alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### State vs. Emmett.

*Caption no part of indictment*— Allegations *necessary to show offense committed iefore indictment found.*

1. Tlie caption is no part of an indictment, and may be amended so as to conform to the records of the term.

2. An indictment for selling liquor without license on a certain day, which appeared by the caption to have been found on that day, charged that the accused “ did unlawfully vend,” etc. *Seld,*that this sufficiently showed that the offense was committed before indictment *found;*and it was not necessary to so formally allege.

CERTIFIED from the Circuit Court for *Racine*County.

*Paine <& Millett,*for defendant.

*John C.*Spooner, Assistant Attorney General, for the state.

*633Cole, J.

This cause was certified to this court by the circuit judge, for our decision upon the points made in the motion to arrest judgment.

The first point taken in the motion is, that it appears, from the caption of the indictment, that the offense therein charged was committed after the finding and presentation of the same by the grand jury. By the caption, the indictment purports to have been found on the 9th day of October, and the offense charged is for selling liquor on that day without a license. The caption, however, forms no part of an indictment, or presentment of the grand jury. It is merely a formal statement of the proceedings, describing the court before which the indictment was found, and may be amended so as to conform to the records of the term. 1 Chitty’s Crim. Law, 326, and cases cited in notes; 1 Archb. Crim. Plead., Waterman’s Notes, p. 255. The plain import of this indictment is, that the offense was committed before the finding of the bill. It charges that the defendant *“*did unlawfully vend and sell,” etc., implying that the offense had been already committed. A like objection was taken in the case of the *State v.*Pratt, 14 N. H. 456, and overruled.

The other ground relied on, upon the motion in arrest, was, that it did not appear, from the body of the indictment, that the offense therein alleged to have been committed was committed before the finding and presentment thereof by the grand jury. In the case above cited, it is said, that it is unnecessary to allege in terms that the offense was committed before the finding of the bill, if such be the plain import of the indictment. We have already said that the plain, obvious import of this indictment was, that the offense was committed before the bill was found.

*'■By the Court.*— The cause must be certified back, with directions to the circuit court to overrule the motion, and proceed and render judgment on the verdict.
<PAGE>
                                                                   Exhibit 10.21

June 14, 2002

Mr. Frederick R. Fromm
c/o Oplink Communications, Inc.
3469 North First Street
San Jose, California 95134

Dear Mr. Fromm:

This Letter Amendment amends the terms of your employment letter agreement with
Oplink Communications, Inc. (the "Company") dated November 7, 2001 (the
"Employment Agreement").

Paragraph 3(f) of the Employment Agreement is amended and restated in its
entirety as follows:

     (f) Severance. Effective following the Annual Meeting, if you are
terminated without "Cause" during your employment with the Company, (1) the
Company will make severance payments to you in the form of continuation of your
base salary for a period of 12 months from the date of termination (subject to
applicable payroll deductions and required withholdings), (2) to the extent
provided by federal COBRA law and the Company's current group health insurance
policies, you will be eligible to continue your group health insurance benefits
(later, you may be able to convert to an individual policy through the provider
of the Company's health insurance, if you wish) and (3) the Company will, if you
timely elect continued coverage under COBRA, pay your COBRA premium for up to
eighteen (18) months of coverage; provided, with respect to each of clauses (1),
(2) and (3), that you provide the Company with a general release and waiver of
claims in a form reasonably acceptable to the Company and provided that you have
not otherwise materially breached your proprietary information agreement with
the Company.

If you accept the amendment to your Employment Agreement as set forth herein,
please sign and date the attached copy of this Letter Amendment and return that
copy to me.

