alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### AMERICAN RIVERS, et al., Plaintiffs, v. UNITED STATES ARMY CORPS OF ENGINEERS, et al., Defendants.

No. CIV. 03-241(GK).

United States District Court, District of Columbia.

July 15, 2003.

*ORDER*

KESSLER, District Judge.

On July 12, 2003, this Court granted Plaintiffs’ Motion for Preliminary Injunction, enjoining the U.S. Army Corps of Engineers “from implementing the summer water flow provisions of the revised 2003 Annual Operation Plan, from taking any action that would implement or be consistent with the provisions relating to summer water flow contained in the 2003 Supplemental Biological Opinion, and from taking any action that would be inconsistent with the provisions relating to summer water flow contained in the 2000 Biological Opinion.” July 12, 2003 Order at 2, 271 F.Supp.2d 230, 236.

This matter is now before the Court on the Federal Defendants’ Motion for Stay of July 12, 2003 Order Pending Appeal Or, In the Alternative, Temporary Stay of Fourteen Days, as well as the State of Nebraska’s Emergency Motion For Stay of Preliminary Injunction Pending Resolu*264tion on Appeal. The Motions will be denied for the following reasons.

First, the Court has considered all the substantive arguments addressed by the Defendants and has rejected them in its Memorandum Opinion and Order of July 12, 2003, 2003 WL 21638223. The only new issue that Federal Defendants raise in the pending Motion is a request for a two week implementation period of the injunc-tive relief. This request was never raised in any pleadings previously filed by the Federal Defendants. A rather causal reference was made to the fourteen day period at the Motions Hearing held on July 2, 2003, but without any specificity or detail. Consequently, this Court is not in a position to knowledgeably address this issue which was raised at the last minute. Finally, to grant the request of Defendants would be contrary to the entire thrust of the Memorandum Opinion and Order of July 12, 2003, 2003 WL 21638223.

Wherefore, it is the 15th day of July hereby

ORDERED, that Federal Defendants’ Motion for Stay of July 12, 2003 Order Pending Appeal Or, In the Alternative, Temporary Stay of Fourteen Days, and the State of Nebraska’s Emergency Motion For Stay of Preliminary Injunction Pending Resolution on Appeal [# 90,93] are denied.
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

LARRY SHEROD BOONE,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 247 MAL 2018

Petition for Allowance of Appeal from

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 5th day of September, 2018

, the Petition for Allowance of Appeal

is DENIED

.
# C_2009282EN.01004001.xml

| 21.11.2009 | EN | Official Journal of the European Union | C 282/40 |
| --- | --- | --- | --- |

21.11.2009

EN

Official Journal of the European Union

C 282/40

---

Judgment of the Court of First Instance of 30 September 2009 — Portugal v Commission

(Case T-183/06) (1)

1

(EAGGF - Guarantee Section - Expenditure excluded from Community financing - Flax textile - Effectiveness of checks)

2009/C 282/74

Language of the case: Portuguese

Parties

Parties

Applicant: Portuguese Republic (represented by: L. Inez Fernandes, acting as Agent, assisted by C. Botelho Moniz and E. Maia Cadete, lawyers)

Applicant:

Defendant: Commission of the European Communities (represented by: M. Afonso, L. Parpala and F. Jimeno Fernández, acting as Agents)

Defendant:

Re:

Application for partial annulment of Commission Decision 2006/334/EC of 28 April 2006 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2006 L 124, p. 21).

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls Commission Decision 2006/334/EC of 28 April 2006 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) in so far as it excludes all of the expenditure incurred by the Portuguese Republic in the flax sector. |
| --- | --- |

1.

Annuls Commission Decision 2006/334/EC of 28 April 2006 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) in so far as it excludes all of the expenditure incurred by the Portuguese Republic in the flax sector.

| 2. | Orders the Commission of the European Communities to pay the costs. |
| --- | --- |

2.

Orders the Commission of the European Communities to pay the costs.

---

(1)  OJ C 212, 2.9.2006.

1

---
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1561-07

CARLOS LANDRIAN, Appellant

v.

 THE STATE OF TEXAS

ON DISCRETIONARY REVIEW OF

CASE 01-05-00697-CR OF THE FIRST COURT OF APPEALS

HARRIS COUNTY

WOMACK, J., filed a concurring opinion, in which KELLER, P.J., and KEASLER, J.,

joined.

