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

No. 14973.

Court of Criminal Appeals of Texas.

March 2, 1932.

See, also, 42 S.W.(2d) 606.

Stone, Strickland & Caves, of Henderson, for appellant.

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

LATTIMORE, J.

Conviction for possessing intoxicating liquor for purposes of sale; punishment, one year in the penitentiary.

In the order overruling appellant’s motion for new trial the court fixes the time for filing statement of facts, but makes no mention of any grant of time for the filing of bills of exception. In the absence of a court order directing otherwise, our statute fixes the limit of time for filing bills of exception at thirty days after the adjournment of the trial term. The trial term of the court below ended August 28, 1931. The bills of exception were filed November 4, 1931. Same were filed too late for our consideration.

True, the trial court on October 19th made an order extending the time for filing bills of exception. He was without power to make such order. The 30-day period allowed by statute for the filing of bills of exception expired on September 27th. Code Cr. Proc. 1925, art. 760, subd. 5. After the expiration of that period under facts such as here appear the court had no power to make an extending order.

There appears in the record what purports to be objections to the court’s charge, but neither by any notation on same, nor by any separate bill of exception, are we informed when said objections were presented, or that same were ever approved as presented to the trial court. The testimony seems amply sufficient to support the verdict and judgment.

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

MORROW, P. J., absent.
<div style="background-color: transparent; color: rgb(0, 0, 0); font-family: "Times New Roman",Times,serif; font-size: 13px; font-style: normal; font-variant: normal; font-weight: 400; letter-spacing: normal; margin-left: 516px;
      orphans: 2; text-align: left; text-decoration: none; text-indent: 0px; text-transform: none; -webkit-text-stroke-width: 0px; white-space: normal; word-spacing: 0px;">Exhibit 23.1

 

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

 

We consent to the incorporation by reference in Registration Statement (No. 333-203055) on Form S-8 of
      ADDvantage Technologies Group, Inc. of our report dated December 28, 2018, relating to our audit of the consolidated financial statements, which appear in this Annual Report on Form 10-K of ADDvantage Technologies Group, Inc. for the year ended
      September 30, 2018.
       

 

 

/s/ HoganTaylor LLP

 

Tulsa, Oklahoma

December 28, 2018
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  EXHIBIT 10.2    
    


 
 

  Transfer Agreement    
    


        This Transfer Agreement ("Transfer Agreement") is made November 7, 2008, by and between Capmark Financial Group Inc.
("Capmark") and D. Steven Lin ("Transferor"). All capitalized terms used herein but not defined will have the meanings set forth in Capmark's October 30, 2008 letter to Transferor. 


        Capmark
and the Transferor agree as follows: 


        1.     For
value received, Transferor hereby sells, assigns and transfers unto Capmark Six Hundred Sixty Thousand (660,000) shares of Common Stock, par value $0.001 per share,
of Capmark, registered in the name of Transferor on the books of said corporation, and does hereby irrevocably constitute and
appoint                                    its Attorney to transfer
said shares on the books
of Capmark with full power of substitution in the premises. Transferor hereby surrenders to Capmark for automatic cancellation all outstanding exercisable stock options granted to Transferor under the
Agreements; following such surrender and automatic cancellation by Capmark, Transferor shall have no rights whatsoever with respect to such options. 


        2.     In
exchange for the Stock Purchase Price, Transferor hereby releases and forever discharges Capmark and its affiliates and subsidiaries (collectively, the "Capmark
Group"), any and all of their employee benefit plans, fringe benefit plans or programs, and any and all of their respective present and past officers, directors, shareholders, employees, agents and
representatives, and the successors and assigns of each from any and all manner of claims, suits, demands, actions, causes of action, administrative claims, liability, claims for damages, class action
claims or other claims made on Transferor's behalf whatsoever that Transferor, Transferor's heirs, representatives, agents, successors, guardians, trusts, trustees or assigns ever had, have now or may
have arising from or relating to the Common Stock and Options issued to Transferor (the "Securities"), the sale and transfer of the Securities hereunder, and any provisions of the Agreements, in each
case whether known, suspected or unknown, and however originating or existing, from the beginning of time to the date set forth above. 


        IN
WITNESS WHEREOF, the parties have duly executed this Transfer Agreement effective as of the date set forth above. 



					
	

 	
 	
 By:	
 	
/s/ D. STEVEN LIN






  D. Steven Lin








					
	 	 	 CAPMARK FINANCIAL GROUP INC.
	

