alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### NORTHPORT HEALTH SERVICES, etc., Appellant, v. ESTATE OF Vervil M. RAIDOJA, etc., Appellee.

No. 5D03-898.

District Court of Appeal of Florida, Fifth District.

July 25, 2003.

Dale R. Sisco of Dale R. Sisco, P.A., Tampa, for Appellant.

William R. Daniel of Morgan, Colling & Gilbert, P.A., Tampa, for Appellee.

PLEUS, J.

In this nursing home abuse case, we affirm an order denying the nursing home’s motion to abate and to compel arbitration. After the decedent’s estate filed suit against the nursing home and its par*235ent company, the nursing home filed a motion to abate and to compel arbitration pursuant to an arbitration provision in an admission agreement between the nursing home and the decedent.

The order on appeal states:

> Although public policy favors the enforcement of arbitration agreements, this one is fatally flawed. Another paragraph of the same Admission Agreement states that the laws of the state of Alabama shall control interpretation, construction, and enforcement of the contract, and that venue shall be proper exclusively in Tuscaloosa County, Alabama. If an arbitration clause, such as this one, calls for arbitration that is to take place in a foreign jurisdiction, Florida courts cannot, over objection, compel arbitration. *Post Tensioned Engineering Corp. v. Fairways Plaza Associates,*412 So.2d 871 (Fla. 3d DCA 1982), *see also Damora v. Stresscon Intl., Inc.,*324 So.2d 80 (Fla.1976).

The admission agreement states that “Tuscaloosa County, Alabama shall be the sole and exclusive venue for any litigation, special proceeding, or any other proceeding between the parties that may arise out of, in connection with, or by reason of this Agreement.” We agree with the circuit court that the arbitration provision is not enforceable because the agreement requires arbitration to occur in another state. *Damora; Post Tensioned Engineering.*

Because of our affirmance on this issue, we need not address the additional issues raised by the parties.

AFFIRMED.

SHARP, W., and PETERSON, JJ„ concur.
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4562 Engrossed in House (EH)]

113th CONGRESS
  2d Session
                                H. R. 4562

_______________________________________________________________________

                                 AN ACT

 
     To authorize early repayment of obligations to the Bureau of 
 Reclamation within the Northport Irrigation District in the State of 
                               Nebraska.

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

SECTION 1. EARLY REPAYMENT OF CONSTRUCTION COSTS.

    (a) In General.--Notwithstanding section 213 of the Reclamation 
Reform Act of 1982 (43 U.S.C. 390mm), any landowner within the 
Northport Irrigation District in the State of Nebraska (referred to in 
this section as the ``District'') may repay, at any time, the 
construction costs of project facilities allocated to the landowner's 
land within the District.
    (b) Applicability of Full-Cost Pricing Limitations.--On discharge, 
in full, of the obligation for repayment of all construction costs 
described in subsection (a) that are allocated to all land the 
landowner owns in the District in question, the parcels of land shall 
not be subject to the ownership and full-cost pricing limitations under 
Federal reclamation law (the Act of June 17, 1902, 32 Stat. 388, 
chapter 1093), and Acts supplemental to and amendatory of that Act (43 
U.S.C. 371 et seq.), including the Reclamation Reform Act of 1982 (13 
U.S.C. 390aa et seq.).
    (c) Certification.--On request of a landowner that has repaid, in 
full, the construction costs described in subsection (a), the Secretary 
of the Interior shall provide to the landowner a certificate described 
in section 213(b)(1) of the Reclamation Reform Act of 1982 (43 U.S.C. 
390mm(b)(1)).
    (d) Effect.--Nothing in this section--
            (1) modifies any contractual rights under, or amends or 
        reopens, the reclamation contract between the District and the 
        United States; or
            (2) modifies any rights, obligations, or relationships 
        between the District and landowners in the District under 
        Nebraska State law.

            Passed the House of Representatives July 22, 2014.

