alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Raabe, Respondent, vs. Brzoskowski, Appellant.

*March 9*

April *7, 1931.*

*321
      *D. J. Regan*of Milwaukee, for the appellant.

*Harry V. Meissner*of Milwaukee, for the respondent.

Rosenberry, C. J.

There is ample evidence in the record to sustain a finding that the plaintiff started south on the west crossing of North avenue at a time when the light was clearly in her favor; that she reached a point somewhere between the south track and the south curb of North avenue before the light changed to amber and that she was struck by the truck while completing the crossing. There is evidence from which the jury could have found that the defendant started east on the south side of North avenue before the green light turned in his favor, probably at or about the time the light changed to amber, without permitting the traffic then properly on North avenue to clear. Plaintiff rightfully entered the street. In doing so she had a right to assume that vehicles proceeding east on the south side of North avenue would give traffic properly upon Third avenue an opportunity to clear. She saw the truck at a point which in her opinion permitted her to make the crossing safely, and whether or not, under all the circumstances of this case, she was guilty of a want of ordinary care in what she did, was clearly a question for the jury. Whether the defendant acted thoughtlessly or in intentional disregard of the right of a pedestrian to reach the sidewalk does not appear. The legal consequences are the same. The change of the light from red to amber does not justify traffic in moving across the crossing until a reasonable opportunity has been given for travelers properly upon the street to reach the sidewalk. While the testimony of the plaintiff is confused and to some extent contradictory, there is nothing in the circumstances that renders the finding of fact made by the jury at all improbable. It is not infrequently the case that persons who *322are injured as plaintiff was by being thrown some distance violently to the ground, arising in a state of mental as well as physical disturbance, make statements not consistent with the actual facts. The more courteous, thoughtful, and generous people are, the more likely they are under such circumstances to accuse themselves. On the contrary, the loud-voiced rough-neck quite likely arises with an accusation on his lips against some one. Too much weight and significance cannot be attached to statements made by either class under such circumstances.

*By the Court.*— Judgment affirmed.

Fairchild, J., took no part.
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Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Stephen J. Markman

Mary Be th Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein,

Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

June 10, 2015

s0603 

# Order

Clerk June 10, 2015

150702 & (54)

PEOPLE OF THE STATE OF MIC HIGAN,

Plaintiff

- Appellee,

v SC: 150702

COA: 316316

Wayne CC: 13

- 000550

- FH

LAWRENCE VIRGIL WAGNER,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the October 2, 2014

judgment of the Court of Appeals is considered, and it is DENIED, because we are not

persuaded that the questions presented should be reviewed by this Court. The motion for

a new trial or to remand is DENIED.
# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 22

- 40015 Summary Calendar

**United States of America,**
Plaintiff

— Appellee **,**

versus

**Ignacio Fuentes**

**- Barriga,** 
Defendant

— Appellant

**.**

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:21

- CR

- 1355

- 1

Before **Southwick, Oldham,**  and **Wilson,** Circuit Judges

**. Per Curiam**  **:** *

The Federal Public Defender appointed to represent Ignacio Fuentes

Barriga has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Fuentes

- Barriga has not filed a response. We have

* Pursuant to **5th Cir cuit**  **R ule**  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 cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED June 20, 2022 Lyle W. Cayce Clerk Case: 22-40015 Document: 00516362555 Page: 1 Date Filed: 06/20/2022No. 22

- 40015

2 reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue fo r appellate review. Accordingly, counsel’s motion for leave to withdraw is **GRANTED** , counsel is excused from further responsibilities herein, and the **APPEAL IS DISMISSED**

. See **5th Cir. R.**  42.2

. Case: 22-40015 Document: 00516362555 Page: 2 Date Filed: 06/20/2022
#### TULANE HOTEL INVESTORS LIMITED PARTNERSHIP, petitioner, v. FIRST FINANCIAL BANK, FSB, et al.

No. 87-44.

Supreme Court of the United States.

Oct. 5, 1987.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit.

Denied.
Exhibit 10.82

LOGO

November 17, 2008

Michael
L. Kranda

Dear Michael:

Anesiva, Inc. (the
Company) is pleased to offer you an amendment (the Amendment) to your employment terms, as set forth in the offer letter between you and the Company, dated June 16, 2008 (the Offer Letter). The employment
terms set forth in this Amendment are effective as of November 17, 2008 (the Amendment Date). Unless this Amendment specifically states that it supersedes a term in the Offer Letter, the terms of the Offer Letter shall remain
binding and in full force and effect.

1. Retention Bonus.You will be eligible to receive a Retention Bonus in an amount equal to
two (2) months of your base salary currently in effect, to be earned and payable on the following schedule: (i) 50% of the bonus on November 17, 2008, (ii) 25% of the bonus on November 26, 2008, and (iii) 25% of the
bonus on December 15, 2008.

In the event that you resign from employment with the Company for any reason before February 9,
2009, you agree that you will repay to the Company this Retention Bonus amount paid to you (Retention Repayment Amount) pursuant to this Section. Any Retention Repayment Amount that must be repaid pursuant to this paragraph will be paid
within thirty (30) days following your last date of employment with the Company.

