alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent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.

United States Court of Appeals

Fifth Circuit

FILED

September 8, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-41660

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

SALVADOR RAMOS-RUIZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:05-CR-689 

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

Before KING, GARWOOD, and JOLLY, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Salvador RamosRuiz raises arguments that are foreclosed by Almendarez-Torres v.

United States, 523 U.S. 224, 235 (1998), which held that 8 U.S.C.

§ 1326(b)(2) is a penalty provision and not a separate criminal

offense. The Government’s motion for summary affirmance is

GRANTED, and the judgment of the district court is AFFIRMED.
FILED

January 21, 1999

Cecil W. Crowson

Appellate Court Clerk

IN THE COURT OF APPEALS OF TENNESSEE

AT NASHVILLE

ROGER P. HOGAN, FRED C. DANCE, )

and MUSIC CITY DUST-TEX )

SERVICE, INC., )

)

Plaintiffs/Appellants, )

) Appeal No.

) 01-A-01-9712-CH-00733

VS. )

) Davidson Chancery

) No. 95-2911-III

COYNE INTERNATIONAL )

ENTERPRISES CORPORATION )

d/b/a COYNE TEXTILE SERVICES, )

)

Defendant/Appellee. )

OPINION ON PETITION TO REHEAR

Both parties have filed petitions to rehear. With respect to the petition

by the sellers, we have reviewed the petition and find that it does not state a ground

for modification of the original opinion.

With respect to Coyne’s petition, we do not think it requires a change in

result, but it does merit a specific response.

a.

The chief complaint in the petition is with this court’s conclusion that the

sales contract was severable. We have examined the cases cited in the petition,

James Cable Partners, L.P. v. City of Jamestown, 818 S.W.2d 338 (Tenn. App. 1991),

Penske Truck Leasing Co., L.L.P. v. Huddleston, 795 S.W.2d 669 (Tenn. 1990),

Green v. THGC, Inc., 915 S.W.2d 809 (Tenn. App. 1995), and John Deere Plow Co.

v. Shellabarger, 203 S.W. 756 (Tenn. 1918), and do not find any authority contrary to

our original opinion. In fact the definition for a divisible contract adopted by the court

in James seems to specifically describe the contract in this case: “one in which the
2

performance is divided into different groups, each set embracing performances which

are the agreed exchange for each other.” 818 S.W.2d at 344. Coyne insisted that the

contract be divided and Coyne assigned the values to each division. We do not see

how a plausible argument can be made at this point that the contract was not divisible.

The petition does not address the cases of Bradford & Carson v.

Montgomery Furniture Co., 92 S.W. 1104 (Tenn. 1906) and Young v. Jones, 255

S.W.2d 703 (Tenn. App. 1952). These cases add to the entire/severable picture by

establishing that for the breach of a severable contract the plaintiff has the burden of

proving how much damage resulted from the breach. That is the simple consequence

of this whole exercise. Coyne was entitled to reduce its payment by every penny

caused by Hogan’s breach. By failing to prove that it had suffered any damages from

Hogan’s breach, Coyne should pay the balance of the purchase price.

b.

Coyne’s petition to rehear also takes issue with this court’s reduction in

the award of attorneys fees. We think our discussion in the original opinion properly

disposed of this issue.

We are of the opinion, therefore, that both petitions to rehear should be

denied.

______________________________________

BEN H. CANTRELL, PRESIDING JUDGE, M.S.

______________________________________

WILLIAM C. KOCH, JR., JUDGE

______________________________________

WILLIAM B. CAIN, JUDGE
[Federal Register Volume 80, Number 31 (Tuesday, February 17, 2015)]
[Notices]
[Pages 8354-8355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03175]


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

NATIONAL SCIENCE FOUNDATION


Proposal Review Panel for Materials Research; Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-
463 as amended), the National Science Foundation announces the 
following meeting:

    Name: Proposal Review Panel for Materials Research (#1203); 
Materials Research Science and Engineering Center (MRSEC), UCSB Site 
Visit.
    Dates & Times:

May 6, 2015; 7:15 p.m.-9:00 p.m.
May 7, 2015; 7:15 a.m.-8:30 p.m.
May 8, 2015; 7:15 a.m.-4:00 p.m.

