alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### KEDING v. STATE.

No. 21154.

Court of Criminal Appeals of Texas.

Nov. 20, 1940.

P. Z. Sullivan, of Bellville, for appellant.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

CHRISTIAN, Judge.

The offense is driving an automobile on a public highway while intoxicated; the punishment, confinement in the penitentiary for two years.

The transcript carries a caption which fails to show the date of adjournment of the trial court. Under the decisions of this court, the appeal must be dismissed. Holder v. State, 113 Tex.Cr.R. 81, 18 S.W.2d 661, and authorities cited.

In the recognizance it is stated that appellant has been convicted of the offense of *driving an automobile while intoxicated.*(Italics ours.) In Herring v. State, 117 Tex.Cr.R. 211, 35 S.W.2d 737, we said: “The recognizance is fatally defective. It is recited therein that' appellant stands charged with driving an automobile while intoxicated, and that he has been convicted of the offense of driving an automobile while intoxicated. We have no statute forbidding one, in terms, from operating a motor vehicle while intoxicated. In order to come within the prohibition of the statute, the accused must drive or operate such motor vehicle upon a street or alley or other place within the limits of an incorporated city, town, or village, or upon a public road or highway within the state. Article 802, P.C.; Nicholson v. State, 110 Tex.Cr.R. 112, 7 S.W.2d 1075; McFadden v. State, 108 Tex.Cr.R. 166, 300 S.W. 54.”

See, also, McMullen v. State, 131 Tex.Cr.R. 450, 99 S.W.2d 921.

The recognizance being insufficient, this court is without jurisdiction.

The appeal is dismissed.

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.
#### WORDEN v. STATE.

No. 21211.

Court of Criminal Appeals of Texas.

Oct. 23, 1940.

J. Elwood Winters, of Fort Worth, for appellant.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

CHRISTIAN, Judge.

The offense is theft of cattle; the punishment, confinement in the penitentiary for three years.

Four indictments appear in .the record charging appellant with separate transactions involving theft of cattle. Appellant was convicted in each of the cases, and four judgments of conviction appear in the transcript. In his motion for new trial appellant attempted to consolidate the four cases. In overruling the motion the court made four docket entries indicating that the motion was overruled in each case and notice of appeal given. Thereafter appellant was sentenced in each case, four sentences appearing in the transcript. If appellant appealed in each of the cases mentioned the clerk should have prepared a transcript in each case. Notice of appeal entered in the cases appears to be mere docket entries, there being nothing to indicate that such notice of appeal was carried into the minutes of the court, as required by Article 827, Code Cr.Proc. Under the circumstances, this court is without jurisdiction.

The appeal is dismissed.

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.
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<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<CIK>   0000943322
<NAME>  TRUMP HOTELS & CASINO RESORTS HOLDINGS, L.P.
<MULTIPLIER>  1,000

<S>                               <C>
<PERIOD-TYPE>                     6-MOS
<FISCAL-YEAR-END>                       DEC-31-2000
<PERIOD-START>                          JAN-01-2000
<PERIOD-END>                            JUN-30-2000
<CASH>                                      106,700
<SECURITIES>                                      0
<RECEIVABLES>                                60,520
<ALLOWANCES>                                 13,241
<INVENTORY>                                  13,078
<CURRENT-ASSETS>                            180,648
<PP&E>                                    2,306,489
<DEPRECIATION>                              465,555
<TOTAL-ASSETS>                            2,231,894
<CURRENT-LIABILITIES>                       208,176
<BONDS>                                   1,740,433
<PREFERRED-MANDATORY>                             0
<PREFERRED>                                       0
<COMMON>                                          0
<OTHER-SE>                                  167,213
<TOTAL-LIABILITY-AND-EQUITY>              2,231,894
<SALES>                                     656,238
<TOTAL-REVENUES>                            727,947
<CGS>                                             0
<TOTAL-COSTS>                               414,148<F1>
<OTHER-EXPENSES>                            179,009<F2>
<LOSS-PROVISION>                              2,947
<INTEREST-EXPENSE>                          111,019
<INCOME-PRETAX>                            (46,720)
<INCOME-TAX>                                      0
<INCOME-CONTINUING>                        (46,720)
<DISCONTINUED>                                    0
<EXTRAORDINARY>                              13,067
<CHANGES>                                         0
<NET-INCOME>                               (33,653)
<EPS-BASIC>                                       0
<EPS-DILUTED>                                     0
<FN>
<F1>Includes gaming, lodging, food & beverage and other
<F2>Includes general & administration, depreciation & amortization, and Trump
World's Fair closing costs.
</FN>




</TABLE>
# Official Journal L 308/25 N

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 308 |
| | |
| English edition | Legislation | Volume 4825 November 2005 |