In the event that you are involuntarily terminated
from employment with the Company, you will not be liable for repayment of the Retention Bonus.

2. Employment Relationship.
Your employment with the Company is and continues to be at will as described in Section 10 of the Offer Letter.

3.
Supersedes. This Amendment supersedes and replaces any prior agreements, representations or understandings, whether written, oral or implied, between you and the Company regarding this subject matter described herein, provided that unless
specifically superseded by this Amendment, the terms of the Offer Letter remain in full force and effect.

We hope that you find the
forgoing terms acceptable. You may indicate your agreement with these terms and accept this Amendment by signing and dating the Amendment and returning it to me.



Very truly yours,ANESIVA, INC.By:

/s/ Jean-Frederic ViretJean-Frederic ViretVice President & Chief Financial Officer


I have read, and accept and agree to, the terms of this Amendment to my Offer Letter:



|                     
|---------------------
|/s/ Michael L. Kranda
|Michael L. Kranda    

Dated: 11-19-08
2. Permit application reviewed by 

OSMRE with consultation with 

BLM and FLMA

8. Secretary approved 

Mining plan decision 

document

3. OSMRE evaluates if federal land and/or federal coal under 

mineral Leasing Act are affected 

APPENDIX 4.2-3 

Federal Lands-Mining Plan Modification Process

Step 1: Permit changes 

addressed with NEPA 

Adequacy Review Form 

(NARF)

(See Chapter 5)

1. State/Regulatory Authority 

submits revised Permit 

Application Package (PAP) to 

OSMRE for review

4B. OSMRE determines no 

mining plan modification is 

required for the permit 

revision to mine federal coal. 

No federal action is 

required. OSMRE returns 

permit to State/RA

4A. OSMRE determines that a 

mining plan modification is 

required

OSMRE evaluates 

significance of impacts and 

prepares appropriate NEPA 

documentation

OSMRE assesses 

previous environmental 

documents 

Step 2: RA continues 

with permit approval 

and issues the Revised 

Permit

NO

YES

OR

Previous Mining Plan 

Approval from ASLM

5. OSMRE assesses PAP based on 

SMCRA and MLA requirements

7. Mining Plan Decision 

Document with OSMRE 

recommendation for 

Provided to ASLM

6. OSMRE prepares Mining 

Plan Modification Document 

9. State/Regulatory 

Authority Issues 

Permit to Mine

2.EA or EIS 

Determination

(See Chapter 2)

3. Identify 

Alternatives

(if any) and Study 

Methodologies

6. Alternative 

Selection and 

Decision 

Document

1. Identify the 

Proposal and 

Need

4. Complete 

Studies/Technical 

Reports 

DEIS or EA

5. NEPA 

Document and 

Preferred 

Alternative

NEPA Compliance 

Complete

Step 1

Other 

Regulatory 

Processes

Step 2

Other 

Regulatory 

Processes

Step 3

Other 

Regulatory 

Processes

Step 4

Other 

Regulatory 

Processes

Start NEPA 

Review

(Data Collection 

Complete)

OSMRE makes a finding 

and prepares a decision 

document

Note: This flowchart only illustrates an approval process. An applicant can withdraw 

the proposal, and/or OSMRE can request additional information, and/or not approve 

the proposal at anytime throughout the review process. 

Legend

Beginning or End Point Task Direction Arrows

Required Project Tasks Iterative Task Direction Arrows

State or Tribal Program Responsibility

OSMRE Program Responsibility

OSMRE NEPA Review Tasks

OSMRE Tasks for Other Regulatory Processes 

Timing Guide in relation to Tasks

Milestone and Decisions Points

NEPA Schedule Guide

Guidelines for Milestones and Decisions 

Point Timing (Note: Approximately located as a 

sliding scale based on specific project circumstances)
NOTE: This disposition is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________ 

IN RE: AARON GERSHON FILLER,

Appellant

______________________ 

2015-1687

______________________ 

Appeal from the United States Patent and Trademark 

Office, Patent Trial and Appeal Board in No. 90/012,388.

______________________ 

JUDGMENT

______________________ 

AARON GERSHON FILLER, Tensor Law, P.C., Santa 

Monica, CA, argued pro se.

SARAH E. CRAVEN, Office of the Solicitor, United 

States Patent and Trademark Office, Alexandria, VA, 

argued for appellee Michelle K. Lee. Also represented by 

THOMAS W. KRAUSE, FARHEENA YASMEEN RASHEED. 

______________________ 

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED: 
 

 PER CURIAM (LOURIE, DYK, and HUGHES, Circuit 

Judges).

AFFIRMED. See Fed. Cir. R. 36.

 ENTERED BY ORDER OF THE COURT

February 8, 2016 /s/ Daniel E. O’Toole 

 Date Daniel E. O’Toole 

 Clerk of Court
exv10w40






Exhibit 10.40




     On December 14, 2010, the Compensation Committee of the Board of Directors of Quiksilver
increased the fiscal 2011 annual base salary for Charles S. Exon, Quiksilver’s Chief Administrative
Officer, General Counsel and Secretary to $550,000 (effective as of November 1, 2010).
#### THE STATE *vs.*JOHN BISHOP & AL.

