alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### BENNETT et al. v. BUCKLEY et al.

Court of Appeals of Kentucky.

May 22, 1953.

Elwood Rosenbaum, Lexington, for appellants.

Harbison, Kessinger, Lisle & Bush, Ben L. Kessinger, Jr., Lexington, for appellees.

PER CURIAM.

On motion for an appeal from the Fay-ette Circuit Court, Joseph J. Bradley, Judge.

Roy T. Bennett and A. D. Robinson, d/b/a Main Auto Sales, who were plaintiffs in the circuit court, prayed judgment against Ben F. Buckley, Jr., and Ben F. Buckley III, d/b/a Buckley and Company, in the sum of $1,700. At the trial of the cause and at the conclusion of plaintiffs’ testimony, the court peremptorily instructed the jury to find for the defendants. The jury returned a verdict in accordance with the instruction, and plaintiffs’ petition was dismissed.

The case is reviewable by motion for an appeal under Chapter 24 of the Acts of the General Assembly of 1952, which became effective June 19, 1952.

We have examined the case carefully and are not disposed to disturb the judgment. Therefore, it is affirmed.
Exhibit 32.1



CERTIFICATION PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002 *



In
connection with the annual report of Vicuron Pharmaceuticals Inc. (the Company) on Form 10-K for the fiscal year ended December 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), I,
George F. Horner III, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:



| | 1. | The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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 result of operations of the Company.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |  |  |                                      
|-------------------- |  |  |  | -------------------------------------
|                     |  | 
|Date: March 14, 2005 |  |  |  | /s/ GEORGE F. HORNER III             
|                     |  |  |  | George F. Horner III                 
|                     |  |  |  | President and Chief Executive Officer



This certification
accompanies this annual report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.

---

|* | A signed original of this written statement required by Section 906 has been provided to Vicuron Pharmaceuticals Inc. and will be retained by Vicuron Pharmaceuticals Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.
|- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
<TABLE> <S> <C>


<ARTICLE>                     5

<MULTIPLIER>                                   1,000

       
<S>                                            <C>
<PERIOD-TYPE>                                  9-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-START>                                 JAN-01-1997
<PERIOD-END>                                   SEP-30-1997
<CASH>                                                   0
<SECURITIES>                                         1,677
<RECEIVABLES>                                       10,875
<ALLOWANCES>                                         2,076
<INVENTORY>                                              0
<CURRENT-ASSETS>                                         0
<PP&E>                                              28,419
<DEPRECIATION>                                       8,053
<TOTAL-ASSETS>                                      91,883
<CURRENT-LIABILITIES>                                    0
<BONDS>                                             70,526
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                             1,603
<OTHER-SE>                                          13,813
<TOTAL-LIABILITY-AND-EQUITY>                        91,883
<SALES>                                             16,152
<TOTAL-REVENUES>                                    15,079
<CGS>                                               13,013
<TOTAL-COSTS>                                       13,013
<OTHER-EXPENSES>                                     9,076
<LOSS-PROVISION>                                       709
<INTEREST-EXPENSE>                                   3,032
<INCOME-PRETAX>                                      2,262
<INCOME-TAX>                                           867
<INCOME-CONTINUING>                                  1,382
<DISCONTINUED>                                        (402)
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                           980
<EPS-PRIMARY>                                         0.32
<EPS-DILUTED>                                         0.31
        


</TABLE>
exv10w2



 






EXHIBIT 10.2




Mr. Manuel A. Villafaña

CABG Medical, Inc.

14505 — 21st Avenue North, Suite 212

Minneapolis, MN 55447-5602




Dear Mr. Villafaña:




          This letter agreement (“Agreement”) confirms in writing the oral agreement which you and CABG
Medical, Inc. entered into on February 24, 2006, regarding your Change of Control Agreement dated
June 17, 2003. The terms of this Agreement are as follows:





	 	5.	 	The Amendment to the Change of Control Agreement dated February 8, 2006 discharging and
terminating the Change in Control Agreement is hereby nullified, and the June 17, 2003,
Change of Control Agreement is hereby reinstated in its entirety subject to the amendment
set forth in Paragraph 2 below.
	 
	 	6.	 	Section 2(d) of the Change of Control Agreement is hereby deleted, and hereafter the
Change of Control Agreement and the payments thereunder will no longer apply to a situation
where there is approval by the shareholders of any plan for the dissolution or liquidation
of the Company.
	 
	 	7.	 	The effective date of this Agreement is February 24, 2006.
	 
	 	8.	 	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 change
of control payments in the event of a dissolution or liquidation of the Company.





          Please sign both copies of this letter agreement and return one signed copy of this letter
which will constitute and agreement on this subject.




	 	 	 
	 

	 	CABG Medical, Inc.
	 