    Place: UCSB, Santa Barbara, CA 93106.
    Type of Meeting: Part open.
    Contact Person: Dr. Daniele Finotello, Program Director, 
Materials Research Science and Engineering Centers Program, Division 
of Materials Research, Room 1065, National Science Foundation, 4201 
Wilson Boulevard, Arlington, VA 22230, Telephone (703) 292-4676.
    Purpose of Meeting: To provide advice and recommendations 
concerning further support of the MRSEC at UCSB.

[[Page 8355]]

Agenda

Wednesday, May 6, 2015

7:15 p.m.-9:00 p.m. Closed--Briefing of panel

Thursday, May 7, 2015

7:15 a.m.-4:30 p.m. Open--Review of the MRSEC
5:00 p.m.-6:45 p.m. Closed--Executive Session
6:45 p.m.-8:30 p.m. Open--Dinner

Friday, May 8, 2015

7:15 a.m.-9:50 a.m. Closed--Executive Session
9:50 a.m.-4:00 p.m. Closed--Executive Session, Draft and Review 
Report

    Reason for Closing: The work being reviewed during this site 
visit may include information of a proprietary or confidential 
nature, including technical information; financial data, such as 
salaries and personal information concerning individuals associated 
with the MRSEC. These matters are exempt under 5 U.S.C. 552b(c), (4) 
and (6) of the Government in the Sunshine Act.

    Dated: February 11, 2015.
Suzanne Plimpton,
Acting Committee Management Officer.
[FR Doc. 2015-03175 Filed 2-13-15; 8:45 am]
BILLING CODE 7555-01-P
<PAGE>
 
                                                                    Exhibit 23.1

                        Consent of Independent Auditors
                        -------------------------------

We consent to the reference to our firm under the caption "Experts" and to the
use of our report dated March 11, 1998, with respect to the consolidated
financial statements of Fountain View, Inc. for the three years ended 
December 31, 1997 and the related financial statement schedules, and our report
dated August 22, 1997 with respect to the consolidated financial statements of
Summit Care Corporation for the three years ended June 30, 1997 included in the
Registration Statement (Form S-4 No. 33-    ) and related Prospectus of Fountain
View, Inc. for the registration of $7,520,000 of 11 1/4% Senior Subordinated
Notes.


                                                  /s/ Ernst & Young LLP
                                                  Ernst & Young LLP
Los Angeles, California
February 9, 1999
EXHIBIT 11.1

                          Cornell Corrections, Inc.
               STATEMENT RE: COMPUTATION OF PER SHARE EARNINGS
                   (IN THOUSANDS EXCEPT PER SHARE AMOUNTS)

<TABLE>
<CAPTION>
                                                                                  YEAR ENDED DECEMBER 31,
                                                         -------------------------------------------------------------------------
                                                                 1999                      1998                      1997
                                                         ---------------------     ---------------------     ---------------------
                                                          BASIC       DILUTED       BASIC       DILUTED       BASIC       DILUTED
                                                         --------     --------     --------     --------     --------     --------
<S>                                                      <C>          <C>          <C>          <C>          <C>          <C>
Net Earnings ........................................    $  5,352     $  5,352     $  6,062     $  6,062     $  3,554     $  3,554
                                                         ========     ========     ========     ========     ========     ========

Shares used in computing net earnings per share:
    Weighted average common shares and
      common share equivalents ......................      10,129       10,129       10,032       10,032        7,905        7,905


    Less treasury shares ............................        (697)        (697)        (590)        (590)        (555)        (555)

    Effect of shares issuable under stock options
      and warrants based on the treasury stock method        --            228         --            330         --            390
                                                         --------     --------     --------     --------     --------     --------

                                                            9,432        9,660        9,442        9,772        7,350        7,740
                                                         --------     --------     --------     --------     --------     --------


 Net earnings per share .............................    $   0.57     $   0.55     $   0.64     $   0.62     $   0.48     $   0.46
                                                         ========     ========     ========     ========     ========     ========
</TABLE>
99-1324.

