the annual meeting of shareholders to be held March 9, 2006 the shareholders consider a resolution providing that the Certificate of Incorporation of this corporation be amended by changing Article Fourth thereof so that as amended, said article shall read as follows:



FOURTH.  THE TOTAL NUMBER OF SHARES OF STOCK WHICH THIS CORPORATION IS AUTHORIZED TO ISSUE IS: ONE HUNDRED FIFTY MILLION (150,000,000) SHARES AT $.001 PAR VALUE.



SECOND:

That thereafter, pursuant to resolution of its Board of Directors, and in accordance with its Bylaws, the annual meeting of the stockholders of said corporation was duly called and held upon notice in accordance with Section 222 of the General Corporation Law of the State of Delaware at which meeting the necessary number of shares as required by statute were voted in favor of the amendment.



THIRD:

That said amendment was duly adopted in accordance with the provisions of Section 242 of the General Corporation Law of the State of Delaware.



IN WITNESS WHEREOF, said corporation has caused this certificate to be signed this Ninth day of March, 2006.







By:__/s/Donald C. Harms_______

Title: Secretary

Name: Donald C. Harms
Exhibit 10.59


 


AMENDMENT
NO. 5

TO

ACTINIUM PHARMACEUTICALS, INC. 2013 AMENDED AND RESTATED STOCK PLAN


 


Pursuant
to Section 14 of the 2013 Amended and Restated Stock Plan, as amended (the “Plan”) of Actinium Pharmaceuticals,
Inc. (the “Company”), the Board of Directors of the Company has duly adopted a resolution, conditioned upon
approval by the stockholders of the Company, approving this Amendment No. 5 to the Plan to increase the total number of shares
of common stock, par value $.001 per share, of the Company (the “Common Stock”) reserved and available for
issuance under the Plan as follows:


 


		1.	Section
3 of the Plan is hereby amended to read in its entirety as follows:



 


“Subject
to the provisions of Section 14 of the Plan, the maximum aggregate number of Shares reserved for issuance to Participants under
the Plan is 12,750,000, and the maximum aggregate number of Shares that may be granted in the form of Incentive Stock Options
is 12,750,000. The Shares may be authorized, but unissued, or reacquired Common Stock. If an award should expire or become unexercisable
for any reason without having been exercised in full, or is surrendered pursuant to an Option Exchange Program, the unpurchased
Shares that were subject thereto shall, unless the Plan shall have been terminated, become available for future grant under the
Plan. In addition, any Shares of Common Stock which are retained by the Company upon exercise of an award in order to satisfy
the exercise or purchase price for such award or any withholding taxes due with respect to such exercise or purchase shall be
treated as not issued and shall continue to be available under the Plan. Shares issued under the Plan and later repurchased by
the Company pursuant to any repurchase right which the Company may have shall not be available for future grant under the Plan.”


 


		2.	All
other terms and provisions of the Plan shall remain unchanged and in full force and effect as written.




 


		3.	A
majority in voting interest of the stockholders present in person or by proxy and entitled to vote at the meeting of stockholders
at which this Amendment No. 4 was considered, has duly approved this Amendment No. 5 to the Plan.




 


IN
WITNESS WHEREOF, this Amendment No. 5 to the Plan is made effective this 21st day of December, 2016.


 


	 	ACTINIUM
    PHARMACEUTICALS, INC.
	 	 	 
	 	By:	/s/ Sandesh
    Seth
	 	Name:	Sandesh Seth
	 	Title:	Executive
    Chairman
#### The STATE of Missouri ex rel. A. V. KUGLER, Estalene Kugler, S. Lunsford, Frances Lunsford, Carl Mohr, Louise Mohr, J. H. B. Mohr, Virgil Mohr, Rudolph Deitrich, Della Deitrich, Price Doctorman and Florence Doctorman, Relators-Respondents, v. W. M. TILLATSON, W. E. Shannon, John Adams, Maenard Egbert, Weldon Tague and Hubert Deitrich, as members of the Board of Education of Reorganized School District No. 3 of Scotland County, Missouri, Respondents-Appellants.

No. 45540.

Supreme Court of Missouri, Division No. 1.

April 8, 1957.

*518Jayne & Jayne, Kirksville, for appellants.

L. F. Cottey, Lancaster, J. B. Smoot, Memphis, for ■ respondents.

HYDE, Judge.

Mandamus to require directors of a school district to submit at the next annual school election a proposition for a change of boundaries in accordance with a petition filed by relators. After a trial, a peremptory writ was , ordered and the directors have appealed.

As suggested by relators, it is obvious that we do not have jurisdiction of this appeal. No constitutional question is raised and no monetary relief is sought. The only ground upon which our jurisdiction is invoked is “because appellants are officers of a political subdivision of the state within the meaning and intendment of Section 3, Article V of the Constitution of Missouri [V.A.M.S.].” However, even if the proceeding had been directly against the school district instead of its officers we would not have jurisdiction under our long established construction of this provision of our 1945 Constitution, and the same language in Section 12 of Article VI of our 1875 Constitution. In School District v. Boyle, Banc, 182 Mo. 347, 81 S.W. 409, we held that a school district was not a political subdivision of the State in a jurisdictional sense within the meaning of the constitutional provision. We commented that because “the general consensus of opinion on the bench and at the bar has for so long a time and so uniformly been that a school district was not such a political subdivision of the state as was contemplated” to deprive the Courts of Appeals of appellate jurisdiction, and because “so much has been judicially done on the faith of that assumption”, the question would not be discussed as if it were an original proposition but instead we would follow the previous ruling of the Kansas City Court of Appeals in School District No. 6 in Harrison County v. Burris, 84 Mo.App. 654, 662. We have since uniformly and consistently held to this view. School District Number Four v. School Number Three, 238 Mo. 407, 141 S.W. 1111; State ex rel. Craven to Use of Consolidated School Dist. No. 2 of Worth County v. Thompson, 322 Mo. 444, 17 S.W.2d 342; State ex rel. Miller v. Board of Education of Consolidated School Dist. No. 1 of Holt County, Mo.Sup., 18 S.W.2d 26; Hydesburg Common School District of Ralls County v. Rensselaer Common School Dist. of Ralls County, Mo.Sup., 214 S.W.2d *4;*Young v. Brassfield, Mo.Sup., 223 S.W.2d 491. We, therefore, hold that we do not have jurisdiction of this appeal.

