alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### BERRY v. UNITED STATES.

No. 7480.

United States Court of Appeals for the District of Columbia.

Argued April 8, 1940.

Decided May 20, 1940.

James J. Laughlin, of Washington, D. C., for appellant.

Edward M. Curran, U. S. Atty., and Charles B. Murray, Asst. U. S. Atty., both of Washington, D. C., for appellee.

Before GRONER, Chief Justice, and EDGERTON and VINSON, Associate Justices.

EDGERTON, Associate Justice.

Appellant pleaded guilty of assault with intent to rape. He was sentenced on July 14, 1939. On July 24, he filed notice of appeal. The Criminal Appeals Rules provide that "an appeal shall be taken within five (5) days."1 Appellant urges that we may waive, that requirement. We need not determine whether we have that power, for we have here no occasion to exercise it.

Just after the assault, appellant told the prosecuting witness that he would kill her if she complained to her father. For this he was prosecuted and convicted of threats to do bodily harm,2 before he was indicted *184for assault with intent to rape. The only question which he seeks to raise on this appeal is whether the earlier prosecution bars the present one. Clearly it does not. Assault to ■ rape and threatening bodily harm are distinct offenses. Though both may be committed simultaneously, either may be committed without the other. Therefore, even if both these prosecutions were based on the same acts, appellant would not be twice put in jeopardy for the “same offense.” 3 Moreover, the two prosecutions are based on different acts.

Appeal dismissed.

1

 Rule III, 28 U.8.O.A. following sec-hon 723a; 292 U.S. 661, 662, 54 S.Ct. xxvii; also appendcd to Rule 34 of this court.

2

 D.C.Code, Tit. 6, § 44.

3

 Gavieres v. United States, 220 U.S. 338, 31 S.Ct. 421, 55 L.Ed. 489; Sims v. Rives 66 App.D.C. 24. 84 F.2d 871, certiorari denied 298 U.S. 682, 56 S.Ct. 960, 80 L.Ed. 1402.
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0001011449
<NAME> SUBURBAN LODGES OF AMERICA
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                      55,962,296
<SECURITIES>                                         0
<RECEIVABLES>                                  106,283
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            57,449,388
<PP&E>                                      86,751,991
<DEPRECIATION>                             (3,170,446)
<TOTAL-ASSETS>                             141,799,774
<CURRENT-LIABILITIES>                        2,776,497
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       121,776
<OTHER-SE>                                 123,830,247
<TOTAL-LIABILITY-AND-EQUITY>               141,799,774
<SALES>                                      3,922,664
<TOTAL-REVENUES>                             4,692,636
<CGS>                                                0
<TOTAL-COSTS>                                2,734,680
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,247
<INCOME-PRETAX>                              1,956,709
<INCOME-TAX>                                   699,528
<INCOME-CONTINUING>                          1,257,181
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,257,181
<EPS-PRIMARY>                                     $.11
<EPS-DILUTED>                                        0
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
The schedule contains summary financial information extracted from the balance
sheet and statement of income and is qualified in its entirety by reference to
such financial statements.
</LEGEND>
<CIK> 0000872467
<NAME> KRUPP GOVERNMENT INCOME TRUST II

<S>                                     <C>
<PERIOD-TYPE>                           12-MOS
<FISCAL-YEAR-END>                       DEC-31-1999
<PERIOD-END>                            DEC-31-1999
<CASH>                                    8,653,673
<SECURITIES>                            212,170,689<F1>
<RECEIVABLES>                             1,629,549
<ALLOWANCES>                                      0
<INVENTORY>                                       0
<CURRENT-ASSETS>                          8,755,152<F2>
<PP&E>                                            0
<DEPRECIATION>                                    0
<TOTAL-ASSETS>                          231,209,063
<CURRENT-LIABILITIES>                     2,843,001<F3>
<BONDS>                                           0
<PREFERRED-MANDATORY>                             0
<PREFERRED>                                       0
<COMMON>                                228,920,012
<OTHER-SE>                                 (553,950)<F4>
<TOTAL-LIABILITY-AND-EQUITY>            231,209,063
<SALES>                                           0
<TOTAL-REVENUES>                         19,613,182<F5>
<CGS>                                             0
<TOTAL-COSTS>                                     0
<OTHER-EXPENSES>                          4,638,844<F6>
<LOSS-PROVISION>                                  0
<INTEREST-EXPENSE>                                0
<INCOME-PRETAX>                          14,974,338
<INCOME-TAX>                                      0
<INCOME-CONTINUING>                      14,974,338
<DISCONTINUED>                                    0
<EXTRAORDINARY>                                   0
<CHANGES>                                         0
<NET-INCOME>                             14,974,338
<EPS-BASIC>                                       0
<EPS-DILUTED>                                     0
<FN>
<F1> Includes Participating Insured Mortgage Investments ("PIMIs") (insured
     mortgages  of   $131,750,452   and   Additional   Loans  of   $21,298,351),
     Participating Insured Mortgages ("PIMs") of $37,994,412 and Mortgage-backed
     Securities ("MBS") of $21,127,474.

