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

No. 15640.

Court of Criminal Appeals of Texas.

Feb. 15, 1933.

Jno. T. Buckley and G. W. Lindsey, both of Longview, for appellant.

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

LATTIMORE, Judge.

Conviction for attempt at burglary; punishment, two years in the penitentiary.

We find in the record no bill of exception complaining of any procedure upon the trial. Appellant -asked one special charge, which was given. We have examined the statement of facts, which shows without dispute that appellant was seen about 1 o’clock at night working with the lock of a building. As the night watchman approached, appellant fled. The officer, in an effort to stop and apprehend appellant, fired his pistol at him several times, and was himself fired upon by some other party from a nearby point. Investigation showed that the lock of the building was broken. A bolt cutter was found not far from the building shortly after the officer observed appellant working with the lock. A partly cut bolt located near the lock was also described. *132After appellant’s arrest, his shoes were taken from his feet and carried to the scene of his running away, and there fitted into the tracks of the party who fled from the officer. The testimony showed the tracks fit. Appéllant did not testify.

, Finding no error in the record, the judgment will be affirmed.
#### Wendel, Treas., Appellee, *v.*Hughes, Appellant, et al.

(No. 28788

Decided November 12, 1941.)

*Mr. Pawl A. Baden,*prosecuting attorney, for appellee.

*Mr. George 8. Hawke*and *Mr. Benjamin F. Levinson,*for appellant.

It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.

*Appeal dismissed.*

Weygandt, C. J., Turner, Williams, Matthias, Hart, Zimmerman and Bettman, JJ., concur.
<PAGE>

                                                                    EXHIBIT 23.1

            CONSENT OF REGISTERED INDEPENDENT PUBLIC ACCOUNTING FIRM

TO THE BOARD OF DIRECTORS AND STOCKHOLDERS NATIONAL QUALITY CARE, INC.

We consent to the incorporation by reference in these registration statements,
Form S-8 (Nos. 333-03622, 333-06175, 333-14839, 333-21911, 333-25955, 333-32287,
333-34703, 333 45145, 333-46967, 333-49059, and 333-73413), of National Quality
Care, Inc. of our report dated March 25, 2006, relating to the consolidated
balance sheet of National Quality Care, Inc,. as of December 31, 2005 and the
related consolidated statements of operations, stockholders' deficit and cash
flows for the years ended December 31, 2005 and 2004, which report is included
in the December 31, 2005 annual report on Form 10-KSB of National Quality Care,
Inc.


                           /S/ POHL, MCNABOLA, BERG & COMPANY LLP


                           SAN FRANCISCO, CALIFORNIA
                           APRIL 28, 2006
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1038 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1038

 To amend part B of title XVIII of the Social Security Act to provide 
     coverage for the shingles vaccine under the Medicare Program.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 12, 2009

 Ms. Hirono (for herself, Mr. Abercrombie, Ms. Baldwin, Ms. Edwards of 
   Maryland, Mr. Frank of Massachusetts, Mr. Al Green of Texas, Mr. 
 Grijalva, Mr. Hinchey, Mr. McDermott, Ms. Schakowsky, Ms. Slaughter, 
 and Mr. Taylor) introduced the following bill; which was referred to 
the Committee on Energy and Commerce, and in addition to the Committee 
 on Ways and Means, 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 amend part B of title XVIII of the Social Security Act to provide 
     coverage for the shingles vaccine under the Medicare Program.

    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 ``Shingles Prevention Act''.

SEC. 2. COVERAGE OF THE SHINGLES VACCINE UNDER THE MEDICARE PROGRAM.

