alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### STATE of Florida, Appellant, v. Steven KLEIN, Appellee.

No. 5D02-3756.

District Court of Appeal of Florida, Fifth District.

Aug. 1, 2003.

*275Charles J. Crist, Jr., Attorney General, Tallahassee, and Judy Taylor Rush, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellee.

MONACO, J.

After a jury trial finding the appellee, Steven Klein, to be a sexually violent predator, he was committed to the custody of the Department of Children and Families in accordance with the requirements of the Jimmy Ryce Act, section 394.910, et seq., Florida Statutes (2001). Thereafter, the trial court granted Klein’s motion for specific performance of a plea agreement that he entered into in the underlying criminal case that led to the Ryce Act proceeding. The State of Florida appeals an order of the trial court that granted Klein’s motion for specific performance of the plea agreement in reliance on the case of *Harris v. State,*27 Fla. L. Weekly D946, — So.2d —, 2002 WL 731699 (Fla. 1st DCA Apr.26, 2002). We reverse.

Since the entry of the order being appealed in this case, the Supreme Court of Florida has held in *Murray v. Regier,*27 Fla. L. Weekly S1008, — So.2d —, 2002 WL 31728885 (Fla. Dec. 5, 2002), that an involuntary commitment under the Jimmy Ryce Act is not considered to be a continued punishment for a criminal offense. Rather, the court reasoned, a commitment proceeding is separate from the criminal action that was based on the individual’s sexually violent offense. Thus, the court concluded that “any bargain that a defendant may strike in a plea agreement in a criminal case would have no bearing on a subsequent involuntary civil commitment for control, care, and treatment.” *Id.*at S1010, — So.2d at —. *See also Sandillo v. State,*842 So.2d 1018 (Fla. 5th DCA 2003); *Ritchie v. State,*842 So.2d 234 (Fla. 5th DCA 2003); *Satz v. Runion,*838 So.2d 689 (Fla. 4th DCA 2003).

Accordingly, the order of the trial court granting Klein’s motion for specific performance of his plea agreement, dismissing the petition for involuntary commitment, and ordering Klein’s release is reversed and vacated, and the case is remanded with directions to deny Klein’s motion.

REVERSED, VACATED AND REMANDED.

SAWAYA, C.J., and ORFINGER, J., concur.
EX10-28SecondAmendDeferCompPlanEmpl




Exhibit 10.28


SECOND AMENDMENT TO THE 
POST HOLDINGS, INC. DEFERRED COMPENSATION PLAN FOR KEY EMPLOYEES


WHEREAS, Post Holdings, Inc. previously adopted the Post Holdings, Inc. Deferred Compensation Plan for Key Employees (“Plan”); 


WHEREAS, the Corporate Governance and Compensation Committee (“Committee”) has delegated authority to the Chief Executive Officer to amend the Plan pursuant to a resolution adopted on February 3, 2012;


WHEREAS, Section 3.1(a) of the Plan provides that a newly Eligible Employee may make a Deferral Election within 30 days of becoming an Eligible Employee subject to certain requirements;


WHEREAS, the Company desires to retain discretion as to whether an Eligible Employee may make such a Deferral Election outside of the regular enrollment period specified by the Committee;


NOW, THEREFORE, effective immediately, Section 3.1(a) of the Plan is amended by deleting the third sentence thereof and replacing it with the following: 


Notwithstanding the foregoing, in the discretion of the Committee or its designee, an individual who first becomes an Eligible Employee subsequent to the first day of any Plan Year (and was not previously eligible to participate in a plan which is treated with this Plan as one plan under Treasury Regulation section 1.409A-1(c)(2)) may make a Deferral Election, applicable to the period from the Eligible Employee’s initial entry date to the end of the Plan Year, provided the Deferral Election is made within 30 days after becoming an Eligible Employee and prior to the performance of services by a Participant for the period covered by the election.






IN WITNESS WHEREOF, this amendment has been executed this 24th day of August, 2012.
	
			
	POST HOLDINGS, INC.
	 

