alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### William M. Murray, Appellant, v State of New York et al., Respondents.

[946 NYS2d 518]

Appeal from an order of the Court of Claims (Michael E. Hudson, J.), entered May 17, 2011 in a personal injury action. The order denied the motion of claimant for leave to file and serve a late notice of claim.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at the Court of Claims. Present — Smith, J.P., Fahey, Carni, Sconiers and Martoche, JJ.
Exhibit 23.1



                          INDEPENDENT AUDITORS' CONSENT

We consent to the  incorporation  by reference in Registration  Statements (Nos.
33-35941,  33-43868, 33-43866, 33-45994, 33-45142, 33-54382, 33-65125, 33-69946,
33-75088,  333-28593  and  333-80729)  of  Bentley  Pharmaceuticals,   Inc.  and
subsidiaries  (the "Company") on Form S-3 and the Registration  Statements (Nos.
33-85154, 333-72916,  333-72918 and 333-72920) of the Company on Form S-8 of our
report dated  February 26, 2003,  appearing in the Annual Report on Form 10-K of
the Company for the year ended December 31, 2002.




/s/ Deloitte & Touche LLP

Boston, Massachusetts
March 14, 2003
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1376 Introduced in Senate (IS)]

105th CONGRESS
  1st Session
                                S. 1376

  To increase the Federal medical assistance percentage for Hawaii to 
                             59.8 percent.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 5, 1997

 Mr. Akaka (for himself and Mr. Inouye) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
  To increase the Federal medical assistance percentage for Hawaii to 
                             59.8 percent.

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

SECTION 1. INCREASED FMAP FOR HAWAII.