	 	 
	 

	 	/s/ John L. Babitt
	 

	 	By: John L. Babitt, Chief Operating Officer
	 
	 	 
	Agreed to this 28th day of February, 2006
	 	 
	 
	 	 
	/s/ Manuel A. Villafaña
	 	 
	Manuel A. Villafaña
#### WILSON v. STATE.

No. 25693.

Court of Criminal Appeals of Texas.

Feb. 6, 1952.

No attorney on appeal for appellant..

George P. Blackburn, State’s Atty., of Austin, for the State.

WOODLEY, Commissioner.

The conviction is for the sale of beer in a dry area, the jury having assessed the punishment at 12 months in jail and a fine of $350.

The evidence fully sustains the charge that appellant sold 'beer in an admittedly dry area to the person named in the complaint and information.

According to the lone bill of exception, complaining of the charge of the court in submitting the question of enhancement of the punishment, the complaint, information and judgment admitted in evidence, but not read to the jury, showed a final conviction for the sale of beer in a dry area as here alleged for the purpose of enhancing the punishment.

The objection to the court’s charge reads as follows: “Defendant excepts to the charge of the court for this: That same submits issues and matters not properly pleaded nor proved in that it submits to the jury the alleged prior conviction of the defendant in Cause No. 14,127 in this Court, and authorizes the enhancement of the punishment of defendant in this case because of such alleged prior conviction, in the event of a conviction for the offense charged in this present case. Wherefore defendant excepts to the charge of the Court and prays judgment of the Court.”

The punishment assessed 'by the jury is not in excess of that provided for the offense charged, and it is not shown that *709the punishment assessed was enhanced by reason of the prior conviction.

Under these facts, the bill complaining of the court’s charge shows no error requiring reversal of the conviction.

The judgment is affirmed.

Opinion approved by the Court.
Exhibit 23.1
------------

                     INDEPENDENT PUBLIC ACCOUNTANTS' CONSENT

To the Board of Directors
GSV, Inc. and subsidiaries
Westport, Connecticut

We hereby  consent to  incorporation  by  reference  in  Registration  Statement
Numbers  333-75159  and 333-91575 on Form S-8 of our report dated March 29, 2004
on the  consolidated  balance sheet of GSV, Inc. and Subsidiaries as of December
31, 2003 and the  related  consolidated  statements  of  operations,  changes of
stockholders'  equity and cash flows for the years ended  December  31, 2003 and
2002, which appear in the December 31, 2003 Annual Report on Form 10-KSB of GSV,
Inc.



Denver, Colorado                                   /s/  Comiskey & Company, P.C.
April 13, 2003                                          Comiskey & Company, P.C.
113TH CONGRESS 

1ST SESSION H. R. 3343 

AN ACT 

To amend the District of Columbia Home Rule Act to clarify 

the rules regarding the determination of the compensation of the Chief Financial Officer of the District of 

Columbia. 

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

•HR 3343 EH

1 SECTION 1. CLARIFICATION OF DETERMINATION OF COM2 PENSATION OF CHIEF FINANCIAL OFFICER 

3 OF DISTRICT OF COLUMBIA. 

4 (a) DETERMINATION OF COMPENSATION.—Section 

5 424(b)(2)(E) of the District of Columbia Home Rule Act 

6 (sec. 1–204.24(b)(2)(E), D.C. Official Code) is amended 

7 to read as follows: 

8 ‘‘(E) PAY.—The Chief Financial Officer 

9 shall be paid at a rate such that the total 

10 amount of compensation paid during any cal11 endar year does not exceed an amount equal to 

12 the limit on total pay which is applicable during 

13 the year under section 5307 of title 5, United 

14 States Code, to an employee described in sec15 tion 5307(d) of such title.’’. 

16 (b) EFFECTIVE DATE.—The amendment made by 

17 subsection (a) shall apply with respect to pay periods be18 ginning on or after the date of the enactment of this Act. 

Passed the House of Representatives November 18, 

2013. 

Attest: 

Clerk. 

113TH CONGRESS 

1ST SESSION H. R. 3343 

AN ACT 

To amend the District of Columbia Home Rule Act 

cer of the District of Columbia. of the compensation of the Chief Financial Offito clarify the rules regarding the determination
H. R. 3375 

One Hundred Thirteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Friday, 

the third day of January, two thousand and fourteen 

An Act 

To designate the community-based outpatient clinic of the Department of Veterans 

Affairs to be constructed at 3141 Centennial Boulevard, Colorado Springs, Colorado, as the ‘‘PFC Floyd K. Lindstrom Department of Veterans Affairs Clinic’’. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. PFC FLOYD K. LINDSTROM DEPARTMENT OF VETERANS 

AFFAIRS CLINIC. 