<F2> Includes  prepaid  acquisition fees and expenses of $14,615,262 net of
     accumulated  amortization of $8,093,170 and prepaid participation servicing
     fees of $4,495,719 net of accumulated amortization of $2,262,659.

<F3> Includes deferred income on Additional Loans of $2,692,976.

<F4> Unrealized loss on MBS.

<F5> Represents interest income on investments in mortgages and cash.

<F6> Includes $2,365,254 of amortization of prepaid fees and expenses.


</FN>



</TABLE>
Exhibit 32.1 CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350
AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002, AS AMENDED  In connection with the Annual Report of Guardian Technologies International, Inc. (the "Company") on Form 10-K/A for the year ended December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Michael W. Trudnak, Chief Executive Officer of the Company, do hereby certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, as amended, that, to the best of my knowledge:  (1) The Report fully complies with the reporting 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.   Date: April 9, 2010 Signed: /s/ Michael W. Trudnak Name: Michael W. Trudnak Title: Chairman and Chief Executive Officer
ex4_14.htm


    
      

    

    Exhibit
4.14

     

    RESTATED CERTIFICATE OF TRUST

    OF

    CENTEX
TRUST II

     

    THIS Restated Certificate of Trust of
Centex Trust II (the
"Trust"), dated as of November 5, 2008 (this "Certificate"),  is
being duly executed and filed on behalf of the Trust by the undersigned, as
trustee, to amend and restate the original Certificate of Trust of the Trust
which was filed on November 9, 2000, with the Secretary of State of the State of
Delaware under the Delaware Statutory Trust Act (12 Del.
C. § 3801 et seq.) (the
"Act").

     

    1.           Name.  The
name of the statutory trust continued hereby is Centex Trust II.

     

    2.           Delaware
Trustee.  The name and business address of the trustee of the
Trust in the State of Delaware are BNY Mellon Trust of Delaware, White Clay
Center, Route 273, Newark, DE  19711.

     

    3.           Effective
Date.  This Certificate shall be effective upon
filing.

     

    IN
WITNESS WHEREOF, the undersigned has executed this Certificate in accordance
with Section 3811(a) of the Act.

     

    
      
        
          
            
              
                
                  
                    	 
      	
                            BNY
      Mellon Trust of Delaware, as successor to Chase Bank USA, National
      Association, not in its individual capacity but solely as Delaware
      Trustee

                          
	 
      	 
      
	 
      	 
      
	 
      	
                            By:

                          	
                            /s/
      Kristine K. Gullo

                          
	 	Name: 	Kristine
      K. Gullo
	 	Title:	Vice
      President
EXHIBIT 23.10





WORLDWIDE RESTAURANT CONCEPTS, INC. AND SUBSIDIARIES





CONSENT OF INDEPENDENT PUBLIC
ACCOUNTANTS





To Sizzler   ® International, Inc.





As independent public accountants, we hereby consent to the incorporation of our report
included in this Form 10-K, into the Companys previously filed Registration Statement file Number 333-38412, 333-47659 and 333-476661.





ARTHUR ANDERSEN LLP





Los Angeles, California


July 20, 2001





Supplemental Disclosures Related to the Andersen Consent:





Worldwide Restaurant Concepts, Inc. has attempted but has been unable to obtain a written consent from Andersen for them to be associated with the consolidated financial statement of the Company.





Investors ability to recover any damages from Andersen may be substantially limited due to Andersens limited operations,
current and pending litigation, potentially limited capital resources and liability insurance coverage.
#### EATON et al. v. EATON.

No. 1904.

Court of Civil Appeals of Texas. Eastland.

May 12, 1939.

Rehearing Denied June 9, 1939.

*344R. E. Rodgers, of Hamlin, for appellants.

Herman E. Charles, of Hereford, and J. D. Barker, of Sweetwater, for appellee.

LESLIE, Chief Justice.