            Attest:

                                                                 Clerk.
113th CONGRESS

  2d Session

                               H. R. 4562

_______________________________________________________________________

                                 AN ACT

     To authorize early repayment of obligations to the Bureau of 
 Reclamation within the Northport Irrigation District in the State of 
                               Nebraska.
```
In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06-15-00086-CV

IN RE TARA BROOK TYNDELL

Original Mandamus Proceeding 

Before Morriss, C.J., Moseley and Burgess, JJ.
2

O R D E R

On October 13, 2015, Tara Brook Tyndell filed a petition for writ of mandamus and a 

motion for emergency relief. The motion for emergency relief requests that this Court stay any 

and all underlying proceedings pending this Court’s ruling on the petition.

After reviewing the relator’s petition and motion, this Court is of the opinion that the 

temporary relief should be granted and that all proceedings and activities in the trial court should 

be stayed pending the ruling of this Court on relator’s petition for writ of mandamus.

Now, therefore, it is ordered that all proceedings and activities in cause number 76,122 in 

the 196th Judicial District Court of Hunt County, Texas, are hereby stayed pending the ruling of 

this Court on the mandamus before us in this case. 

We direct the real party in interest to file a response to this petition for writ of mandamus, 

to be received by this Court on or before October 28, 2015.

IT IS SO ORDERED.

BY THE COURT

Date: October 15, 2015
<PAGE>
                                                                   EXHIBIT 10.51


                                                               February 14, 2001

Brian Krause
1984 Encore Court
Ann Arbor, Michigan  48103


Dear Brian,

     On behalf of Esperion Therapeutics, Inc. (the "Company"), I am pleased to
offer you a position with the Company. The following is an outline of the terms
of this offer:

1.   The position offered is that of Vice President, in the department of
     Pharmacology.

2.   You shall be paid an initial monthly salary of $11,667.00 plus a bonus of
     up to 20% of base salary. The right to receive a bonus for the first year
     of employment or portion thereof for which the Company pays bonuses is
     dependent on continued employment during that period. The magnitude of the
     bonus, if any, will be determined, based upon achievement of a series of
     mutually agreed upon performance objectives/milestones. A proposed series
     of objectives/milestones will be developed between you and your supervisor.

3.   A benefits package will be provided to you which is equivalent to that
     offered to other similarly situated employees with the Company.

4.   Subject to meeting eligibility requirements, we intend to grant to you an
     option to purchase up to 80,000 shares of the Company's common stock under
     one of the Company's equity compensation plans, subject to the approval of
     our Board of Directors. The option grant will become effective on the date
     of such approval, and will have an exercise price that will be equal to or
     greater than the fair market value of a share of our stock on the date of
     such approval, as determined by the Board of Directors. The terms and
     conditions of the option, along with the period during which the option
     will become exercisable, will be set forth in a Stock Option Agreement that
     you will be required to execute.

5.   You will be required to execute the Company's standard forms of
     Non-Competition, as well as Confidentiality and Assignment Agreement.

     If the terms of this offer are acceptable to you, please so indicate by
executing in the space provided below and fax to 734-622-8333, as well as mail
(an original copy) to the Company. Please respond to this offer within two weeks
from the date hereof. After this date (i.e. after February 28, 2001), this offer
may be withdrawn at the discretion of the Company.

     Welcome to Esperion Therapeutics! We look forward to working with you to
bring new medicines to a world of unmet medical needs.

                                Sincerely,

                                /s/ Tim Mayleben

                                Tim Mayleben
                                Vice President, Finance and Administration & CFO
AGREED AND ACCEPTED:

/s/ Brian R. Krause      2-20-01
--------------------------------
Name                        Date
**Exhibit 32.2**

 

In connection with theQuarterly Report of Merisant Worldwide, Inc. (the “Company”) for theperiod ended March 31, 2008 (the “Report”), the undersigned, as VicePresident, Finance, Controller of the Company, hereby certifies, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

 

(1) The Report fullycomplies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

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

 

 
|        |   |   /s/ Julie  Wool              |
|--------|--------|-------------------------------------|
|   |   | Julie Wool                          |
|   |   | Vice President, Finance, Controller |
|   |   | (Principal Financial Officer)       |
|   |   | May 14, 2008                   |

 

1

----
