alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### William R. SMITH, for himself and for the Use and Behalf of Hotel Kingmeyer Properties, Inc., an Ohio Corporation, and Your Host, Inc., Plaintiff-Appellee Cross Appellant, v. AMERICAN MOTOR INNS OF FLORIDA, INC., Defendant-Appellant Cross Appellee.

No. 75-1852.

United States Court of Appeals, Fifth Circuit.

Jan. 3, 1977.

Robert Orseck, Robert L. Parks, Miami, Fla., for appellant.

F. Lawrence Matthews, Fort Lauderdale, Fla., for appellee.

ON PETITION FOR REHEARING

(Opinion September 15, 1976, 5 Cir. 1976, 538 F.2d 1090).

Before DYER, SIMPSON and RONEY, Circuit Judges.

PER CURIAM:

In his petition for rehearing Smith asserts that he should have been given credit for the $17,500 land-lease payment made by him during the period of his occupancy. Because Smith was charged with the value of his use and occupancy of the motel as determined by the district court, he claims that in effect this Court has imposed upon him a total rent obligation of $72,797.14.

As we stated in our opinion, the rental value of the land is subsumed in the total rental value of the motel property. Therefore, once Smith has been charged for the full use and occupancy value of the motel property, the land-lease payments become property expenses of the owner who receives the rental value. *Smith v. American Motor Inns of Florida, Inc.,*538 F.2d 1090, 1093 (5th Cir. 1976). From the colloquy at trial noted in the margin, *Id.*at 1093, n. 1, we were under the impression that Smith had already been reimbursed by American for his $17,500 payment, and thus was not entitled to be credited with this amount. Smith contends this is not the case. Be*901cause we cannot ascertain from the record on appeal the true status of this $17,500 payment, we remand to the district court for such a determination. If the district court finds that Smith has not been reimbursed by American for this land-lease payment, his award of $29,691.58 should be increased by $17,500.

The petition for rehearing is granted. The previous decision of this- Court is modified by remanding the case to the district court for further proceedings in compliance with this opinion. We leave to the district court the decision as to whether the determination herein required should be made on the present record or whether additional evidence should be received. In all other respects, the prior opinion stands as the decision in this case.

AFFIRMED IN PART, REVERSED IN PART, REMANDED IN PART.
#### MAY v. MOORE.

Court of Appeals of Kentucky.

May 30, 1952.

L. D. May, Pikeville, for appellant.

Dan Jack Combs, Pikeville, for appellee.

MILLIKEN, Justice.

This is an original action brought in this court by L. D. May, County Attorney of Pike County, in which it is requested that a writ of prohibition be issued against the respondent, B. E. Moore, a justice of the peace in Pike County, prohibiting him from returning an automobile driver’s license to George Worrix, Jr., who had been convicted in the justice’s court of driving an automobile on a public highway while under the influence of intoxicating liquor and had been fined $100 therefor. Upon learning that he would lose his driver’s license, Worrix promptly appealed his conviction — he had pleaded guilty in the justice’s court — to the Pike Circuit Court and had given bond to suspend the judgment. In conformity with KRS 186.550 and 186.560, Mr. Moore had taken up Worrix’ driver’s license for delivery to the Department of Revenue, but, upon Worrix’ appeal of his conviction and making of bond suspending the judgment, Mr. Moore issued an order to return the license to Worrix.

It is the contention of the County Attorney that Mr. Moore had no legal discretion in this matter — that KRS 186.550 'and 186.560 made it mandatory for him to take up Worrix’ license and return it to the Department of Revenue. KRS 186.550(2) declares : “The court shall take up the motor vehicle operator’s license certificate of a person convicted of any of the offenses for which mandatory revocation is provided by KRS 186.560 and have it immediately forwarded to the department with the report covering the conviction.” KRS 186.560 directs the department to revoke the license of any one convicted of the offense for which Worrix was charged and convicted.

In Commonwealth v. Harris, 278 Ky. 218, 128 S.W.2d 579, we held that the right to operate an automobile on a public highway was a privilege subject to reasonable regulation, and that revocation of it denied the holder of the privilege no guaranteed civil rights. In the opinion in the Harris case, we affirmed Commonwealth v. Burnett, 274 Ky. 231, 118 S.W.2d 558, 560, wherein we had held that the suspension of the driver’s license was no part of the penalty, and that suspension of the license “ ‘does not add to his punishment; it merely prevents future violations of the law * * *.’ ” As a consequence, the supersedeas bond given by Worrix in the Circuit Court does not stay the taking up of his license by the respondent. See Rodes v. Gilliam, 197 Ky. 123, 245 S.W. 897.

