alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### REED v. COMMONWEALTH.

Court of Appeals of Kentucky.

Oct. 16, 1953.

*631Raymond C. Cravens, Lexington, for appellant.

J. D. Buckman, Atty. Gen., Walter Herd-man, Asst. Atty. Gen., for appellee.

COMBS, Justice.

This appeal is from a sentence of two years for forging a check.

At the time of his arraignment, appellant pleaded not guilty. When the case was later called for trial he withdrew his former plea and, upon the advice of counsel, entered a plea of guilty. After a jury fixed his punishment at two years in the penitentiary, appellant filed motion for a new trial upon the ground that “the verdict of the jury is against the law and the evidence.”

Hearing on the motion was continued until the following term of court, at which time appellant filed amended motion and grounds for a new trial supported by his own and other affidavits. In his own affidavit appellant stated that he was unable to obtain a continuance and was unable to procure witnesses in his behalf at the time he pleaded guilty but that he had subsequently located his witnesses. The supporting affidavits, if true, would establish appellant’s innocence of the charge. The trial court, after a hearing including the introduction of witnesses, overruled appellant’s motion and pronounced sentence in accordance with the jury’s verdict.

The only question in the case is whether the trial judge abused his discretion in failing to permit appellant to change his plea and in refusing to submit to a jury the issue of his guilt or innocence. Section 174 of the Criminal ¡Code of Practice provides :

> "At any time before judgment the court may permit the plea of guilty to be withdrawn and a plea of not guilty substituted.”

This section of the Code has been construed in a number of cases, including Mounts v. Commonwealth, 89 Ky. 275, 12 S.W. 311, and Kidd v. Commonwealth, 255 Ky. 498, 74 S.W.2d 944, as vesting in the trial court discretion to permit a defendant to withdraw a plea of guilty, even after verdict, in order to prevent injustice. But it was held in both the Mounts case and the Kidd case that a plea of guilty fairly made cannot be withdrawn after verdict merely on the whim or caprice of the defendant, or because the verdict was more severe than he had anticipated.

Here,'the plea of guilty was entered on advice of counsel, without any inducements or promises, and there is nothing to show the appellant was misled or overreached. There is no showing in the record that he requested a continuance of his case, or that he made any effort to obtain the presence of witnesses. It is not shown that the witnesses were not within the jurisdiction of the court, or that any process was issued for them. We also note the statement in appellant’s brief that some of the witnesses were present in the courthouse at the time of trial.

Appellant has failed to advance any valid reason why he should have been permitted to withdraw his plea of guilty.

The judgment is affirmed.
AGREEMENT


 


THIS
AGREEMENT (the “Agreement”), effective this ____ day of April, 2019 is by and between Transportation and Logistics
Systems, Inc. (formerly known as PetroTerra Corp.) (the “Company”)
and the undersigned investor (the “Investor”).


 


WITNESSETH:


 


WHEREAS,
the Investor desires to exchange all of its shares of the Company’s preferred stock, par value $0.001 per share (“Preferred
Stock”), for shares of the Company’s common stock, par value $0.001 per share, (“Common Stock”),
all on the terms and conditions set forth in this Agreement in reliance on the exemption from registration provided by Section
4(a)(2) of the Securities Act of 1933, as amended.


 


NOW
THEREFORE, in consideration of the foregoing recitals and the mutual promises hereinafter set forth and for other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Company and Investor agree as follows:


 


		1.	EXCHANGE
                                         OF SHARES



 


	1.1	By
    signing below, the Investor covenants that the number of shares of Preferred Stock listed on Investor’s signature page
    hereto is the total amount of Preferred Stock beneficially owned by such Investor, and the Company and Investor agree to the
    exchange of the Investor’s Preferred Stock for the Company’s Common Stock as set forth below. The amount of Common
    Stock issuable to such Investor will be calculated using the following formula:


 


[Preferred
Stock beneficially owned by Investor/Total Preferred Stock] x 2,600,000 = shares of Common Stock issuable to Investor upon cancellation
of all of their Preferred Stock


 


		2.	MISCELLANEOUS



 


	2.1	This
    Agreement and the rights and obligations of the parties hereunder and the parties subject hereto shall be governed by, and
    construed and interpreted in accordance with, the law of the State of New York, without giving effect to any contrary result
    otherwise required under applicable choice of law principles.