Very truly yours,

----------------------
Joseph Y. Liu
Chairman of the Board of Directors


Agreed:

------------------------
Frederick R. Fromm
Exhibit 32.1

                    Certification of Chief Executive Officer
                           Pursuant to 18 U.S.C. 1350
                 (Section 906 of the Sarbanes-Oxley Act of 2002)

         I, Dr. George Rozakis,  Chief Executive Officer of Implantable  Vision,
Inc. (the "Registrant"),  do hereby certify,  pursuant to 18 U.S.C. Section 1350
as adopted  pursuant to Section  906 of the  Sarbanes-Oxley  Act of 2002,  that,
based upon a review of the Quarterly  Report on Form 10-QSB for the period ended
October 31, 2007 of the  Registrant,  as filed with the  Securities and Exchange
Commission on the date hereof (the "Report"):

         (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
Registrant.


                                        By: /s/ Dr. George Rozakis
                                            ---------------------------------
                                        Name:   Dr. George Rozakis
                                        Title:  Chief Executive Officer

December 17, 2007

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



         This  certification  accompanies each Report pursuant to ss. 906 of the
Sarbanes-Oxley  Act of 2002 and shall not,  except to the extent required by the
Sarbanes-Oxley  Act of 2002, be deemed filed by the  Registrant  for purposes of
ss.18 of the Securities Exchange Act of 1934, as amended.

         A signed original of this written statement required by Section 906 has
been  provided to the  Registrant  and will be retained  by the  Registrant  and
furnished to the Securities and Exchange Commission or its staff upon request.
#### Commonwealth v. Harker

October 22, 1984

*Paul Millin,*for petitioner.

WOLFE, *P.J.,*

On August 11, 1984, defendant was issued a citation by the Pennsylvania State Police for violation of Section 3711 (a) of the Motor Vehicle Act, (75 Pa.C.S. §3711):

Unauthorized Persons and Devices Hanging on Vehicles

(a) GENERAL RULE — No person shall hang onto or ride on the outside or the rear end of any vehicle and no person on a pedalcycle, motorcycle, roller skates, sled or any similar device, shall hold fast to or attach the device to any moving vehicle, and no operator of a vehicle or streetcar shall knowingly permit any person to hang onto or ride on the outside or rear end of the vehicle or streetcar operated, or allow any person on a pedalcycle, motorcycle, roller skates, sled or any similar device to hold fast or attach the device to the vehicle or streetcar operated on any highway”.

On the date of August 11, 1984, defendant was operating his vehicle on a public road. Defendant’s 14-year old son was seated at the passenger side of *517the vehicle and was holding a spotlight out of the window for the purpose of spotting deer. As the police vehicle approached defendant’s vehicle the officer testified he observed a figure leaning over the roof with a spotlight from the passenger door. The officer stated the figure’s upper part of the body was out of the window. When the officer stopped the vehicle he learned the figure was the son of defendant and therefore cited defendant for a violation of Section 3711.

This appeal is before us de novo after conviction in the district magistrate court and we reverse.

In DeGregorio et al. v. Malloy, 356 Pa. 511, 52 A. 2d 195 (1927) the court held in interpreting section 3711 the legislature intended and it was its purpose to prevent injuries to trespassing persons. Harris v. Seizatch, 336 Pa. 294, 9 A.2d 375 (1939).

In the instant case defendant’s son was not hanging onto or riding on the outside of defendant’s vehicle nor was he holding fast to or attached to defendant’s vehicle. There is no testimony the son was in danger of falling from the vehicle in the manner in which he was spotlighting the deer.

For these reasons we enter the following

ORDER

And now, this October 22, 1984, the conviction of defendant is reversed. Costs to be paid by Forest County.
**Exhibit 24.4**

 

**POWER OF ATTORNEY**

 

KNOW ALL MEN BYTHESE PRESENTS, that the undersigned hereby constitutes and appoints Robert E.Sulentic, Derek R. McClain, Arlin E. Gaffner and J. Christopher Kirk and eachof them, his true and lawful attorneys-in-fact, with full power of substitutionand resubstitution, for him and in his name, place and stead, to sign on hisbehalf, as a director or officer, or both, as the case may be, of Trammell CrowCompany, a Delaware corporation (the “Corporation”), the Corporation’s AnnualReport on Form 10-K for the year ended December 31, 2004, and to sign anyor all amendments to such Form 10-K, and to file the same, with all exhibitsthereto, and other documents in connection therewith, with the Securities andExchange Commission, granting unto said attorneys-in-fact, and each of themwith or without the others, full power and authority to do and perform each andevery act and thing requisite and necessary to be done in and about thepremises, as fully to all intents and purposes as he might or could do inperson, hereby ratifying and confirming all that each of said attorneys-in-factor their substitute or substitutes may lawfully do or cause to be done byvirtue hereof.

