alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Kelvin MOORE, Appellant, v. David INMAN, Appellee.

No. 05-3984.

United States Court of Appeals, Eighth Circuit.

Submitted: Oct. 4, 2006.

Filed: Oct. 17, 2006.

*551Kelvin D. Moore, Caruthersville, MO, pro se.

Before RILEY, MELLOY, and GRUENDER, Circuit Judges.

PER CURIAM.

Missouri inmate Kelvin Moore (Moore) appeals the district court’s preservice dismissal of his pro se 42 U.S.C. § 1983 complaint. Moore alleged David Inman, an officer with the Caruthersville Police Department, searched his vehicle in violation of the Fourth Amendment.

We grant Moore leave to appeal in for-ma pauperis. Following de novo review, *see Moore v. Sims,*200 F.3d 1170, 1171 (8th Cir.2000) (per curiam), we conclude preservice dismissal was inappropriate. It is not apparent on this record that success on Moore’s claim would necessarily imply the invalidity of any state court conviction. *See Heck v. Humphrey,*512 U.S. 477, 487 n. 7, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994) (because of doctrines like independent source, inevitable discovery, and harmless error, a damages suit for an unreasonable search may lie even if the challenged search produced evidence that was introduced at a state criminal trial resulting in § 1983 plaintiffs still-outstanding conviction), *Moore,*200 F.3d at 1171-72 (noting footnote 7 and concluding a § 1983 unlawful-seizure claim was not barred by Heck). Further, there are no ongoing state proceedings that would justify the district court’s abstention. *See Younger v. Harris,*401 U.S. 37, 43-54, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971) (holding, with some exceptions, federal courts cannot grant injunctive relief that would interfere with ongoing state criminal prosecutions); *Fuller v. Ulland,*76 F.3d 957, 959 (8th Cir. 1996) (under certain circumstances, *Younger*directs federal courts to abstain from hearing cases when there is an ongoing state judicial proceeding).

Accordingly, we reverse the dismissal and remand for further proceedings in accordance with this opinion.
snss-ex101_325.htm



 

Exhibit 10.1

Non-Employee Director Compensation Information

Sunesis Pharmaceuticals, Inc. has established the following annual compensation for non-employee members of its board of directors as follows.

Cash Compensation:

Board member: $40,000

In addition, each non-employee member of the board of directors is eligible to receive:

Board Chair: $20,000

Audit Committee Chair: $20,000

Compensation Committee Chair: $15,000

Nominating Committee Chair: $7,500

Audit Committee member: $10,000

Compensation Committee member: $7,500

Nominating Committee member: $5,000

In addition, all non-employee directors are reimbursed for out-of-pocket expenses incurred in attending board of directors and committee meetings.

Equity Compensation:

Initial Grant—Number of options to purchase shares of common stock: 75,000

Annual Grant—Number of options to purchase shares of common stock: 40,000
Page 1 

Commodity Futures Trading Commission 

CEA CASES 

NAME: GENERAL FOODS CORPORATION, CHARLES W. METCALF, DANIEL F. RICE AND COMPANY, 

DANIEL F. RICE, LAWRENCE J. RYAN, AND PHILIP R. O'BRIEN 

CITATION: 6 Agric. Dec. 418 

DOCKET NUMBER: 34 

DATE: MAY 16, 1947 

DOCUMENT TYPE: NOTICE OF STAY 

(A. D. 1485) 

 

In re GENERAL FOODS CORPORATION et al. CEA Doc. No. 34. Decided May 16, 1947. 

Notice of Stay of Circuit Court of Appeals

Notice of stay and suspension of order entered on April 28, 1947, is given on 

behalf of the Secretary of Agriculture and the Judicial Officer, pursuant to the 

Direction of the United States Circuit Court of Appeals for the Seventh Circuit 

contained in its order of May 9, 1947, on petition of C. W. M. 

