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

No. 15422.

Court of Criminal Appeals of Texas.

Nov. 16, 1932.

L. G. Mathews, of Floydada, for appellant.

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

MORROW, P. J.

Swindling is the offense; penalty assessed at a fine of $75 and confinement in the county jail for 30 days.

The complaint is apparently guided by subdivision 4 of article 1546, P. C., which denounces that phase of swindling which is committed by the passing of a check without sufficient funds with which to pay it, and without good reason to believe that the check will be paid. The information based upon the complaint embraces that phase of swindling which pertains to the fraudulent acquisition of property upon a false pretense as defined in article 1545, P. C. 1925. In a prosecution upon a complaint and information, it is essential to the validity of the conviction that the information follow the aver-ments of the complaint. The complaint is the affidavit of some individual setting up facts upon which the charge is based. The information is the official charge of crime issued upon the authority of the state. See article 414, O. O. P., also Vernon’s Ann. Tex. C. G. P. vol. 1, pp. 309, 310. The material allegations of the information must conform to those of the complaint upon which it is founded. The want of such conformity would vitiate the pleading. Such has been the announcement of this court in many cases. See Davis v. State, 2 Tex. App. 184, Hoerr v. State, 4 Tex. App. 75; and numerous other cases collated in Vernon’s Ann. Tex. O. G. P. 1925, vol. 1, p. 314, note 6.

The state’s attorney before this court concedes the fatal variance between the complaint and information, because of which the judgment is reversed and the cause remanded.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF APPLIED ANALYTICAL INDUSTRIES, INC. 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-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                          14,450
<SECURITIES>                                         0
<RECEIVABLES>                                   23,462
<ALLOWANCES>                                      (290)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                56,299
<PP&E>                                          50,333
<DEPRECIATION>                                  18,068
<TOTAL-ASSETS>                                 106,821
<CURRENT-LIABILITIES>                           28,877
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            16
<OTHER-SE>                                      70,397
<TOTAL-LIABILITY-AND-EQUITY>                   106,821
<SALES>                                         56,676
<TOTAL-REVENUES>                                56,676
<CGS>                                           27,316
<TOTAL-COSTS>                                   51,507
<OTHER-EXPENSES>                                  (101)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                (321)
<INCOME-PRETAX>                                  5,591
<INCOME-TAX>                                     1,799
<INCOME-CONTINUING>                              3,792
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,792
<EPS-PRIMARY>                                     0.23
<EPS-DILUTED>                                     0.23
        

</TABLE>
Exhibit 32.1

CERTIFICATION

I, Richard Beyer, Chairman of the Board and Chief Executive Officer of Freescale Semiconductor
Holdings I, Ltd., certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



|(1) | the quarterly report on Form 10-Q for the quarterly period ended July 3, 2009 (the Quarterly Report), which this statement accompanies fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m) and
|--- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|(2) | information contained in the Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of Freescale Semiconductor Holdings I,
Ltd.
|--- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

This certificate is being furnished solely for purposes of Section 906.

Dated: July 24, 2009



/s/ RICHARD BEYERRichard BeyerChairman of the Board and Chief Executive Officer,Freescale Semiconductor Holdings I, Ltd.
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





In connection with the Quarterly Report of New York Residential, Inc. (the “Company”) on Form 10-Q for the period ended June 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Robert Kornstein, President and Chief Executive Officer, certify, pursuant to 18 U.S.C. ss.
1350, as adopted pursuant to ss. 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.








Date:
August 19, 2009By:
/s/ Robert KornsteinName:
Robert KornsteinTitle:
President and Chief Executive Officer (Principal Executive Officer)
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, 2008, 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
      12, 2008
            /s/
      Edward V. LettEdward
      V. Lett
              Chief
      Executive Officer and President













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.
#### MOSELEY v. STATE.

No. 19853.

Court of Criminal Appeals of Texas.

June 8, 1938.

Sam T. Holt, of Carthage, for appellant.

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

GRAVES, Judge.

Conviction for burglary, the punishment being assessed at two years confinement in the penitentiary.

The record is before us without a statement of facts or bills of exception. The indictment and all matters of procedure appearing to be in proper form, the judgment is affirmed.
<PAGE>

                                  EXHIBIT 10.1

                                 THIRD AMENDMENT
                                       TO
                        OMNIBUS MANAGEMENT INCENTIVE PLAN
                               OF USG CORPORATION

      THIRD AMENDMENT (this "Third Amendment"), to the Omnibus Management
Incentive Plan of USG Corporation originally approved by the stockholders of the
Corporation on May 14, 1997, and last amended on June 27, 2000 (collectively,
the "Plan").