 


	2.2	This
    Agreement may be executed in any number of counterparts, any of which need not contain the signature of more than one party,
    but all of which shall together constitute one and the same instrument. Upon the due execution and delivery of this Agreement
    by the parties hereto, this Agreement shall be authorized and approved in accordance with the terms of the Warrant, and shall
    be binding upon the parties to the Warrant, and their respective heirs, successors, and permitted assigns. The execution and
    delivery of this Agreement by facsimile or as a “.pdf” shall be deemed for all purposes to be enforceable as an
    original.


 


[Signature
page follows]


 




    	 



    	 



    

 


IN
WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and delivered as of the date first set forth above.


 


	INVESTOR	 	Transportation
    and Logistics

Systems, Inc. (Formerly known as

PetroTerra Corp.)
		 	 	 
	 	 	 	 	 
	By:	         	 	By:	                         
	Name:	 	 	Name:	 
	Title:	 	 	Title:	 


 


Total
Number of shares of Preferred Stock


beneficially
owned by Investor:
Exhibit 31.1
 CERTIFICATION
  1.
    
    I have reviewed this annual report on FORM 10-K of Anthera Pharmaceuticals, Inc.;
 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(s) 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;
andc)
    
    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(s) 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; andb)
    
    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: March 7, 2011
    /s/ Paul F. TruexPaul F. TruexPresident and Chief Executive Officer
(Principal Executive Officer)
**Exhibit 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to the incorporation byreference in Registration Statement Nos. 333-125760, 333-131976, 333-132564, 333-135677, 333-137250 and 333-140994 on Form S-8 of our report dated March 12, 2008, relating to (1) the consolidated financial statements of RackableSystems, Inc. and subsidiaries (which expresses an unqualified opinion and includes an explanatory paragraph relating to the adoption of Statement of Financial Accounting Standards No. 123(R), “Share-Based Payment,” effectiveJanuary 1, 2006 and the adoption of FASB Interpretation No. 48, “Accounting for Uncertainty in Income Taxes—an Interpretation of FASB No. 109” effective December 31, 2006, and (2) the effectiveness of internalcontrol over financial reporting (which report expresses an adverse opinion on the effectiveness of internal control over financial reporting because of a material weakness) appearing in the Annual Report on Form 10-K of Rackable Systems, Inc.for the year ended December 29, 2007. 

/s/    DELOITTE & TOUCHE LLP 

San Jose, CA 

March 12, 2008
EXHIBIT 32.1 - ADDITIONAL CERTIFICATION

                            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 Image Technology
Laboratories, Inc., (the "Company") on Form 10-QSB for the quarter ended March
31, 2006, as filed with the Securities and Exchange Commission on the date
hereof (the "Report"), I, Lewis M. Edwards, Chairman and Chief Technology
Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted
pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:


     (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 result of operations of
          the Company.











/S/ LEWIS M. EDWARDS
-----------------------
LEWIS M. EDWARDS,
CHAIRMAN,
EXECUTIVE VICE-PRESIDENT,
CHIEF TECHNOLOGY OFFICER, AND PRINCIPAL
ACCOUNTING OFFICER
AUGUST 20, 2007
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

September 24, 2007 Clifford W. Taylor, Chief Justice
134061 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, Robert P. Young, Jr. Stephen J. Markman, Justices

v SC: 134061 COA: 274379 Oakland CC: 2000-170464-FC CARL ANTHONY STEPHENS, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, th e application for leave to ap peal the May 15, 2007 order of the Court of Appeals is considered, a nd it is DENIED, because the defendant has failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).

s0917 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

September 24, 2007

Clerk
Exhibit 31.3





CERTIFICATION





I, William J. Simpson, hereby certify that:





1.     I have reviewed this Form 10-K/A of American CareSource Holdings, Inc. (the “Company”) for the year ended December 31, 2012; 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 30, 2013/s/ William J. SimpsonWilliam J. SimpsonPresident and Chief Operating Officer(Principal Executive Officer)
Exhibit 4.392

 

FEDERAL SERVICE FOR SUPERVISION IN THE SPHERE OF TELECOM, 
 INFORMATION TECHNOLOGIES AND MASS COMMUNICATIONS

 

LICENSE

 

No. 171974 dated June 05, 2014

 

To render

 

mobile radio telephone services

 

This license has been granted to

 

Joint Stock Company

 

“Sibintertelecom”

 

Legal Entity (Individual Entrepreneur) 
 Primary State Registration Number 
 (PSRN/OGRN, OGRNIP)

 

1027501155032

 

Tax Identification Number (TIN/INN)

 

7536005204

 











 

Principal place of business (residence):

 

672027, Zabaykalsky region, Chita, Smolenskaya St., 47

 

The territory of the services is specified in appendix hereto.

