alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR

. R. 47.5, the court has determined that this opinion should not be

published and is not precedent except under the limit ed circumstances set forth in 5 TH C IR

. R. 47.5.4. UNITED STATES COURT OF APPEALS

FIFTH CIRCUIT

____________

No. 01-60798

(Summary Calendar)

____________

AHMAD A VADIE, DR,

Plaintiff - Appellee,

versus

MISSISSIPPI STATE UNIVERSITY; ET AL,

Defendants,

MISSISSIPPI STATE UNIVERSITY,

Defendant - Appellant.

Appeal from the United States District Court

For the Northern District of Mississippi

USDC No. 1:95-CV-199-D-D

June 25, 2002

Before JONES, SMITH, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM: *

Defendant-Appellant Mi ssissippi State University (MSU) appeals from the district court’s1 In addition to its Eleventh Amendment immunit y defense, MSU also suggested in its motion

to dismiss that the district court should dismiss Vad ie’s ret aliation claim because Vadie failed to

comply with certain procedural p rerequisit es for filing a Title VII suit. Contrary to MSU’s

suggestion, these requirements are not jurisdictional. S olomon v. Hardison , 746 F.2d 699, 701-02

(11 th Cir. 1984); Pinkard v. Pullman-Standard, a Division of Pullman, Inc

., 678 F.2d 1211, 1216-17

(5th Cir. Unit B 1982), cert. denied, 459 U.S. 1105 (1983)

. Because MSU failed to raise this issue

in any of its earlier motions to dismiss, at trial before the district, or in its two prior appeals to this

court, it is waived.

-2- denial of its most recent motion to dismiss Dr. Ahmad A. Vadie’s Title VII retaliation claim against

it based on Eleventh Amendment immunit y. 1 We have already determined in an earlier appeal that

Vadie’s retaliation claim is not barred by the Eleventh Amendment. Vadie v. MSU

, No. 96-60407,

Slip Op. at *3-*4 (5 th Cir. February 17, 1997). Once a panel of this court has decided an issue of law

or fact, the decision continues to govern all subsequent stages of the same case. F ree v. Abott

Laboratories, Inc.

, 164 F .3d 270, 272 (5 t h Cir. 1999). This court will generally refuse to revisit a

prior panel’s de cision unless “(i) the evidence on a subsequent trial was substantially different, (ii)

controlling authority has since made a contrary decision of the law applicable to such issues, or (iii)

the decision was clearly erroneous and would work [sic] manifest injustice.” U nited St ates v.

Becerra

, 155 F.3d 740, 752-53 (5th Cir. 1998) (quoting North Miss. Comms., Inc. v. Jones

, 951 F.2d

652, 656 (5th Cir. 1992)). Because we find none of these circumstances present here, we will not

reconsider MSU’s Eleventh Amendment defense. Consequently, the appeal is dismissed. W illiams

v. City of New Orleans , 763 F.2d 667, 669 (5 th Cir. 1985) (dismissing appeal where review of only

issue raised on appeal was barred by the law of the case doctrine).

APPEAL DISMISSED.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
FURR'S/BISHOP'S, INCORPORATED FINANCIAL STATEMENTS AS OF AND FOR THE PERIOD
ENDED DECEMBER 29, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-29-1998
<PERIOD-START>                             DEC-31-1997
<PERIOD-END>                               DEC-19-1998
<CASH>                                          11,571
<SECURITIES>                                         0
<RECEIVABLES>                                      729
<ALLOWANCES>                                        14
<INVENTORY>                                      7,014
<CURRENT-ASSETS>                                19,741
<PP&E>                                         103,515
<DEPRECIATION>                                  55,195
<TOTAL-ASSETS>                                  68,509
<CURRENT-LIABILITIES>                           28,102
<BONDS>                                         60,712
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           487
<OTHER-SE>                                    (42,099)
<TOTAL-LIABILITY-AND-EQUITY>                    68,509
<SALES>                                        188,208
<TOTAL-REVENUES>                               188,208
<CGS>                                           55,801
<TOTAL-COSTS>                                   55,801
<OTHER-EXPENSES>                               133,386
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 250
<INCOME-PRETAX>                                (1,229)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (1,229)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,229)
<EPS-PRIMARY>                                    (.03)
<EPS-DILUTED>                                    (.03)
        