      WHEREAS, the Compensation and Organization Committee of the Board of
Directors approved an amendment to the Plan on March 25, 2004 to remove the
$1,000,000 limit on annual incentive awards under the Plan.

      NOW, THEREFORE, in consideration of the premises, the Plan is hereby
amended as set forth below:

      1.    The penultimate sentence of Section 4 of the Plan is hereby amended
            in its entirety to read as follows:

            "Annual incentive awards may be in the form of cash payments, stock
            awards or a combination thereof, provided, however, that the
            aggregate value of an annual incentive award to an individual may
            not exceed two times such individual's base salary at the
            commencement of the relevant annual performance period".

      2.    Except as expressly amended and modified by this Third Amendment,
            the Plan is hereby ratified and confirmed in all respects.

      IN WITNESS WHEREOF, the Corporation has caused this Third Amendment to be
executed by its officers thereunto duly authorized as of the 10th day of August,
2004.

Attest:                                   USG CORPORATION

_______________________________           By ______________________________
# C_2022427EN.01003401.xml

| 9.11.2022 | EN | Official Journal of the European Union | C 427/34 |
| --- | --- | --- | --- |

9.11.2022

EN

Official Journal of the European Union

C 427/34

---

EUROPEAN TRAINING FOUNDATION

Publication of the final accounts for the financial year 2021

(2022/C 427/34)

The complete version of the final accounts may be found at the following address:

https://www.etf.europa.eu/en/about/compliance-transparency/public-access-to-documents/annual-accounts-2021-and-governing-board

---
----

EXHIBIT 32
Rule 13a-14(b) Certification 

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, the undersigned officers of China DashengBiotechnology Company. (the "Company") certify that: 

1.

The Quarterly Report on Form 10-Q of theCompany for the period ended December 31, 2008 (the "Report") fully complieswith the requirements of Section 13(a) or 15(d) of the Securities Exchange Actof 1934 (15 U.S.C. 78m or 78o(d)); and 
2. 

The information contained in theReport fairly presents, in all material respects, the financial condition andresults of operations of the Company. 

Date: February 18, 2009 

By: /s/ Sidong Zhang                                                     Sidong Zhang, Chief Executive Officer 

By: /s/ Hongsheng Wang                                              Hongsheng Wang, Chief Financial Officer
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Mine Safety and Health Review Commission

# TIME AND DATE: 

2 p.m., Tuesday, September 24, 2024.

# PLACE: 

The Richard V. Backley Hearing Room, Room 511, 1331 Pennsylvania Avenue NW, Suite 504 North, Washington, DC 20004 (enter from F Street entrance).

# STATUS: 

Open.

# MATTERS TO BE CONSIDERED: 

                        The Commission will consider and act upon the following in open session:                         *Geneva Rock Products, Inc.,*                         Docket No. WEST 2022-0097. (Issues include whether the Judge abused his discretion when he ordered a stay of the case for an indefinite duration because of a pending criminal matter.)                    

Any person attending this meeting who requires special accessibility features and/or auxiliary aids, such as sign language interpreters, must inform the Commission in advance of those needs. Subject to 29 CFR 2706.150(a)(3) and 2706.160(d).

# CONTACT PERSON FOR MORE INFO: 

Emogene Johnson (202) 434-9935/(202) 708-9300 for TDD Relay/1-800-877-8339 for toll free.

# Phone Number for Listening to Meeting: 

1-(866) 236-7472, Passcode: 678-100.

*Authority:*5 U.S.C. 552b.                    

Dated: September 20, 2024.

Sarah L. Stewart,

Deputy General Counsel. 

