alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
113TH CONGRESS 

1ST SESSION H. R. 3095 

AN ACT 

To ensure that any new or revised requirement providing 

for the screening, testing, or treatment of individuals 

operating commercial motor vehicles for sleep disorders 

is adopted pursuant to a rulemaking proceeding, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 3095 EH

1 SECTION 1. COMMERCIAL MOTOR VEHICLE OPERATOR RE2 QUIREMENTS RELATING TO SLEEP DIS3 ORDERS. 

4 (a) IN GENERAL.—The Secretary of Transportation 

5 may implement or enforce a requirement providing for the 

6 screening, testing, or treatment (including consideration 

7 of all possible treatment alternatives) of individuals oper8 ating commercial motor vehicles for sleep disorders only 

9 if the requirement is adopted pursuant to a rulemaking 

10 proceeding. 

11 (b) APPLICABILITY.—Subsection (a) shall not apply 

12 to a requirement that was in force before September 1, 

13 2013. 

14 (c) SLEEP DISORDERS DEFINED.—In this section, 

15 the term ‘‘sleep disorders’’ includes obstructive sleep 

16 apnea. 

Passed the House of Representatives September 26, 

2013. 

Attest: 

Clerk. 

113TH CONGRESS 

1ST SESSION H. R. 3095 

AN ACT 

To ensure that any new or revised requirement promaking proceeding, and for other purposes. for sleep disorders is adopted pursuant to a rule- individuals operating commercial motor vehicles viding for the screening, testing, or treatment of
### I N THE UNI TED STATES COURT OF APPEALS FOR THE FI F TH CI RCUI T

No. 13-20108 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee

v. J U A N A N G E L B A RRAZA-VARGAS, also known as Juan Angel Barraza Varg a s , Defendant-Appellant

A ppeal from the United States District Court for the Southern District of Texas USDC No. 4:12-CR-586-1

Before JOLLY, JONES, and HIGGINSON, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Juan Angel BarrazaVargas has moved for leave to withdraw a nd has filed a brief in accordance with Anders v. C

alifornia , 386 U.S. 738 (1967), and United S tates v. Flores , 632 F.3d 229 (5th Cir. 2011). Barraza-Vargas has f i l e d a response. The record is insufficiently developed to allow consideration at this t i me of Barraza-Vargas’s claim of ineffective assistance of counsel; such a claim g enerally “ c annot be resolved on direct appeal when the claim has n ot been raised before the district U n i t e d S t a te s C o u r t o f A p p e al s

F i f t h C i rc u i t 

### F I L E D October 25, 2013 Ly l e W . Cay ce Clerk

* Purs uant to 5 T H C I R

. R

. 47. 5, the court has d eterm ined that this op inion should not be p ublis hed and is not p reced ent excep t und er the lim ited circum s tances s et forth in 5 T H C I R

. R. 47. 5. 4. Case: 13-20108 Document: 00512419999 Page: 1 Date Filed: 10/25/2013No. 13-20108

court s ince no opportunity existed to develop the r ecord on the merits of the allegations.” United States v . Cantwell , 470 F

. 3 d 1087, 1091 (5th Cir. 2006) (internal quotation marks and c i t a t ion omitted). W e have reviewed c ounsel’s brief and the rele v ant portions of the r e cord reflected therein, as well as Barraza-Var gas’s response. We concur with counsel’s assessment that the appeal p resents no nonfrivolous issue f or a ppellate r e v i ew. A ccordingly, the motion for leave to withdraw is GRANTED, counsel is excused f rom further responsibilities herein, and the APPEAL I S DISMISSED. See 5 T H C I R
. R. 42.2.