 

Decision by Thomas J. Flavin, Judicial Officer

Notice of Stay of Circuit Court of Appeals

Notice is hereby given that the order entered on April 28, 1947,* in the 

proceeding before the Secretary of Agriculture, styled In re General Foods 

Corporation et al., Respondents, CEA Docket No. 34, has been stayed and 

suspended as to Charles W. Metcalf by an order entered by the United States 

Circuit Court of Appeals for the Seventh Circuit on May 9, 1947, in a suit 

instituted on the petition of Charles W. Metcalf. The Court's order in this 

respect reads in part as follows: 

"4. The order of Clinton P. Anderson, Secretary of Agriculture, entered April 

28, 1947* by Thomas J. Flavin, Judicial Officer, acting for and on behalf of the 

Secretary of Agriculture, and its enforcement be and the same is hereby stayed 

and suspended as to petitioner, CHARLES W. METCALF, pending the final 

determination and disposition of this cause by this Court and until and subject 

to the further order of this Court. * * *" 

This notice is given on behalf of the Secretary of Agriculture and myself, as 

Judicial Officer, pursuant to the direction of the Court contained in its order 

of May 9, 1947. 

 

LOAD-DATE: March 12, 2008 
Page 2
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
                  THE SCHEDULE CONTAINS SUMMARY FINANCIAL  INFORMATION EXTRACTED
                  FROM THE CONDENSED  CONSOLIDATED  FINANCIAL STATEMENTS FOR THE
                  PERIOD ENDED JUNE 28, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY
                  REFERENCE TO SUCH FINANCIAL STATEMENTS.
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<PERIOD-TYPE>                   3-MOS
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<CASH>                                             972
<SECURITIES>                                         0
<RECEIVABLES>                                    2,094
<ALLOWANCES>                                         0
<INVENTORY>                                      3,023
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<BONDS>                                             62 
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<OTHER-SE>                                      55,256 
<TOTAL-LIABILITY-AND-EQUITY>                   101,772 
<SALES>                                          2,472 
<TOTAL-REVENUES>                                 2,488
<CGS>                                            1,534 
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<OTHER-EXPENSES>                                 2,695    
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  13
<INCOME-PRETAX>                                 (1,754)
<INCOME-TAX>                                      (617)
<INCOME-CONTINUING>                             (1,137)
<DISCONTINUED>                                   1,696
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       559
<EPS-PRIMARY>                                     0.08
<EPS-DILUTED>                                     0.08
        

</TABLE>
#### The ESTATE OF Uneka Johnson WRIGHT, Deceased, By and Through Alma M. JOHNSON, Administratrix, and Alma M. Johnson, Individually, and on Behalf of the Wrongful Death Beneficiaries, Plaintiffs, v. ILLINOIS CENTRAL RAILROAD COMPANY, National Railroad Passenger Corporation (Amtrak), Don Crimmin, and Mid-South Auction, Inc., Defendants.

Civ. A. No. 3:93-cv-207BC.

United States District Court, S.D. Mississippi, Jackson Division.

Oct. 1, 1993.

Halbert E. Dockins, Jr., Thomas R. Frazer, II, Langston Frazer Dockins- & Sweet, Jackson, MS, for Alma M. Johnson.

Charles T. Ozier, Wise, Carter, Child & Caraway, Jackson, MS, for Illinois Cent. R. Co., National R.R. Passenger Corp., Don Crimmin and Amtrak.

Edward J. Currie, Jr., Steen, Reynolds, Dalehite & Currie, Jackson, MS, for Mid-South Auction, Inc.

*ORDER*

BARBOUR, Chief Judge.

This cause is before the Court pursuant to Rule 72(a) of the Federal .Rules of Civil Procedure on Plaintiffs Application for Review of Magistrate Judge’s Order of July 23, 1993. Having considered the motion of Plaintiffs, the response of Defendants, and the supporting and opposing memoranda, the Court finds that the Order of the Magistrate Judge is not clearly erroneous or contrary to law; and the Court accordingly will not disturb the Order on Plaintiffs’ Application for Review. Fed.R.Civ.P. 72(a).