ISSN 1725-2555

Official Journal

of the European Union

L 308

English edition

Legislation

Volume 4825 November 2005

---

| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | * | Commission Regulation (EC) No 1898/2005 of 9 November 2005 laying down detailed rules for implementing Council Regulation (EC) No 1255/1999 as regards measures for the disposal of cream, butter and concentrated butter on the Community market | 1 |

Contents

I   Acts whose publication is obligatory

page

*

Commission Regulation (EC) No 1898/2005 of 9 November 2005 laying down detailed rules for implementing Council Regulation (EC) No 1255/1999 as regards measures for the disposal of cream, butter and concentrated butter on the Community market

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
Exhibit
99.2   CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TOSECTION
906 OF THE SARBANES-OXLEY ACT OF 2002   In connection with the Annual Report, as amended, of
Cygnus, Inc. (the Company) on Form 10-K/A for the period ending December 31,
2002 as filed with the Securities and Exchange Commission on the date hereof
(the Report), I, Craig W. Carlson, Chief Financial 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) 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.  A signed original of this written statement required
by Section 906 has been provided to Cygnus, Inc. and will be retained by
Cygnus, Inc. and furnished to the Securities and Exchange Commission or its
staff upon request.   /s/ Craig W. Carlson  Craig W. Carlson Chief Financial Officer May 22, 2003
MEMORANDUM

SUBJECT: Consultation on Advance Notice of Proposed Rulemaking,

“Managing Emission f rom Oil and Natural Gas Production in Indian Country ”

FROM: Mar y Kissell

Community and Tribal Programs Group / Outreach and Information Division / Office of Air Quality Planning and Standards United States Environmental Protection Agency

TO: Docket ID Number EPA

- HQ

- OAR

- 201 1

- 0151

On July 18, 2014, t ribal leaders and other tribal representatives for the Ute Indian Tribe; the MHA Nation (Three Affiliated Tribes); the Crow Nation; and the Blackfeet Tribe met with senior United States E nvironmental P rotection
A gency (EPA) staff to discuss three rulemakings

. 1 This memorandum documents the discussion for t he subject rulemaking , “Managing Emission from Oil and Natural Gas Production in Indian Country .” The meeting was held at EPA Region 8, in Denver, C olorado. Attached are : the participant sign

- in sheet ; the agenda ; the May 28, 2014 letter inviting the 566 f ederally recognized tribes to consult on the subject rulemaking ; and the notice of government

- to

- government consultation sent to Region 8 tribes notifying them of the July 18, 2014, consultation at the EPA Region 8 office

.
Tribal leaders expressed concern about the impact of federal regulation of oil and natural gas production on tribal economies

. They stressed the importance of eliminating or minimizing delays in the air permitting process and of creating a level playing field where contr ol levels and permitting processes are the same for Indian and non

- Indian lands. T ribal leaders also urged EPA to help tribes them develop environmental programs that will enable them so they can to manage t ribal the ir own natural resources

1 Advance Notice of Proposed Rulemaking for “Managing Emission f rom Oil and Natural Gas Production in Indian Country ,” published June 5, 2014 (79 FR 32502 ); proposed rule for “ Petroleum Refinery Sector Risk and T echnology R e v i ew and New Sources Perfo r mance Standards,” published on June 30, 2014 (79 FR 36879 ); and, proposed rule for “Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Generating Units (EGUs),” published June 18, 2014 (79 FR 34829 ).without interference from the federal government

.

List of Attachm e nts 1. Agenda 2. Meeting p articipant sign

- in sheet (includes tribal and EPA participants) 3. Consultation letter, dated May 28, 2014
4. Notice of government

- to government consultation for July 18, 2014 meeting that was sent to EPA Region 8 federally

- recognized tribes.
exv10w1



 






EXHIBIT 10.1




AMENDMENT NO. 3 TO TEKELEC

2004 EQUITY INCENTIVE PLAN FOR NEW EMPLOYEES




     Section 3 of the Tekelec 2004 Equity Incentive Plan for New Employees is hereby amended,
effective May 2, 2005, to read in its entirety as follows:



          “3. Shares Reserved.





     The maximum aggregate number of Shares reserved for issuance
pursuant to the Plan shall be 5,000,000 Shares or the number of shares of stock to which such Shares shall be adjusted as provided
in Section 11 of the Plan. Such number of Shares may be set aside
out of authorized but unissued Shares not reserved for any other
purpose, or out of issued Shares acquired for and held in the
treasury of the Company from time to time.




     Shares subject to, but not sold or issued under, any Award
terminating, expiring, forfeited or canceled for any reason prior to
the issuance of such Shares shall again become available for Awards
thereafter granted under the Plan and the same shall not be deemed
an increase in the number of Shares reserved for issuance under the
Plan.”