The writ of prohibition is granted, and the respondent is directed to not return the license to Worrix, but to take it up and immediately forward it to the department.
Court of Appeals

Sixth Appellate District of Texas

J U D G M E N T

Ashley Renee Williams, Appellant

No. 06-15-00199-CR v.

The State of Texas, Appellee

Appeal from the 196th District Court of 

Hunt County, Texas (Tr. Ct. No. 30,558). 

Opinion delivered by Justice Moseley, Chief 

Justice Morriss and Justice Burgess 

participating.

As stated in the Court’s opinion of this date, we find no error in the judgment of the court 

below. We affirm the judgment of the trial court.

We note that the appellant, Ashley Renee Williams, has adequately indicated her inability 

to pay costs of appeal. Therefore, we waive payment of costs.

RENDERED MAY 18, 2016

BY ORDER OF THE COURT

JOSH R. MORRISS, III

CHIEF JUSTICE

ATTEST:

Debra K. Autrey, Clerk
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 Annual Report of Extended Systems Incorporated on Form
10-K for the year ended June 30, 2005 as filed with the Securities and Exchange
Commission (the "Report"), I, Valerie A. Heusinkveld, 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 and 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 Extended Systems Incorporated.




/S/ VALERIE A. HEUSINKVELD
----------------------------
Valerie A. Heusinkveld
Chief Financial Officer
October 17, 2005
#### BUTTREY v. COMMONWEALTH.

Court of Appeals of Kentucky.

March 20, 1953.

Cam Mullins, London, for movant.

J. D. Buckman, Jr., Atty. Gen., and John B. Browning, Asst. Atty. Gen., for the Commonwealth.

PER CURIAM:

Motion for an appeal' from the Laurel Circuit Court by James Buttrey from a judgment convicting him of shooting and wounding in- sudden heat of passion, without malice, and fixing his punishment at a fine of $250 and confinement for one year in jail.

A consideration, of the record discloses no error prejudicial to movant’s substantial rights and the judgment is affirmed.
**Exhibit 32(ii)**

****

****

****

**CERTIFICATION OF CHIEF FINANCIAL OFFICERPURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

 

                        In connect with the quarterly report of Taylor Devices, Inc. (the "Company") on Form 10-Q for the quarter endedFebruary 28, 2010 to befiled with Securities and Exchange Commission on or about the date hereof (the "Report"), I, Mark V. McDonough, Chief Financial Officer of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 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 as of the dates and for the periods covered by the Report.

                        It is not intended that this statement be deemed to be filed for purposes of the Securities Exchange Act of 1934.
| Date: April 13, 2010         | By: | /s/ Mark V. McDonough      |
|----------------------------------------------------------------------|-----|-----------------------------------------------------|
|                                                                      |     | Mark V. McDonough,Chief Financial Officer           |
#### Ex parte CARLINO.

No. 24767.

Court of Criminal Appeals of Texas.

March 15, 1950.

Percy Foreman, Houston, for appellant.

A. C. Winborn, Criminal Dist. Atty., Houston, E. T. Branch, Asst. Criminal Dist. Atty., Houston, George P. Blackburn, State’s Atty., of Austin, for the State.

DAVIDSON, Judge.

Appellant, relator in the court below, is under indictment for the murder of Vincent Vallone. His application for bail pending trial was refused by order of -the trial court, from which order he appeals.

In matters of this nature it is the policy of this court not to state the facts at length.

The record, as a whole, convinces us that this is a bailable case.

Consequently, the judgment of the trial court is reversed and bail granted in the sum of $20,000.

Opinion approved by the Court.
EXHIBIT 23.1

                       CONSENT OF INDEPENDENT ACCOUNTANTS

The Board of Directors
Gaston Federal Bancorp, Inc.

We consent to the incorporation by reference in the Registration Statement on
Form S-8 (No. 333-77657) of Gaston Federal Bancorp, Inc. of our report dated
January 30, 2002, relating to the consolidated statements of condition,
operations, comprehensive income, changes in equity and cash flows as of
December 31, 2001 and 2000, and for the year ended December 31, 2001, the three
month period ended December 31, 2000, and the year ended September 30, 2000,
which is included in the December 31, 2001 annual report on Form 10-KSB of
Gaston Federal Bancorp, Inc.