P. R. Eaton instituted this suit in trespass to try title against Lee Eaton, A. C. Eaton, L. A. Eaton, Byrl Eaton, and Ruth Yarbrough Eaton to recover title and possession of the West 1⁄2 of Sec. 183, Block 2, H&TC Ry. Co. Survey, Abst. No. 148, Fisher County, Texas.

Ruth Yarbrough Eaton filed a disclaimer and the other defendants entered a plea of not guilty, etc.

A trial was had before the court without a jury and the court rendered judgment in favor of plaintiff. Lee Eaton appeals, filing a supersedeas bond, and A. C. Eaton and L. A. Eaton appeal, filing an appeal bond. No findings of fact or conclusions of law were requested.

At the threshold of a consideration of this appeal, there is presented a vigorous objection by the appellee to our consideration of appellants’ brief, for the reason that it does not contain any assignments of error as required by law and the rules of courts of civil appeals. An inspection of the appellants’ brief discloses that there is not to be found therein an assignment of error. It is well settled that this court has no jurisdiction to determine the existence of errors in the proceedings incident to a judgment appealed from, save and except that such jurisdiction be invoked by the presence in the record of fundamental error, or by assignments of error in the brief. That the incorporation of assignments of error in the brief is indispensable to confer jurisdiction on this court to review alleged errors may be seen by reference to the following authorities where a great many cases are cited: Texas Court Rules (Smoot) Rule 32, p. 232, 230 S.W. vii; Art. 1846, Vernon’s Ann.Civ.St. p. 18S, note 8, same note pocket parts page 79; see, also, Notes 6 and 7 thereunder; 3 Tex. Jar. p. 83S, sec. S88; see same section 1937 Supplement. 3 Texas Digest, p. 1011, sec. 766 and Supplement. Hardwicke v. Trinity Universal Life Ins. Co., Tex.Civ.App., 89 S.W.2d 500; Western Union Life Co. v. Ensminger, Tex.Civ.App., 103 S.W.2d 162; Grand Court, Order of Calanthe of Texas v. Smith, Tex.Civ.App., 50 S.W.2d 492; Johnson v. Huey & Gould, Tex.Civ.App., 52 S.W.2d 278; Texas & Pacific Ry. Co. v. Leach, Tex.Civ.App., 106 S.W.2d 836; Gavin v. Webb, Tex.Civ.App., 99 S.W.2d 372; Scaling v. Bellevue Independent School Dist., Tex.Civ.App., 285 S.W. 678.

We have, however, carefully examined the record for fundamental error and finding none it' is ordered that the judgment of the trial court be affirmed. Haynes v. J. M. Radford Grocery Co., 118 Tex. 277, 14 S.W.2d 811.
### Adams,**l(~j;;:rir{fJSrti**

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### ··· .. :r<"1 

## 1:::rz···\ot:R,\Tjl)'r11r' '..'', -' .il [,_ !n \ l '10 Adams, Kevin (OST) Sent: To:



### Cc:**~;r** t) I**-~** ILliL

Subject:
Hi All, 

## !0 Tuesday, July 10, 2012 1:55 PM 

# 2: 08 Lake Minchumina (AKEmerald@starband.net); Dan Hytry (hytrys@starband.net); Carol Schlentner; Rampart Business (Boyk@mosquitonet.com); Carina Kriska (singletactics@yahoo.com); Alaska DOT, Richard Sewell; 'Info@Doyan.com'; 'Jerrylsaac@TananaChiefs.com'; 'EiaineEvans@HotMail.com'; 'LanceBowie@YukonFiats.net' Devany, Dennis (OST); Adventure@NorthernAiaska.com; Wright Air Service, Bob Bursiel Request for Comments at Lake Minchumina and at Rampart, Alaska

At Lake Minchumina, we received only one proposal, and that was from the incumbent, Wright Air Service. Wright submitted two options- please see the attachment for a description ofWright's proposal. At Rampart, we received only one proposal, and that was from the incumbent, Warbelow's. Warbelow's submitted one option- please see the attachment for a description ofWarbelow's proposal. 

### I am taking these two proposals to the docket, where by next weekthey should be able to be viewed. We ask that you carefully review the proposal pertaining to your community, submitted in response to Order 2012-6-8 requesting proposals, and submit comments to us no laterthan August 7, 2012. The comments ofthe community, especially elected officials, are a critically important element in our carrier-selection decision. We will docket this email, as well as any replies. As always, ifyou have questions, please give me a buzz.