Jurisdiction in this matter is based upon 28 U.S.C. § 1331 which provides that:

> The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.

28 U.S.C. § 1349 is a limitation on the federal question jurisdiction set forth in section 1331:

> The district courts shall not have jurisdiction of any civil action by or against any corporation upon the ground that it was incorporated by or under an Act of Congress, *unless the United States is the owner of more than one-half of its capital stock*

28 U.S.C. § 1349. *See In re Rail Collision Near Chase, Md., on Jan.*4, *1987,*680 F.Supp. 728, 730 (D.Md.1987) (concluding that “§ 1349 is not an affirmative grant of federal jurisdiction, but rather a restriction on jurisdiction that would otherwise be proper under § ,1331.”). In reading these two statutes together, it is clear that the Court has jurisdiction in, this matter. Amtrak was created by an Act of Congress, 45 U.S.C. § 501*et seq.,*and at all relevant times the United States owned and owns greater than fifty percent of the capital stock of Amtrak. “[T]he principle that suits involving federally chartered corporations arise under federal law has remained firmly settled.” *In re Rail Collision,*680 F.Supp. at 730.

IT IS THEREFORE ORDERED that Plaintiffs Application for Review of Magis*575trate Judge’s Order of July 23, 1993, is hereby denied.

IT IS FURTHER ORDERED that, pursuant to an Order of this Court dated June 10, 1993, holding in abeyance the disposition of Defendants’ Motion to Dismiss pending resolution of Plaintiffs’ Motion to Remand, Plaintiffs shall have until October 18,1993, to respond to and brief the issues pertinent to Defendants’ Motion to Dismiss.
Exhibit 23.1

Consent of Independent Registered Public Accounting Firm

Voxware, Inc.Lawrenceville, NJ

We hereby consent to the incorporation by reference in the Registration Statement on Form S-8 (No. 333-27069, No. 333-33342, No. 333-47864, No. 333-124659 and No. 333-135358) and the Registration Statement on Form S-2, as amended by the Post-Effective Amendment to Form S-2 on Form S-3 (No. 333-128690) of Voxware, Inc. of our report dated September 25, 2006, relating to the consolidated financial statements, which appear in this Annual Report on Form 10-KSB.

/s/  BDO Seidman, LLP


Bethesda, MarylandSeptember 25, 2007

---
Exhibit (j)

**INDEPENDENT AUDITORS' CONSENT**

We consent to the incorporation by reference in this Post-Effective Amendment No. 86 to theRegistration Statement No. 811-4008 on Form N-1A of Fidelity Investment Trust, of our reportdated December 6, 2002 appearing in the Annual Report to Shareholders of FidelityInternational Small Cap Fund for the year ended October 31, 2002.

We also consent to the reference to us under the heading "Auditor" in the Statement of AdditionalInformation, which is a part of such Registration Statement.

/s/Deloitte & Touche LLP
**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**




Pursuant
      to 18 U.S.C. §1350 (adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002),
      I, the undersigned Chief Executive Officer of Aftermarket Technology Corp.
      (the
      "Company"), hereby certify that to the best of my knowledge the Annual Report
      on
      Form 10-K of the Company for the year ended December 31, 2006 (the "Report")
      fully complies with the requirements of section 13(a) or 15(d) of the Securities
      Exchange Act of 1934, as amended, and that information contained in the Report
      fairly presents, in all material respects, the financial condition and results
      of operations of the Company.








Date: March
      1,
      2007





/s/
                Donald T. Johnson, Jr.Donald
                T. Johnson, Jr., Chief Executive
                Officer





This
      certification will not be deemed “filed” for purposes of Section 18 of the
      Exchange Act, or otherwise subject to the liability of that section. This
      certification will not be deemed to be incorporated by reference into any filing
      under the Securities Act or the Exchange Act, except to the extent that the
      registrant specifically incorporates it by reference.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### Administration on Aging 

          - [Program Announcement No. AoA-01-06] 

# AGENCY:

Administration on Aging, HHS. 