    (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. 
1395x) is amended--
            (1) in subsection (s)(10)(A), by striking ``pneumococcal 
        vaccine and its administration and,'' and inserting 
        ``pneumococcal vaccine and its administration, shingles vaccine 
        and its administration, and''; and
            (2) in subsection (ww)(2)(A), by inserting ``shingles,'' 
        after ``influenza,''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to shingles vaccine furnished on or after January 1 of the first 
year beginning more than 60 days after the date of the enactment of 
this Act.
                                 <all>
```
<TABLE> <S> <C>

<ARTICLE>      5
<LEGEND>       THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION
               EXTRACTED FROM THE NUTRONICS INTERNATIONAL, INC.
               FINANCIAL STATEMENTS FOR THE PERIOD ENDED SEPTEMBER
               30, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY
               REFERENCE TO SUCH FINANCIAL STATEMENTS.
<MULTIPLIER>   1
       
<S>                           <C>            
<PERIOD-TYPE>                 9-MOS          
<FISCAL-YEAR-END>                 DEC-31-1997
<PERIOD-END>                      SEP-30-1997
<CASH>                                      0
<SECURITIES>                                0
<RECEIVABLES>                               0
<ALLOWANCES>                                0                    
<INVENTORY>                                 0     
<CURRENT-ASSETS>                            0     
<PP&E>                                      0     
<DEPRECIATION>                              0     
<TOTAL-ASSETS>                              0     
<CURRENT-LIABILITIES>                   2,791
<BONDS>                                     0     
<PREFERRED-MANDATORY>                       0     
<PREFERRED>                                 0     
<COMMON>                               87,592     
<OTHER-SE>                           (75,268)     
<TOTAL-LIABILITY-AND-EQUITY>                0     
<SALES>                                     0     
<TOTAL-REVENUES>                            0     
<CGS>                                       0     
<TOTAL-COSTS>                               0     
<OTHER-EXPENSES>                            0     
<LOSS-PROVISION>                            0     
<INTEREST-EXPENSE>                          0     
<INCOME-PRETAX>                             0               
<INCOME-TAX>                                0     
<INCOME-CONTINUING>                         0     
<DISCONTINUED>                              0     
<EXTRAORDINARY>                             0               
<CHANGES>                                   0     
<NET-INCOME>                                0     
<EPS-PRIMARY>                             .00     
<EPS-DILUTED>                             .00
        

</TABLE>
Exhibit 31.2


CERTIFICATIONS





I, Allen Muhich, certify that:





1. I have reviewed this Amendment No. 1 to Annual Report on Form 10-K/A of Radisys Corporation for the fiscal year ended


December 31, 2013; and





2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact


necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report.








RADISYS CORPORATIONDate: April 30, 2014By:/s/ Allen MuhichAllen MuhichChief Financial Officer and Vice President of Finance (Principal Financial and Accounting Officer)
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 11-40758

Summary Calendar

DONALD LE CLAIR,

Plaintiff-Appellant

v.

TEXAS BOARD CRIMINAL JUSTICE,

Defendant-Appellee

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 9:10-CV-177

Before HIGGINBOTHAM, OWEN, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

Donald Le Clair, Texas prisoner # 403292, filed in the district court a

complaint under 42 U.S.C. § 1983, against the Texas Board of Criminal Justice

(TBCJ) alleging that the TBCJ unlawfully seized $300 from his prison trust

account and was holding $525 by freezing his account, in violation of his right

to due process. The district court granted the defendant’s motion to dismiss

under Rule12(b)(1) and (b)(6) of the Federal Rules of Civil Procedure and

United States Court of Appeals

Fifth Circuit

F I L E D

August 3, 2012

Lyle W. Cayce

Clerk

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not *

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

Case: 11-40758 Document: 00511944637 Page: 1 Date Filed: 08/03/2012
No. 11-40758

dismissed Le Clair’s complaint with prejudice, concluding that the TBCJ was a

state agency immune to suit under § 1983. 

Le Clair contends that because the TBCJ’s conduct violated the

Fourteenth Amendment, the TBCJ is not entitled to Eleventh Amendment