(a) DESIGNATION.—The community-based outpatient clinic of 

the Department of Veterans Affairs to be constructed at 3141 

Centennial Boulevard, Colorado Springs, Colorado, shall be known 

and designated as the ‘‘PFC Floyd K. Lindstrom Department of 

Veterans Affairs Clinic’’. 

(b) REFERENCES.—Any reference in a law, regulation, map, 

document, paper, or other record of the United States to the building 

referred to in subsection (a) shall be deemed to be a reference 

to the ‘‘PFC Floyd K. Lindstrom Department of Veterans Affairs 

Clinic’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
#### AMICA MUTUAL INSURANCE COMPANY *v.*DONNA WOODS ET AL.

*Samuel B. Feldman,*in support of the petition.

*Robert M. Fitzgerald,*in opposition.

Decided June 25, 1998

The plaintiffs petition for certification for appeal from the Appellate Court, 48 Conn. App. 690 (AC 17150), is denied.

NORCOTT, J., did not participate in the consideration or decision of this petition.
<TABLE>
<CAPTION>

                                                                                                              EXHIBIT 12


                                                               MERRILL LYNCH PREFERRED CAPITAL TRUST III
                                                                MERRILL LYNCH PREFERRED FUNDING III, L.P.
                                                                 COMPUTATION OF RATIOS OF EARNINGS TO
                                                   COMBINED FIXED CHARGES AND PREFERRED SECURITIES DISTRIBUTIONS
                                                                          (dollars in thousands)



                                                        FOR THE YEAR ENDED                    FOR THE PERIOD JANUARY 16, 1998
                                                        DECEMBER 31, 1999                         TO DECEMBER 25, 1998
                                           ------------------------------------------      --------------------------------------
                                            MERRILL LYNCH          MERRILL LYNCH             MERRILL LYNCH        MERRILL LYNCH
                                              PREFERRED              PREFERRED                  PREFERRED            PREFERRED
                                           CAPITAL TRUST III        FUNDING III, L.P.       CAPITAL TRUST III   FUNDING III, L.P.
                                           -----------------       ------------------      ------------------   -----------------

<S>                                        <C>                    <C>                    <C>                  <C>

Earnings                                      $ 54,124              $ 63,471                $ 51,727               $ 60,685
                                              ========              ========                ========               ========


Fixed charges                                 $      -              $      -                $      -               $      -

Preferred securities distribution
     requirements                               52,500                54,124                  50,175                 51,727
                                              --------              --------                --------               --------

Total combined fixed charges and
     preferred securities distributions       $ 52,500              $ 54,124                $ 50,175               $ 51,727
                                              ========              ========                ========               ========

Ratio of earnings to combined
     fixed charges and preferred
     securities distributions                     1.03                  1.17                    1.03                   1.17


</TABLE>
[Federal Register Volume 65, Number 207 (Wednesday, October 25, 2000)]
[Notices]
[Page 63851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27342]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP01-46-000]


Carnegie Interstate Pipeline Company; Notice of Request for 
Exemption

October 19, 2000.
    Take notice that on October 13, 2000, Carnegie Interstate Pipeline 
Company (Carnegie) in compliance with the Commission's September 28, 
2000 order in Docket No. RM96-1-016, and pursuant to Rule 212 of the 
Commission's Rules of Practice and Procedure, 18 CFR 385.212, tendered 
for filing their requests for waiver of section 284.12(c)(2)(ii) of the 
Commission's regulations, which requires pipelines to implement 
imbalance netting and trading on their systems.
    Carnegie states that its shippers do not incur imbalances netting 
trading to avoid cash-out charges because Carnegie does not have a 
cash-out mechanism.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or a protest with the Federal Energy 
Regulatory Commission, 888 First Street, NE, Washington, DC 20426, in 
accordance with Sections 385.214 or 385.211 of the Commission's Rules 
and Regulations. All such motions or protests must be filed on or 
before October 26, 2000. Protests will be considered by the Commission 
in determining the appropriate action to be taken, but will not serve 
to make protestants parties to the proceedings. Any person wishing to 
become a party must file a motion to intervene. Copies of this filing 
are on file with the Commission and are available for public inspection 
in the Public Reference Room. This filing may be viewed on the web at 
http://www.ferc.fed.us/online/rims.htm (call 202-208-2222 for 
assistance).

David P. Boergers,
Secretary.
[FR Doc. 00-27342 Filed 10-24-00; 8:45 am]
BILLING CODE 6717-01-M
[Federal Register Volume 65, Number 210 (Monday, October 30, 2000)]
[Notices]
[Page 64661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27707]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Export Administration


Information Systems Technical Advisory Committee; Notice of 
Partially Closed Meeting

    The Information Systems Technical Advisory Committee (ISTAC) will 
meet on November 15 & 16, 2000, 9 a.m., in the Herbert C. Hoover 
Building, Room 3884, 14th Street between Pennsylvania Avenue and 
Constitution Avenue NW., Washington, DC. The ISTAC advises the Office 
of the Assistant Secretary for Export Administration on technical 
questions that affect the level of export controls applicable to 
information systems equipment and technology.