 	
 	
 By:	
 	
/s/ BENJAMIN MITTMAN







 
	 	 	Name:	 	Benjamin Mittman
	 	 	Title:	 	 Vice President














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EXHIBIT 10.2


Transfer Agreement
[Federal Register Volume 65, Number 238 (Monday, December 11, 2000)]
[Notices]
[Pages 77361-77362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31412]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP01-133-000]


Williams Gas Pipelines Central, Inc.; Notice of Proposed Changes 
in FERC Gas Tariff

December 5, 2000.
    Take notice that on November 30, 2000, Williams Gas Pipelines 
Central, Inc. (Williams) tendered for filing as part of its FERC Gas 
Tariff, Original Volume No. 1, the following tariff sheet to become 
effective January 1, 2001:

Seventeenth Revised Sheet No. 6A

    Williams states that pursuant to Order Approving Settlement, issued 
April 29, 1998, in Docket No. RP97-149-003, et al. and Williams FERC 
Gas Tariff, Original Volume No. 1, Article 25, Williams is filing to 
reflect the new GRI surcharges to be collected on nondiscounted 
transportation services.
    Williams states that copies of this filing have been served on all 
of Williams' jurisdictional customers and interested state commissions.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or a protest with Federal 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 in accordance 
with section 154.210 of the Commission's Regulations. Protests will 
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

[[Page 77362]]

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). 
Comments and protests may be filed electronically via the internet in 
lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on 
the Commission's web site at http://www.ferc.fed.us/efi/doorbell.htm.

David P. Boergers,
Secretary.
[FR Doc. 00-31412 Filed 12-8-00; 8:45 am]
BILLING CODE 6717-01-M
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5

<S>                             <C>                     <C>
<PERIOD-TYPE>                   12-MOS                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997             DEC-31-1996
<PERIOD-START>                             JAN-01-1997             JAN-01-1996
<PERIOD-END>                               DEC-31-1997             DEC-31-1996
<CASH>                                           7,275                   3,139
<SECURITIES>                                         0                       0
<RECEIVABLES>                                  119,253                  12,834
<ALLOWANCES>                                        28                       0
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                                     0                       0
<PP&E>                                           1,425                     347
<DEPRECIATION>                                     274                      38
<TOTAL-ASSETS>                                 129,119                  17,904
<CURRENT-LIABILITIES>                                0                       0
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                           509                     509
<OTHER-SE>                                       7,330                   5,096
<TOTAL-LIABILITY-AND-EQUITY>                   129,119                  17,904
<SALES>                                         10,153                     962
<TOTAL-REVENUES>                                16,855                   1,414
<CGS>                                                0                       0
<TOTAL-COSTS>                                   15,410                   2,210
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                    28                       0
<INTEREST-EXPENSE>                               2,591                     104
<INCOME-PRETAX>                                  1,130                   (796)
<INCOME-TAX>                                         9                       0
<INCOME-CONTINUING>                              1,121                   (796)
<DISCONTINUED>                                   1,113                   2,344
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                     2,234                   1,548
<EPS-PRIMARY>                                     0.44                    0.30
<EPS-DILUTED>                                     0.44                    0.30


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


<ARTICLE>                     5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
UNAUDITED   CONDENSED   CONSOLIDATED   FINANCIAL   STATEMENTS  INCLUDED  IN  THE
REGISTRANT'S  FORM 10-Q FOR THE PERIOD  ENDED JUNE 30, 2000 AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FORM 10-Q.
</LEGEND>
<CIK>                         0001012270
<NAME>                        CollaGenex Pharmaceuticals, Inc.
<MULTIPLIER>                                   1,000
<CURRENCY>                                     U.S. Dollars

<S>                             <C>
<PERIOD-TYPE>                                  6-Mos
<FISCAL-YEAR-END>                              Dec-31-2000
<PERIOD-START>                                 Jan-01-2000
<PERIOD-END>                                   Jun-30-2000
<EXCHANGE-RATE>                                1
<CASH>                                         8,745
<SECURITIES>                                   2,081
<RECEIVABLES>                                  3,100
<ALLOWANCES>                                   401
<INVENTORY>                                    385
<CURRENT-ASSETS>                               14,691
<PP&E>                                         1,120
<DEPRECIATION>                                 380
<TOTAL-ASSETS>                                 15,458
<CURRENT-LIABILITIES>                          5,683
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    2
<COMMON>                                       87
<OTHER-SE>                                     9,604
<TOTAL-LIABILITY-AND-EQUITY>                   15,458
<SALES>                                        11,233
<TOTAL-REVENUES>                               12,861
<CGS>                                          2,297
<TOTAL-COSTS>                                  17,545
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             8
<INCOME-PRETAX>                                (4,343)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (4,343)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (4,343)
<EPS-BASIC>                                    (0.60)
<EPS-DILUTED>                                  (0.60)