	 
	 
	 

	 
	 
	 

	By:
	/s/ William P. Stiritz
	 

	William P. Stiritz
	 

	Title:  Chairman and Chief Executive Officer
Twelve months ended
                                                 March 31,
                                      1999         1998         1997
                                   ----------   ----------   ----------
Net income as reported . . . . .   $3,930,000   $3,189,000   $2,485,000
                                   ==========   ==========   ==========


BASIC:
    Weighted average number of
      common shares outstanding.    3,245,584    3,227,850    3,120,433
                                   ==========   ==========   ==========
  Basic earnings per share. . .         $1.21        $0.99        $0.80
                                   ==========   ==========   ==========

DILUTED:
  Common and common equivalent shares
  outstanding:
    Weighted average number of
      common shares outstanding.    3,245,584    3,227,850    3,120,433
    Common stock equivalents
      from options computed on
      the treasury-stock method
      using the average fair
      market value of common
      stock during the period. .      112,869      161,604      158,902
                                   ----------   ----------   ----------
    Shares used in the
      computation. . . . . . . .    3,358,453    3,389,454    3,279,335
                                   ==========   ==========   ==========


 Diluted earnings per share. . .        $1.17        $0.94        $0.76
                                   ==========   ==========   ==========
#### Leelyn J. GORMAN, Appellant, v. WELLS MANUFACTURING CORPORATION, Appellee.

No. 02-2978.

United States Court of Appeals, Eighth Circuit.

Submitted: May 16, 2003.

Filed: Aug. 15, 2003.

Jeffrey M. Lipman, argued, Des Moines, IA, for appellant.

Helen C. Adams, argued, Des Moines, IA, for appellee.

Before BOWMAN, BYE, Circuit Judges, and ERICKSEN 1 ,District Judge.

1

. The Honorable Joan N. Ericksen, United States District Judge for the District of Minnesota, sitting by designation.

PER CURIAM.

Leelyn Gorman was employed by Wells Manufacturing Corp. in Centerville, Iowa. In September of 1998, she missed eight days of work, was 25 minutes late for work one day and four hours late another. Pursuant to Wells’ policy, she presented a disability certificate from her doctor for the absence. The doctor who signed the disability certificate later informed Wells that he had not asked Gorman to stay home; he did not know of any disability complications (Gorman was pregnant) during the days in question; and that Gorman had been warned by his office about malingering. Gorman was then fired.

On appeal, Gorman argues that the District Court2 erred in granting summary judgment to Wells on her ADA, Title VII, and Iowa Civil Rights Act disability and sex discrimination claims. We have conducted a de novo review of the entire *544record, and have carefully reviewed the briefs and arguments of counsel and we conclude that there was no error in the District Court’s decision granting summary judgment. *See Whitley v. Peer Review Sys., Inc.,*221 F.3d 1053, 1055 (8th Cir.2000) (standard of review). Accordingly, we affirm. *See*8th Cir. R. 47B.

2

. The Honorable James E. Gritzner, United States District Court Judge for the Southern District of Iowa.
Exhibit
10.23


 


FIRST
AMENDMENT 


TO THE



TECHNOLOGY
LICENSE AGREEMENT


 


This First Amendment
to the Technology License Agreement dated August 23rd, 2010 by and between Baxter Healthcare SA, a Swiss corporation
having a principal place of business at Postfach, 8010, Zurich, Switzerland (hereinafter “Baxter”) and Kamada
Ltd., having a place of business at Science Park, Kiryat Weizmann, 7 Sapir St., Ness-Ziona, 74036, Israel (hereinafter “Kamada”)
(the “Agreement”) is entered into as of this 14th day of May, 2013 (the “Effective Date”). Baxter
and Kamada shall collectively be referred to as the “Parties”.


 


RECITALS


 


WHEREAS, the Parties
desire to enter into an amendment to the Agreement in order to amend the 3rd Milestone, as described hereunder and set
applicable payment schedule in connection thereto (hereinafter the "First Amendment").


 


Now
therefore, it is hereby agreed as follows:


 


		1.	The Milestone Table set forth in Section 5.3 of the Agreement
shall be replaced with the following table:



 


	Milestone	 	Milestone
    

    Payment (USD)	 
	Hand-over of [*****].	 	$	5,000,000	 
	[*****]	 	$	5,000,000	 
	[*****]	 	$	4,500,000	 
	[*****]	 	 	[*****]	 



 


		2.	The Technology Sharing Plan, which is incorporated into the Agreement as Exhibit 1.67, shall be
amended to reflect the amendment described in Section 1 above.