immunity, and he argues that the TBCJ is a “person” susceptible to suit under

§ 1983 and is liable for its policies or customs. We review the judgment of

dismissal de novo. Ballew v. Continental Airlines, Inc., 668 F.3d 777, 781 (5th

Cir. 2012); Turner v. Pleasant, 663 F.3d 770, 775 (5th Cir. 2011). 

The Supreme Court has recognized “only two circumstances in which an

individual may sue a State. First, Congress may authorize such a suit in the

exercise of its power to enforce the Fourteenth Amendment . . . . Second, a State

may waive its sovereign immunity by consenting to suit.” College Sav. Bank v.

Florida Prepaid Postsecondary Educ. Expense Bd., 527 U.S. 666, 670 (1999). 

Neither exception applies here. Further, “an entity with Eleventh Amendment

immunity is not a ‘person’ within the meaning of § 1983.” Howlett v. Rose, 496

U.S. 356, 365 (1990). Thus, the district court did not err in dismissing Le Clair’s

suit. The judgment of dismissal is affirmed.

Le Clair has moved for the appointment of counsel on appeal. Because his

case does not present exceptional circumstances, the motion is denied. See

Cooper v. Sheriff, Lubbock Cnty., Tex., 929 F.2d 1078, 1084 (5th Cir. 1991).

AFFIRMED; MOTION DENIED.

2

Case: 11-40758 Document: 00511944637 Page: 2 Date Filed: 08/03/2012
H. R. 1303

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To designate the Federal Building and United States Courthouse located at 402

East State Street in Trenton, New Jersey, as the ‘‘Clarkson S. Fisher Federal

Building and United States Courthouse’’.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. DESIGNATION.

The Federal Building and United States Courthouse located

at 402 East State Street in Trenton, New Jersey, shall be known

and designated as the ‘‘Clarkson S. Fisher Federal Building and

United States Courthouse’’.

SEC. 2. REFERENCES.

Any reference in a law, map, regulation, document, paper,

or other record of the United States to the Federal Building and

United States Courthouse referred to in section 1 shall be deemed

to be a reference to the ‘‘Clarkson S. Fisher Federal Building

and United States Courthouse’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1985 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  1st Session
                                S. 1985

   To repeal the rules issued by the Department of the Treasury, the 
 Department of Labor, and the Department of Health and Human Services 
  entitled ``Religious Exemptions and Accommodations for Coverage of 
Certain Preventive Services Under the Affordable Care Act'' and ``Moral 
   Exemptions and Accommodations for Coverage of Certain Preventive 
               Services Under the Affordable Care Act''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 19, 2017

 Mrs. Murray (for herself, Mr. Casey, Mr. Wyden, Mr. Blumenthal, Mrs. 
   Shaheen, Mrs. Gillibrand, Mr. Leahy, Mr. Kaine, Ms. Stabenow, Mr. 
Booker, Ms. Cantwell, Ms. Klobuchar, Mr. Nelson, Mr. Durbin, Mr. Reed, 
Ms. Hassan, Mr. Whitehouse, Ms. Baldwin, Mr. Sanders, Mr. Heinrich, Ms. 
 Duckworth, Mr. Franken, Mr. Markey, Mr. Bennet, Ms. Cortez Masto, Ms. 
Warren, Ms. Hirono, Mr. Coons, Mr. Van Hollen, Mr. Menendez, Mr. Brown, 
   Mr. Merkley, Mr. Udall, Ms. Harris, Mr. Murphy, Mr. Cardin, Mrs. 
Feinstein, and Mr. King) introduced the following bill; which was read 
 twice and referred to the Committee on Health, Education, Labor, and 
                                Pensions

_______________________________________________________________________

                                 A BILL

 
   To repeal the rules issued by the Department of the Treasury, the 
 Department of Labor, and the Department of Health and Human Services 
  entitled ``Religious Exemptions and Accommodations for Coverage of 
Certain Preventive Services Under the Affordable Care Act'' and ``Moral 
   Exemptions and Accommodations for Coverage of Certain Preventive 
               Services Under the Affordable Care 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 ``Protect Access to Birth Control 
Act''.

SEC. 2. REPEAL.

    The rules issued by the Department of the Treasury, the Department 
of Labor, and the Department of Health and Human Services entitled 
``Religious Exemptions and Accommodations for Coverage of Certain 
Preventive Services Under the Affordable Care Act'' (82 Fed. Reg. 47792 
(October 13, 2017)) and ``Moral Exemptions and Accommodations for 
Coverage of Certain Preventive Services Under the Affordable Care Act'' 
(82 Fed. Reg. 47838 (October 13, 2017)), shall have no force or effect, 
and shall be treated as though such rules had never taken effect.
                                 <all>
```
EXHIBIT 32