</TABLE>
```
**EXHIBIT 12**
```

```

                        JONES APPAREL GROUP, INC.
            COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                            (In millions)

                                          Year Ended December 31,
                                   ------------------------------------
                                       2002          2001          2000
                                   --------      --------      --------

Income before income taxes........   $533.5        $399.8        $503.1
                                   --------      --------      --------
Fixed charges
  Interest expense and
    amortization of
    financing costs...............     62.7          84.6         103.8
  Portion of rent expense
    representing interest.........     35.6          33.6          50.7
                                   --------      --------      --------
Total fixed charges...............     98.3         118.2         154.5
                                   --------      --------      --------
Income before income taxes and
  fixed charges...................    631.8        $518.0        $657.6
                                   ========      ========      ========
Ratio of earnings to
  fixed charges...................      6.4           4.4           4.3
                                   ========      ========      ========
```
<TABLE> <S> <C>

<ARTICLE>                     5
<CIK>                         0000873753
<NAME>                        Professional Dental Technologies, Inc.
<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              OCT-31-1999
<PERIOD-START>                                 NOV-01-1998
<PERIOD-END>                                   JAN-31-1999
<CASH>                                         1,720
<SECURITIES>                                   0
<RECEIVABLES>                                  2,617
<ALLOWANCES>                                   60
<INVENTORY>                                    2,797
<CURRENT-ASSETS>                               7,621
<PP&E>                                         5,641
<DEPRECIATION>                                 2,970
<TOTAL-ASSETS>                                 10,423
<CURRENT-LIABILITIES>                          3,374
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       141
<OTHER-SE>                                     5,815
<TOTAL-LIABILITY-AND-EQUITY>                   10,423
<SALES>                                        6,496
<TOTAL-REVENUES>                               6,496
<CGS>                                          2,786
<TOTAL-COSTS>                                  3,434
<OTHER-EXPENSES>                               (9)
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             55
<INCOME-PRETAX>                                230
<INCOME-TAX>                                   95
<INCOME-CONTINUING>                            135
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   135
<EPS-PRIMARY>                                  .01
<EPS-DILUTED>                                  .01
        


</TABLE>
**Exhibit10.17**

**FIRST AMENDMENT**

**TO**

**PUT ANDCALL OPTION AGREEMENT**

THIS**FIRST AMENDMENT TO PUT AND CALL AGREEMENT** (this “FirstAmendment”), dated as of the 10th day of April, 2007 is entered into by andbetween Discus Holdings, Inc., a California corporation (“Discus”) and AmericanMedical Technology, Inc, a Delaware corporation (“AMT”).

**RECITALS**

**WHEREAS,**Discusand AMT entered into a certain Put and Call Option Agreement dated April 11,2006 (“P&C Agreement”);

**WHEREAS,**the P&C Agreement provides that neither party may exercise their respectiveOption (as defined in therein) before April 11, 2007;

**WHEREAS,**the parties wish to extend the date to which the parties may not exercise theirOption in accordance with the terms stated in this First Amendment.

**AGREEMENT**

 **NOW, THEREFORE**,in consideration of the covenants set forth in this Agreement, and other goodand valuable consideration, the receipt and sufficiency of which are herebyacknowledged, the parties hereto agree, represent and warrant as follows:

1)             Extension of Time to ExerciseOption.  Subsection (c) of Section1.6 is hereby voided and replaced with the following:

“Time.  Neither party may exercise their respectiveOption before May 11, 2007.  The Optionsshall terminate and expire on the thirtieth (30) day after the earlier to occurof (x) the termination or expiration of the License Agreement or (y) 5 yearsfrom the date hereof.”

2)             Integration.  Except as to the extension of time, asexplicitly stated in this First Amendment, the parties do not make any furthermodification to the P&C Agreement and all terms stated therein shall governand control.