[FR Doc. 2024-22012 Filed 9-20-24; 4:15 pm]

BILLING CODE 6735-01-P
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-6576

MARTIN LEWIN,

Petitioner - Appellant,

versus

CHARLES E. THOMPSON,

Respondent - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, Chief District

Judge. (CA-95-514-R)

Submitted: April 16, 1998 Decided: April 28, 1998

Before WILKINS and HAMILTON, Circuit Judges, and PHILLIPS, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Martin Lewin, Appellant Pro Se. Thomas Drummond Bagwell, Assistant

Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant seeks to appeal the district court's order denying

relief on his petition filed under 28 U.S.C. § 2254 (1994) (current

version at 28 U.S.C.A. § 2254 (West 1994 & Supp. 1997)). We have

reviewed the record and the district court's opinion and find no

reversible error. Accordingly, we deny a certificate of probable

cause to appeal and dismiss the appeal on the reasoning of the district court. See Lindh v. Murphy, 521 U.S. ___, 65 U.S.L.W. 4557

(U.S. June 23, 1997) (No. 96-5798); Lewin v. Thompson, No. CA-95-

514-R (W.D. Va. Mar. 31, 1997). 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
[Federal Register Volume 89, Number 182 (Thursday, September 19, 2024)]
[Notices]
[Pages 76879-76880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21382]


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

POSTAL SERVICE


Product Change--Priority Mail and USPS Ground Advantage[supreg] 
Negotiated Service Agreement

AGENCY: Postal Service<SUP>TM</SUP>.

ACTION: Notice.

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

[[Page 76880]]

SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

DATES: Date of required notice: September 19, 2024.

FOR FURTHER INFORMATION CONTACT: Sean Robinson, 202-268-8405.

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
September 13, 2024, it filed with the Postal Regulatory Commission a 
USPS Request to Add Priority Mail & USPS Ground Advantage[supreg] 
Contract 348 to Competitive Product List. Documents are available at 
www.prc.gov, Docket Nos. MC2024-677, CP2024-686.

Sean Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2024-21382 Filed 9-18-24; 8:45 am]
BILLING CODE 7710-12-P
#### Ex parte Sam S. VARNADO.

No. 24266.

Court of Criminal Appeals of Texas.

Nov. 24, 1948.

W. J. Baldwin, of Beaumont, for appellant.

Ernest S. Goens, State’s Atty., of Austin, for the State.

HAWKINS, Presiding Judge.

Relator was indicted for the murder with malice of Lloyd White. By writ of habeas corpus before the Judge of the Criminal District Court of Jefferson County, Texas, relator sought bail, which was refused. It is from such order this appeal is prosecuted.

At the same time that White was killed relator also killed his wife, and from a refusal of bail in that case relator appealed to this court and same is pending here under No. 24265, 215 S.W.2d 165. The statements of facts and the records are identical in the two cases. Reference is made to our'opinion in No. 24,265 without repetition here. What was there said is applicable in the present case.

The judgment in cause No. 24,266, wherein relator is charged with killing Lloyd White, is reversed and bail granted in the sum of $7,500.
#### THOMAS v. STATE.

No. 19757.

Court of Criminal Appeals of Texas.

May 11, 1938.

Rehearing Denied Oct. 12, 1938.

Levi Pressly, of Fort Worth, for appellant.

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

HAWKINS, Judge.

Conviction is for assault with intent to murder; punishment assessed being one year in the penitentiary.

The indictment properly charges the offense. The record is before this court without statement of facts or bills of exception. In such condition nothing is presented for review.

The judgment is affirmed.
#### Ben McCOY and Houston Woodring v. STATE.

No. 17224.

Court of Criminal Appeals of Texas.

Feb. 13, 1935.

Reynold M. Gardner, of Amarillo, for appellants.

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

MORROW, Presiding Judge.

The offense is robbery; penalty assessed at confinement in the penitentiary for five years.

Appellants were jointly charged with the robbery by assault of W. M. Caraway, which resulted in taking from Caraway the sum of 40 cents.

The indictment appears regular and properly presented.

There is no statement of the evidence heard in the trial court brought forward for review.

Perceiving no error, the judgment is affirmed.
<PAGE>

                                                                   EXHIBIT 10.11

                              NON-PLEDGE AGREEMENT

      THIS NON-PLEDGE AGREEMENT is entered into as of this 22nd day of February,
2002 by SAFE AUTO INSURANCE COMPANY (the "Company") to and in favor of NATIONAL
CITY BANK (the "Bank").

      WHEREAS, Bank has extended credit accommodations to Safe Auto Group, Inc.
(the "Borrower") pursuant to certain note(s) and related documents
(collectively, the "Loan Documents"); and

      WHEREAS, in order to induce Bank to enter into the Loan Documents and
 for other good and valuable consideration, the receipt and sufficiency of which
 is expressly acknowledged by Company, Company has agreed to execute this
 Non-Pledge Agreement.