/s/ Cherry, Bekaert & Holland, L.L.P.

Gastonia, North Carolina
March 25, 2002
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 State

          - [Public Notice No. 3445] 

The Shipping Coordinating Committee (SHC) scheduled to take place on Wednesday, November 8, 2000 at U.S. Coast Guard Headquarters has been cancelled. For further information, please contact Captain Joesph F. Ahern or Lieutenant Daniel J. Goettle, U.S. Coast Guard, Office of Maritime and International Law (G-LMI), 2100 Second Street, S.W., Washington, D.C. 20593-0001; telephone (202) 267-1527; fax (202) 267-4496. 

Dated: October 18, 2000.

Stephen M. Miller, 

Executive Secretary, Shipping Coordinating Committee. 

[FR Doc. 00-27290 Filed 10-23-00; 8:45 am] 

BILLING CODE 4710-07-P
----

**CERTIFICATIONS                                                      Exhibit      31**

| 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:                November 12, 2007 | /s/Ronald                H. Braam                                    |
|----------------------------------------|----------------------------------------------------------------------|
|                                   | Ronald                H. BraamChief                Executive Officer |

----

| Date:                November 12, 2007 | /s/Gregory                M. Bowie                                                                              |
|----------------------------------------|-----------------------------------------------------------------------------------------------------------------|
|                                   | Gregory                M. BowieVice                President, Finance andChief                Financial Officer |

----
I 

113TH CONGRESS 

1ST SESSION H. R. 315 

To provide for the placement of certain synthetic drugs on Schedule I under 

the Controlled Substances Act. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 18, 2013 

Mrs. EMERSON introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on 

the Judiciary, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide for the placement of certain synthetic drugs on 

Schedule I under the Controlled Substances Act. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Synthetic Cathinones 

5 Control Act of 2013’’. 

6 SEC. 2. ADDITION OF SYNTHETIC DRUGS TO SCHEDULE I 

7 OF THE CONTROLLED SUBSTANCES ACT. 

8 (a) IN GENERAL.—Notwithstanding any other provi9 sion of the Controlled Substances Act (21 U.S.C. 801 et 


pwalker on DSK7TPTVN1PROD with 
2 

•HR 315 IH

1 seq.), the Attorney General shall, not later than 60 days 

2 after the date of the enactment of this Act, issue a final 

3 order that schedules the following substances on schedule 

4 I under section 202(c) of that Act (21 U.S.C. 812(c)): 

5 (1) 3,4-methylenedioxymethcathinone (methyl6 one). 

7 (2) Naphthylpyrovalerone (naphyrone). 

8 (3) 4-fluoromethcathinone (flephedrone). 

9 (4) 4-methoxymethcathinone (methedrone; Bk– 

10 PMMA). 

11 (5) Ethcathinone (N-ethylcathinone). 

12 (6) 3,4-methylenedioxyethcathinone (ethylone). 

13 (7) Beta-keto-N-methyl-3,4-benzodioxyolybutan14 amine (butylone). 

15 (8) N,N-dimethylcathinone (metamfepramone). 

16 (9) Alpha-pyrrolidinopropiophenone (alpha17 PPP). 

18 (10) 4-methoxy-alphapyrrolidinopropiophenone 

19 (MOPPP). 

20 (11) 3,4-methylenedioxyalphapyrrolidinopro21 piophenone (MDPPP). 

22 (12) Alpha-pyrrolidinovalerophenone (alpha23 PVP). 

24 (13) 6,7-dihydro-5H-indeno[5,6-d][1,3]dioxol-6- 

25 amine (MDAI). 


pwalker on DSK7TPTVN1PROD with 
3 

•HR 315 IH

1 (14) 3-fluoromethcathinone. 

2 (15) 4′-methyl-α-pyrrolidinobutiophenone 

3 (MPBP). 

4 (b) CONFORMING AMENDMENT TO REMOVE DEAD5 WOOD.—Subsection (c) of section 202 of the Controlled 

6 Substances Act (21 U.S.C. 802) is amended to read as 

7 follows: 

8 ‘‘(c) CROSS REFERENCE TO SCHEDULES OF CON9 TROLLED SUBSTANCES.—Schedules I, II, III, IV, and V 

10 shall consist of the drugs and other substances (by what11 ever official name, common or usual name, chemical name, 

12 or brand name designated) that are set forth in the respec13 tive schedules in part 1308 of title 21, Code of Federal 

14 Regulations, as they may be amended from time to time, 

15 or in any successor regulation.’’. 

