alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
August 10, 2016

In accordance with the enclosed Memorandum Opinion, below is the judgment in the numbered cause set out herein to be entered in the Minutes of this Court as of the 10th day of August, 2016.

10-15-00074-CR	JESSE DEAN CONTRERAS v. THE STATE OF TEXAS - ON APPEAL FROM THE 40TH DISTRICT COURT OF ELLIS COUNTY - TRIAL COURT NO. 38209CR - AFFIRMED AS MODIFIED - Memorandum Opinion by Justice Davis:

“This cause came on to be heard on the transcript of the record, and the same being considered, because it is the opinion of this Court that there was error in reciting in the judgment, the judgment is reformed to reflect a correction of the conviction of the offense in Health and Safety Code section 481.121(a), (b)(3).  It is therefore ordered, adjudged and decreed by the Court that, as reformed, the judgment be affirmed, and that the appellant pay all costs in this behalf expended and that this decision be certified below for observance.”

# image1.png
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

 NOVEMBER 17, 2010

JOHN LEY

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 09-15425

________________________

D. C. Docket No. 07-00533-CV-CAP-1

BLUE CROSS AND BLUE SHIELD ASSOCIATION,

Plaintiff-Appellant,

versus

WILLIAM JOSEPH COX,

Defendant-Appellee.

________________________

Appeal from the United States District Court

for the Northern District of Georgia

_________________________

(November 17, 2010)

Before BARKETT, MARTIN and HILL, Circuit Judges.

PER CURIAM:

Appellant Blue Cross and Blue Shield Association (“BCBSA”) asks this

Court, in accordance with the settlement agreement of the parties, to vacate the
September 23, 2009 Summary Judgment entered in favor of Appellee William

Joseph Cox. Because of the exceptional circumstances of this case, we VACATE

1

the Judgment pursuant to 28 U.S.C. § 2106. See U.S. Bancorp Mortg. Co. v.

Bonner Mall P’ship, 513 U.S. 18, 29 (1994). Thus, we DISMISS the appeal as

moot, pursuant to the parties’ settlement agreement.

 Unexpected developments make it unlikely that full counseling would be available to 1

the court if litigation continues in this case. The possible preclusive effect if the case remains is

undesirable under these circumstances.

2
Exhibit23.1

 

Consent of Independent Auditors

 

The Partners of 

Star Gas Partners, L.P.: 

 

We consent to incorporation by reference in the registration statements Nos. 333-57994 and 333-100976 on Form S-3, No. 333-49751 on Form S-4 and Nos.333-40138, 333-46714 and 333-53716 on Form S-8 of Star Gas Partners, L.P. of our report dated November 26, 2002, except as to Note 20, which is as of February 3, 2003, relating to the consolidated balance sheets of Star Gas Partners, L.P. andSubsidiaries as of September 30, 2001 and 2002 and the related consolidated statements of operations, comprehensive income, partners’ capital and cash flows for each of the years in the three-year period ended September 30, 2002 and relatedschedule, which report appears in the September 30, 2002 annual report on Form 10-K/A of Star Gas Partners, L.P. 

 

/s/ KPMG LLP 

Stamford, Connecticut

May 8, 2003
----

| (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. |
|------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:  November 15, 2010 | By:    | /s/  Kyle Kennedy                                                                                                    |   |
|-------------------------------------|--------|---------------------------------------------------------------------------------------------------------------------------|--------|
|                                |   | Kyle Kennedy                                                                                                              |   |
|                                |   | President,Chief Executive Officer and Chairman of the Board(Principal Executive Officer and Principal Accounting Officer) |   |
**EXHIBIT 32.1** **Certification    Pursuant to Section 906 of the Sarbanes-Oxley Act of    2002.**     I, Michael L. Chasen, Chief Executive Officer of Blackboard Inc.    (the “Company”), do hereby certify, under the    standards set forth in and solely for the purposes of    18 U.S.C. Section 1350, as adopted pursuant to    Section 906 of the Sarbanes-Oxley Act of 2002, to my    knowledge that:     1. The Quarterly Report on    Form 10-Q    of the Company for the period ended June 30, 2007 (the    “Quarterly 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 Quarterly Report fairly    presents, in all material respects, the financial condition and    results of operations of the Company. /s/  Michael    L. Chasen    Michael L. Chasen    Chief Executive Officer     Dated: August 7, 2007
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 05-1119

DONALD X. KIDD,

Plaintiff - Appellant,

versus

GREYHOUND LINES, INCORPORATED,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern

District of Virginia, at Richmond. Dennis W. Dohnal, Magistrate

Judge. (CA-04-277)

Submitted: June 8, 2005 Decided: June 22, 2005

Before WILKINSON, WILLIAMS, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Donald X. Kidd, Appellant Pro Se. Karla Grossenbacher, Annamaria

Locsin Nields, SEYFARTH SHAW, Washington, D.C., for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
*

The case was decided by a magistrate judge with the parties’

consent. See 28 U.S.C. § 636(c) (2000).