Without implying that there is anything wrong with the Court’s analysis of the

jury-unanimity issue, I should like to point out that there is no possibility of a nonunanimous verdict for this offense as it was alleged. If half the jury believed the defendant caused serious bodily injury, then they necessarily believed that a deadly weapon

was used. A deadly weapon is anything that in the manner of its use was capable of

causing serious bodily injury. See Penal Code section 1.07(a)(17)(B). It is impossible to
Landrian (concurrence) - 2

inflict serious bodily injury without using a deadly weapon. We so held only a couple of

months ago. See Blount v. State, 257 S.W.3d 712 (Tex. Cr. App. 2008).

Filed October 8, 2008.

Publish.
# L_2008279EN.01S00301.xml

| 22.10.2008 | EN | Official Journal of the European Union | L 279/s3 |
| --- | --- | --- | --- |

22.10.2008

EN

Official Journal of the European Union

L 279/s3

---

NOTE TO THE READER

The institutions have decided no longer to quote in their texts the last amendment to cited acts.

Unless otherwise indicated, references to acts in the texts published here are to the version of those acts currently in force.

---
[Federal Register Volume 70, Number 189 (Friday, September 30, 2005)]
[Notices]
[Page 57309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19633]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1604-DR]


Mississippi; Amendment No. 5 to Notice of a Major Disaster 
Declaration

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and 
Response Directorate, Department of Homeland Security.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration 
for the State of Mississippi (FEMA-1604-DR), dated August 29, 2005, and 
related determinations.

EFFECTIVE DATE: September 23, 2005.

FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Recovery Division, Federal 
Emergency Management Agency, Washington, DC 20472, (202) 646-2705.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration 
for the State of Mississippi is hereby amended to include the following 
areas among those areas determined to have been adversely affected by 
the catastrophe declared a major disaster by the President in his 
declaration of August 29, 2005:

    Attala, Choctaw, Warren, and Yazoo Counties for Public 
Assistance [Categories C-G] (already designated for Individual 
Assistance and debris removal and emergency protective measures 
[Categories A and B] under the Public Assistance program, including 
direct Federal assistance.)
    Bolivar, Calhoun, Carroll, Chickasaw, Clay, Grenada, Holmes, 
Humphreys, Issaquena, Itawamba, Lafayette, Lee, Leflore, Monroe, 
Montgomery, Panola, Pontotoc, Prentiss, Sharkey, Sunflower, 
Tallahatchie, Tate, Tippah, Tishomingo, Tunica, Webster, and 
Yalobusha Counties for Public Assistance [Categories C-G] (already 
designated for debris removal and emergency protective measures 
[Categories A and B] under the Public Assistance program, including 
direct Federal assistance.)

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) 
are to be used for reporting and drawing funds: 97.030, Community 
Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis 
Counseling; 97.033, Disaster Legal Services Program; 97.034, 
Disaster Unemployment Assistance (DUA); 97.046, Fire Management 
Assistance; 97.048, Individuals and Households Housing; 97.049, 
Individuals and Households Disaster Housing Operations; 97.050, 
Individuals and Households Program--Other Needs; 97.036, Public 
Assistance Grants; 97.039, Hazard Mitigation Grant Program.)
R. David Paulison,
Acting Under Secretary, Emergency Preparedness and Response, Department 
of Homeland Security.
[FR Doc. 05-19633 Filed 9-29-05; 8:45 am]
BILLING CODE 9110-10-P
STATE v. John Edward BUTLER

629P01-6

Supreme Court of North Carolina.

April 5, 2018

John Edward Butler, for Butler, John Edward.

Kathleen N. Bolton, Assistant Attorney General, L. Johnson Britt, III, District Attorney, for State of N.C.

The following order has been entered on the motion filed on the 14th of February 2018 by Defendant to Appeal:

"Motion Dismissed by order of the Court in conference, this the 5th of April 2018."
Exhibit 10.4


 


AMENDMENT NO. 1


TO 


AMENDED AND RESTATED PROMISSORY NOTE


 


This AMENDMENT NO. 1 TO AMENDED AND RESTATED
PROMISSORY NOTE (this “Amendment”) is made and entered into as of July 30, 2014, by and between Cyalume Technologies
Holdings, Inc., a Delaware corporation (“Maker”), and JFC Technologies, LLC (“Payee”).


 


RECITALS


 


A.         Maker
is indebted to Payee under that certain Amended and Restated Promissory Note dated November 19, 2013 (the “Restated Note”),
which Restated Note amended and restated a promissory note originally issued by Maker to Payee as of December 31, 2012.