 


		3.	The Parties acknowledge and agree
that the 3rd Milestone has been fully achieved prior to the Effective Date. Despite the payment schedule described
in Section 5.3, the Parties agree that payment in connection with achievement of the 3rd Milestone will be made no
later than [*****], 2013.






 





 



[*****] Confidential portions of this document have been
redacted and filed separately with the Securities and Exchange Commission. 




    	First Amendment to the Technology License Agreement	Page 1



    	 



    

 


		4.	The Parties acknowledge and agree that payment for the first two (2) Milestones described in Section
5.3 has been completed in its entirety.



 


		5.	All provisions of the Agreement which are not expressly amended by the terms of this First Amendment
shall remain in effect and without change.



 


IN WITNESS WHEREOF, the Parties have caused
this First Amendment to be executed by their duly authorized representatives.


  


	BAXTER HEALTHCARE SA	 	KAMADA LTD.
	 	 	 	 	 
	By:	/s/ James Fischer	 	By:	/s/ David Tsur
	Name:	James Fischer	 	Name:  	David Tsur
	Title:	VP - EMEA Bioscience Mktg.	 	Title:  	Chief Executive Officer
	Date:	10.05.2013	 	Date:	14/5/13
	 	 	 	 	 
	By:	/s/ Yvo Aebli	 	By:	/s/ Gil Efron
	Name:	Yvo Aebli	 	Name: 	Gil Efron
	Title:	Director, Finance Baxter Healthcare SA	 	Title:  	Chief Financial Officer
	Date:	 	 	Date:	14/5/13





 






    	First Amendment to the Technology License Agreement	Page 2
EXHIBIT 32.1

Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Quarterly Report of Mewbourne Energy Partners 05-A, L.P. (the Registrant) on Form 10-Q for the
three months ended September 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned hereby certifies, in the capacity as indicated below and 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, as amended, and
| | -- | ---------------------------------------------------------------------------------------------------------------------------------

| | 2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Registrant.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------

Date:                November 15, 2010



/s/ Curtis W. MewbourneCurtis W. MewbourneChief Executive OfficerMewbourne Development Corporation,Managing General Partner of the Registrant
**Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009 – GlaxoSmithkline and Others v OHIM – Serono
Genetics Institute (FAMOXIN)**

**(Cases T-493/07, T-26/08 and T-27/08)**

Community trade mark – Invalidity proceedings – Community word mark FAMOXIN – Earlier national word marks LANOXIN – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 53(1)(a) of Regulation
(EC) No 207/2009) – Proof of use – Article 56(2) and (3) of Regulation No 40/94 (now Article 57(2) and (3) of Regulation No 207/2009

Community trade mark – Surrender, revocation and invalidity – Relative grounds of invalidity – Registration contrary to Article 8(1)(b) of Regulation No 40/94 (Council Regulation No 40/94, Art. 52(1)(a)) (see paras 50-57,
73-76)

**Re:**

| | | |
| --- | --- | --- |
| Three actions brought against the decisions of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 September 2007 (Case R 8/2007-1), 20 November 2007 (Case R 10/2007-1) and 19 November 2007 (Case R 9/2007-1), relating to cancellation proceedings between, on the one hand, GlaxoSmithkline SpA, Laboratórios Wellcome De Portugal L | da | and The Wellcome Foundation Ltd, and, on the other, Serono Genetics Institute SA. |

**Information relating to the case**

| | |
| --- | --- |
| Registered Community trade mark subject of the application for a declaration of invalidity: | Community word mark FAMOXIN for goods and services in Class 5 – Application No 2491298 |
| Proprietor of the Community trade mark: | Serono Genetics Institute SA |
| Party requesting the declaration of invalidity of the Community trade mark: | GlaxoSmithkline SpA ; Laboratórios Wellcome de Portugal, Lda; and The Wellcome Foundation Ltd |
| Trade mark right of the party requesting the declaration of invalidity: | National word mark LANOXIN for goods in Class 5 |
| Decision of the Cancellation Division: | Applications dismissed |
| Decision of the Board of Appeal: | Appeals dismissed |