 

This license is valid through:

 

June 05, 2019

 

This license is issued based on the decision of the licensing authority - Order No. 111-рчс dated February 26, 2019

 

This license has an appendix as an integral part, which is executed on two sheets

 

	
Deputy Head
    	
 
    	
/signature/ A.A. Pankov
    
	
 
    	
 
    	
 
    
	
Stamp here

Official   seal:
   MINISTRY OF TELECOM AND MASS
   COMMUNICATIONS
   OF THE RUSSIAN FEDERATION
   FEDERAL SERVICE FOR SUPERVISION
   IN THE SPHERE
   OF COMMUNICATIONS, INFORMATION
   TECHNOLOGY
   AND MASS MEDIA
   PSRN 1087746736296
CERTIFICATION PURSUANT TO

                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



Donald H. Baxter, Chief Executive Officer, and Ronald F. Rohe, Chief Financial
Officer, of Philadelphia Fund, Inc. (the "Registrant"), each certify to
the best of his knowledge that:

   1. The Registrant's periodic report on Form N-CSR for the period ended
      November 30, 2006 (the "Form N-CSR") 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 Form N-CSR fairly presents, in all
      material respects, the financial condition and results of operations of
      the Registrant as of, and for, the periods presented in the Form N-CSR.



/S/ Donald H. Baxter                               /S/ Ronald F. Rohe
-----------------------                           -----------------------
Donald H. Baxter                                  Ronald F. Rohe
Chief Executive Officer                           Chief Financial Officer

Date: January 26, 2007                            Date: January 26, 2007


This certification is being furnished solely pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and is not being filed as part of Form N-CSR or
as a separate disclosure document.

A signed original of this written statement required by Section 906 has been
provided to the Registrant and will be retained by the Registrant and
furnished to the Securities and Exchange Commission or its staff upon request.
UNITED STATES
 SECURITIES AND EXCHANGE COMMISSION
 Washington, D.C. 20549
  _____________________________
  FORM 8-K
  CURRENT REPORT
  Pursuant to Section 13 or 15(d) of the
  Securities Exchange Act of 1934
 
 
 
 Date of Report (Date of earliest event reported)
 May 31, 2011
 
 
 PHILLIPS-VAN HEUSEN CORPORATION
  (Exact name of registrant as specified in its charter)
  
 Delaware
001-07572
13-1166910(State or other jurisdiction of incorporation)
(Commission File Number)
(IRS Employer Identification No.)200 Madison Avenue, New York, New York
10016(Address of principal executive offices)
(Zip Code)
 
  Registrant’s telephone number, including area code  (212)-381-3500
  Not Applicable
 (Former name or former address, if changed since last report.)
 
  Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
   ̈  Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
  ̈  Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
  ̈  Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act
 (17 CFR 240.14d-2(b))
  ̈  Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act
 (17 CFR 240.13e-4(c))
   
   
  
  
 
   ITEM 2.02                      RESULTS OF OPERATIONS AND FINANCIAL CONDITION
   On May 31, 2011, Phillips-Van Heusen Corporation (the “Company”) issued a press release to report the Company’s earnings for the first quarter 2011, which is attached to this report as Exhibit 99.1.
   The information in this Form 8-K and the Exhibit attached hereto shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934 or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, regardless of any general incorporation language in such filing.
   
  ITEM 9.01                      FINANCIAL STATEMENTS AND EXHIBITS
  (d)  Exhibits.
  Exhibit
Description99.1
Press Release, dated May 31, 2011.
  
   
   
   
  
  
   SIGNATURES
   Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
   PHILLIPS-VAN HEUSEN CORPORATION
   
   By: /s/ Bruce Goldstein
  Bruce Goldstein
 Senior Vice President and Controller
  
   Date: May 31, 2011
   
   Exhibit Index
  
 Exhibit
Description99.1
Press Release, dated May 31, 2011.
No. 14-13-01052-CV

In the Fourteenth Court of Appeals, Houston, Texas

 

BARRY S. NUSSBAUM, I-10 BNC OFFICE BUILDING, 

L.P. D/B/A I-10 OFFICE BUILDING, I-10 BNC, L.P., BNC SOUTH LOOP 

ASSOCIATES, L.P., BNC HOUSTON SOUTH LOOP, L.P. 

AND BNC INVESTMENTS, L.L.C., Appellants 

v. 

