alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
-

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.... . - ;
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Stephen J. Markman

Brian K. Zahra

Bridget M. McCormack

David F. Viviano 

Richard H. Bernstein

Joan L. Larsen, 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.

 November 17, 2016

t1110

Order 

Clerk

November 17, 2016

154039

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellant,

v SC: 154039

COA: 324856

Macomb CC: 2009-002637-FC

DWAYNE EDMUND WILSON,

Defendant-Appellee. 

_________________________________________/

On order of the Court, the application for leave to appeal the May 10, 2016 

judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral 

argument on whether to grant the application or take other action. MCR 7.305(H)(1). 

The parties shall file supplemental briefs within 42 days of the date of this order 

addressing: (1) whether MCL 750.227b(1) of the felony-firearm statute requires two 

prior convictions under this subsection to have arisen from separate criminal incidents in 

order for a third conviction under the subsection to trigger the 10-year imprisonment 

penalty; and, if not (2) whether this Court should overrule People v Stewart, 441 Mich 89 

(1992), which, in holding that the two prior convictions must have arisen from separate 

criminal incidents, relied upon People v Preuss, 436 Mich 714 (1990), the reasoning of 

which was overruled by People v Gardner, 482 Mich 41 (2008). The parties should not 

submit mere restatements of their application papers.
#### McDonnell vs. Schricker.

Practice. *Sevieto of referee's rulings as to evidence; what bill of exceptions must shoto.*

In a case tried by a referee, the admission *or*exclusion of evidence cannot be reviewed by this court, unless objections taken before the referee are renewed before the court below on a motion to confirm, or one to set aside or modify his report, and the rulings of the court preserved in a *b-ill of exceptions*containing the evidence on which the court acted.

*328APPEAL from the Circuit Court for *Earn Claire*County.

The case is sufficiently stated in the opinion. The defendant appealed.

For the appellant, a brief was filed signed by *Ilenry Cousins*and *Wm. IZ.*Iioyt, and the cause was argued orally by *Hr. Cousins.*

For the respondent, briefs were filed signed by *Henry H. Hapden*and *Wm. P. Ba/rtlett,*and the cause was argued orally by *Mr. Hmjden.*

LyoN, J.

This is an action to recover a balance claimed by the plaintiff on open mutual accounts between the parties. It was tried before a referee, who stated the accounts and found and reported a balance in favor of the plaintiff. Notice of the filing of the report was duly given, and exceptions thereto were filed on behalf of the defendant. On motion of the plaintiff, the circuit court confirmed the report, and rendered judgment for the plaintiff for the sum so reported due him. This appeal is from that judgment, and the errors assigned are all based upon alleged erroneous rulings by the referee on objections to the admission of testimony. The record before us contains no bill of exceptions; and hence, we cannot review the findings of the referee. The objections taken before the referee should have been renewed in the circuit court on the motion to confirm the report, or on a motion to set aside or modify it; and the rulings of the court thereon should have been preserved in a bill of exceptions containing the testimony upon which the court acted. In no other way can the findings of a referee be reviewed by this court. *Gilbank v.*Stephenson, 30 Wis., 155.

The record discloses no error, and hence the judgment of the circuit court must be affirmed.

*By the Court.*— Judgment affirmed.
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 203 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 203

   To restore Americans' individual liberty by striking the Federal 
                     mandate to purchase insurance.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 21, 2015

 Mr. Hatch (for himself, Mr. Alexander, Ms. Ayotte, Mr. Barrasso, Mr. 
 Blunt, Mr. Burr, Mr. Cochran, Ms. Collins, Mr. Cornyn, Mrs. Fischer, 
  Mr. Grassley, Mr. Inhofe, Mr. Isakson, Mr. Kirk, Ms. Murkowski, Mr. 
Portman, Mr. Risch, Mr. Roberts, Mr. Rubio, Mr. Thune, Mr. Wicker, and 
  Mr. Coats) introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
   To restore Americans' individual liberty by striking the Federal 
                     mandate to purchase insurance.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Liberty Restoration Act''.

SEC. 2. RESTORING INDIVIDUAL LIBERTY.