D&E Communications, Inc. and Subsidiaries

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 on Form 10-Q for the period ended June 30, 2006 of D&E Communications, Inc. (the Company) as
filed with the Securities and Exchange Commission on the date hereof (the Report), I, James W. Morozzi, Chief Executive 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 results of operations of the Company.



|                     |  |                        
|-------------------- |  | -----------------------
|/s/ James W. Morozzi
|Name:                |  | James W. Morozzi       
|Title:               |  | Chief Executive Officer
|Date:                |  | August 9, 2006         



1



---

D&E Communications, Inc. and Subsidiaries

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 on Form 10-Q
for the period ended June 30, 2006 of D&E Communications, Inc. (the Company) as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Thomas E. Morell, 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 results of operations of the Company.



|                     |  |                        
|-------------------- |  | -----------------------
|/s/ Thomas E. Morell
|Name:                |  | Thomas E. Morell       
|Title:               |  | Chief Financial Officer
|Date:                |  | August 9, 2006         



2
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                          42,171
<SECURITIES>                                         0
<RECEIVABLES>                                  615,817
<ALLOWANCES>                                    16,600
<INVENTORY>                                    860,777
<CURRENT-ASSETS>                             1,545,400
<PP&E>                                       3,796,459
<DEPRECIATION>                                 933,868
<TOTAL-ASSETS>                               5,384,996
<CURRENT-LIABILITIES>                        1,162,419
<BONDS>                                      1,187,492
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                   1,932,658
<TOTAL-LIABILITY-AND-EQUITY>                 5,384,996
<SALES>                                      2,256,466
<TOTAL-REVENUES>                             2,263,681
<CGS>                                        2,048,612
<TOTAL-COSTS>                                2,098,878
<OTHER-EXPENSES>                                   413
<LOSS-PROVISION>                                 3,895
<INTEREST-EXPENSE>                              23,640
<INCOME-PRETAX>                                136,855
<INCOME-TAX>                                    50,636
<INCOME-CONTINUING>                             86,219
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    86,219
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-7662

TIAYON KARDELL EVANS,

Petitioner - Appellant,

versus

UNITED STATES OF AMERICA,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern

District of Virginia, at Norfolk. Raymond A. Jackson, District

Judge. (2:04-cr-00099-RAJ; 2:06-cv-000162-RAJ)

Submitted: March 21, 2007 Decided: April 10, 2007

Before WILKINSON, WILLIAMS, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Tiayon Kardell Evans, Appellant Pro Se. Sherrie Scott Capotosto,

Assistant United States Attorney, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

Tiayon Kardell Evans seeks to appeal the district court’s

order denying relief on his 28 U.S.C. § 2255 (2000) motion. The

order is not appealable unless a circuit justice or judge issues a

certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A

certificate of appealability will not issue absent “a substantial

showing of the denial of a constitutional right.” 28 U.S.C.

§ 2253(c)(2) (2000). A prisoner satisfies this standard by

demonstrating that reasonable jurists would find that any

assessment of the constitutional claims by the district court is

debatable or wrong and that any dispositive procedural ruling by

the district court is likewise debatable. Miller-El v. Cockrell,

537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484

(2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have

independently reviewed the record and conclude that Evans has not

made the requisite showing. Accordingly, we deny a certificate of

appealability and dismiss the appeal. 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.

DISMISSED
Exhibit 10.26.1

AMENDMENT TO THE DISTRIBUTION AGREEMENT

This Amendment to the Distribution Agreement ("AGREEMENT") is entered into as of April 28, 1999 (the "Effective Date") by and between
MedImmune, Inc. a Delaware corporation, having its principal place of business at 35 West Watkins Mill Road, Gaithersburg, MD 20878 ("MEDIMMUNE") and Abbott International, Ltd., a
Delaware corporation, having its principal place of business at 200 Abbott Park Road, Abbott Park, IL 60064.

WITNESSETH

WHEREAS, MEDIMMUNE and Abbott International, Ltd. entered into a Distribution Agreement as of December 1, 1997 (the "DISTRIBUTION AGREEMENT").

WHEREAS,
the parties desire to amend the DISTRIBUTION AGREEMENT.

1.DEFINITIONS



2.AMENDMENT







3.EFFECT



---



IN
WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective representatives hereunto duly authorized as of the day and year first above-written.

|ABBOTT INTERNATIONAL, LTD. |                                                     | MEDIMMUNE, INC.
|-------------------------- | --------------------------------------------------- | ---------------
|By:                        | /s/ROBERT L. PARKINSON, JR.Robert L. Parkinson, Jr. |                
|Name:                      | Robert L. Parkinson, Jr.                            |                
|Title:                     | President & COO                                     |                

JOINDER

The undersigned, Abbott Laboratories, an Illinois corporation, hereby consents to this AGREEMENT and joins in the execution of this AGREEMENT for the purpose of
obligating itself to the obligations and undertakings of Abbott International, Ltd., as set forth in this AGREEMENT.

|ABBOTT LABORATORIES |                                                                                 | 
|------------------- | ------------------------------------------------------------------------------- | 
|By:                 | /s/ROBERT L. PARKINSON, JR.Name: Robert L. Parkinson, Jr.
Title President & COO | 

---

QuickLinks
Exhibit 23.1
   CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
   We consent to the incorporation by reference in the following Registration Statements:
 (1)
Registration Statement (Form S-3 No. 333-165677) of Delcath Systems, Inc., and(2)
Registration Statement (Form S-8 No. 333-166956) pertaining to the 2004 Stock Incentive Plan and the 2009 Stock Incentive Plan of Delcath Systems, Inc.;
  of our reports dated March 8, 2011, with respect to the financial statements of Delcath Systems, Inc. and the effectiveness of internal control over financial reporting of Delcath Systems, Inc. included in this Annual Report (Form 10-K) of Delcath Systems, Inc. for the year ended December 31, 2010.
  /s/ Ernst & Young LLP
  Metro Park, NJ
 March 8, 2011