 


B.       
  The Company proposes to sell an aggregate of $2,000,000 of two new series of preferred stock, designated as
Series B Convertible Preferred Stock and Series C Preferred Stock (the “Series B/C Financing”), to certain
investors (including Payee), and it is a condition to the investors’ obligation to consummate the Series B/C Financing
that the Restated Note be amended as set forth herein.


 


NOW, THEREFORE, in consideration of the
covenants and promises set forth herein, and for other good and valuable consideration (the receipt and sufficiency of which are
hereby acknowledged), intending to be legally bound, Maker and Payee agree as follows:


 


1.          Paragraphs
(e) and (f) of Section 3 of the Restated Note are hereby deleted in their entireties and of no further force or effect.


 


2.          Except
as otherwise specifically set forth in this Amendment, all provisions of the Restated Note shall remain in full force and effect.


 


3.          This
Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.


 


IN WITNESS WHEREOF, Maker and Payee have
duly executed this Amendment, as of the date first above written.


 


	CYALUME TECHNOLOGIES HOLDINGS,	 	JFC TECHNOLOGIES, LLC
	INC.	 	 	 
	 	 	 	 	 
	By	/s/ Zivi Nedivi	 	By	/s/ James G. Schleck
	Name: Zivi Nedivi	 	Name: James G. Schleck
	Title: CEO	 	Title: Managing Member
----

Prior notification of a concentration

(Case COMP/M.4053 — Morgan Stanley/AM Development)

Candidate case for simplified procedure

(2005/C 318/04)

(Text with EEA relevance)

----

(1)OJ L 24, 29.1.2004, p. 1.

(2)OJ C 56, 5.3.2005, p. 32.

----
<TABLE> <S> <C>
                                
<ARTICLE>                            9
                                      
<S>                                  <C>
<PERIOD-TYPE>                        12-MOS
<FISCAL-YEAR-END>                    DEC-31-1998
<PERIOD-END>                         DEC-31-1998
<CASH>                                         10,526,732
<INT-BEARING-DEPOSITS>                          6,211,701
<FED-FUNDS-SOLD>                                        0
<TRADING-ASSETS>                                1,000,000
<INVESTMENTS-HELD-FOR-SALE>                             0
<INVESTMENTS-CARRYING>                          2,093,827
<INVESTMENTS-MARKET>                            2,187,000
<LOANS>                                       162,369,285
<ALLOWANCE>                                     1,002,000
<TOTAL-ASSETS>                                217,019,806
<DEPOSITS>                                    172,805,284
<SHORT-TERM>                                    1,008,750
<LIABILITIES-OTHER>                               554,581
<LONG-TERM>                                             0
<PREFERRED-MANDATORY>                                   0
<PREFERRED>                                     6,900,000
<COMMON>                                        1,877,159
<OTHER-SE>                                     10,677,112
<TOTAL-LIABILITIES-AND-EQUITY>                 12,554,271
<INTEREST-LOAN>                                11,462,716
<INTEREST-INVEST>                               1,829,428
<INTEREST-OTHER>                                        0
<INTEREST-TOTAL>                               13,060,266
<INTEREST-DEPOSIT>                              6,184,500
<INTEREST-EXPENSE>                              7,408,975
<INTEREST-INCOME-NET>                           5,651,291
<LOAN-LOSSES>                                     184,200
<SECURITIES-GAINS>                              1,062,670
<EXPENSE-OTHER>                                 5,792,815
<INCOME-PRETAX>                                 1,640,479
<INCOME-PRE-EXTRAORDINARY>                              0
<EXTRAORDINARY>                                   624,200
<CHANGES>                                               0
<NET-INCOME>                                    1,016,279
<EPS-PRIMARY>                                        0.68
<EPS-DILUTED>                                           0
<YIELD-ACTUAL>                                       8.61
<LOANS-NON>                                     1,686,000
<LOANS-PAST>                                            0
<LOANS-TROUBLED>                                        0
<LOANS-PROBLEM>                                         0
<ALLOWANCE-OPEN>                                  899,000
<CHARGE-OFFS>                                     120,000
<RECOVERIES>                                        3,000
<ALLOWANCE-CLOSE>                               1,002,000
<ALLOWANCE-DOMESTIC>                            1,002,000
<ALLOWANCE-FOREIGN>                                     0
<ALLOWANCE-UNALLOCATED>                                 0
                                      

</TABLE>
Exhibit 10.1

              Named Executive Officer Salary and Bonus Arrangements
              -----------------------------------------------------