1

----

**IN WITNESS WHEREOF, the partieshave caused this Agreement to be executed by their respective duly authorizedofficers as of the date first written above.**
|            | **AMERICAN MEDICAL TECHNOLOGIES,INC.,  a Delaware corporation** |
|------------|-----------------------------------------------------------------|
| ** ** | ** **                                                      |
|       | By:                                                             | /s/ Judd D. Hoffman |
|       | Name:                                                           | Judd D. Hoffman |
|       | Title:                                                          | President & CEO |
|       |                                                            |   |
| ** ** | **DISCUS HOLDINGS, INC.,  a California corporation**            |
| ** ** | ** **                                                      |
|       | By:                                                             | /s/ Michael Treiman |
|       | Name:                                                           | Michael Treiman |
|       | Title:                                                          | General Counsel & Secretary |

** **

2

----
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-50892

Conference Calendar

 

ARTHUR JAMES DAVIS,

Plaintiff-Appellant,

versus

G.J. SUTTON ET AL.,

 Defendants,

G.J. SUTTON; SUTTON & SUTTON

MORTUARY, INC.; R.D. WOODARD;

ADA MAE GODLEY,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

USDC No. SA-96-CV-1314

- - - - - - - - - -

October 21, 1998

Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges.

PER CURIAM:*

Arthur James Davis, Texas state prisoner #477350, appeals from

the district court’s dismissal of his civil rights complaint pursuant

to 42 U.S.C. § 1983. He argues that the defendants conspired to

deprive him of the proceeds of his mother’s life insurance policy. 

We have reviewed the record and find no reversible error. 
No. 97-50892

-2-

Davis’s motion to alter the district court’s judgment

assessing a $.75 partial filing fee is DENIED.

This appeal is frivolous. It is DISMISSED. See 5TH CIR. R.

42.2.
115TH CONGRESS 

2D SESSION S. 2248 

AN ACT 

To amend title 38, United States Code, to authorize the 

Secretary of Veterans Affairs to provide certain burial 

benefits for spouses and children of veterans who are 

buried in tribal cemeteries, and for other purposes. 

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

†S 2248 ES

1 SECTION 1. ELIGIBILITY OF SPOUSES AND CHILDREN OF 

2 VETERANS BURIED IN TRIBAL CEMETERIES 

3 FOR CERTAIN DEPARTMENT OF VETERANS 

4 AFFAIRS BURIAL BENEFITS. 

5 Section 2306 of title 38, United States Code, is 

6 amended— 

7 (1) in subsection (a)(4), by inserting ‘‘or a vet8 erans’ cemetery owned by a tribal organization or on 

9 land owned by or held in trust for a tribal organiza10 tion’’ after ‘‘State’’; 

11 (2) in subsection (b)(1), by inserting ‘‘, a vet12 erans’ cemetery of a tribal organization or on land 

13 owned by or held in trust for a tribal organization’’ 

14 after ‘‘owned by a State’’; 

15 (3) in subsection (f)— 

16 (A) by redesignating paragraphs (1) and 

17 (2) as subparagraphs (A) and (B), respectively; 

18 (B) by striking ‘‘The Secretary’’ and in19 serting ‘‘(1) The Secretary’’; 

20 (C) by striking ‘‘a national cemetery or in 

21 a veterans cemetery of a State or tribal organi22 zation for which the Department has provided 

23 a grant under section 2408 of this title’’ and in24 serting ‘‘a covered cemetery’’; and 

25 (D) by adding at the end the following: 
3 

†S 2248 ES

1 ‘‘(2) The term ‘covered cemetery’ means any of the 

2 following: 

3 ‘‘(A) A national cemetery. 

4 ‘‘(B) A veterans’ cemetery of a State for which 

5 the Department has provided a grant under section 

6 2408 of this title. 

7 ‘‘(C) A veterans’ cemetery of a tribal organiza8 tion or on land owned by or held in trust for a tribal 

9 organization for which the Department has provided 

10 a grant under subsection (f) of such section.’’; and 

11 (4) by adding at the end the following new sub12 section: 

13 ‘‘(i) In this section, the term ‘tribal organization’ has 

14 the meaning given such term in section 3765 of this 

15 title.’’. 

Passed the Senate March 1, 2018. 

Attest: 

Secretary. 
115TH CONGRESS 

2D SESSION S. 2248 

AN ACT 

To amend title 38, United States Code, to authorfor other purposes. veterans who are buried in tribal cemeteries, and certain burial benefits for spouses and children of ize the Secretary of Veterans Affairs to provide