**Operative part**

The Court:

| | | |
| --- | --- | --- |
| 1. | | Joins Cases T-493/07, T-26/08 and T-27/08 for the purposes of the present judgment; |

| | | |
| --- | --- | --- |
| 2. | | Dismisses the actions; |

| | | |
| --- | --- | --- |
| 3. | | Orders GlaxoSmithKline SpA, Laboratórios Wellcome de Portugal, Lda and The Wellcome Foundation Ltd to pay the costs. |
### THE THIRTEENTH COURT OF APPEALS

13

- 18

- 00040

- CV
RR Stanley, Dalton Davis d/b/a JO

- DAN Royalty Company and Vinella Davis v. Deborah Cephus Collins, Will Cephus, Harold Andrews, Rosalind Carter and Rondal Cephus
On Appeal from the 77th District Court o f Freestone County , Texas Trial Cause No. 12

- 050

- A

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considered this cause on appeal, concludes that the judgment of the trial court should be affirmed . The Court orders the judgment of the trial court AFF I RMED . Costs of the appeal are adjudged against appellant s, RR Stanley, Dalton D avis d/b/a JO

- DAN Royalty Company and Vinella Davis

. We further order this decision certified below for observance. November 7, 2019
<PAGE>


                                                                    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 DSA Financial Corporation (the
"Company"), on Form 10-QSB for the period ended March 31, 2007, as filed with
the Securities and Exchange Commission on the date of this Certification (the
"Report"), I, Steven R. Doll, Chief Financial Officer of the Company, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that, to my knowledge:

        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.


                                      /s/ Steven R. Doll
                                      ------------------------------------------
                                      Steven R. Doll
                                      Chief Financial Officer

Date:  May 15, 2007

A signed original of this written statement required by Section 906 has been
provided to DSA Financial Corporation and will be retained by DSA Financial
Corporation and furnished to the Securities and Exchange Commission or its staff
upon request.
Jeffrey G. EDWARDS, Executor of the Estate of Carroll M. Edwards, Individually and Derivatively on Behalf of Transworld Heart Corporation, Plaintiff, v. Charles L. RICHARDSON, Individually and as Director of Transworld Heart Corporation, Defendant.

No. COA16-1178

Court of Appeals of North Carolina.

Filed: September 19, 2017

AFFIRMED.
FLYNN v. SCHAMENS, et al.

451A16-1

Supreme Court of North Carolina.

March 1, 2018

*584C. Kiel Garella, Attorney at Law, for Flynn, Karen W., et al.

David W. Schamens, for Schamens, David Wayne, et al.

Phillips Wiegand, Jr., Registered Agent/Pro Se, for Invictus Asset Management, LLC, et al.

Piliana M. Schamens, Registered Agent/Pro Se, for Tradedesk Financial Group, Inc.

The following order has been entered on the motion filed on the 28th of December 2016 by Plaintiff for Sanctions:

"Motion Allowed by order of the Court in conference, this the 1st of March 2018."
STATE v. Seid Michael MOSTAFAVI

199A17-1

Supreme Court of North Carolina.

September 5, 2017

Joseph P. Lattimore, Attorney at Law, for Mostafavi, Seid Michael.

Brent Kiziah, Assistant Attorney General, James R. O'Neill, District Attorney, for State of North Carolina.

The following order has been entered on the Motion for Extension of Time to File Brief filed on the 1st of September 2017 by Defendant:

"Motion Allowed by order of the Court in conference, this the 5th of September 2017."
INTERNAL CREDIT SYSTEMS, INC., Plaintiff, v. NAUTUFF LLC, Defendant.

No. COA17-54

Court of Appeals of North Carolina.

Filed: September 19, 2017

REVERSED.
11TH COURT OF APPEALS

EASTLAND, TEXAS

JUDGMENT

Christopher Daniel Marquez, * From the 118th District

 Court of Howard County,

 Trial Court No. 13644.

Vs. No. 11-13-00192-CR * July 31, 2015

The State of Texas, * Memorandum Opinion by Wright, C.J.