2 Case: 13-20108 Document: 00512419999 Page: 2 Date Filed: 10/25/2013
exv10w3



 






EXHIBIT 10.3




AMENDMENT TO EMPLOYMENT AGREEMENT




EFFECTIVE DATE: February 24, 2006





			
	PARTIES:	 	  CABG Medical, Inc.             (“Company”)

  Manuel A. Villafaña              (“Employee”)





          WHEREAS, the Company and Employee are parties to that certain Employment Agreement dated
December 31, 2004 (hereinafter “Employment Agreement”);




          WHEREAS, the parties agreed to amend the Employment Agreement on February 8, 2006 (the
“Amendment”); and




          WHEREAS, Company and Employee desire to nullify the Amendment in its entirety and to amend the
Employment Agreement in certain respects.




          NOW, THEREFORE, Company and Employee agree that effective as of the date and year written
above the following Amendment shall be made a part of the Employment Agreement:





	1.	 	The Amendment to Employment Agreement dated February 8, 2006, is hereby nullified in its
entirety.
	 
	2.	 	Section 3 of the Employment Agreement dated December 31, 2004, is hereby amended by adding a
new third paragraph to Section 3, as follows:
	 
	 	 	It is understood by the parties hereto that in the event of a statutory dissolution
or liquidation of the Company, the Employment Agreement will be terminated
concurrently with the approval by the shareholders of the Company of such
dissolution or liquidation, without notice to Employee; provided, however, that
Employee may continue to be employed by the Company on an at-will basis during the
process of completing the dissolution or liquidation. In addition, Employee’s
obligations under Sections 5 and 6 of the Employment Agreement will continue in the
event of such termination, but Mr. Villafaña will not be subject to the duties set
forth in Section 7 of the Employment Agreement, and there will be no obligation of
the Company to make the payments to Employee described in Section 7(c) thereof.
	 
	3.	 	This Amendment is effective as of February 24, 2006.
	 
	4.	 	For good and valuable consideration, you release and forever discharge the Company of
and from any obligations, claims, actions and liability arising in connection with
severance payments or other payments related to your




 









 






	 	 	Employment Agreement in the event of a dissolution or liquidation of the Company.





          This Amendment shall be attached to and be a part of the Employment Agreement between CABG
Medical, Inc. and Manuel A. Villafaña dated December 31, 2004.




          Except as set forth herein, the Employment Agreement shall remain in full force without
modification.




          In consideration of the mutual covenants contained herein, the parties have executed this
Amendment effective as of the date and year above written.




	 	 	 	 	 
	 	 	CABG MEDICAL, INC.
	 
	 	 	 	 
	 

	 	By:
	 	/s/ John L. Babitt
	 

	 	 	 	  John L. Babitt, Chief Operating Officer
	 
	 	 	 	 
	 	 	MANUEL A. VILLAFANA
	 
	 	 	 	 
	 	 	/s/ Manuel A. Villafaña
|   | (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. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                  |                                                                                               |                                |
|---------------------------------------|----------------------------------------------------------------------------------------------------|-------------------------------------|
| November                14, 2007 |                                                                                          | /s/ Edna                Carter |
|                                  | Edna                Carter, Chief Accounting Officer (Principal                Accounting Officer) |
<PAGE>   1
                                                                    EXHIBIT 11.1


                         MDSI MOBILE DATA SOLUTIONS INC.

                    COMPUTATION OF EARNINGS PER COMMON SHARE


<TABLE>
<CAPTION>
                                                      THREE MONTHS ENDED MARCH 31,
                                                       -------------------------
                                                          1998           1997
                                                       ----------     ----------
<S>                                                    <C>            <C>       
Net income for the period ........................     $   76,262     $1,263,280
                                                       ==========     ==========

Weighted average shares outstanding ..............      6,466,336      5,937,239
Common equivalent shares
  Stock options ..................................        143,040        291,373
  Special warrants ...............................             --         60,222
  Share purchase warrants ........................         12,177         22,981
                                                       ----------     ----------

Total shares for diluted earnings per Common Share      6,621,553      6,311,815
                                                       ==========     ==========

Basic earnings per Common Share ..................     $     0.01     $     0.21
                                                       ==========     ==========