Keeping a gaming table, called “ Shuffle-board,” is not indictable, under our Act of Assembly, concerning gaming, the jury having found that this is not a game of chance, but one of skill.

Appeal from the Superior Court of Law of New Hanover County, at the Spring Term, 1848, his Honor Judge Bailey presiding.

The indictment charges that the defendants did erect, keep up, and use a certain public gaming table, called by the name of Shuffle-board, at which games of chance were played, contrary to the form of the statute. The jury found specially, that the defendants kept up the public gaming table called Shuffle-board, as charged, and that divers persons played thereat and bet spirituous liquors on the games, but that the said games were not games of chance, but were altogether games of skill *%,*
      *267and referred the question, to the Court whether in law the defendants were guilty or not guilty. The Court was of opinion with the defendants and gave judgment accordingly, and the Solicitor for the State appealed.

*Attorney General,*for the State.

J). *.Reid,*for the defendant.

RuffiN, C. J.

The game, which is the subject of the indictment is, probably, the same that is mentioned in *Stat.*IS *Car. I,*c. 7, under the name of “ Shovel board.” But that is only conjecture, as the members of the Court know nothing of either game ; and we should be altogether unable, without explanatory evidence, to judge of the character of that under consideration. But the jury have found it not to be a game of chance; and, if it be otherwise, the verdict does not set forth the mode of playing it, so as to enable the Court to see any contradiction in the verdict. Therefore it must be taken, that Shuffleboard is not a game of chance. That settles the question in favour of the defendants under this indictment and under the statute on which it is founded. For the act only makes the keeping of those public tables indictable, at which games of chance are played} and the indictment, properly following the act, charges that at this table “ games of chance were played.” The verdict then negatives the indictment, and takes the case out of the act; and there was no error in the judgment.

Pur Curiam. Ordered to be certified accordingly.-
I 

115TH CONGRESS 

1ST SESSION H. R. 1312 

To amend the Small Business Investment Incentive Act of 1980 to require 

an annual review by the Securities and Exchange Commission of the 

annual government-business forum on capital formation that is held 

pursuant to such Act. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 2, 2017 

Mr. POLIQUIN (for himself and Mr. VARGAS) introduced the following bill; 

which was referred to the Committee on Financial Services 

A BILL 

To amend the Small Business Investment Incentive Act of 

1980 to require an annual review by the Securities and 

Exchange Commission of the annual government-business 

forum on capital formation that is held pursuant to 

such Act. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Small Business Capital 

5 Formation Enhancement Act’’. 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•HR 1312 IH

1 SEC. 2. ANNUAL REVIEW OF GOVERNMENT-BUSINESS 

2 FORUM ON CAPITAL FORMATION. 

3 Section 503 of the Small Business Investment Incen4 tive Act of 1980 (15 U.S.C. 80c–1) is amended by adding 

5 at the end the following: 

6 ‘‘(e) The Commission shall— 

7 ‘‘(1) review the findings and recommendations 

8 of the forum; and 

9 ‘‘(2) each time the forum submits a finding or 

10 recommendation to the Commission, promptly issue 

11 a public statement— 

12 ‘‘(A) assessing the finding or recommenda13 tion of the forum; and 

14 ‘‘(B) disclosing the action, if any, the Com15 mission intends to take with respect to the find16 ing or recommendation.’’. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS
**Exhibit 32.2**

STATEMENT PURSUANT TO 18U.S.C. §1350

Pursuant to 18U.S.C. §1350, the undersigned certifies that this Quarterly Report on Form 10-Qfor the period ended March 31, 2007 fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934 and that theinformation contained in this report fairly presents, in all material respects,the financial condition and results of operations of MillenniumPharmaceuticals, Inc.
| Dated:  May 9, 2007 | /s/ MARSHA H. FANUCCI                             |   |
|--------------------------|---------------------------------------------------|--------|
|                     | Marsha H. Fanucci                                 |
|                     | Senior Vice President and Chief Financial Officer |
|                     | (Principal financial officer)                     |

 

A signed original of this written statement requiredby Section 906 has been provided to Millennium Pharmaceuticals, Inc. and will beretained by Millennium Pharmaceuticals, Inc. and furnished to the Securitiesand Exchange Commission or its staff upon request.

----
##### 



Exhibit 32.1 CERTIFICATION PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
(18 U.S.C. SECTION 1350) In connection with the Report of Advanced Lighting Technologies, Inc., an Ohio corporation (the
Company), on Form 10-Q for the quarterly period ended March 31, 2005 as filed with the Securities
and Exchange Commission (the Report), I, Wayne R. Hellman, Chief Executive Officer of the
Company, certify, pursuant to §906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. §1350), that to my
knowledge:  (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: May 16, 2005 /s/ Wayne R. Hellman
Wayne R. Hellman
Chief Executive Officer
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