 (Panel consists of: Wright, C.J.,

 Willson, J., and Bailey, J.)

This court has inspected the record in this cause and concludes that 

there is no error in the judgment below. Therefore, in accordance with this 

court’s opinion, the judgment of the trial court is in all things affirmed.
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 451 Referred in Senate (RFS)]

113th CONGRESS
  2d Session
                                H. R. 451

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 15, 2014

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
 at 500 North Brevard Avenue in Cocoa Beach, Florida, as the ``Richard 
                        K. Salick Post Office''.

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

SECTION 1. RICHARD K. SALICK POST OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 500 North Brevard Avenue in Cocoa Beach, Florida, shall be 
known and designated as the ``Richard K. Salick Post Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Richard K. 
Salick Post Office''.

            Passed the House of Representatives July 14, 2014.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```
STATE v. Daniel LUNA

406P17-1

Supreme Court of North Carolina.

March 1, 2018

Daniel Luna, for Luna, Daniel.

Daniel P. O'Brien, Special Deputy Attorney General, Ben R. David, District Attorney, for State of N.C.

The following order has been entered on the motion filed on the 27th of November 2017 by Defendant-Appellant to Proceed In Forma Pauperis:

"Motion Allowed by order of the Court in conference, this the 1st of March 2018."
Connie L. BURR v. John F. GREEN et al.

S17A1847

Supreme Court of Georgia.

Decided: January 29, 2018

James A. Meaney, III, General Counsel, James A. Meaney, III P.C., 319 North Selvidge Street, Dalton, Georgia 30720-3108, for Appellant.

Sidney P. Wright, Smith & Wright, LLP, P. O. Box 69, Rome, Georgia 30162-0069, for Appellee.

PER CURIAM.

The judgment of the court below is affirmed without opinion pursuant to Supreme Court Rule 59.

*Affirmed without opinion.*

All the Justices concur.
# Official Journal C 247/28 J

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 247 |
| | |
| English edition | Information and Notices | Volume 5828 July 2015 |

ISSN 1977-091X

Official Journal

of the European Union

C 247

English edition

Information and Notices

Volume 5828 July 2015

---

| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Parliament |
| 2015/C 247/01 | Report on budgetary and financial management — Section I: European Parliament — Financial year 2014 | 1 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

2015/C 247/01

Report on budgetary and financial management — Section I: European Parliament — Financial year 2014

1

---

| EN | |
| --- | --- |

EN
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

JACQUELINE S. WAGNER & THOMAS 

WAGNER,

Petitioners

v.

STANDARD STEEL, LLC,

Respondent

:

:

:

:

:

:

:

:

:

:

:

:

No. 80 EAL 2017

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 8th day of September, 2017, the Petition for Allowance of Appeal

is DENIED.
No. 17,389.

#### Andrew Wysowatcky, as Guardian, etc. *v.*Continental Oil Company.

(281 P. [2d] 167)

Decided March 14, 1955.

Mr. E. B. Evans, attorney for plaintiff in error.

Mr. R. C. Hawley, attorney for defendant in error.

*En Banc.*

Mr. Justice Knauss

delivered the opinion of the Court.

Plaintiff in error by writ of error seeks reversal of a judgment in favor of defendant in error in a suit based on several checks drawn by Buell E. Nielsen as, administrator of the estate of Ewaa Takata, deceased, allegedly “issued and delivered to” the defendant in error, which defendant as payee thereof knew “to be for the personal benefit of the fiduciary and in payment of per*266sonal debts of the fiduciary” [Buell L. Nielsen], as alleged in the complaint.

Trial was to the court. At the conclusion of all the evidence offered by plaintiff and defendant, the trial court found the issues in favor of defendant and entered judgment dismissing the action.

This case is governed by our pronouncement in *Wysowatcky, Guardian v. Denver-Willys, Inc.,*131 Colo. 266, 281 P. (2d) 165. We also note in the instant case defendant put on evidence in support of the denials of plaintiff’s complaint, and the trial court found the issues so joined in favor of defendant.

Pursuant to our ruling in *Andrew Wysowatcky, Guardian v. Denver-Willys, Inc.,*the judgment of the trial court is affirmed.