    (a) Increased FMAP.--The first sentence of section 1905(b) of the 
Social Security Act (42 U.S.C. 1396d(b)), as amended by section 4725 of 
the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 518), is 
amended--
            (1) by striking ``and (3)'' and inserting ``, (3)''; and
            (2) by inserting before the period at the end the 
        following: ``, and (4) for purposes of this title and title 
        XXI, the Federal medical assistance percentage for Hawaii shall 
        be 59.8 percent''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to--
            (1) items and services furnished on or after October 1, 
        1997, under--
                    (A) a State plan or under a waiver of such plan 
                under title XIX; and
                    (B) a State child health plan under title XXI of 
                such Act;
            (2) payments made on a capitation or other risk-basis for 
        coverage occurring under plans under such titles on or after 
        such date; and
            (3) payments attributable to DSH allotments for Hawaii 
        determined under section 1923(f) of such Act (42 U.S.C. 1396r-
        4(f)) for fiscal years beginning with fiscal year 1998.
                                 <all>
```
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 1 of 41 PageID #:1
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 2 of 41 PageID #:2
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 3 of 41 PageID #:3
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 4 of 41 PageID #:4
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 5 of 41 PageID #:5
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 6 of 41 PageID #:6
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 7 of 41 PageID #:7
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 8 of 41 PageID #:8
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 9 of 41 PageID #:9
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 10 of 41 PageID #:10
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 11 of 41 PageID #:11
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 12 of 41 PageID #:12
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 13 of 41 PageID #:13
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 14 of 41 PageID #:14
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 15 of 41 PageID #:15
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 16 of 41 PageID #:16
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 17 of 41 PageID #:17
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 18 of 41 PageID #:18
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 19 of 41 PageID #:19
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 20 of 41 PageID #:20
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 21 of 41 PageID #:21
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 22 of 41 PageID #:22
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 23 of 41 PageID #:23
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 24 of 41 PageID #:24
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 25 of 41 PageID #:25
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 26 of 41 PageID #:26
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 27 of 41 PageID #:27
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 28 of 41 PageID #:28
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 29 of 41 PageID #:29
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 30 of 41 PageID #:30
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 31 of 41 PageID #:31
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 32 of 41 PageID #:32
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 33 of 41 PageID #:33
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 34 of 41 PageID #:34
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 35 of 41 PageID #:35
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 36 of 41 PageID #:36
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 37 of 41 PageID #:37
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 38 of 41 PageID #:38
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 39 of 41 PageID #:39
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 40 of 41 PageID #:40
Case: 1:03-cv-07910 Document #: 1 Filed: 11/06/03 Page 41 of 41 PageID #:41
1

The Honorable J. Leon Holmes, Chief Judge, United States District Court for

the Eastern District of Arkansas, adopting the report and recommendations of the

Honorable Henry L. Jones, Jr., United States Magistrate Judge for the Eastern District

of Arkansas.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 07-2080

___________

Billy Joe Henson, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the

* Eastern District of Arkansas.

L. Murray, CO-I, Maximum Security *

Unit, ADC; Barbara Montgomery, Sgt., * [UNPUBLISHED]

Maximum Security Unit, ADC; Lorie *

Taylor, Disciplinary Hearing Officer, *

ADC, *

*

Appellees. *

___________

Submitted: February 4, 2008

Filed: February 5, 2008

___________

Before BYE, SMITH, and BENTON, Circuit Judges.

___________

PER CURIAM.

Billy Henson appeals the district court’s1

 adverse grant of summary judgment

in his 42 U.S.C. § 1983 action. After carefully reviewing the record, we conclude that

summary judgment was proper. Accordingly, we affirm. See 8th Cir. R. 47B. 

______________________________
U.S. flagAn official website of the United States government
                    Here's how you know **Official websites use .gov**
                            
                            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
                            
                            A **lock** (                            
                              A locked padlock                                                      
                            
                            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.


Menu Agricultural Research Service
						
                    U.S. DEPARTMENT OF AGRICULTURE
 Wheat, Sorghum and Forage Research: Lincoln, NE
 close



    Research

                    Research Projects
                                    Publications
                                    Collaborations
                                    News
                People

                    Staff Listing
                                    CareersSearch small
                    Search
            
            ARS Home
                                About ARS
                                Contact Us




ARS Home Plains Area Lincoln, Nebraska Wheat, Sorghum and Forage Research People & Locations







Jeremy A Skrdlant
                        Wheat, Sorghum and Forage Research

                        




                        
                        Biological Science Aid
                        Phone: (402) 904-1537
                        
                        
                        Fax: (402) 472-4020(Employee information on this page comes from the REE Directory. Please contact your front office staff to update the REE Directory.)


Return to top


Connect with ARS Sign up


ARS Home
                            USDA.gov
                            Plain Writing
                            Policies & Links
                            Civil Rights Statements
                            FOIA
                            Accessibility Statement
                            Privacy Policy
                            Non-Discrimination Statement
                            Quality of Information
                            USA.gov
                            WhiteHouse.gov
Case 1:01-cv-04366 Document 840 Filed 07/19/04 Page 1 of 15
Case 1:01-cv-04366 Document 840 Filed 07/19/04 Page 2 of 15
Case 1:01-cv-04366 Document 840 Filed 07/19/04 Page 3 of 15
Case 1:01-cv-04366 Document 840 Filed 07/19/04 Page 4 of 15
Case 1:01-cv-04366 Document 840 Filed 07/19/04 Page 5 of 15
Case 1:01-cv-04366 Document 840 Filed 07/19/04 Page 6 of 15
Case 1:01-cv-04366 Document 840 Filed 07/19/04 Page 7 of 15
Case 1:01-cv-04366 Document 840 Filed 07/19/04 Page 8 of 15
Case 1:01-cv-04366 Document 840 Filed 07/19/04 Page 9 of 15
Case 1:01-cv-04366 Document 840 Filed 07/19/04 Page 10 of 15
Case 1:01-cv-04366 Document 840 Filed 07/19/04 Page 11 of 15
Case 1:01-cv-04366 Document 840 Filed 07/19/04 Page 12 of 15
Case 1:01-cv-04366 Document 840 Filed 07/19/04 Page 13 of 15
Case 1:01-cv-04366 Document 840 Filed 07/19/04 Page 14 of 15
Case 1:01-cv-04366 Document 840 Filed 07/19/04 Page 15 of 15
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 97-11151 Summary Calendar

STEPHEN CLAYTON WALKER, Plaintiff-Appellant,

versus WAYNE SCOTT; THOMAS BAKER; ELVIS HIGHTOWER; STATE OF TEXAS, A Municipal Corporation; RICKY NEWMAN, Defendants-Appellees.

--------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 3:97-CV-1044-H

