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

No. 19210.

Court of Criminal Appeals of Texas.

Nov. 17, 1937.

T. D. Sansing, of Linden, and Carney & Carney, of Atlanta, for appellant.

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

CHRISTIAN, Judge.

The offense is aggravated assault; the punishment, confinement in jail for six months.

It is charged in the complaint and information that the assault was committed with a knife, whereas the proof shows that the appellant used a razor. We are constrained to overrule appellant’s contention that there is a fatal -variance. We quote from 4 Words and Phrases, Third Series, page 697, as follows: “An indict•ment alleging assault with intent to kill by cutting the person injured with a ‘knife’ was sustained by proof that prosecuting witness was either cut with a knife or a razor; ‘knife’ being a generic term which would include ‘razor,’ meaning any instrument consisting of a thin blade of steel, and having a sharp edge for cutting fastened to a handle. May v. State, 162 S.W. 43, 44, 110 Ark. 432.”

It is shown in bill of exception No. 2 that in his argument to the jury the county attorney stated that the witnesses *68for the state all agreed on the main details of what had happened on the occasion of the assault; and that there was no conflict in the record as to the facts. Further, counsel used language as follows: “The defendant has not denied —.” Before the last sentence was concluded, appellant’s counsel objected, and the court sustained the objection, instructing the jury not to consider said statement, nor to consider as a circumstance against the appellant his failure to testify in the case. • We think the bill of exception in its entirety shows a direct reference to the failure of the appellant to testify, and, under the mandatory provisions of article 710, C.C.P., a reversal of the judgment of conviction must follow. See Jackson v. State, 129 Tex.Cr.R. 314, 87 S.W.2d 482.

The judgment is reversed, and the cause remanded.

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.

GRAVES, J., absent.
# C_2022379EN.01000801.xml

| 3.10.2022 | EN | Official Journal of the European Union | C 379/8 |
| --- | --- | --- | --- |

3.10.2022

EN

Official Journal of the European Union

C 379/8

---

Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)

(Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006 (1)
  )

(Text with EEA relevance)

(2022/C 379/04)

Decision granting an authorisation

| Reference of the decision
   (2) | Date of decision | Substance name | Holder(s) of the authorisation | Authorisation number | Authorised use | Date of expiry of review period | Reasons for the decision |
| --- | --- | --- | --- | --- | --- | --- | --- |
| C(2022) 6886 | 30 September 2022 | 4-(1,1,3,3-Tetra methylbutyl)phenol, ethoxylated
  (4-tert-OPnEO)
  EC No: -, CAS No:- | Vetter Pharma-Fertigung GmbH & Co. KG, Schützenstrasse 87, 88212 Ravensburg, Germany | REACH/22/29/0 | As emulsifier in the siliconisation of glass containers (syringes and cartridges) used as primary packaging material for medicinal products of several pharmaceutical companies listed in the confidential Appendix 1 to the analysis of alternatives included in the application | 4 January 2026 | In accordance with Article 60(4) of Regulation (EC) No 1907/2006, the socio-economic benefits outweigh the risk to human health and the environment from the uses of the substance and there are no suitable alternative substances or technologies. |

Reference of the decision
   (2)

Date of decision

Substance name

Holder(s) of the authorisation

Authorisation number

Authorised use

Date of expiry of review period

Reasons for the decision

C(2022) 6886

30 September 2022

4-(1,1,3,3-Tetra methylbutyl)phenol, ethoxylated

(4-tert-OPnEO)

EC No: -, CAS No:-

Vetter Pharma-Fertigung GmbH & Co. KG, Schützenstrasse 87, 88212 Ravensburg, Germany

REACH/22/29/0

As emulsifier in the siliconisation of glass containers (syringes and cartridges) used as primary packaging material for medicinal products of several pharmaceutical companies listed in the confidential Appendix 1 to the analysis of alternatives included in the application

4 January 2026

In accordance with Article 60(4) of Regulation (EC) No 1907/2006, the socio-economic benefits outweigh the risk to human health and the environment from the uses of the substance and there are no suitable alternative substances or technologies.

---

(1)  OJ L 396, 30.12.2006, p. 1.

(2)  The decision is available on the European Commission website at: Authorisation (europa.eu).

---
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-06-00599-CV

SWEPI LP, Appellant

v.

Railroad Commission of Texas and Betty Eyhorn, Appellees

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 345TH JUDICIAL DISTRICT

NO. D-1-GN-06-003322, HONORABLE LORA J. LIVINGSTON, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

The reporter’s record was filed in this accelerated appeal on February 12, 2007.