November 15

    Public Session
    1. Update on low-power microprocessors and industry trends
    2. Discussion on Bureau of Export Administration initiatives
    3. Committee planning for 2001
    4. Comments or presentations from the public

November 15 & 16

    Closed Session
    5. Discussion of matters properly classified under Executive Order 
12958, dealing with U.S. export control programs and strategic criteria 
related thereto.
    A limited number of seats will be available for the public session. 
Reservations are not accepted. To the extent time permits, members of 
the public may present oral statements to the ISTAC. The public may 
submit written statements at any time before or after the meeting. 
However, to facilitate distribution of public presentation materials to 
Committee members, the ISTAC suggests that public presentation 
materials or comments be forwarded before the meeting to the address 
listed below: Ms. Lee Ann Carpenter, OSIES/EA/BXA MS: 3876, U.S. 
Department of Commerce, 14th St. & Constitution Ave., NW., Washington, 
DC 20230.
    The Assistant Secretary for Administration, with the concurrence of 
the delegate of the General Counsel, formally determined on September 
10, 1999, pursuant to section 10(d) of the Federal Advisory Committee 
Act, as amended, that the series of meetings or portions of meetings of 
this Committee and of any Subcommittees thereof dealing with the 
classified materials listed in 5 U.S.C. 552(c)(1) shall be exempt from 
the provisions relating to public meetings found in section 10(a)(1) 
and (a)(3), of the Federal Advisory Committee Act. The remaining series 
of meetings or portions thereof will be open to the public.
    A copy of the Notice of Determination to close meetings or portions 
of meetings of this Committee is available for public inspection and 
copying in the Central Reference and Records Inspection Facility, Room 
6020, U.S. Department of Commerce, Washington, DC. For more information 
or copies of the minutes call Lee Ann Carpenter, 202-484-2583.

    Dated: October 24, 2000.
Lee Ann Carpenter,
Committee Liaison Officer.
[FR Doc. 00-27707 Filed 10-27-00; 8:45 am]
BILLING CODE 3510-JT-M
Fourth Court of Appeals

San Antonio, Texas

JUDGMENT

No. 04-15-00162-CR

Manuel Balderas GONZALEZ,

Appellant

v.

The STATE of Texas,

Appellee

From the 437th Judicial District Court, Bexar County, Texas

Trial Court No. 2014CR6806

Honorable Lori I. Valenzuela, Judge Presiding

BEFORE CHIEF JUSTICE MARION, JUSTICE CHAPA, AND JUSTICE PULLIAM

In accordance with this court’s opinion of this date, this appeal is DISMISSED.

It is ORDERED that the mandate issue immediately.

SIGNED May 6, 2015.

_________________________________

Luz Elena D. Chapa, Justice
**EXHIBIT 32.2 SECTION 1350 CERTIFICATION OF CHIEF FINANCIAL OFFICER**     Pursuant to 18 U.S.C. Section 1350, as adopted by Section 906 of the Sarbanes-Oxley Act of2002, the undersigned officer of Getty Realty Corp.(the “Company”) hereby certifies, to suchofficer’s knowledge, that:     (i) the Annual Report on Form 10-K of the Company for the annual period ended December 31,2007 (the “Report”) fully complies with the requirements of Section 13(a) or Section 15(d), asapplicable, of the Securities Exchange Act of 1934, as amended (subject to the Company’s positionprevailing in regard to the unresolved SEC comment, as more fully described in the Report); and     (ii) the information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.Dated:March 17, 2008By: /s/ THOMAS J. STIRNWEIS
Exhibit 23.01

Independent Auditors' Consent

The
Board of Directors
Click2learn, Inc.:

We
consent to the incorporation by reference in the registration statements (No. 333-51858, 333-87425, 333-89615, and 333-75480) on Form S-3 and registration statements
(Nos. 333-68413, 333-83759, 333-42822, 333-63916, and 333-97877) on Form S-8 of Click2learn, Inc. and subsidiaries of our report dated January 31, 2003, with respect to the
consolidated balance sheets of Click2learn, Inc. as of December 31, 2001 and 2002 and the related consolidated statements of operations, stockholders' equity and comprehensive loss, and
cash flows for each of the years in the three-year period ended December 31, 2002 and the related consolidated financial statement schedule, which report appears in the December 31, 2002 annual
report on Form 10-K of Click2learn, Inc. Our report refers to a change in the method of accounting for goodwill and other intangible assets.

KPMG LLP
Seattle, Washington
March 27, 2003

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