--------------------- April 15, 1998 Before KING, HIGGINBOTHAM, and DAVIS, Circuit Judges.
PER CURIAM: * Stephen Clayton Walker, inmate #72850-079, alleged that he was subjected to cruel and unusual treatment and to unhealthy and unsanitary conditions of confinement during the summer months while he was confined in the Hutchins State Jail. Walker filed a civil rights lawsuit pursuant to 42 U.S.C. § 1983 against the State of Texas and against the above-named defendants in their official and individual capacities. The district court enteredNo. 97-11151 - 2 -

** The case has not proceeded to final judgment. an order dismissing Walker’s claims against the State of Texas and dismissing the official capacity claims against the other defendants. Walker appeals the district court’s dismissal of these claims. The district court did not certify its order of dismissal as a final judgment pursuant to Fed. R. Civ. P. 54(b). Walker’s claims against appellees in their individual capacities were still pending. ** Nevertheless, Walker purports to appeal the district court’s dismissal of the State of Texas and the official capacity claims. We take up the issue of our appellate jurisdiction sua sponte
. See Mosley v. Cozby , 813 F.2d 659, 660 (5th Cir. 1987). With certain exceptions created by statute or judicial decision, our jurisdiction is limited to review of final decisions of the district courts. 28 U.S.C. §§ 1291, 1292. A final judgment “ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.” Coopers and Lybrand v. Livesay , 437 U.S. 463, 467 (1978) (citation and internal quotation marks omitted). The federal appellate courts are authorized to review judgments dismissing “one or more but fewer than all of the claims or parties,” but may do so only if the district court expressly certifies that its order is final as to those claims or parties. See Fed. R. Civ. P. 54(b); Dardar v. Lafourche Realty Co. , 849 F.2d 955, 957 (5th Cir. 1988). AbsentNo. 97-11151 - 3 -a Rule 54(b) certification, the partial disposition of a multiclaim action does not qualify as an appealable final judgment. Dillon v. Mississippi Military Dep’t , 23 F.3d 915, 917 (5th Cir. 1994). The district court ruling challenged by Walker did not end the litigation on the merits. It is not final, nor is it an appealable interlocutory order. Finally, it was not certified as a partial final judgment pursuant to Rule 54(b). It is therefore beyond this court’s appellate jurisdiction. The appeal is DISMISSED for lack of jurisdiction.
**EXHIBIT 31.1****CERTIFICATION UNDER SECTION 302**I, Jean-Loup Romet-Lemonne, certify that:1. I have reviewed this annual report on Form 10-K of IDM Pharma, Inc.;2. Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by thisreport;3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results of operationsand 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 maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) forthe registrant and have:     a) designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe registrant, including its consolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is being prepared;     b) evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on such evaluation; and     c) disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourthfiscal quarter in the case of an annual report) that has materially affected or is reasonablylikely to materially affect, the registrant’s internal control over financial reporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation, to the registrant’s auditors and the audit committee of registrant’s Board of Directors(or persons performing the equivalent functions):     a) all significant deficiencies and material weaknesses in the design or operation of internalcontrols over financial reporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; and     b) any fraud, whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.Date:     March 31, 2006           /s/ Jean-Loup Romet-Lemonne         Jean-Loup Romet-Lemonne, M.D.    Chairman and Chief Executive Officer
<PAGE>   1
 
                                                                    EXHIBIT 12.1
 
                      SUMMIT PROPERTIES PARTNERSHIP, L.P.
 
               CALCULATION OF RATIOS OF EARNINGS TO FIXED CHARGES
                    THREE AND SIX MONTHS ENDED JUNE 30, 1998
                             (DOLLARS IN THOUSANDS)
 
<TABLE>
<CAPTION>
                                                              THREE MONTHS   SIX MONTHS
                                                                 ENDED         ENDED
                                                                JUNE 30,      JUNE 30,
                                                              ------------   ----------
<S>                                                           <C>            <C>
Funds from operations before fixed charges:
  Income (loss) before extraordinary items..................    $15,868       $22,760
  Interest:
     Expense incurred.......................................      7,458        14,446
     Amortization of deferred financing costs...............        203           513
                                                                -------       -------
          Total.............................................    $23,529       $37,719
                                                                =======       =======
Fixed charges:
  Interest expense..........................................    $ 7,458       $14,446
  Interest capitalized......................................      1,495         2,629
  Rental fixed charges......................................         34            73
  Amortization of deferred financing costs..................        203           513
                                                                -------       -------
          Total.............................................    $ 9,190       $17,661
                                                                =======       =======
Ratio of earnings to fixed charges..........................       2.56          2.14
                                                                =======       =======
</TABLE>
 
                                       26
Exhibit 32.2



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 U.S. Restaurant Properties, 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, Stacy M. Riffe, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 (15U.S.C. 78m or 78o(d)); and



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



|                       
|-----------------------
|/s/ Stacy M. Riffe     
|Stacy M. Riffe         
|Chief Financial Officer
|                       
|November 9, 2004
U.S. flagAn official website of the United States government
                    Here's how you know **Official websites use .gov**
                            
                            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
                            
                            A **lock** (                            
                              A locked padlock                                                      
                            
                            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.


Menu Agricultural Research Service
						
                    U.S. DEPARTMENT OF AGRICULTURE
 Sugarbeet Research: Fargo, ND
 close



    Research

                    Research Projects
                                    Publications
                                    Collaborations
                                    News
                People

                    Staff Listing
                                    CareersSearch small
                    Search
            
            ARS Home
                                About ARS
                                Contact Us




ARS Home Plains Area Fargo, North Dakota Edward T. Schafer Agricultural Research Center Sugarbeet Research People & Locations







Alyssa  Flobinus
                        Sugarbeet Research

                        




                        
                        Contractor
                        Phone: (701) 239-1367
                        
                        
                        Fax: (Employee information on this page comes from the REE Directory. Please contact your front office staff to update the REE Directory.)


Return to top


Connect with ARS Sign up


ARS Home
                            USDA.gov
                            Plain Writing
                            Policies & Links
                            Civil Rights Statements
                            FOIA
                            Accessibility Statement
                            Privacy Policy
                            Non-Discrimination Statement
                            Quality of Information
                            USA.gov
                            WhiteHouse.gov