    Sections 1501 and 1502 and subsections (a), (b), (c), and (d) of 
section 10106 of the Patient Protection and Affordable Care Act (and 
the amendments made by such sections and subsections) are repealed and 
the Internal Revenue Code of 1986 shall be applied and administered as 
if such provisions and amendments had never been enacted.
                                 <all>
```
II 

117TH CONGRESS 

1ST SESSION S. 2097 

To amend the Internal Revenue Code of 1986 to make permanent the permissible first-dollar coverage of telehealth services for purposes of health 

savings accounts. 

IN THE SENATE OF THE UNITED STATES 

JUNE 17, 2021 

Mr. KENNEDY introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to make 

permanent the permissible first-dollar coverage of telehealth services for purposes of health savings accounts. 

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 ‘‘Telemedicine Every5 where Lifting Everyone’s Healthcare Experience And 

6 Long Term Health HSA Act of 2021’’ or the ‘‘TELE7 HEALTH HSA Act of 2021’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 2097 IS

1 SEC. 2. PERMANENT EXEMPTION FOR TELEHEALTH SERV2 ICES. 

3 (a) IN GENERAL.—Subparagraph (E) of section 

4 223(c)(2) of the Internal Revenue Code of 1986 is amend5 ed by striking ‘‘In the case of plan years beginning on 

6 or before December 31, 2021, a plan’’ and inserting ‘‘A 

7 plan’’. 

8 (b) CONFORMING AMENDMENT.—Clause (ii) of sec9 tion 223(c)(1)(B) of the Internal Revenue Code of 1986 

10 is amended by striking ‘‘(in the case of plan years begin11 ning on or before December 31, 2021)’’. 

12 (c) EFFECTIVE DATE.—The amendments made by 

13 this section shall apply to plan years beginning after De14 cember 31, 2021. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
<PAGE>   1


                                   EXHIBIT 12

                                JumboSports Inc.
                Statements of Ratio of Earnings to Fixed Charges
                        (in thousands except ratio data)






<TABLE>
<CAPTION>
                                         Fiscal      Fiscal      Fiscal      Fiscal       Fiscal
                                          1992       1993         1994        1995        1996
                                        -------     -------     -------     -------     --------
<S>                                     <C>         <C>         <C>         <C>         <C>      
Earning (loss) before tax               $ 8,676     $18,417     $25,670     $10,971     $(48,419)

Fixed charges:
   Interest                               3,395       1,896       6,790      13,890       20,092
   Interest portion of rent expense       1,232       1,818       3,045       3,956        1,214
                                        -------     -------     -------     -------     --------

Total fixed charges                       4,627       3,714       9,835      17,846       21,306
                                        -------     -------     -------     -------     --------

Earnings plus fixed charges             $13,303     $22,131     $35,505     $28,817     $(27,113)
                                        =======     =======     =======     =======     ========

Earnings plus fixed charges
   to fixed charges                        2.88        5.96        3.61        1.61          N/M
                                        =======     =======     =======     =======     ========


N/M  -  not meaningful

</TABLE>







                                      E-19
* Local Rule 47.5 provides: "The publication of opinions

that have no precedential value and merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that Rule, the court has determined that this opinion should not be published.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________ No. 95-50162 Conference Calendar

__________________
UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus CURTIS MODKINS, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. CR-W-91-86-1

- - - - - - - - - - August 24, 1995
Before KING, JOLLY, and WIENER, Circuit Judges.
PER CURIAM: * Court-appointed counsel for Curtis Modkins has filed a brief

as required by Anders v. California , 386 U.S. 738, 744, (1967), and

we have independently reviewed counsel's brief and the record, and found no nonfrivolous issue. Accordingly, counsel is excused from further responsibilities herein and the APPEAL IS DISMISSED.
<PAGE>

                                                                    Exhibit 23.2

                       CONSENT OF INDEPENDENT ACCOUNTANTS

   We hereby consent to the use in this Registration Statement on Form S-1 of
our report dated March 5, 1999, except for Note 17 for which the date is June
25, 1999, relating to the consolidated financial statements of Voyager.net,
Inc., and our reports dated April 28, 1999 on our audits of Freeway, Inc.,