Base Salaries

      The current base salaries for the named executive officers (the "named
executive officers") of PennFed Financial Services, Inc. (the "Company") and
Penn Federal Savings Bank who will be named in the compensation table that will
appear in the Company's upcoming annual meeting proxy statement are as follows:

Name and Title                                       Base Salary
--------------                                       -----------

Joseph L. LaMonica                                   $525,250
President and Chief Executive
Officer

Patrick D. McTernan                                  $243,225
Senior Executive Vice President,
General Counsel and Secretary

Jeffrey J. Carfora                                   $232,875
Senior Executive Vice President
and Chief Operating Officer

Claire M. Chadwick                                   $187,000
Executive Vice President and
Chief Financial Officer

Maria F. Magurno                                     $144,900
Executive Vice President and
Residential Lending Group Executive

Description of Bonus Plan for Fiscal 2006

      On July 26, 2005, the Compensation Committee of the Company's Board of
Directors approved the Fiscal 2006 Incentive Plan. The executive officers who
may earn bonus payments under the Incentive Plan are Messrs. LaMonica, McTernan
and Carfora and Ms. Chadwick. The Company's Fiscal 2006 Incentive Plan provides
for cash bonuses, payable quarterly, if the Company's annualized growth in
earnings per share (excluding unusual or other non-recurring items) exceeds the
specified percentage thresholds for either of two achievement tiers. If the
higher tier's threshold is achieved the following total amounts for the year
will be paid: Mr. LaMonica - $200,000; Mr. McTernan - $80,000; Mr. Carfora -
$80,000; and Ms. Chadwick - $50,000. If subsequent to a quarterly award payment,
annualized earnings per share growth falls below the threshold achieved for that
payment, the executive is not required to return the payment. If the executive
does not receive a bonus payment for a particular quarter or receives the lower
tier bonus payment for the quarter, and annualized earnings per share growth
increases

<PAGE>

in a later quarter to either the lower or higher tier threshold, then, in
addition to receiving a payment for the later quarter, the executive will
receive a payment for the earlier quarter as if the threshold achieved during
the later quarter were also achieved during the earlier quarter.

      Ms. Magurno, along with other senior management personnel, is eligible for
cash bonuses to be awarded in the discretion of the Compensation Committee.
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4443 Enrolled Bill (ENR)]

        H.R.4443

                     One Hundred Thirteenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Friday,
           the third day of January, two thousand and fourteen

                                 An Act

 
To designate the facility of the United States Postal Service located at 
   90 Vermilyea Avenue, in New York, New York, as the ``Corporal Juan 
                Mariel Alcantara Post Office Building''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. CORPORAL JUAN MARIEL ALCANTARA POST OFFICE BUILDING.
    (a) Designation.--The facility of the United States Postal Service 
located at 90 Vermilyea Avenue, in New York, New York, shall be known 
and designated as the ``Corporal Juan Mariel Alcantara Post Office 
Building''.
    (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 ``Corporal 
Juan Mariel Alcantara Post Office Building''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
Nadia Nicole FAUCHER, Plaintiff, v. Todd Thomas MARCUS, Defendant.

No. COA16-1056

Court of Appeals of North Carolina.

Filed: June 6, 2017

DISMISSED.
<PAGE>

                                                                    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


In connection with the Quarterly Report of DSA Financial Corporation (the
"Company"), on Form 10-QSB for the period ended September 30, 2004, as filed
with the Securities and Exchange Commission on the date of this Certification
(the "Report"), I, Edward L. Fischer, President and Chief Executive 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.

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.

                                          /s/ Edward L. Fischer
                                          -------------------------------------
                                          Edward L. Fischer
                                          President and Chief Executive Officer

        Date: November 10, 2004
STATE v. Stephen KYPRIANIDES

26P18-1

Supreme Court of North Carolina.

March 1, 2018

Stephen Kyprianides, for Kyprianides, Stephen.

Joseph L. Hyde, Assistant Attorney General, Valerie Mitchell Asbell, District Attorney, for State of North Carolina.

The following order has been entered on the motion filed on the 22nd of January 2018 by Defendant for Petition for Discretionary Review:

"Motion Dismissed by order of the Court in conference, this the 1st of March 2018."

Ervin, J. recused
GARY RICHARDS,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D17-2745

_____________________________/

Opinion filed November 6, 2017.

An appeal from the Circuit Court for Alachua County.

Mark W. Moseley, Judge.

Gary Richards, pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Amanda D. Stokes, Assistant Attorney 

General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

ROWE, MAKAR, and BILBREY, JJ., CONCUR.