      NOW,  THEREFORE, Company agrees as follows:

      1.    Company covenants and agrees that it will keep all of its existing
and future BUSINESS ASSETS (the "Property") free from any and all liens,
encumbrances, security interests, pledges, levies or other judicial processes or
claims of any kind. The terms "inventory" and "account" shall have the meanings
ascribed to them in the Uniform Commercial Code in effect in Ohio from time to
time.

      2.    Company shall promptly notify the Bank in writing of any threatened
or filed claims or proceedings which might in any way affect or impair Company's
rights, title or interests in the Property. Company shall also promptly notify
the Bank in writing of all material loss or material damage, by casualty or
otherwise, to the Property.

      3.    Company acknowledges that Bank is relying on its agreements and
undertakings herein in entering into the Loan Documents and in extending to
Borrower the credit facilities contemplated thereby. Any breach by Company of
its agreements herein shall be deemed a default under the Loan Documents and
entitle Bank to exercise its remedies provided therein or otherwise available at
law.

      4.    This Non-Pledge Agreement shall remain in full force and effect
until all obligations evidenced by the Loan Documents have been paid in full and
the credit accommodations contemplated thereby have been terminated in writing
by Bank.

      IN WITNESS WHEREOF, the Company has duly executed this Non-Pledge
Agreements as of the date first written above.

                                        COMPANY NAME

                                        SAFE AUTO INSURANCE COMPANY

                                        By:/s/ Ari Deshe
                                           -------------------------------------

                                        Printed Name: ARI DESHE

                                        Title: Chairman & CEO
omed-ex101_189.htm



Exhibit 10.1

 

 

CONFIDENTIALLONZA

 

 

 

 

AMENDMENT NO.3

to the

Multi-Product License Agreement

dated 22 August 2012

between

LONZA SALES AG

and

ONCOMED PHARMACEUTICALS, INC

 

 



 

 

CONFIDENTIALLONZA

 

THIS AMENDMENT is made the 26 day of August 2016

BETWEEN

LONZA SALES AG incorporated and registered in Switzerland whose registered office is at Muenchensteinerstrasse 38, CH-4002, Basel, Switzerland (hereinafter referred to as "Lonza") and

ONCOMED PHARMACEUTICALS, INC., incorporated in Delaware whose office is at 800 Chesapeake Drive, Redwood City, CA 94063, USA (hereinafter referred to as "OncoMed")

WHEREAS


	
A.
	
OncoMed and Lonza entered into a Multi-Product License Agreement dated 22 August 2012 (hereinafter referred to as the "Agreement"), in respect of the use by OncoMed of Lonza's proprietary System (as defined in the Agreement).





	
B.
	
Lonza now wishes to clarify the content of Schedule 2 in the Agreement.





	
D.
	
Lonza and OncoMed agree to amend the terms of the Agreement.




NOW THEREFORE in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration the receipt of which is hereby acknowledged, it is hereby agreed by the parties to amend the Agreement as follows:


	
1.
	
The words and phrases defined in the Agreement shall have the same meanings in this Amendment.





	
2.
	
Schedule 2 of the Agreement is hereby deleted in its entirety and replaced by the Schedule 2 annexed hereto.





	
3.
	
Save as herein provided all other terms and conditions of the Agreement shall remain in full force and effect.







 



 

 

CONFIDENTIALLONZA

 

 

IN WITNESS WHEREOF the parties have caused this Amendment No. 3 to be executed by their respective representatives thereunto duly authorized as of the day and year first above written.

Signed for and on behalf of/S/ Marie Leblanc

LONZA SALES AG

Marie Leblanc

Director Strategic Marketing

 

TITLE

Signed for and on behalf of/S/Cordula Altekrüger

LONZA SALES AG

Cordula Altekrüger

Senior Legal Counsel

 

TITLE

Signed for and on behalf of/S/ John Lewicki

ONCOMED PHARMACEUTICALS, INC.

EVP, CSO

 

TITLE

 

 



 

 

CONFIDENTIALLONZA

 

 

SCHEDULE 2

PRODUCTS

 


	
 
	
1.
	
OMP-21M18





	
 
	
2.
	
OMP-59R5





	
 
	
3.
	
OMP-18R5





	
 
	
4.
	
OMP-54F28





	
 
	
5.
	
OMP-52M51





	
 
	
6.
	
OMP-305B83





	
 
	
7.
	
OMP-131R10





	
 
	
8.
	
OMP-336B11





	
 
	
9.
	
OMP-313M32