EXEC-PC, Inc. and Netlink Systems, L.L.C. and our report dated June 9, 1999 on
our audit of GDR Enterprises, Inc. which appear in such Registration Statement.
We also consent to the use of our report dated May 3, 1999 on the Financial
Statement Schedule for the three years ended December 31, 1998 listed under
Item 16(b) of this Registration Statement when such schedule is read in
conjunction with the financial statements referred to in our report. We also
consent to the references to us under the heading "Experts" in such
Registration Statement.

                                            /s/ PricewaterhouseCoopers LLP

Grand Rapids, Michigan

June 30, 1999
<PAGE>
 
                                                                    Exhibit 12.2

                                                                                
                                  XTRA, INC.
           STATEMENT OF THE CALCULATION OF EARNINGS TO FIXED CHARGES
               For the six months ended March 31, 1999 and 1998

                             (Millions of dollars)

                                  (Unaudited)


<TABLE> 
<CAPTION> 
                                                               1999          1998
                                                            ----------    ----------
<S>                                                          <C>           <C> 
EARNINGS
Income from operations before provision for income taxes      $     15      $     48
  Add: Fixed charges (below)                                        28            30
                                                              --------      --------
                                                              $     43      $     78
                                                              ========      ========
FIXED CHARGES                                                 $     28      $     30
                                                              ========      ========
Ratio of Earnings to Fixed Charges                                 1.5           2.6
                                                              ========      ========
</TABLE> 

Note:  For purposes of computing the ratio of earnings to fixed charges,
       earnings represent income from operations before taxes plus fixed
       charges. Fixed charges for operations consist of interest on indebtedness
       and the portion of rental expense which represents interest.

       Exclusive of the $35 million of one-time charges recorded in the six
       months ended March 31, 1999, the ratio of earnings to fixed charges would
       have been 2.8.
## Intermountain West and Pacific Northw **est Environmental A** **dvocates**

April 6, 2014

The Honorable Janet McCabe Assistant Administrator for Air and Radiation US Environmental Protection Agency 1200 Pennsylvania Avenue, N. W. Wa shington, DC 20460 The Honorable Joseph Goffman Senior Counsel to the Assistant Administrator for Air and Radiation US Environmental Protection Agency 1200 Pennsylvania Avenue, N. W. Wa shington, DC 20460 The Honorable Shaun McGrath EPA Region Eight Administrator 1595 Wy nk oop St. Denver, CO 80202

- 1129 The Honorable Dennis McLerra n EPA Region Ten Administrator 1200 Sixth Avenue, Suite 900 Seattle, WA 98101
Dear Madam and Sirs: The undersigned organizations appreci ate the challenge s facing the President, EPA and State air and uti l ity regulators in proposing to regulate and abate greenhouse gas emissions from existing power plants under Section 111(d) of the Clean Air Act. We share a strong interest in identifying a coordinated compliance pathway for the interconnecte d Pacific Northwest and Intermountain W est states , and perhaps beyond

. Among the reasons for promoting coordination among states in our region is the particular architecture of our regional electrical power system , which involves sources in the Intermount ain We st export ing substantial quantities of power to loads in the Pacific Northwest. In addition, we seek an outcome that achieves the necessary steep reductions in power plant emissions , consistent with what climate science demands to urgently arrest and reverse the mounting and perilous quantities of greenhouse gases accumulating in the earth’s atmosphere. It is incu mbent upon all of us to achieve those reductions in a cost

- efficient manner fo r our region’s consumers and communities.Several different approaches are available to achieve these objectives. The attached Wh ite Paper, prepared fo r Natural Resources Defense Council, discusses how different approaches might function within our region

. The White Paper introduces the concept of “multilateral State

-to

- State agreements” as one approach to coordination across the states in our region. W hile we remain open to a variety of different approaches, we encourage EPA to consider the approach that the W hite Paper presents and to reserve flexibility in the draft rule to accommodate such state