 

 
|   | /s/ MICHAEL  A. MOSES |   |
|--------|-----------------------|--------|
|   | Michael  A. Moses     |   |

 

----
Exhibit 23.1

Consent of Independent Registered Public Accounting Firm

We consent to the incorporation by reference in the Registration Statement (Form S-3 No. 333-68940) of Simon Property Group, L.P. and in the
related prospectus of our reports dated March 14, 2007, with respect to the consolidated financial statements and schedule of Simon Property Group, L.P. and Subsidiaries, Simon Property Group, L.P.
and Subsidiaries management's assessment of the effectiveness of internal control over financial reporting and the effectiveness of internal control over financial reporting of Simon Property Group,
L.P. and Subsidiaries included in this Annual Report (Form 10-K) for the year ended December 31, 2006.

|                                     |  | /s/ERNST & YOUNG LLP
|------------------------------------ |  | --------------------
|Indianapolis, Indiana
March 14, 2007 |  |                     

120

---



QuickLinks
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

RICHARD L. OSTRANDER, JR.,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 518 MAL 2016

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 6th day of December, 2016, the Petition for Allowance of Appeal

is DENIED.
**CERTIFICATION
      OF**


**CHIEF
      EXECUTIVE OFFICER**


**PURSUANT
      TO**


**18
      U.S.C. SECTION 1350,**


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**




I,
      Rajesh
      Raniga, Chief Finanical Officer of EYI Industries, Inc. (the “Company”), hereby
      certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
      906
      of the Sarbanes-Oxley Act of 2002, that, to the best of my
      knowledge:





|(i) | the
              Quarterly Report on Form 10-QSB of the Company, for the fiscal quarter
              ended June 30, 2007, and to which this certification is attached as
              Exhibit 32.2 (the “Report”) fully complies with the requirements of
              Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended;
              and
|--- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------




|(ii) | the
              information contained in the Report fairly presents, in all material
              respects, the financial condition and results of operations of the
              Company.
|---- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------






By:
            */s/
                Rajesh Raniga*Name:
            Rajesh
                RanigaTitle:
            Chief
                Financial OfficerDate:
            August
                16, 2007






*A
      signed original of this written statement required by Section 906 of the
      Sarbanes-Oxley Act of 2002 has been provided to the Company and will be retained
      by the Company and furnished to the Securities and Exchange Commission or its
      staff upon request.*





*This
      certification accompanies the Form 10-QSB to which it relates, is not deemed
      filed with the Securities and Exchange Commission and is not to be incorporated
      by reference into any filing of the Company under the Securities Act of 1933
      or
      the Securities Exchange Act of 1934 (whether made before or after the date
      of
      the Form 10-QSB), irrespective of any general incorporation language contained
      in such filing.*
Motion Granted and Continuing Abatement Order filed December 1, 2016

In The

Fourteenth Court of Appeals

____________

NO. 14-16-00482-CV

____________

KEN BIGHAM AND TRACY HOLLISTER, Appellants

V.

SOUTHEAST TEXAS ENVIRONMENTAL LLC, ET AL, Appellees

On Appeal from the 80th District Court

Harris County, Texas

Trial Court Cause No. 2007-55020

ABATEMENT ORDER

On November 10, 2016, we abated this case and directed the judge of the 80th 

District Court to conduct a hearing to determine the reason the reporter’s record has 

not been filed. On November 17, 2016, the parties filed a joint motion informing the 

court they have resolved their dispute. The motion states certain events must occur 

before the settlement is finalized and asked that the appeal remain abated while the 

parties finalize their agreement. 
The motion is GRANTED. We order that this appeal remain abated until 

January 17, 2017. The district court need not conduct the hearing regarding the 

reporter’s record unless notified by this court. 