Æ 


pwalker on DSK7TPTVN1PROD with
Exhibit 23
  
 
   CONSENT OF INDEPENDENT ACCOUNTANTS
  The Board of Directors
 Citizens South Banking Corporation
 Gastonia, North Carolina
 
  We consent to the incorporation by reference in the Registration Statements on Form S-8 (Nos. 333-103218, 333-77657 and 333-111228) of Citizens South Banking Corporation and subsidiaries of our report dated March 12, 2010, related to the audits of the consolidated statements of condition as of December 31, 2010 and 2009, and the related consolidated statements of operations, changes in shareholders’ equity and cash flows for each of the years in the three-year period ended December 31, 2010, which are included in the December 31, 2010 Annual Report on Form 10-K of Citizens South Banking Corporation and subsidiaries.
   /s/ Cherry, Bekaert & Holland, L.L.P.
  Gastonia, North Carolina
 March 14, 2011
Exhibit 32.1
 CERTIFICATIONS OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  /s/ Joseph V. Gulfo, M.D.Joseph V. Gulfo, M.D.President and Chief Executive Officer
(Principal Executive Officer)  /s/ Richard I. SteinhartRichard I. SteinhartVice President & Chief Financial Officer
(Principal Accounting and Financial Officer)  
 *
    
    A signed original of this written statement required by Section 906 of the Sarbanes-Oxley
Act of 2002 has been provided to Electro-Optical Sciences, Inc. and will be retained by
Electro-Optical Sciences, Inc. and furnished to the Securities and Exchange Commission or its
staff upon request. This written statement accompanies the Form 10-K to which it relates, is
not deemed filed with the Securities and Exchange Commission, and will not be incorporated by
reference into any filing of Electro-Optical Sciences, Inc. under the Securities Act of 1933
or the Securities Exchange Act of 1934, irrespective of any general incorporation language
contained in such filing. 78
Exhibit 10.1(b)


             Schedule of Secured Convertible Note (demand) Issued by
             NCT Group, Inc. to Carole Salkind on February 27, 2006



    Issue Date        Due Date           Principal          Conversion Price
    ----------        --------           ---------          ----------------
     02/27/06        Earlier of:          $850,000      Greater of: (i) $0.0029;
                     (i) demand;                        or (ii) the par value of
                     or (ii) 08/27/06                   NCT Group, Inc.
                                                        common stock on the
                                                        date of conversion
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
TENNESSEE GAS PIPELINE COMPANY AND CONSOLIDATED SUBSIDIARIES FINANCIAL
STATEMENTS AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-END>                               SEP-30-1995
<CASH>                                            $706
<SECURITIES>                                         0
<RECEIVABLES>                                      474
<ALLOWANCES>                                         0
<INVENTORY>                                        999
<CURRENT-ASSETS>                                 6,152
<PP&E>                                          10,908
<DEPRECIATION>                                   5,598
<TOTAL-ASSETS>                                  13,700
<CURRENT-LIABILITIES>                            2,479
<BONDS>                                            536
<COMMON>                                             0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                       7,721
<TOTAL-LIABILITY-AND-EQUITY>                    13,700
<SALES>                                          6,454
<TOTAL-REVENUES>                                 6,454
<CGS>                                            4,783
<TOTAL-COSTS>                                    4,783
<OTHER-EXPENSES>                                   852
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 212
<INCOME-PRETAX>                                    932
<INCOME-TAX>                                       370
<INCOME-CONTINUING>                                536
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      $536
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
Pharmacokinetics

Exclusive Property of the Council for the Advancement of Pyrethroid 

Human Risk Assessment, LLC (CAPHRA) 1
Pharmacokinetics – Targeted Testing

2

Exclusive Property of the Council for the Advancement of Pyrethroid 

Human Risk Assessment, LLC (CAPHRA)
Exclusive Property of the Council for the Advancement of 

Pyrethroid Human Risk Assessment, LLC (CAPHRA)

3
Exclusive Property of the Council for the Advancement of Pyrethroid Human Risk Assessment, LLC (CAPHRA) 4
Pharmacokinetics – Importance of 

Enzyme Ontogeny

• Age-related differences in metabolic clearance

• Species differences

• Critical for building a sound PBPK models for 

developing rat and human

Exclusive Property of the Council for the Advancement of 

Pyrethroid Human Risk Assessment, LLC (CAPHRA) 5