#### State ex rel. Waver v. Huffman.

In Habeas Corpus. On petition for writ of habeas corpus by James Waver. *Sua sponte,*cause dismissed.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM PLAINS
RESOURCES, INC. AND SUBSIDIAIRIES CONSOLIDATED BALANCE SHEET AS OF JUNE 30, 1999
AND CONSOLIDATED STATEMENT OF INCOME FOR THE SIX MONTHS ENDED JUNE 30, 1999, AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                          13,058
<SECURITIES>                                         0
<RECEIVABLES>                                  346,493
<ALLOWANCES>                                         0
<INVENTORY>                                     60,510
<CURRENT-ASSETS>                               425,045
<PP&E>                                       1,210,808
<DEPRECIATION>                                 389,833
<TOTAL-ASSETS>                               1,399,525
<CURRENT-LIABILITIES>                          431,342
<BONDS>                                              0
<PREFERRED-MANDATORY>                           92,655
<PREFERRED>                                     22,613
<COMMON>                                         1,693
<OTHER-SE>                                      52,085
<TOTAL-LIABILITY-AND-EQUITY>                 1,399,525
<SALES>                                      1,363,941
<TOTAL-REVENUES>                             1,364,248
<CGS>                                        1,327,277
<TOTAL-COSTS>                                1,342,722
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              19,517
<INCOME-PRETAX>                                 11,690
<INCOME-TAX>                                     4,559
<INCOME-CONTINUING>                              7,131
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     7,131
<EPS-BASIC>                                       0.14
<EPS-DILUTED>                                     0.13


</TABLE>
**Exhibit 32.1**

 

MICROS SYSTEMS, INC.

 

Certification of Principal Executive Officer

Pursuant to 18 U.S.C. 1350

(Section 906 of the Sarbanes-Oxley Act of2002)

 

I, A.L. Giannopoulos, Chairman,President and Chief Executive Officer of MICROS Systems, Inc. (“Registrant”),certify that to the best of my knowledge, based upon a review of the quarterlyreport on Form 10-Q for the period ended September 30, 2004 of the Registrant(the “Report”):

 

(1)           The Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934,as amended; and

 

(2)           The information contained in theReport fairly presents, in all material respects, the financial condition andresults of operations of the Registrant.

 

 
|   | /s/  | A.L.  Giannopoulos |   |
|--------|-----------|--------------------|--------|
|   | Name:     | A.L.  Giannopoulos |
|   | Date:     | November 9,  2004  |

 

----
**Exhibit      32.1**

|   | (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                20,                 2008 | By:    | /s/                *Paul                Burgess*                                                      |
|-----------------------------------------------------------------------------|--------|----------------------------------------------------------------------------------------------------------------------|
|                                                                        |   | Paul                BurgessChief                Executive Officer (principal executive                officer)  |

----
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   9-MOS                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998             DEC-31-1997
<PERIOD-START>                             JAN-01-1998             JAN-01-1997
<PERIOD-END>                               SEP-30-1998             SEP-30-1997
<CASH>                                           2,199                   4,180
<SECURITIES>                                         0                       0
<RECEIVABLES>                                    5,377                   3,417
<ALLOWANCES>                                         0                       0
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                                 8,084                   8,053
<PP&E>                                           3,088                   2,359
<DEPRECIATION>                                 (1,138)                   (820)
<TOTAL-ASSETS>                                  14,662                  14,573
<CURRENT-LIABILITIES>                            3,350                   2,856
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                            8,452                   8,440
<PREFERRED>                                          0                       0
<COMMON>                                             1                       1
<OTHER-SE>                                       1,359                   1,756
<TOTAL-LIABILITY-AND-EQUITY>                    14,662                  14,573
<SALES>                                         16,716                  12,968
<TOTAL-REVENUES>                                16,716                  12,968
<CGS>                                                0                       0
<TOTAL-COSTS>                                   14,179                  12,159
<OTHER-EXPENSES>                                 2,655                   2,397
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                 139                     190
<INCOME-PRETAX>                                  (385)                 (1,101)
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                                  0                       0
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                     (385)                 (1,101)
<EPS-PRIMARY>                                   (0.27)                  (0.71)
<EPS-DILUTED>                                   (0.13)                  (0.36)
        