Appellant’s brief was due to be filed by March 5, 2007. See Tex. R. App. P. 38.6(a). By notice

dated April 2, 2007, this Court’s clerk notified appellant that its brief was overdue and that this Court

would dismiss this appeal unless appellant filed a brief or a motion for extension by April 12, 2007.

Appellant has filed neither and there has been no other activity in this case. This appeal is dismissed

for want of prosecution. See Tex. R. App. P. 42.3(b).

 

G. Alan Waldrop, Justice

Before Justices Patterson, Pemberton and Waldrop

Dismissed for Want of Prosecution

Filed: June 18, 2007
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     This  schedule  contains  summary  financial   information  extracted 
from  the financial  statements  for the  nine months  ended  June 30, 1998
and is qualified in its entirety by reference to such financial statements.

</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                                3-MOS
<FISCAL-YEAR-END>                            SEP-30-1998
<PERIOD-START>                               OCT-01-1997
<PERIOD-END>                                 JUN-30-1998
<CASH>                                        613,971
<SECURITIES>                                   10,639
<RECEIVABLES>                                 240,962
<ALLOWANCES>                                       0
<INVENTORY>                                   1,091,998
<CURRENT-ASSETS>                              1,313,609
<PP&E>                                        1,231,603
<DEPRECIATION>                                   26,057
<TOTAL-ASSETS>                                4,831,983
<CURRENT-LIABILITIES>                           563,586
<BONDS>                                       0
<PREFERRED-MANDATORY>                              0
<PREFERRED>                                        0
<COMMON>                                           2,613
<OTHER-SE>                                     2,920,985
<TOTAL-LIABILITY-AND-EQUITY>                   4,831,983
<SALES>                                        4,533,465
<TOTAL-REVENUES>                               4,719,156
<CGS>                                          3,618,475
<TOTAL-COSTS>                                  4,481,273
<OTHER-EXPENSES>                                 43,182
<LOSS-PROVISION>                                   0
<INTEREST-EXPENSE>                               120,588
<INCOME-PRETAX>                                  194,701
<INCOME-TAX>                                     194,701
<INCOME-CONTINUING>                                0
<DISCONTINUED>                                     0
<EXTRAORDINARY>                                    0
<CHANGES>                                          0
<NET-INCOME>                                   194,701
<EPS-PRIMARY>                                      .08
<EPS-DILUTED>                                      0
        


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

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THERMO
BIOANALYSIS CORP.'S QUARTERLY REPORT ON FORM 10-Q FOR THE QUARTER ENDED
SEPTEMBER 28, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-28-1996
<PERIOD-END>                               SEP-28-1996
<CASH>                                          42,802
<SECURITIES>                                         0
<RECEIVABLES>                                   15,623
<ALLOWANCES>                                       888
<INVENTORY>                                     13,948
<CURRENT-ASSETS>                                74,696
<PP&E>                                          11,717
<DEPRECIATION>                                   6,019
<TOTAL-ASSETS>                                 116,444
<CURRENT-LIABILITIES>                           20,333
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            96
<OTHER-SE>                                      45,787
<TOTAL-LIABILITY-AND-EQUITY>                   116,444
<SALES>                                         49,128
<TOTAL-REVENUES>                                49,128
<CGS>                                           25,879
<TOTAL-COSTS>                                   25,879
<OTHER-EXPENSES>                                 8,531
<LOSS-PROVISION>                                   118
<INTEREST-EXPENSE>                               1,225
<INCOME-PRETAX>                                  (847)
<INCOME-TAX>                                     1,049
<INCOME-CONTINUING>                            (1,896)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,896)
<EPS-PRIMARY>                                    (.23)
<EPS-DILUTED>                                        0
        

</TABLE>
----

**ZONES,      INC.**

**NOTICE      OF GRANT OF DIRECTOR STOCK OPTION**

*“*
***Optionee***
*”*
*“*
***Option***
*”*
**Zones,      Inc. 2003 Equity Incentive Plan**
*“*
***Plan***
*”*

| **Grant                Number:**            |   |     |                            |
|---------------------------------------------|--------|--------------------|---------------------------------|
|                                        |   |               |                            |
| **Date                of Option Grant:**    |   |     |                            |
|                                        |   |               |                            |
| **Number                of Option Shares:** |   |     |                            |
|                                        |   |               |                            |
| **Exercise                Price:**          | $      |     |                  per share |

| **Vesting**                                | The                Option is fully vested and immediately exercisable.  |
|--------------------------------------------|------------------------------------------------------------------------------|
|                                       |                                                                         |
| **Option                Expiration Date:** | The                date ten (10) years after the Date of Option Grant.       |
|                                       |                                                                         |
| **Tax                Status of Option:**   | Nonqualified                Stock Option                                     |