* * *
UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF TEXAS 

LUBBOCK DIVISION 

STATE OF TEXAS, et al.,

Plaintiffs,

v. No. 5:22-CV-185-H

XAVIER BECERRA, Secretary of Health 

and Human Services, et al.,

Defendants.

ORDER REQUIRING JURISDICTIONAL BRIEFING

Before the Court are the Defendants’ Motion for Clarification (Dkt. No. 86), the 

Plaintiffs’ Response (Dkt. No. 91), and the Defendants’ Reply (Dkt. No. 92). During the 

Court’s consideration of the motion, the defendants filed a Notice of Appeal (Dkt. No. 94) 

to challenge the Court’s Memorandum Opinion and Order granting a preliminary 

injunction (Dkt. No. 73).

Ordinarily, “[t]he filing of a notice of appeal is an event of jurisdictional 

significance—it confers jurisdiction on the court of appeals and divests the district court of 

its control over those aspects of the case involved in the appeal.” Griggs v. Provident 

Consumer Disc. Co., 459 U.S. 56, 58 (1982); see also Coastal Corp. v. Tex. E. Corp., 869 F.2d 

817, 820 (5th Cir. 1989) (holding that “the powers of the district court over an injunction 

pending appeal” are limited to “maintaining the status quo”); Providence Title Co. v. Truly 

Title, Inc., No. 4:21-CV-147-SDJ, 2021 WL 5003273, at *5 (E.D. Tex. Oct. 28, 2021) 

(Jordan, J.) (concluding that the court lacked jurisdiction to vacate or modify a preliminary 

injunction pending appeal). 

At the same time, Federal Rule of Appellate Procedure 4 prevents a notice of appeal 

from taking effect until certain post-judgment motions are resolved by the district court. 

Case 5:22-cv-00185-H Document 95 Filed 10/28/22 Page 1 of 2 PageID 1168
– 2 –

Fed. R. App. P. 4(a)(4)(B)(i); see also Fed. R. Civ. P. 54(a) (defining “judgment” to include

“any order from which an appeal lies”); Birdsong v. Wrotenbery, 901 F.2d 1270, 1272 (5th 

Cir. 1990) (treating a motion to clarify an injunction as a Rule 59(e) motion); Coventry Cap. 

US LLC v. EEA Life Settlements, Inc., 357 F. Supp. 3d 294 (S.D.N.Y. 2019).

The parties are ordered to brief whether the Court has jurisdiction to resolve the 

motion. The parties’ briefs shall be submitted simultaneously at 3:00 PM on November 10, 

2022.

So ordered on October 28, 2022.

_____________________________________

JAMES WESLEY HENDRIX

UNITED STATES DISTRICT JUDGE

Case 5:22-cv-00185-H Document 95 Filed 10/28/22 Page 2 of 2 PageID 1169
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS FOR THE THREE MONTH PERIOD ENDED SEPTEMBER 30,1997.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-START>                             JUL-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                          27,322
<SECURITIES>                                         0
<RECEIVABLES>                                   33,256
<ALLOWANCES>                                     3,840
<INVENTORY>                                     14,558
<CURRENT-ASSETS>                                76,461
<PP&E>                                          25,357
<DEPRECIATION>                                  12,037
<TOTAL-ASSETS>                                 120,001
<CURRENT-LIABILITIES>                           65,125
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        93,283
<OTHER-SE>                                    (39,467)
<TOTAL-LIABILITY-AND-EQUITY>                   120,001
<SALES>                                         38,405
<TOTAL-REVENUES>                                38,405
<CGS>                                           17,280
<TOTAL-COSTS>                                   17,280
<OTHER-EXPENSES>                                19,819
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  16
<INCOME-PRETAX>                                  1,683
<INCOME-TAX>                                     2,775
<INCOME-CONTINUING>                            (1,092)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,092)
<EPS-PRIMARY>                                   (0.04)
<EPS-DILUTED>                                   (0.04)
        

</TABLE>
)

DEPARTMENT OF ENVIRONMENTAL QUALITY

. "

---gNEOFMON~NA---------

MARC RACICOT, GOVERNOR

(406) 444·6697

fax (406).444-6836

November 5, 1999

Dale Bosworth, Regional Forester

Northern Region ;

USDA Forest Service

Federal Bldg

P.O. Box 7669

Missoula, MT 59807

Mr. Bosworth:

I· _.~

LEE METCALF BUILDING

1520 EAST SIXTH AVENUE

PO BOX 200901

HELENA, MONTANA 59620-0901

This letter, in accordance with Federal Regional Haze Regulations (40 CFR Part 51, specifically §

51.308), formally identifies that Deborah Skibicki, Air Quality Specialist and Area Source State

Implementation Plan (SIP) Coordinator with the Montana Department of Environmental Quality, will be

the contact person for Federal Land Managers of Montana's mandatory Class I Federal areas with respect

to regional haze issues. These issues may include but are not limited to: identification of visibility

impairment in any mandatory Class I Federal areas and identification of elements for inclusion in the

visibility monitoring strategy. Montana's mandatory Class I Federal areas under the jurisdiction ofthe

U.S. Department ofAgriculture are listed in the attachment.