 

CITY NATIONAL BANK, Appellee

 

From the 129th District Court, Harris County, TX; Cause No. 2012-57161

APPELLEE CITY NATIONAL BANK 

NOTA BENE 

 

 Appellee City National Bank asks the Court to take notice of the January 

30, 2015 order1 of the Texas Supreme Court denying appellant Barry S. 

Nussbaum’s petition for review of Nussbaum v. OneWest Bank, FSB, 05-13-

00081-CV, 2014 WL 2151996, at *1 (Tex. App.—Dallas May 21, 2014) pet. 

denied, a case involving issues similar to those of the appellant/guarantor in this 

case. 

1

 http://www.txcourts.gov/supreme/orders-opinions/january-30,-2015.aspx (Supreme 

Court Case No.14-0648). 

20100218.20120527/2082091.1

 

ACCEPTED

14-13-01052-CV

FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS

1/30/2015 11:35:56 AM

CHRISTOPHER PRINE

CLERK

 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 1/30/2015 11:35:56 AM CHRISTOPHER A. PRINE Clerk
Respectfully submitted,

HIRSCH & WESTHEIMER, P.C.

By: /s/ Michael D. Conner

Michael D. Conner 

State Bar No. 04688650

mconner@hirschwest.com

Eric Lipper

State Bar No. 12399000

elipper@hirschwest.com

Aaron E. Homer

State Bar No. 24057908

ahomer@hirschwest.com

1415 Louisiana, 36th Floor

Houston, Texas 77002

Telephone: (713) 220-5181

Facsimile: (713) 223-9319

 

ATTORNEYS FOR APPELLEE 

CITY NATIONAL BANK 

 

 

 

 

 

2

20100218.20120527/2082091.1
CERTIFICATE OF COMPLIANCE 

 

I do hereby certify that the relevant document complies with the typeface 

requirements of Tex. R. App. P. 9.4(e) because it has been prepared in a 

proportionally spaced typeface using Microsoft Word 2013 in 14 point Goudy

Old Style font.

/s/ Michael D. Conner

Michael D. Conner

 

CERTIFICATE OF SERVICE

I hereby certify that on this 30th day of January, 2015, a true and correct 

copy of the foregoing was served as follows: 

Paul A. Pilibosian

5847 San Felipe, Suite 2200

Houston, Texas 77057

(713)977-8686 Telephone

(713)977-5395 Facsimile

pilibosian@hooverslovacek.com

ATTORNEYS FOR APPELLANTS 

 

/s/ Michael D. Conner

Michael D. Conner

 

3

20100218.20120527/2082091.1
UNITED STATES
 SECURITIES AND EXCHANGE COMMISSION
 Washington, D.C. 20549
  _____________________________
  FORM 8-K
  CURRENT REPORT
  Pursuant to Section 13 or 15(d) of the
  Securities Exchange Act of 1934
 
 
 
 Date of Report (Date of earliest event reported)
 June 23, 2011
 
 
 PHILLIPS-VAN HEUSEN CORPORATION
  (Exact name of registrant as specified in its charter)
  
 Delaware
001-07572
13-1166910(State or other jurisdiction of incorporation)
(Commission File Number)
(IRS Employer Identification No.)200 Madison Avenue, New York, New York
10016(Address of principal executive offices)
(Zip Code)
 
  Registrant’s telephone number, including area code  (212)-381-3500
  Not Applicable
 (Former name or former address, if changed since last report.)
 
  Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
   ̈  Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
  ̈  Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
  ̈  Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act
 (17 CFR 240.14d-2(b))
  ̈  Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act
 (17 CFR 240.13e-4(c))
   
  
   ITEM 7.01                      REGULATION FD DISCLOSURE
  On June 23, 2011, Phillips-Van Heusen Corporation (the “Company”) issued a press release to announce that the Company will update its earnings per share guidance for the second quarter and full year 2011 at its annual meeting of stockholders, which is to be held on Thursday, June 23, 2011 beginning at 10:00 a.m.
  The information in this Form 8-K and the Exhibit attached hereto shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934 or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, regardless of any general incorporation language in such filing.
   
  ITEM 9.01                      FINANCIAL STATEMENTS AND EXHIBITS
  (d)  Exhibits.
  Exhibit
Description99.1
Press Release, dated June 23, 2011.
  
   
   
   
   
   SIGNATURES
   Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
  PHILLIPS-VAN HEUSEN CORPORATIONBy:/s/ Bruce GoldsteinBruce GoldsteinSenior Vice President and Controller
  
   Date: June 23, 2011
   
   Exhibit Index
  
 Exhibit
Description99.1
Press Release, dated June 23, 2011.