- 2 -

PER CURIAM:

Donald X. Kidd appeals the district court’s order*

granting summary judgment to the Defendant on his claims of

employment discrimination and retaliation based on race, sex,

religion, and disability, under Title VII of the Civil Rights Act

of 1964, 42 U.S.C. §§ 2000e to 2000e-17 (2000), and the Americans

with Disabilities Act, 42 U.S.C. §§ 12101 to 12213 (2000). We have

reviewed the record and find no reversible error. Accordingly, we

affirm for the reasons stated by the district court. See Kidd v.

Greyhound Lines, Inc., No. CA-04-277 (E.D. Va. Jan. 20, 2005). 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.

AFFIRMED
##### 



Exhibit 23.1 INDEPENDENT AUDITORS CONSENT The Board of Directors
Doane Pet Care Company: We consent to the incorporation by reference in the registration statements
(Nos. 333-43643 and 333-70759) on Form S-3 and in the registration
statements (Nos. 333-104767, 333-104767-01 and 333-104767-02) on Form
S-2 of Doane Pet Care Company of our report
dated February 25, 2004, except as to Note 6, which is as of March 9, 2004,
with respect to the consolidated financial statements of Doane Pet Care Company
and Subsidiaries as of December 28, 2002 and January 3, 2004 and the related
consolidated statements of operations, stockholders equity and comprehensive
income (loss), and cash flows for each of the years in the three-year period
ended January 3, 2004, which report is included in the Annual Report of Doane
Pet Care Company on Form 10-K for the year ended January 3, 2004. Our report
refers to a change in accounting for goodwill and other intangible assets in
fiscal 2002. /s/ KPMG LLP Nashville, Tennessee
March 9, 2004
<PAGE>

Exhibit 32.1

         Certification of Chief Executive Officer pursuant to Sec. 906

In connection with the Quarterly Report of Debt Resolve, Inc.(the "Company") on
Form 10-QSB for the quarter ended September 30, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, James
D. Burchetta, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of
2002, that:

1.   The Report fully complies with the requirements of Sections 13(a) or 15(d)
     of the Securities Exchange Act of 1934; and

2.   Information contained in the Report fairly presents, in all material
     respects, the financial condition and results of operations of the Company.

Date: October 15, 2004                    /s/ JAMES D. BURCHETTA
                                        ------------------------------
                                            James D. Burchetta
                                            Chief Executive Officer

         Certification of Chief Financial Officer pursuant to Sec. 906

In connection with the Quarterly Report of Debt Resolve, Inc.(the "Company") on
Form 10-QSB for the quarter ended September 30, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, John M.
Porta, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of 2002,
that:

     1. The Report fully complies with the requirements of Sections 13(a) or
        15(d) of the Securities Exchange Act of 1934; and

     2. Information contained in the Report fairly presents, in all material
        respects, the financial condition and results of operations of the
        Company.

Date: October 15, 2004                    /s/ JOHN M. PORTA
                                        -------------------------------
                                            John M. Porta
                                            Chief Financial Officer
Exhibit 31.a

I, John P. Manning, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Boston Capital Tax Credit Fund II Limited Partnership;
2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;
3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;
4. The registrant's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:



1. designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
2. evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and
3. disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and



1. The registrant's other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's auditors and the audit committee of the registrant's board of directors (or persons performing the equivalent functions):



1. all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant's ability to record, process, summarize and report financial information; and
2. any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal control over financial reporting.





|Date: August 22, 2005 | /s/ John P. Manning        
|--------------------- | ---------------------------
|                      | John P. Manning            
|                      | Principal Executive Officer
<PAGE>   1



                                                                    EXHIBIT 23.1

               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statement (Form
S-8 No. 333-88869) pertaining to the Illuminet Holdings, Inc. 1997 Equity
Incentive Plan and the Illuminet Holdings, Inc. 1999 Stock Purchase Plan of our
reports dated January 20, 2000, with respect to the consolidated financial
statements and schedule of Illuminet Holdings, Inc. included in the Annual
Report (Form 10-K) for the year ended December 31, 1999.

                                      ERNST & YOUNG LLP

Seattle, Washington
March 14, 2000






                                      E-2
MD Filed by Filing Services Canada Inc.  (403) 717-3898


 

SENTRY PETROLEUM LTD. 