**Post-Termination      of Service Exercise Period:**

| ZONES,                INC. |         | OPTIONEE     |
|----------------------------|--------------|--------------|
|                       |         |         |   |
| By:                        |    |         |    |
|                       |         |         | Signature |
| Its:                       |    |         |    |
|                       |         |         | Date |
| Address:                   |    |         |    |
|                       |         |         | Address |
|             |         |    |

| ATTACHMENTS: | Stock                Option Agreement and Exercise                Notice |
|--------------|--------------------------------------------------------------------------|

----
Exhibit 12.1



PCA INTERNATIONAL, INC. AND SUBSIDIARIES  COMPUTATION OF RATIOS OF EARNINGS TO FIXED CHARGES

(in thousands, except ratios)



|                                                                          |  | For the Fiscal Year |       
|------------------------------------------------------------------------- |  | ------------------- | ------
|                                                                          |  | 2002                |       
|Fixed Charges:                                                            |  |                     |       
|Net interest expense (including amortization of deferred financing
costs) |  | $                   | 28,610
|                                                                          |  |                     |       
|Fixed charges                                                             |  | $                   | 28,610
|                                                                          |  |                     |       
|Earnings:                                                                 |  |                     |       
|Income (loss) from continuing operations before income taxes              |  | $                   | (493  
|Fixed charges                                                             |  |                     | 28,610
|                                                                          |  |                     |       
|Earnings                                                                  |  | $                   | 28,117
|                                                                          |  |                     |       
|Deficiency of earnings to fixed charges                                   |  | $                   | (493  
|                                                                          |  |                     |       
|Ratio of earnings to fixed charges                                        |  |                     |      
|                                                                          |  |                     |
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY INFORMATION EXTRACTED FROM THE CONDENSED
CONSOLIDATED FINANCIAL STATEMENTS OF SHOWBOAT MARINA CASINO PARTNERSHIP FOR THE
PERIOD ENDED SEPTEMBER 30, 1998, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH STATEMENTS.
</LEGEND>
<CIK> 0001013788
<NAME> SHOWBOAT MARINA CASINO PARTNERSHIP
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                          20,033
<SECURITIES>                                         0
<RECEIVABLES>                                    1,453
<ALLOWANCES>                                         0
<INVENTORY>                                        276
<CURRENT-ASSETS>                                22,911
<PP&E>                                         170,392
<DEPRECIATION>                                  16,895
<TOTAL-ASSETS>                                 193,796
<CURRENT-LIABILITIES>                           21,402
<BONDS>                                        147,679
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      24,715
<TOTAL-LIABILITY-AND-EQUITY>                   193,796
<SALES>                                              0
<TOTAL-REVENUES>                               139,111
<CGS>                                                0
<TOTAL-COSTS>                                   68,898
<OTHER-EXPENSES>                                57,781
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              16,310
<INCOME-PRETAX>                                (3,719)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (3,719)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (3,719)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
NJDEP HZSAMPLE Error Report

File: C:\Datamgt\NJ EDD\cwk\DGW 2H10\HZSAMPLE

Date: 03/21/2011 13:59

Errors#: (0)

No HZSAMPLE errors have been identified!
Exhibit
      32.1








**Chief
      Executive Officer’s Certification required under Section 906 of Sarbanes-Oxley
      Act of 2002**





In
      connection with the quarterly report of TIB Financial Corp. (the “Company”) on
      Form 10-Q for the period ended March 31, 2006, as filed with the Securities
      and
      Exchange Commission (the “Report”), I, Edward V. Lett, President and Chief
      Executive Officer of the Company, certify pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, that this Report fully complies with the
      requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
      and that, to my knowledge, the information contained in the Report fairly
      presents, in all material respects, the financial condition and results of
      operation of the Company.








Date: May
                9, 2006
            /s/
                Edward V. LettEdward
                V. Lett
              President
                and Chief Executive Officer


A
        signed
        original of this written statement required by Section 906, or other document
        authenticating, acknowledging, or otherwise adopting the signature that appears
        in typed form within the electronic version of this written statement required
        by Section 906, has been provided to TIB Financial Corp. and will be retained
        by
        TIB Financial Corp. and furnished to the Securities and Exchange Commission
        or
        its staff upon request.
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 12-3407

___________________________

United States of America

lllllllllllllllllllll Plaintiff - Appellee

v.