</TABLE>
Order entered August 26, 2020

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-20-00386-CR

No. 05-20-00416-CR

BASHON ANTHONY SHULER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 3

Dallas County, Texas

Trial Court Cause Nos. F18-31754-J & F18-31753-J

ORDER

The reporter’s record was due on July 9, 2020. When it was not filed, we 

notified court reporter Kimberly Xavier by postcard dated July 13, 2020 and 

directed her to file the reporter’s record by August 12, 2020. To date, the record 

has not been filed and we have had no further communication from Ms. Xavier 

regarding these appeals.
We ORDER court reporter Kimberly Xavier to file the complete reporter’s 

record in these appeals within TWENTY DAYS OF THE DATE OF THIS 

ORDER. We caution Ms. Xavier that the failure to do so will result in the Court 

taking whatever action it deems appropriate to ensure that these appeals proceed in 

a more timely fashion.

We DIRECT the Clerk to send copies of this order to the Honorable Gracie 

Lewis, Presiding Judge, Criminal District Court No. 3; Kimberly Xavier, court 

reporter, Criminal District Court No. 3; and to counsel for all parties.

/s/ ROBERT D. BURNS, III

CHIEF JUSTICE
DUPARTNIgNT or T AIR FORCE 

HEAQOUART.cR.S UNITED $tA1-E.S'AIR FORCE:..: 

WASHINGTON, 

NOb Aq'RECS/ED.FOR 

4/1.2ELEASA: 1 JUpf-R0151' 

REPLY TO , 

ATTN OF: _di raR.> ..;=• .;.Sn . 

seteeee Review of MOL.Residuals MOL 4 PI 

Extended- Performance Flight Computer .,(U)" 

Skr-RD Yarymovych) sEp 8 is:32 

1. The 4 -Pi Extended Performance Flight .Computer is also known 

Data Computation Subsystem Group (DCSG). The DCSG consists of 

following components: 

Airborne Digital Computer; `':` 

.Laboratory Data,Adapter Unit - Auxiliary Memory- Unit 

Printer Unit 

Display: Unit 

. Keyboard Unit 

The ADC is a general purpose digital computer witha flexible data 

Processing capability and a 24K word memory Three DCSG's are tan 

rated and qualified for flight. 

• 

2. The following potential uses for the Data Computation Subsystem 

Group have been identified: 

a. Air. Force Avionics Laboratory (AFAL-AVN): Three 12311 - 4 Pi-EP 

computers with associated peripherals (3 DOSGt s) are proposed to be 

used to provide most if not all of the ground andairborne navigation 

and data processing requirement of the ICNI ":.thin thread" demonstration 

program. This equipment will also improve the AFAL posture for developing computer software and conducting tests and evaluation of the •621B1 

navigation satellite receivers. No funds have yet been identified for 

purchase of the necessary computers under the AFAL proposed effort. 

Another potential Avionics Laboratory user-is the,Teledyne'DIL (Doppler, 

Inertial, Loran) Program. 

b. So.,ee an3 Missile Systems Organization SSNMSO-SMTG): Three 

DCSG's a e :-.:opesed for' use in the Advanced Space Gui0enceProgramle 

Space PrecieieL kttitude Reference System (SPARS) development. Two 

would be leeecl in orbital tests of the SPARS and one would bOoackup. 

Present planming calls for use of three sUrplus UNIVIP,l824tS•',These, 

however, have limited memory. Use of the MOL DOSWa voida:Aermit other 

experiments to be :.rl'ormed in conjunction =with SPARS,inc , the 

measurement of he eezehis radiant profile 'for surveillance 'system alp4',1 U. 

1:41.eT 1e • 

. 

•• • .• •• 

Underwrite Your Countoes. 
3.- The users identified above are a, result of a survey:ofprdgr4msin. 

the Directorate of Space, and the Directorate of:Deveiopthent Aeronau 

4ical DI-vision and Science and TeChnolOgyDivieiCA)'.H 

MEI?, CLIar,ei, VAt. 

Tothaclogy 

- 

cf- S,;;Lco, DeS/Rtri
Exhibit 32
 Certification of Principle Executive Officer and Principle Financial Officer
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
  1.
    
    the Report fully complies with the requirements of Sections 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: February 24, 2011
    
    /s/ Deborah Wright

Deborah WrightChief Executive Officer and PresidentDate: February 24, 2011
    
    /s/ Chris McFadden

Chris McFaddenChief Financial Officer