Diluted earnings per Common Share ................     $     0.01     $     0.20
                                                       ==========     ==========
</TABLE>



                                      -20-
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-2000
<PERIOD-START>                             OCT-03-1999
<PERIOD-END>                               JAN-01-2000
<CASH>                                       3,432,119
<SECURITIES>                                         0
<RECEIVABLES>                                1,984,348
<ALLOWANCES>                                    70,000
<INVENTORY>                                  2,866,163
<CURRENT-ASSETS>                             9,395,989
<PP&E>                                       4,676,785
<DEPRECIATION>                               4,071,906
<TOTAL-ASSETS>                              10,734,914
<CURRENT-LIABILITIES>                        1,277,520
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       131,215
<OTHER-SE>                                   8,961,957
<TOTAL-LIABILITY-AND-EQUITY>                10,734,914
<SALES>                                      2,253,403
<TOTAL-REVENUES>                             2,253,403
<CGS>                                          810,335
<TOTAL-COSTS>                                1,314,177
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 142
<INCOME-PRETAX>                                152,409
<INCOME-TAX>                                    45,722
<INCOME-CONTINUING>                            106,687
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   106,687
<EPS-BASIC>                                        .08
<EPS-DILUTED>                                      .08


</TABLE>
Order filed, December 06, 2018.

In The 

## Fourteenth Court of Appeals

____________
NO. 14

- 18

- 00915

- CV

____________ RAY W. WARE, M.D., G UARDIAN FOR THE PERS ON AND ESTATE OF

ALAN KEITH WARE , Appellant

V.

MACARTHUR TOWNHOMES HOMEOWNERS ASSOCIATI O N BOARD OF DIRECTORS , Appellee

On Appeal from the 225th District Court

Bexar County, Texas Trial Court Cause No. 2017CI20339



### ORDER

The reporter’s record in this case was due October 22, 2018

. See Tex. R. App. P. 35.1. On October 24, 2018, this cou rt ordered the court reporter to file the record within 30 days. The record has not been filed with the court. Because the reporter’s record has not been filed timely, we issue the following order.We order Maria E. Fattahi , the court reporter, to file the record in this

appeal within 30 days of the date of this order

. No further extension will be entertained absent exceptional circumstances. Appellant ’ s brief will be due 30 days

after Mrs. Fattahi ’ s portion is received and filed. The trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed. See Tex. R. App. P. 35.3(c). If Maria E. Fattahi does not timely file the record as ordered,

we may issue an order directing the trial court to conduct a hearing to determine

the reason for the failure to file the record.

PER CURIAM
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-7715

TIMOTHY LLOYD, a/k/a Luxurious X,

 Plaintiff - Appellant,

 versus

BARTON VINCENT, Deputy General Counsel;

JUDY C. ANDERSON, Director of Program

Services; RICHARD E. SMITH, Warden of Tyger

River Correctional Institution; JOSEPH COUNTS,

Associate Warden; HERB JOHNS, Institution

Grievance Coordinator; DEBBIE N. MANESS,

Mailroom Supervisor,

 Defendants - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Florence. Terry L. Wooten, District Judge.

(CA-03-1546-4)

Submitted: February 9, 2005 Decided: February 16, 2005

Before WILKINSON, MICHAEL, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Timothy Lloyd, Appellant Pro Se. William Benson Darwin, Jr.,

HOLCOMBE, BOMAR, GUNN & BRADFORD, PA, Spartanburg, South Carolina,

for Appellees.
- 2 -

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 3 -

PER CURIAM:

Timothy Lloyd appeals the district court’s order

accepting the recommendation of the magistrate judge and denying

relief on his 42 U.S.C. § 1983 (2000) complaint. We have reviewed

the record and find no reversible error. Accordingly, we affirm

for the reasons stated by the district court. See Lloyd v.