The appeal remains abated until January 17, 2017. The appeal will be 

reinstated on this court’s active docket at that time, or when the parties file a motion 

to dismiss the appeal or other dispositive motion. The court will also consider an 

appropriate motion to reinstate the appeal filed by either party, or the court may 

reinstate the appeal on its own motion.

PER CURIAM
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

BRYANT JONES,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 316 WAL 2016

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 30th day of November, 2016, the Petition for Allowance of 

Appeal is DENIED.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Balance Sheet at December 31, 1997 and Income Statement for the year 
ended December 31, 1997 and is qualified in its entirety by
reference to such financial statements.
</LEGEND>
       
<S>                                    <C>
<PERIOD-TYPE>                          YEAR
<FISCAL-YEAR-END>                      DEC-31-1997
<PERIOD-END>                           DEC-31-1997
<CASH>                                 3,936
<SECURITIES>                           0
<RECEIVABLES>                          89,732
<ALLOWANCES>                           0
<INVENTORY>                            10,151
<CURRENT-ASSETS>                       103,819
<PP&E>                                 1,887
<DEPRECIATION>                         1,848
<TOTAL-ASSETS>                         238,903
<CURRENT-LIABILITIES>                  146,116
<BONDS>                                0
<PREFERRED-MANDATORY>                  0
<PREFERRED>                            0
<COMMON>                               278,792
<OTHER-SE>                             0
<TOTAL-LIABILITY-AND-EQUITY>           238,903
<SALES>                                332,677
<TOTAL-REVENUES>                       332,677
<CGS>                                  261,412
<TOTAL-COSTS>                          298,635
<OTHER-EXPENSES>                       0
<LOSS-PROVISION>                       0
<INTEREST-EXPENSE>                     25,098
<INCOME-PRETAX>                        (227,370)
<INCOME-TAX>                           0
<INCOME-CONTINUING>                    0
<DISCONTINUED>                         0
<EXTRAORDINARY>                        0
<CHANGES>                              0
<NET-INCOME>                           (227,370)
<EPS-PRIMARY>                          (0.02)
<EPS-DILUTED>                          (0.02)

        

</TABLE>
2ST H DISTRIC T

JO E SCARNAT i SENAT KBO X 2030a S HARRICBURa , P A171SO-302 9

717-787-708 4 FAX : 717-772-27» » www.senatorscarnali.co m 

## ^vV^ef««i^^"*^^ ^

v<> ^ ^
. DISTRIC TOFFICE S



## Senat e o f |^£rtnBi|luitnta
Jul y22 , 201 0 WARRE N OFFICE : 31 9 SECON D AVENUE , SUIT E 20 3 WARREN , P Ai«3a a 8l4-7as-720 l FAX ; B f 4-726-701 2 BROCKWA V OFFICE : a i O MAI N STREE T BROCKWAV , P A1582 4 814-268-203 0 FAX : a 14-268-204 0 WELLSBOR O OFFICE ; S MAI N STREE T WELLSBORO , P A1690 1 570-7Z4-S23 I FAX : B70-723-B 1 1 9 TOL L FRCe : 1-877-787-708 4
Denni s DeVan y Essentia l Ai rServic e Division , X-5 3 S'* " Floo rWes t Offic e o f Aviatio n Analysi s DOT , 120 0 Ne wJerse yAvenue , S.E
. Washingto n D C 2059 0 Dea rMr
. DeVany : I a m writin g t o expres s m ysuppor t fo rth e Clearfield-Jefferso n Countie s Regiona l Airpor t tr j Authorit yi n it s reques t fo rapprova l o f Optio n One , a s submitte d b yGulfstrea m Internationa l Airlmes
. Sai d optio n woul d incorporat e wrappin g Frankli n (FKL ) servic e wit h DuBoi s Regiona l Airpor t (DUJ ) fo r fou rweekda yroundtrip s fo rDUJ an d woul d bes t sui t th e need s o f customer s i n th e surroundin g Tri Count yarea . A s Gulfstrea m mentione d i n thei rproposal , th e Marcellu s Shal e gas industryi n 201 0 wil l b e responsibl e fo raddin g $8. 2 billio n t o Pennsylvania' s econom yalon g wit h a n estimate d 107,00 0 jobs
. Wit h tha t bein g said , th e gas industr yi s veryplease d t o have th e convenien t access betwee n thei r Housto n office s an d ou rregio n vi a th e DU J an d FK L airport s serve d byth e Continenta l Connection
. Moreover , th e increase d frequenc yallowe d bywrappin g th e servic e wit h th e tw o communitie s give s th e customer s access t o th e worl d throug h ou rloca l airport s an d give s th e airlin e maximu m exposur e t o increas e passenge renplanements
. Additionally , th e excellen t servic e an d performanc e Gulfstrea m has provide d ove rth e las t tw o year s has bee n nothin g shor t o f outstanding
. I t i s wit h thes e fact s i n min d I len d m yunconditiona l suppor t an d loo k forwar d t o th e awar d o f Optio n On e a