Kevin Adams 202-366-1047

1
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                           54144
<SECURITIES>                                         0
<RECEIVABLES>                                     1105
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 61141
<PP&E>                                           83448
<DEPRECIATION>                                   30509
<TOTAL-ASSETS>                                  300012
<CURRENT-LIABILITIES>                             7469
<BONDS>                                         297365
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            11
<OTHER-SE>                                     (11082)
<TOTAL-LIABILITY-AND-EQUITY>                    300012
<SALES>                                          13628
<TOTAL-REVENUES>                                 13628
<CGS>                                                0
<TOTAL-COSTS>                                    78346<F1>
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               16892
<INCOME-PRETAX>                                (81432)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (81432)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                       (1868)<F2>
<NET-INCOME>                                   (83300)
<EPS-PRIMARY>                                   (7.79)
<EPS-DILUTED>                                   (7.79)
<FN>
<F1>Includes impairment of goodwill charge of $46.4 million
<F2>Due to adoption of SOP 98-5, "Reporting on the Costs of Start-up Activities"
</FN>
        

</TABLE>
EXHIBIT 32.2

CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. SECTION 1350)

I, J. David Boyle II, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report of AVI BioPharma, Inc. on Form
10-K for the fiscal year ended December 31, 2010, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Annual Report on Form 10-K fairly presents, in
all material respects, the financial condition and results of operations of AVI BioPharma, Inc.



|               |  |  |  |                                                  
|-------------- |  |  |  | -------------------------------------------------
|March 14, 2011 |  |  |  | /s/ J. David Boyle II                            
|               |  |  |  | J. David Boyle II,                               
|               |  |  |  | Senior Vice President and Chief Financial Officer
|               |  |  |  | (Principal Financial and Accounting Officer)     

A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to AVI BioPharma, Inc. and will be retained by AVI BioPharma, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.

This certification accompanies this Report on
Form 10-K pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by such Act, be deemed filed by AVI BioPharma, Inc. for purposes of Section 18 of the Securities Exchange Act of 1934, as
amended (the Exchange Act). Such certification will not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that AVI BioPharma, Inc.
specifically incorporates it by reference.
<PAGE>   1



                                                                   EXHIBIT 10.11

                             GUARDIAN TECHNOLOGIES
                                 INTERNATIONAL

                                 April 10, 1997

Mr. Len Adler
Adler Financial Group
11350 Random Hills Road, Suite 720
Fairfax, VA  22030

Dear Mr. Adler:

     Thank you for your offer of March 25 to loan Guardian Technologies
International, Inc. $1,800,000 secured by a first deed of trust on our property
at 22570 Markey Court, Dulles, VA.

     After consultation with Guardian's Board of Directors, one of the
directors offered to extend Guardian a line of credit in the amount of $900,000
under terms and conditions which closely match those outlined in the March 25
offer we received from you.  Therefore, we would appreciate your consideration
of the following modifications to your offer.

     Adler Financial Group wold establish, by modifying existing loan documents
     with Guardian, a Line of Credit facility.  Total additional funds available
     will be $900,000.  Guardian may draw up to $650,000 with current tenants'
     leases in place and up to a maximum of $900,000 when the building is fully
     leased.  Funds will be advanced on an as needed basis subject to a minimum
     draw of $50,000 and no more than two (2) draws per month.  The credit
     facility will bear interest at 15% per annum, interest only payable
     monthly.  The term of this arrangement will be for a period of 2 years from
     the date of the original agreement, or February 7, 1999 when the original
     principal plus any draws on the credit facility will be due and payable.

     Guardian will pay all costs relating to closing.  Guardian agrees to pay a
     minimum of 3 months of interest on the additional borrowings during the
     remainder of the term.

     Guardian's attorney, Odin, Feldman & Pittleman, P.C., will also certify
     that your trust is a valid first trust lien subject only to the usual and
     customary covenants, easements and rights-of-way of record and provide
     evidence of property insurance naming Adler Financial Group as an
     additional named insured.

     Adler Financial Group would hold this offer for a Line of Credit facility
     open for 30 days.  There shall be a review of leases and approval of
     closing documents by the Adler Financial Group, approval of which shall not
     be unreasonably withheld.


<PAGE>   2

     If you are amenable to this alternative proposal, please so indicate by
signature below and I will forward the appropriate documents forthwith.

                                             Sincerely,


                                             /s/ Joseph F. Fernandez
                                             -----------------------------   
                                             Joseph F. Fernandez
                                             Vice President


APPROVED:

/s/ Joan M. Smith
----------------------------
Joan M. Smith
Vice President













                                       2