</TABLE>
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. AP -76,879

EX P ARTE HERMAN JACK SON, JR., Appl icant
ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 912448 IN THE 228T H DISTRICT COURT

F ROM HARRIS COUNTY
Per curiam . O P I N I O N Pursuant to the provisi o n s o f Ar t icle 11.07 of the Texas Code of Criminal Procedur e, the cler k of the trial court transmitted to this Court this application for a writ of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant wa s co n v i cted of murder and sentenc ed to eig hteen year s’ imprisonment. He did not appea l his conviction. Ap p l i ca n t contends that counsel rende red his plea involuntary
. On Fe bruar y 8, 2012, we
rema nded this application for further finding s of fac t a nd conclusions of law. On rema nd, the trial court found that although c ounsel who could have pot entially repr esente d Applicant denied doing so, counsel’s defic ient conduct rende red Applicant’s plea involuntary
. The trial court rec ommended that we g rant relief

. Relief is g rante d. The judgme nt in cause number 912448 in the 228th District2

Court of Har

ris County is set aside, and Applicant is rema nded to the custody of the Sheriff of Har ris County to answe r the char g es as set out in the indictment. The trial court shall issue any nece ssary bench w arr ant within 10 day s after the mandate of this Court issues. Copies of this opinion shall be sent to the Texas Depa rtment of Criminal J ustice-C o r r e ctional Institut ions Division and Pardons and Paroles Division. Deliver ed: September

12, 2012 Do not publish
Exhibit
      32.1




CERTIFICATION
      OF ACTING CHIEF FINANCIAL OFFICER


PURSUANT
      TO 18 U.S.C. SECTION 1350,


AS
      ADOPTED PURSUANT TO


SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002





In
      connection with the Annual Report of USCorp (the “Company”) on Form 10-KSB for
      the period ending September 30, 2006 as filed with the Securities and Exchange
      Commission on the date hereof (the “Report”), I, Robert Dultz, Chief Executive
      Officer and Acting 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, as amended; 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/
                Robert DultzRobert
                DultzChief
                Executive Officer and
              Acting
                Chief Financial Officer




Date:
      January 10, 2008
#### JACKSON v. STATE.

No. 16373.

Court of Criminal Appeals of Texas.

Feb. 7, 1934.

D. E. O’Eiel, of Beaumont, and D. C. Bland, of Orange, for appellant.

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

LATTIMORE, Judge.

Conviction for assault to murder; punishment, four years in the penitentiary.

The facts are in a condition of conflict. The state witnesses testified to a clear case of assault with intent to murder. The witnesses for the defense testified to an equally clear case of self-defense. The solving of conflicts in testimony is a matter confided tOf the jury by statute (Code Cr. Proc. 1925, art. 706), and we are forbidden to override the result of their verdict, unless there be such lack of testimony as to lead us to conclude that the verdict was the result of prejudice, passion, etc. This record presents no such condition.

There is a bill of exceptions complaining that state witness Duke, who was out hunting with the injured party, but was not present at the moment of the shooting, was permitted to say that the condition of the gun had by the injured party had not changed any. This bill is qualified by setting out previous testimony given by Mr. Duke in which he said that the gun "was not in working order at the time of the shooting, that the rim of a shell had pulled off in the body of the gun, and the main part of the shell was hung in the barrel, and that this had occurred some thirty minutes before the shooting. Manifestly there is no error in the testimony complained of.

Another bill of exceptions complains of the testimony of Mr. Duke that, as he and *212the injured party came from the scene of the shooting báck home ini a boat, they passed a boat in which appellant was with others, and that appellant “Hid his head.” This was objected to as prejudicial and not in response to the question. This bill is also qualified by the statement of the trial court, in substance, that immediately after the shooting appellant fled the county and was arrested in another county. The testimony was admissible in connection with the showing of flight

Another bill of exceptions complains of the admission in evidence of a statement by the party who was shot, that he stayed in bed nearly six months as a result thereof. We do not think this matter presents any error.