# ACTION:

Announcement of availability of funds and request for applications to establish, or expand and improve, Statewide Senior Legal Hotlines whose purpose is to advance the quality and accessibility of the legal assistance provided to older people. 

# SUMMARY:

The Administration on Aging announces that under this program announcement it will hold a competition for grant awards for four (4) to (5) projects that establish, or expand and improve, Statewide Senior Legal Hotlines aimed at advancing the quality and accessibility of the legal assistance provided to older people. 

The deadline date for the submission of applications is August 3, 2001. Eligibility for grant awards is limited to public and/or nonprofit agencies, organizations, and institutions experienced in providing legal assistance to older persons. 

                        Application kits are available by writing to the Department of Health and Human Services, Administration on Aging, Office of Program Development, 330 Independence Avenue, SW., Room 4264, Washington, DC 20201, by calling 202/619-2987, or on the web at                         *http://www.aoa.gov/​t4/​fy2001.*

Dated: June 12, 2001. 

Norman L. Thompson, 

Acting Principal Deputy Assistant Secretary for Aging. 

[FR Doc. 01-15203 Filed 6-15-01; 8:45 am] 

BILLING CODE 4154-01-P
[FILED IN THE OFFICE OF THE SECRETARY OF STATE OF THE STATE OF
NEVADA, MAR 22, 2000, NO. C13981-94, DEAN HELLER, SECRETARY OF
STATE]

      CERTIFICATE OF AMENDMENT OF ARTICLES OF INCORPORATION
                                 OF
                D. H. MARKETING & CONSULTING, INC.

     Pursuant to NRS 78.385 and 78.390, the undersigned President
and Secretary of D. H. Marketing & Consulting, Inc. do hereby
certify:

     That on February 7, 2000, the following amendment to the
articles of incorporation were unanimously approved by the Board
of Directors of said corporation by written consent in lieu of a
special meeting of the Board of Directors and on March 15, 2000
by 7,524,339 or more shares of the 11,805,964 shares issued and
outstanding and authorized to vote at a Special Meeting of the
Shareholders.

1.  Change of Name of Corporation

     "Article I - Name" is hereby amended to read as follows:

     ARTICLE I - NAME:  The exact name of this Corporation is:

             VersaTech, Inc.

     This Certificate of Amendment of the Articles of
Incorporation may be executed in two or more counterparts.

                         D.H. MARKETING & CONSULTING, INC.



                         /s/ MICHAEL J. DAILY
                         -------------------------------
                         Michael J. Daily, President and
                         Secretary


STATE OF FLORIDA    )
                    )ss.
COUNTY OF SARASOTA  )

     On the 14th day of March, 2000, personally appeared before
me, a Notary Public, Michael J. Daily, President and Secretary of
D.H. Marketing & Consulting, Inc., who acknowledged that he
executed the Certificate of Amendment of Articles of
Incorporation.

                                 /s/ GARY E. STAFFORD
                                 ----------------------------
                                 Signature of Notary

(Notary stamp or seal)

[stamped notary stamp]
Exhibit
32.1
 
 CERTIFICATION
OF
 CHIEF
EXECUTIVE OFFICER AND
 CHIEF
FINANCIAL OFFICER
 PURSUANT
TO 18 U.S.C. SECTION 1350
 
 
 In
connection with the accompanying Quarterly Report on Form 10-Q of
Clear-Lite Holdings, Inc., for the period ending October 31, 2009, I,
Thomas J. Irvine, Principal Executive Officer of Clear-Lite Holdings, Inc.,
hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and
belief, that:
 
 1.
Such Quarterly Report on Form 10-Q for the period ending October 31, 2009,
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 such Quarterly Report on Form 10-Q for the period
ended October 31, 2009, fairly represents in all material respects, the
financial condition and results of operations of Clear-Lite Holdings,
Inc.
 