The cause is transferred to the St. Louis Court of Appeals.

All concur.
EXHIBIT 23.1


CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS


We have issued our reports dated February 19, 2004 accompanying the consolidated
financial statements and schedule incorporated by reference in the Annual Report
of Xybernaut Corporation (the Company) on Form 10-K/A for the year ended
December 31, 2003. We hereby consent to the incorporation by reference of said
reports in the Registration Statements of the Company on Forms S-3 (File No.
333-68859, effective January 25, 1999, File No. 333-33940, effective April 25,
2000, File No. 333-40996, effective August 4, 2000, File No. 333-51974,
effective January 12, 2001, File No. 333-60556, effective May 23, 2001, File No.
333-68832, effective November 15, 2001, File No. 333-74182, effective December
27, 2001, File No. 333-85188, effective April 22, 2002, File No. 333-92348,
effective July 29, 2002, File No. 333-99041, effective September 19, 2002, File
No. 333-101257, effective November 27, 2002, File No. 333-104223, effective May
6, 2003, File No. 333-106266, effective July 1, 2003, and File No. 333-109201,
effective October 22, 2003) and on Form S-8 (File No. 333-94463, effective
January 12, 2000, File No. 333-56814, effective March 9, 2001 and File No.
333-92344, effective July 12, 2002).



/s/ Grant Thornton LLP
----------------------

Vienna, Virginia
April 23, 2004
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S CONSOLIDATED BALANCE SHEET AND CONSOLIDATED STATEMENT OF INCOME AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           2,552
<SECURITIES>                                         0
<RECEIVABLES>                                   20,829
<ALLOWANCES>                                       814
<INVENTORY>                                     10,733
<CURRENT-ASSETS>                                35,539
<PP&E>                                          42,748
<DEPRECIATION>                                   8,839
<TOTAL-ASSETS>                                  86,770
<CURRENT-LIABILITIES>                           13,375
<BONDS>                                         11,883
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            68
<OTHER-SE>                                      57,612
<TOTAL-LIABILITY-AND-EQUITY>                    86,770
<SALES>                                         12,546
<TOTAL-REVENUES>                                76,147
<CGS>                                            5,609
<TOTAL-COSTS>                                   45,696
<OTHER-EXPENSES>                                23,520
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,079
<INCOME-PRETAX>                                  4,852
<INCOME-TAX>                                     1,727
<INCOME-CONTINUING>                              3,042
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,042
<EPS-PRIMARY>                                      .53
<EPS-DILUTED>                                      .53
        

</TABLE>
#### Walter Lee FERGUSON, Appellant, v. The STATE of Texas, Appellee.

No. 35987.

Court of Criminal Appeals of Texas.

Oct. 30, 1963.

Musslewhite & Musslewhite by Benton Musslewhite, Lufkin, for appellant.

Leon B. Douglas, State’s Atty., Austin, for the State.

BELCHER, Commissioner.

The conviction is for driving while intoxicated; the punishment, three days in jail and a fine of $100.

No authenticated statement of facts accompanies the record. The proposed statement of facts contained in the record has been approved only by appellant’s attorney.

Appellant contends that he has been deprived of a statement of facts without any fault or negligence on his part.

By affidavit filed in this cause in the trial court on August 15, 1963, and brought forward by supplemental transcript to this Court the attorney for appellant seeks to show that he has been deprived of a statement of facts.

The affidavit recites that the court reporter delivered the statement of facts to the attorney for the appellant on August 5, 1963; that after approving it he presented the statement of facts to the county attorney and the county judge on August 5, and requested them to approve it but they refused to do so.

The record is silent on the position of the county attorney and the trial judge regarding their refusal to approve the statement of facts.

When the county attorney would not agree to the statement of facts by refusing to approve it, it became incumbent on the trial judge to approve the statement of facts as presented or to prepare, certify, and file a statement of facts. Art. 759a, Vernon’s Ann.C.C.P.; Seamster v. State, 162 Tex.Cr.R. 172, 283 S.W.2d 243.

*890It appears from the record that the appellant has been deprived of a statement of facts without fault on his part, and under such circumstances he is entitled to a reversal of his case.

The judgment is reversed and the cause remanded.

Opinion approved by the Court.
EXHIBIT 32.2



CERTIFICATION OF CHIEF FINANCIAL 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 on Form 10-Q of Curis, Inc. (the
Company) for the period ended September 30, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Christopher U. Missling, Chief Financial Officer of the Company, hereby
certifies, pursuant to 18 U.S.C. Section 1350, 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.



Dated: November
12, 2003



/S/    CHRISTOPHER U.
MISSLINGChristopher U. MisslingChief Financial Officer




A SIGNED ORIGINAL OF THIS
WRITTEN STATEMENT REQUIRED BY SECTION 906 HAS BEEN PROVIDED TO THE COMPANY AND WILL BE RETAINED BY THE COMPANY AND FURNISHED TO THE SECURITIES EXCHANGE COMMISSION OR ITS STAFF UPON REQUEST.
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