s propose d b yGulfstream
. Thi s wil l allo wmaximu m opportunit yt o develo p ne w passengers fro m th e Marcellu s Ga s industryan d th e Tri-Count yare a ove rth e nex t two-yea rcontract
. Than k yo u fo ryou rtim e an d attentio n i n thi s importan t matter
. Sincerely , Joe Scarnat i Stat e Senator-25"' Distric t . ^ - JBS/Is p
```

[Federal Register Volume 78, Number 32 (Friday, February 15, 2013)]
[Notices]
[Page 11179]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03774]

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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Sunshine Act Notice

AGENCY HOLDING THE MEETING: Equal Employment Opportunity Commission.

DATE AND TIME: Wednesday, February 20, 2013, 9:30 a.m. Eastern Time.

PLACE: Commission Meeting Room on the First Floor of the EEOC Office 
Building, 131 ``M'' Street, NE., Washington, DC 20507.

STATUS: Part of the meeting will be open to the public and part of the 
meeting will be closed.

MATTERS TO BE CONSIDERED: 

OPEN SESSION:

    1. Announcement of Notation Votes, and
    2. Report on Implementation of the EEOC's Strategic Plan for Fiscal 
Years 2012-2016.

CLOSED SESSION:

    Review of select pending charges, investigations, conciliations, 
litigation strategy, and federal sector matters including adjudications 
and appeals.
    NOTE: In accordance with the Sunshine Act, the open session of the 
meeting will be open to public observation of the Commission's 
deliberations and voting. The remainder of the meeting will be closed. 
Any matter not discussed or concluded may be carried over to a later 
meeting. For the open session, seating is limited and it is suggested 
that visitors arrive 30 minutes before the meeting in order to be 
processed through security and escorted to the meeting room. (In 
addition to publishing notices on EEOC Commission meetings in the 
Federal Register, the Commission also provides information about 
Commission meetings on its Web site, eeoc.gov., and provides a recorded 
announcement a week in advance on future Commission sessions.)
    Please telephone (202) 663-7100 (voice) and (202) 663-4074 (TTY) at 
any time for information on these meetings. The EEOC provides sign 
language interpretation and Communication Access Realtime Translation 
(CART) services at Commission meetings for the hearing impaired. 
Requests for other reasonable accommodations may be made by using the 
voice and TTY numbers listed above.

CONTACT PERSON FOR MORE INFORMATION: Bernadette B. Wilson, Acting 
Executive Officer on (202) 663-4077.

    Dated: February 13, 2013.
Bernadette B. Wilson,
Acting Executive Officer, Executive Secretariat.
[FR Doc. 2013-03774 Filed 2-13-13; 4:15 pm]
BILLING CODE 6570-01-P
```