Vincent, No. CA-03-1546-4 (D.S.C. Sept. 10, 2004). We dispense

with oral argument because the facts and legal contentions are

adequately presented in the materials before the court and argument

would not aid the decisional process.

AFFIRMED
#### LEACH v. STATE.

No. 26892.

Court of Criminal Appeals of Texas.

March *17,*1954.

*816No attorney on appeal for'appellant

Wesley Dice, State’s Atty., Austin, for the State!

DAVIDSON, Commissioner.

Drunk driving is the offense; the punishment, a fine of $50 and ten days in jail.

• The record before us contains neither a statement of facts nor bills of exception. Nothing is presented for our consideration."

The judgment is affirmed.

Opinion approved by the court
**THE SUPREME COURT OF TEXAS**

**Post Office Box 12248**

**Austin, Texas 78711**

**(512) 463-1312**

October 02, 2008

Mr. Sean D. Jordan

Assistant Solicitor General

PO Box 12548 (MC 059)

Austin, TX 78711-2548

Ms. Charla G. Aldous

Aldous Law Firm

2305 Cedar Springs Rd., Suite 200

Dallas, TX 75201

Mr. William Robert Burns

King & Spalding, LLP

1100 Louisiana, Ste 4000

Houston, TX 77002

Ms. Diana L. Faust

Cooper & Scully, P.C.

900 Jackson Street, Suite 100

Dallas, TX 75202

RE:Case Number:  08-0696

Court of Appeals Number:  05-07-00845-CV

Trial Court Number:  07-05675

Style:THE UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER AT DALLAS

v.

LARRY M. GENTILELLO, M.D.

Dear Counsel:

Today the Supreme Court of Texas granted in part the Emergency Motion to Reinstate Statutory Stay and Vacate Court of Appeals’ Order Lifting Stay and issued the enclosed stay order in the above-referenced case.

Sincerely,

Blake A. Hawthorne, Clerk

by Claudia Jenks, Chief Deputy Clerk

Enclosures

Case No. 08-0696Page 2
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3086 Engrossed in House (EH)]

113th CONGRESS
  2d Session
                                H. R. 3086

_______________________________________________________________________

                                 AN ACT

 
          To permanently extend the Internet Tax Freedom Act.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Permanent Internet Tax Freedom 
Act''.

SEC. 2. PERMANENT MORATORIUM ON INTERNET ACCESS TAXES AND MULTIPLE AND 
              DISCRIMINATORY TAXES ON ELECTRONIC COMMERCE.

    (a) In General.--Section 1101(a) of the Internet Tax Freedom Act 
(47 U.S.C. 151 note) is amended by striking `` during the period 
beginning November 1, 2003, and ending November 1, 2014''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxes imposed after the date of the enactment of this Act.

            Passed the House of Representatives July 15, 2014.

            Attest:

                                                                 Clerk.
113th CONGRESS

  2d Session

                               H. R. 3086

_______________________________________________________________________

                                 AN ACT

          To permanently extend the Internet Tax Freedom Act.
```
#### McGOWN v. STATE.

No. 22692.

Court of Criminal Appeals of Texas.

Dec. 22, 1943.

O. L. Kidd, of Cameron, for appellant.

Spurgeon E. Bell, State’s Atty., of Austin, for the State.

DAVIDSON, Judge.

Robbery is the offense; the punishment, five years in the state penitentiary.

The injured party was positive in his identification of the appellant as the person who robbed him and took from his person a billfold, as alleged in the indictment. This was sufficient to warrant the jury’s conclusion of guilt.

It appears that, while appellant was testifying as a witness in his own behalf, he was, upon cross-examination, asked, by State’s counsel: “Is this the first time you have been in trouble, Albin?” Appellant’s objection to the question was sustained, and the jury was instructed not to consider the same. Appellant insists that the mere asking of the question prejudiced his rights before the jury and that such injury could not be erased by a withdrawal of the question. While the bill of exception presenting the matter negatives the fact that appellant had not placed his reputation in issue, yet such fact alone would not render the question objectionable; for, if appellant had been charged with or convicted of a felony or a misdemeanor involving moral turpitude, proof of such fact would have been admissible as affecting his credibility as a witness. There is no showing that, in propounding the question, State’s counsel acted other than in good faith.

The jttry having assessed the minimum punishment, we are unable to conclude that appellant’s rights were prejudiced by the mere asking of the question.

The judgment of the trial court is affirmed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.
Entergy Services, Inc. 

425 West Capitol Avenue 

P. O. Box 551 

Little Rock, AR 72203-0551 

Tel # 501 377 5760 

Fax # 501 377 5814 

 Kelly M. McQueen 

Asst. General Counsel - Environmental 

March 31, 2016 

BY ELECTRONIC SUBMISSION 

U.S. Environmental Protection Agency 

Mail Code 6205T 

1200 Pennsylvania Avenue, N.W. 

Washington, D.C. 20460 

Re: Entergy Louisiana, LLC and Entergy Texas, Inc. Comments on the EPA 

Response and Technical Support Document for the 2010 Sulfur Dioxide National 

Ambient Air Quality Standard Area Designation for Calcasieu Parish, Louisiana 

(Docket ID No. EPA-HQ-OAR-2014-0464) 

Dear Sir or Madam: 

 Please find the attached comments of Entergy Louisiana, LLC and Entergy Texas, Inc. 

(collectively “Entergy”) concerning the U.S. Environmental Protection Agency’s (“EPA”) 

Response and Technical Support Document for the 2010 Sulfur Dioxide National Ambient Air 

Quality Standard Area Designation for Calcasieu Parish, Louisiana, as the availability of the 

same was recently published in the Federal Register on March 1, 2016. 81 Fed. Reg. 10,563. 

For the reasons explained in the comments, Entergy encourages the EPA to adopt the 

recommendation for designation of Calcasieu Parish that was submitted and supported by the 

State of Louisiana. 

 Entergy appreciates EPA’s attention to the attached comments and considerations. 

Should you have questions regarding this submission, please contact me at 

kmcque1@entergy.com or 501-377-5760. 

 Sincerely, 

 

 Kelly M. McQueen 

 Assistant General Counsel-Environmental
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.

 August 22, 2014

t0819

Order 

Clerk

August 22, 2014

149672

SC: 149672

In re ARCE/LOGAN, Minors. COA: 318471

Jackson CC Family Division:

12-001239-NA

_______________________________________/

On order of the Court, the application for leave to appeal the June 19, 2014 

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

persuaded that the question presented should be reviewed by this Court.
EXHIBIT 23.1



INDEPENDENT AUDITORS CONSENT



We consent to the incorporation by reference in Registration Statement No. 333-104681 of C2, Inc. on Form S-8 of our report dated February 6, 2004, relating to the
consolidated financial statements of C2, Inc. as of and for the years ended December 31, 2003 and 2002 (which report expresses an unqualified opinion and includes an explanatory paragraph relating to the initial adoption of Statement of Financial
Accounting Standards No. 142, Goodwill and Other Intangible Assets) appearing in this Annual Report on Form 10-K of C2, Inc. for the year ended December 31, 2003.



|                         
|-------------------------
|/s/ Deloitte & Touche LLP
|DELOITTE & TOUCHE LLP    
|Milwaukee, Wisconsin     
|March 8, 2004
EXHIBIT 32.2


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



In connection with the Quarterly  Report of MDSI Mobile Data Solutions Inc. (the
"Company") on Form 10-Q for the quarter  ended  September 30, 2003 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Verne D. Pecho, the Vice President Finance & Administration  and Chief Financial
Officer of the  Company,  certify,  pursuant  to 18 U.S.C.  ss.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/ Verne D. Pecho
                                       ----------------------------------------
                                       Vice President Finance & Administration
                                       and Chief Financial Officer
                                       November 19, 2003






================================================================================