SHARE OPTION PLAN 

February 28, 2009

 

OPTION COMMITMENT 

 

Notice is hereby given that, effective this 28th day of February, 2009 (the “Effective Date”) SENTRY PETROLEUM LTD. (the “Company”) has granted to Alexander Belford, an Option to acquire 100,000 Common Shares (“Optioned Shares”) up to 5:00 p.m. Pacific time on the 28th day of February, 2014 (the “Expiry Date”) at a Exercise Price of US$1.04 per share. Optioned Shares may be acquired as follows: 

			
	 

	(a) 

	1/3 of the total number of Optioned Shares granted will vest twelve months after the Effective Date;


	 

	 

	 


	 

	(b) 

	a further 1/3 of the total number of Optioned Shares granted will vest 24 months after the Effective Date; and


	 

	 

	 


	 

	(c) 

	the remaining 1/3 of the total number of Optioned Shares granted will vest 36 months after the Effective Date.




The grant of the Optioned Shares evidenced hereby is made subject to the terms and conditions of the Company’s Share Option Plan, the terms and conditions of which are hereby incorporated in this Option Commitment. 

To exercise your Option, deliver to the Company at its then principal business office, a written notice specifying the number of Optioned Shares you wish to acquire, together with cash or a certified cheque payable to the Company for the aggregate Exercise Price. A certificate for the Optioned Shares so acquired will be issued by the transfer agent as soon as practicable thereafter and will bear a legend stipulating any resale restrictions required under applicable securities laws. 

 

SENTRY PETROLEUM LTD. 



President 





I hereby acknowledge receipt of a copy of the Plan and agree to be bound by the terms of the Plan. This commitment supersedes any prior Option or commitment made to me. 

  

OPTIONEE 

__ALEXANDER BELFORD ___________________

Name:       __ Alexander Belford               __________

Address:    __________________________________

                 __________________________________
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4074 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4074

 To amend the Internal Revenue Code of 1986 to eliminate the temporary 
                     increase in unemployment tax.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 16, 2009

 Mr. Burgess introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
 To amend the Internal Revenue Code of 1986 to eliminate the temporary 
                     increase in unemployment tax.

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

SECTION 1. REPEAL OF TEMPORARY INCREASE IN UNEMPLOYMENT TAX.

    (a) In General.--Section 3301 of the Internal Revenue Code of 1986 
is amended by striking ``equal to--'' and all that follows through ``of 
the total wages'' and inserting the following: ``equal to 6.0 percent 
of the total wages''.
    (b) Effective Date.--The amendment made by this section shall apply 
to wages paid during months beginning after the date of the enactment 
of this Act.
                                 <all>
```
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Section 5. Unavoidable equipment malfunction. 

### (a) Unavoidable EquipmentMalfunction. (i) Any source believing that any emissions in excess ofestablished regulation limits or standards resulted from an unavoidable equipment malfunction shall notify the Division within 24 hours ofthe incident via telephone, electronic mail, fax, or other similar method. A detailed description ofthe circumstances ofthe incident as described in paragraph 5(a)(i)(A) ofthis section, including a correctiveprogram directed at preventing future such incidents, must be submitted within 14 

### days ofthe unset ofthe incident. (A) In the incident report noted above, the source shall include any relevant evidence, including, but not necessarilylimited to, evidence that (1) there was an equipment malfunction beyond the reasonable control ofthe owner oroperator; (2) the excess emissions could not have been avoided bybetter operation,maintenance or improved design ofthe malfunctioning component; (3) to the maximum extent practicable, the source maintained and operated the air. pollution control equipment and process equipment, in a maIiner consistent with good practice for minimizing emissions, including minimizing any bypass emissions; (4) any necessaryrepairs were made as quickly as practicable, using off-shift labor and overtime as needed and possible; (5) all practicable steps were taken to minimize the potentia) impact ofthe excess emissions on ambient air quality; and (6) the excess emissions are notpart ofa recurring pattern that mayhave been caused by inadequate operation or maintenance, orinadequate design of the malfunctioning component. (ii) The burden'ofproofis on the owner or operator ofthe source to provide sufficient information to demonstrate that an unavoidable equipment malfunction occurred. (b) 

### EnforcementDiscretion. (i) The Division may elect not to pursue enforcement after considering whether excess emissions resulted from an unavoidable equipment malfunction. The Division will evaluate, on a case-by-case basis, the information submitted pursuant to paragraph (a)(i)(A) ofthis section to determine whether to pursue enforcement action. TheAdministratormay extend the 14-day time period for the submission ofthe incident report for cause.

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