 
 Date:
December 21, 2009
 
 /s/
Thomas J.
Irvine
 Thomas J.
Irvine
 Principal
Executive Officer
#### In the Matter of Gerald Griffin, Petitioner, v Donald Selsky, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

[878 NYS2d 204]—

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Following a search of his cell, petitioner was charged in a *1248misbehavior report with violating the prison disciplinary rules that prohibit smuggling and possessing a weapon. At the conclusion of the ensuing tier III disciplinary hearing, petitioner was found not guilty of smuggling and guilty of possessing a weapon and a penalty was imposed. Although the penalty was modified upon administrative appeal, the finding of guilt was affirmed, prompting petitioner to commence this proceeding pursuant to CPLR article 78 to challenge that determination.

We confirm. Contrary to petitioner’s assertion, the misbehavior report and the testimony of the authoring correction officer provide substantial evidence of petitioner’s guilt *(see Matter of Lopez v Selsky,*28 AD3d 968 [2006]). Although petitioner may not have had exclusive access to the area where the secreted utility blade was found, a reasonable inference of possession arises from the fact that the weapon, which was discovered inside the fold of a hat underneath petitioner’s mattress, was located in an area within his control *(see Matter of Amadeo v Goord,*49 AD3d 1121, 1122 [2008]; *Matter of Lopez v Selsky,*28 AD3d at 968). To the extent that petitioner denied that the weapon was his and/or claimed that it had been planted underneath his mattress by his cellmate, this presented a credibility issue for the Hearing Officer to resolve *(see Matter of Fews v Goord,*54 AD3d 1073, 1074 [2008]; *Matter of Wilson v Goord,*47 AD3d 1102, 1103 [2008]). Further, “[b]ecause petitioner was not removed from his cell for the purpose of conducting the search, the applicable directive did not require his presence” *(Matter of Williams v Goord,*270 AD2d 744, 745 [2000]; *see*Department of Correctional Services Directive No. 4910 [V] [C] [1]; *Matter of Stolpinski v New York State Dept. of Correctional Servs.,*32 AD3d 1091, 1092 [2006]; *Matter of Thomas v Selsky,*23 AD3d 868, 869 [2005]; *Matter of Freeman v Selsky,*270 AD2d 547 [2000]). Finally, petitioner’s objections to the sufficiency of the misbehavior report are unpreserved for our review given his failure to raise these issues at the disciplinary hearing *(see Matter of Tafari v Selsky,*41 AD3d 1117 [2007], *lv denied*9 NY3d 809 [2007]; *Matter of Cameron v Goord,*10 AD3d 795, 796 [2004]).

Mercure, J.P., Lahtinen, Kane, Malone Jr. and McCarthy, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
Court of Appeals of the State of Georgia

Clerk's Office, Atlanta, March 30, 2016.

I certify that the above is a true extract from the minutes of

the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto

affixed the day and year last above written.

, Clerk.

Court of Appeals 

of the State of Georgia

ATLANTA, March 30, 2016

The Court of Appeals hereby passes the following order

A16I0156. HAMILTON STATE BANK v. EMORY D. OZBURN, et al.

Upon consideration of the Application for Interlocutory Appeal, it is ordered that it be

hereby DENIED.

LC NUMBERS:

13c072214
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE
CONSOLIDATED FINANCIAL REPORTS DATED DECEMBER 31, 1997 (AUDITED) AND
IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
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<PERIOD-END>                               DEC-31-1997
<CASH>                                             706
<SECURITIES>                                         0
<RECEIVABLES>                                      279
<ALLOWANCES>                                        33
<INVENTORY>                                      5,559
<CURRENT-ASSETS>                                 6,977
<PP&E>                                             937
<DEPRECIATION>                                     422
<TOTAL-ASSETS>                                   7,673
<CURRENT-LIABILITIES>                              841
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
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<OTHER-SE>                                       6,784
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<SALES>                                          4,959
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<CGS>                                            2,628
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<OTHER-EXPENSES>                                 2,454
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<INCOME-CONTINUING>                                385
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       216
<EPS-PRIMARY>                                      .05
<EPS-DILUTED>                                      .04
        

</TABLE>