We find another bill of exceptions complaining of the fact that the injured party was permitted to testify in reference to the gun had by him at the time he was shot, that it was not possible to shoot that gun at the time appellant shot him. In view of the entire testimony in regard to the condition of the gun had by the injured party, which is not controverted in any way, we do not think the question and answer improper. We are not favored with a brief by appellant.

Finding no error in the record, the judgment will be affirmed.
Exhibit 21.1

RADISYS CORPORATION

LIST OF SUBSIDIARIES



|                                               |  |                              
|---------------------------------------------- |  | -----------------------------
|SUBSIDIARY                                     |  | JURISDICTION OF INCORPORATION
|Nihon RadiSys K.K.                             |  | Japan                        
|RadiSys Systems Technology (Shanghai) Co. Ltd. |  | China                        
|RadiSys (Malaysia) Sdn. Bhd.                   |  | Malaysia                     
|RadiSys Canada ULC                             |  | Canada                       
|RadiSys UK Limited                             |  | United Kingdom               
|RadiSys Convedia (Ireland) Limited             |  | Ireland                      
|RadiSys Technology (Ireland) Limited           |  | Ireland                      
|RadiSys Ireland Limited                        |  | Ireland                      
|RadiSys GmbH                                   |  | Germany                      
|RadiSys B.V.                                   |  | Netherlands                  
|RadiSys Israel Ltd.                            |  | Israel
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Exhibit 31.1
**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**
I, Stratton J. Nicolaides, certify that:
1. I have reviewed this amended Annual Report on Form 10-K of Numerex Corp.;
2. Based on my knowledge, this report does not contain any untrue statement ofa material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statements weremade, not misleading with respect to the period covered by this report;
3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respectsthe financial condition, results of operations and cash flows of the registrantas of, and for, the periods presented in this report;
4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the registrant, including itsconsolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is beingprepared;
b) [omitted pursuant to the guidance of Release No. 33-8283 (June 5, 2003)]
c) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures as of the end of theperiod covered by this report based on such evaluation; and
d) Disclosed in this report any change in the registrant’s internal controlover financial reporting that occurred during the registrant’s most recentfiscal quarter (the registrant’s fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financialreporting; and
5. The registrant’s other certifying officer and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board ofdirectors (or persons performing the equivalent functions):
a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonablylikely to adversely affect the registrant’s ability to record, process,summarize and report financial information; and
b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal controlover financial reporting.
Date: November 12, 2004    */s/*Stratton J. Nicolaides   Stratton J. Nicolaides Chief Executive Officer and Chairman
Exhibit 23.1

CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the Registration Statements on Form S-3 (No. 333-76844) and
Form S-8 (No. 333-90402, 333-74838, 333-60408, 333-59272, 333-88835, 333-79241, 333-28481,
333-28527, 033-99540, 033-50678, 033-46165) of MedImmune, Inc. of our reports dated January 27, 2003 relating to the consolidated
financial statements and financial statement schedule, which appear in this Form 10-K.

/s/ PricewaterhouseCoopers LLP
February 28, 2003
McLean, Virginia

---

QuickLinks
EXHIBIT 31.4

CERTIFICATION PURSUANT TO RULE 13a-14(a) OR RULE 15d-14(a)

I, C. Patrick Machado, certify that:

1. I
have reviewed this Amendment No. 1 to the quarterly report on Form 10-Q/A of Medivation, Inc.; 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.

Date: August 20, 2010



|                       |  |                                                   
|---------------------- |  | --------------------------------------------------
|/s/ C. Patrick Machado
|Name:                  |  | C. Patrick Machado                                
|Title:                 |  | Chief Business Officer and Chief Financial Officer
EXHIBIT

                              Intellectual Property

The  tradenames   "BeautyBuys"   and  "NetCigar",   for  which  U.S.   trademark
applications have been filed.