- to

- state agreements. Weare happy to continue discussing this and other concepts that will enable a rigorous, fair, economical and effective 111(d) rule.
Sincerely,

Climate Solutions Environment Oregon Environment Washington, Idaho Conservation League Montana Environmental Information Center Natural Resources Defense Council Northwest Energy Coalition Oregon Environmental Council Powder River Basin Resource Council Renewable Northwest Project Snake River Alliance Utah Clean Energy Wa shington Environmental Council We stern Resource Advocates
Exhibit 10.1


 


October 23, 2008


 


CONFIDENTIAL


 


Dear Tamara:


 


Favrille, Inc. (the “Company”) values the contributions that you
have made to date, and we feel that you are a vital part of the team charged
with executing the proposed merger of the Company.


 


The Company wishes to continue to retain your services and to
incentivize you to continue as an employee for as long as the Company currently
anticipates that it will need your services. 
We recognize that such continued service is likely to result in you delaying
and/or foregoing other employment opportunities.  Accordingly, if you remain employed with the
Company through December 1, 2008,
the Company will pay you a retention bonus in the form of an enhancement of
your base salary by fifty percent (50%) from June 7, 2008 through December 1, 2008. (An extension from November 1,
2008, per the previous letter agreement dated September 26, 2008). The
bonus will be paid to you on the Company’s standard payroll dates, beginning June 30,
2008. This retention bonus is in addition to any other form or amount of
compensation that you are eligible to receive pursuant to any other arrangement
with the Company.


 


This agreement does not change the nature of your employment or alter
the other terms of your employment agreement with the Company as set forth in
the Employment Agreement dated January 6, 2005, between you and the
Company.  You will continue to be bound
by the Company’s policies.  This
agreement constitutes the full and complete expression of our arrangement with respect
to the bonus described herein and supersedes any prior oral commitments or
representations.  This agreement cannot
be modified except by a written instrument approved and signed by both you and
the Company’s Chief Executive Officer.


 


Sincerely,


 


	
  /s/ John P. Longenecker

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  John P. Longenecker, Ph.D.

  	
   

  	
   

  
	
  President and Chief Executive Officer

  	
   

  	
   

  



 


 


Accepted:


 


 


	
  /s/ Tamara A. Seymour

  	
   

  	
  Date:

  	
  October 24, 2008

  
	
  Tamara A. Seymour
##### 



Exhibit 11
 North Fork Bancorporation, Inc.
 COMPUTATION OF NET INCOME PER COMMON AND COMMON EQUIVALENT SHARE
June 30, 2005
(unaudited)
 Three Months Ended
    
    Six Months Ended(dollars in thousands, except per share amounts)
    
    June 30, 2005
    
    June 30, 2004
    
    June 30, 2005
    
    June 30, 2004Net Income
    
    $
    242,066
    
    
    $
    108,999
    
    
    $
    501,101
    
    
    $
    211,518Common and Common Equivalent Shares:Weighted Average Common Shares Outstanding
    
    
    469,413
    
    
    
    236,984
    
    
    
    467,953
    
    
    
    229,734Weighted Average Common Equivalent Shares
    
    
    5,496
    
    
    
    3,490
    
    
    
    6,165
    
    
    
    3,872Weighted Average Common and Common Equivalent Shares
    
    
    474,909
    
    
    
    240,474
    
    
    
    474,118
    
    
    
    233,606Net Income
per Common Share  Basic
    
    $
    .52
    
    
    $
    .46
    
    
    $
    1.07
    
    
    $
    .92Net Income
per Common and Common Equivalent Share 
Diluted
    
    $
    .51
    
    
    $
    .45
    
    
    $
    1.06
    
    
    $
    .91
##### 



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 Advanced Neuromodulation
Systems, Inc. (the Company) on Form 10-Q for the period ending September 30,
2004, as filed with the Securities and Exchange Commission on the date hereof
(the Report), I, Christopher G. Chavez, Chief Executive Officer of the
Company, certify to the best of my knowledge and in my capacity as an officer
of the Company, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 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, as amended; and 2. The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company as of the dates and for the periods expressed in the Report. IN WITNESS WHEREOF, the undersigned has executed this Certificate,
effective as of November 8, 2004. /s/Christopher G. ChavezName:
    Christopher G. ChavezTitle:
    Chief Executive Officer