David Soto-Quintero

lllllllllllllllllllll Defendant - Appellant

____________

 Appeal from United States District Court 

for the Northern District of Iowa - Sioux City

____________

 Submitted: June 4, 2013

 Filed: June 7, 2013

[Unpublished]

____________

Before LOKEN, MELLOY, and BENTON, Circuit Judges.

____________

PER CURIAM.

David Soto-Quintero appeals the 80-month prison sentence the district court

1

imposed upon his guilty plea to a drug-conspiracy offense. Pursuant to Anders v.

The Honorable Donald E. O’Brien, United States District Judge for the

1

Northern District of Iowa.
California, 386 U.S. 738 (1967), counsel has moved to withdraw, and has filed a brief

in which he suggests that the sentence imposed is unreasonable.

Soto-Quintero pleaded guilty pursuant to a plea agreement that contained a

waiver of his right to appeal his conviction and sentence. We will enforce the waiver.

The plea-hearing transcript reflects that Soto-Quintero entered into the plea

agreement and its appeal waiver knowingly and voluntarily; the challenge raised on

appeal falls within the scope of the appeal waiver; and no miscarriage of justice

would occur from enforcing the waiver. See United States v. Jennings, 662 F.3d 988,

990 (8th Cir. 2011) (discussing enforceability of appeal waivers), cert. denied, 132

S. Ct. 2407 (2012); United States v. Estrada-Bahena, 201 F.3d 1070, 1071 (8th Cir.

2000) (per curiam) (enforcing appeal waiver in Anders case). 

Although Soto-Quintero raised complaints about his attorney in postjudgment

papersthat he filed in the district court, he has not filed a pro se appellate brief in this

court. In any event, we generally do not consider ineffective-assistance claims in a

direct criminal appeal. See United States v. McAdory, 501 F.3d 868, 872-73 (8th Cir.

2007). Finally, having reviewed the record under Penson v. Ohio, 488 U.S. 75

(1988), we have found no nonfrivolous issues outside the scope of the appeal waiver. 

Accordingly, we dismiss this appeal, and we grant counsel’s motion to

withdraw.

______________________________

-2-
<PAGE>   1


                                                                    EXHIBIT 10.7

                         SCHEDULE OF MORTGAGES AND NOTES
WHICH ARE SUBSTANTIALLY IN THE FORM OF AMRESCO MORTGAGE AND FORM OF AMRESCO NOTE
            ATTACHED AS EXHIBITS 10.5 AND 10.6 TO THE COMPANY'S FORM
                       10-Q FOR THE PERIOD ENDING 9/30/99

<TABLE>
<CAPTION>

                                                                                                 NOTE/
                                                                                                 -----                DATE OF
    MORTGAGOR                   FACILITY NAME                         LOCATION               MORTGAGE AMOUNT          MORTGAGE
    ---------                   -------------                         --------               ---------------          --------
<S>                  <C>                                        <C>                         <C>                    <C>

ALS Kansas, Inc.      Alterra Sterling  House of Bristol         2022 Bath Road                 $1,272,000          July 16, 1999
                                                                 Bristol, PA 19007
ALS Kansas, Inc.      Alterra Sterling House of Leawood          12720 State Line Road          $2,835,000          July 16, 1999
                                                                 Leawood, KS 66209
ALS Kansas, Inc.      Alterra Sterling House of Lenexa           8740 Caenen Lake Road          $2,500,000          July 16, 1999
                                                                 Lenexa, KS 66215
ALS Kansas, Inc.      Alterra Sterling House of Olathe           791 N. Somerset Terrace        $3,150,000          July 16, 1999
                                                                 Olathe, KS 66062
ALS Kansas, Inc.      Alterra Sterling House of Topeka           5820 S.W. Drury Lane           $3,115,000          July 16, 1999
                                                                 Topeka, KS 66604
ALS Kansas, Inc.      Alterra Wynwood of Madison East            1601 Wheeler Road              $3,786,000          July 16, 1999
                                                                 Madison, WI 53711
ALS Kansas, Inc.      Alterra Wynwood of Meridian Park           19200 S.W. 65th                $7,740,000          July 16, 1999
                                                                 Tualatin, OR 97062
</TABLE>


*The form of mortgages entered into for these properties were conformed to meet
the requirements of applicable state law.