THE COMPANY OR ITS SUBSIDIARIES ARE LICENSED TO USE THE FOLLOWING TRADEMARKS:

Suarez Gran Reserve       Breton Legend          Breton Corojo Vintage
Corojo 2000               Andulleros             Alimerante
Don Otilio

THE COMPANY OR ITS SUBSIDIARIES OWN THE ADDITIONAL DOMAIN NAMES:

REGISTERED TO SYNERGY BRANDS INC.:

KRANTOR.COM                GRANDRESERVE.COM          GRANRESERVE.COM
SYBR.COM                   CANDLEBUYS.COM**          ADD2CART.COM
SYNERGYBRANDS.COM          SALONBUYS.COM**           SALEBYNET.COM
BEAUTYBONUS.COM**          CIGARREPUBLIC.COM         DEALBYNET.COM
SALONCOUNTER.COM**         DEALBUYNET.COM            SALONBUY.COM**
FRAGANCESALON.COM**        ADDTWOCART.COM            BEAUTYBUYS.COM**
GLOBALSALON.COM**          NETCIGARBUY.COM           BEAUTYBUY.COM**
HEALTHFOODBUYS.COM**       NETCIGARBUYS.COM          GRCIGARS.COM
FRAGRANCESALON.COM**       BESTCIGARBUY.COM          CIGARBUY.COM
FRAGRANCEBUY.COM**         CIGAREPUBLIC.COM          CIGARMEDIA.COM
COSMETICBUYS.COM**         BESTCIGARSBUY.COM         MEATBUYS.COM
COSMETICBUY.COM**          NETCIGARSBUYS.COM         FISHBUY.COM
FRAGRANCEBUYS.COM**        NETCIGARSBUY.COM          MEALBUYS.COM
VITAMINBUYS.COM**          BESTCIGARBUYS.COM         FISHBUYS.COM
BESTCIGARSBUYS.COM         SEAFOODBUYS.COM           SYBRBUYS.COM
LIQUORBUYS.COM

REGISTERED TO NETCIGAR.COM, INC.:

COROJODEVEGA.COM           NETCIGAR.COM              COROHO.COM
COROJO2000.COM

REGISTERED TO BEAUTYBUYS.COM, INC.:

BEAUTYBUYSB2B.COM**        BEAUTYBUYSBTOOB.COM**
BEAUTYBUYSBTOB.COM**       BEAUTYBUYSWHOLESALE.COM**
BEAUTYBUYSBTWOB.COM**      WHOLESALEBEAUTYBUYS.COM**

** Denotes  ownership by BeautyBuys  regardless of which entity  registered  the
domain name.


     The Company  also is studying the  advantages  and  marketing  potential of
establishing  private  label sales in the health and beauty  aids and  cosmetics
business  areas to take  advantage  of certain  inroads  to these type  consumer
products the Company has  historically  located and developed.  The Company also
has  entered  multiple  licensing  and  production   agreements   regarding  the
establishment of internet sites for sale of the Company's products.  The Company
has trademarked its websites on the internet.

                                     EX-99
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1858 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  1st Session
                                S. 1858

  To amend the Truth in Lending Act to empower the States to set the 
     maximum annual percentage rates applicable to consumer credit 
                 transactions, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 26, 2017

Mr. Whitehouse (for himself, Ms. Warren, Mr. Reed, Mr. Merkley, and Mr. 
   Sanders) introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
  To amend the Truth in Lending Act to empower the States to set the 
     maximum annual percentage rates applicable to consumer credit 
                 transactions, and for other purposes.

    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 ``Empowering States' Rights To Protect 
Consumers Act of 2017''.

SEC. 2. LIMITS ON ANNUAL PERCENTAGE RATES.

    Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is 
amended by adding at the end the following:

``SEC. 140B. LIMITS ON ANNUAL PERCENTAGE RATES.

    ``Notwithstanding any other provision of law, the annual percentage 
rate applicable to any consumer credit transaction (other than a 
residential mortgage transaction), including any fees associated with 
such a transaction, may not exceed the maximum rate permitted by the 
laws of the State in which the consumer resides.''.
                                 <all>
```