The State ofMontana welcomes input from the Federal Land Managers regarding regional haze issues,

and looks forward to their comments. Deborah Skibicki, the designated contact, can be reached at (406)

444-7916 (phone), (406) 444-6836 (fax), at the above address, or by email at dskibicki@state.mt.us.

Mark Simonich, Director

Department of Environmental Quality

Attachment

cc: Mike Dombeck, Chief- USDA, Forest Service

\lDE() _MET_I'RIISHRIUNITSHARIRI'PISkibickilldentifycontactdoa.doc

'AN EQUAL OPPORTUNITY EMPLOYER'
Attachment

Montana's mandatory Class I Federal areas

under the jurisdiction ofthe U.S. Department of Agriculture

Anaconda Pintler Wilderness Area

Bob Marshall Wilderness Area

Cabinet Mountains Wilderness Area

Gates ofthe Mountains Wilderness Area

Mission Mountains Wilderness Area

Scapegoat Wilderness Area

Selway-Bitterroot Wilderness Area

.,

IIDEQ_MET_PRIISllIlIUN ITSIlARIRPPISk ibick illdentifyconlwdoa. doc

1 _
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<CIK> 0000943320
<NAME> TRUMP HOTELS & CASINO RESORTS, INC.
<MULTIPLIER>  1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                         179,611
<SECURITIES>                                         0
<RECEIVABLES>                                   82,906
<ALLOWANCES>                                    22,747
<INVENTORY>                                     12,848
<CURRENT-ASSETS>                               289,790
<PP&E>                                       2,278,181
<DEPRECIATION>                                 412,945
<TOTAL-ASSETS>                               2,366,303
<CURRENT-LIABILITIES>                          239,142
<BONDS>                                      1,752,632
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           242
<OTHER-SE>                                     187,377
<TOTAL-LIABILITY-AND-EQUITY>                 2,366,303
<SALES>                                      1,080,234
<TOTAL-REVENUES>                             1,205,756
<CGS>                                                0
<TOTAL-COSTS>                                  664,590<F1>
<OTHER-EXPENSES>                               400,954<F2>
<LOSS-PROVISION>                                10,581
<INTEREST-EXPENSE>                             166,781
<INCOME-PRETAX>                               (95,724)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (95,724)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                      (3,565)
<NET-INCOME>                                  (99,289)
<EPS-BASIC>                                     (4.47)
<EPS-DILUTED>                                   (4.47)
<FN>
<F1>Includes gaming, lodging, food & beverage and other
<F2>Includes general & administrative, depreciation & amortization, and Trump
    World's Fair closing costs.
</FN>


</TABLE>
Exhibit 32.2

US ONCOLOGY HOLDINGS, INC. AND US ONCOLOGY, INC.

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 US Oncology Holdings, Inc. and US Oncology, Inc. (the Company) on Form 10-Q for the period ended September 30, 2007 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Richard P. McCook, 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 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.



|                                                                                                        
|--------------------------------------------------------------------------------------------------------
|                                                                                                        
|                                                                                                        
|/s/ Richard P. McCook                                                                                   
|Richard P. McCook                                                                                       
|Executive Vice President and Chief
Financial Officer of US Oncology Holdings, Inc. and US Oncology, Inc.

November 9, 2007
II 

111TH CONGRESS 

1ST SESSION H. R. 1127 

IN THE SENATE OF THE UNITED STATES 

MARCH 5, 2009 

Received 

AN ACT 

To extend certain immigration programs. 

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


jlentini on PROD1PC65 with BILLS
2 

HR 1127 RDS 

1 SECTION 1. SPECIAL IMMIGRANT NONMINISTER RELI2 GIOUS WORKER PROGRAM. 

3 Subclauses (II) and (III) of section 101(a)(27)(C)(ii) 

4 of the Immigration and Nationality Act (8 U.S.C. 

5 1101(a)(27)(C)(ii)) are amended by striking ‘‘March 6, 

6 2009,’’ each place such term appears and inserting ‘‘Sep7 tember 30, 2009,’’. 

8 SEC. 2. WAIVER OF FOREIGN COUNTRY RESIDENCE RE9 QUIREMENT WITH RESPECT TO INTER10 NATIONAL MEDICAL GRADUATES. 

11 Section 220(c) of the Immigration and Nationality 

12 Technical Corrections Act of 1994 (8 U.S.C. 1182 note) 

13 is amended by striking ‘‘March 6, 2009’’ and inserting 

14 ‘‘September 30, 2009’’. 

Passed the House of Representatives March 4, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


jlentini on PROD1PC65 with BILLS