**Exhibit 32. Certification of Chief Executive Officer and Chief Financial Officer ofAtlantic Coast Federal Corporation Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002**Robert J. Larison, Jr., President and Chief Executive Officer, and Jon C. Parker, Sr., VicePresident and Chief Financial Officer of Atlantic Coast Federal Corporation (the “Company”), eachcertify in his capacity as an officer of the Company that he has reviewed the Quarterly Report ofthe Company on Form 10-Q for the quarter ended March 31, 2006 and that to the best of hisknowledge: 1. the report fully complies with the requirements of Sections 13(a) ofthe Securities Exchange Act of 1934, and  2. the information contained in the report fairly presents, in allmaterial respects, the financial condition and results of operationsof the Company.The purpose of this statement is solely to comply with Title 18, Chapter 63, Section 1350 of theUnited States Code, as amended by Section 906 of the Sarbanes-Oxley Act of 2002.A signed original of this written statement required by Section 906 has been provided to theCompany and will be retained by the Company and furnished to the Securities and Exchange Commissionor its staff upon request.Date: May 15, 2006   /s/ Robert J. Larison, Jr. /s/ Jon C. Parker, Sr.   Robert J. Larison, Jr. Jon C. Parker , Sr.President and Vice President andChief Executive Officer Chief Financial Officer
Exhibit 32.2

Written Statement of the Chief Financial Officer

Pursuant to 18 U.S.C. §1350

Solely for the purposes of complying with 18 U.S.C. §1350, I, the undersigned Managing Director and Chief Financial Officer of Regency Centers Corporation, the
general partner of Regency Centers, L.P.(the Partnership), hereby certify, based on my knowledge, that the Annual Report on Form 10-K of the Partnership for the year ended December 31, 2006 (the
Report) fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and that information contained in the Report fairly presents, in all material respects, the financial condition and results of
operations of the Partnership.



|                                                                                     
|-------------------------------------------------------------------------------------
|Date: February 27, 2007                                                              
|                                                                                     
|/s/ Bruce M. Johnson                                                                 
|Bruce M. Johnson                                                                     
|Chief Financial Officer of Regency Centers Corporation, general partner of registrant
Russ Carroll BRYAN, Plaintiff v. Suzanne DAILEY, Defendant

No. COA17-788

Court of Appeals of North Carolina.

Filed: July 3, 2018

AFFIRMED.
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

RICKEY MCGINNIS,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 204 WAL 2021

Petition for Allowance of Appeal from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 6 th day of June, 2022, the Petition for Allowance of Appeal is

GRANTED, LIMITED to the issue set forth below. Allocatur is DENIED as to all remaining

issues. The issue, rephrased for clarity, is:

Whether “generic” false memories expert testimony in a child sexual abuse prosecution, which the defendant is presenting solely to educate jurors about how legitimate and false/distorted memories are and can be created

in children, is admissible at trial?

The above issue does not subsume any question of constitutional dimension. Petitioner’s

application for relief is DENIED

.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                            6628
<SECURITIES>                                         0
<RECEIVABLES>                                   12,776
<ALLOWANCES>                                       413
<INVENTORY>                                      8,332
<CURRENT-ASSETS>                                29,583
<PP&E>                                          40,766
<DEPRECIATION>                                  15,712
<TOTAL-ASSETS>                                 147,592
<CURRENT-LIABILITIES>                            9,746
<BONDS>                                         79,162
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            10
<OTHER-SE>                                      47,701
<TOTAL-LIABILITY-AND-EQUITY>                   147,592
<SALES>                                         95,550
<TOTAL-REVENUES>                                95,550
<CGS>                                           56,346
<TOTAL-COSTS>                                   56,346
<OTHER-EXPENSES>                                20,289
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               8,097
<INCOME-PRETAX>                                 11,877
<INCOME-TAX>                                     4,563
<INCOME-CONTINUING>                              7,314
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     7,314
<EPS-BASIC>                                       7.18
<EPS-DILUTED>                                     7.02


</TABLE>
Fourth Court of Appeals

San Antonio, Texas

October 14, 2016

No. 04-16-00437-CV

Michael E. GEIGER,

Appellant

v.

Paul A. HAMPEL,

Appellee

From the 150th Judicial District Court, Bexar County, Texas

Trial Court No. 2013CI13615

Honorable Renée Yanta, Judge Presiding

O R D E R

Sitting: Karen Angelini, Justice

Marialyn Barnard, Justice

Rebeca C. Martinez, Justice

Appellant’s motion to stay this proceeding is DENIED.

It is so ORDERED on October 14, 2016.

PER CURIAM

ATTESTED TO: ___________________________________

 Keith E. Hottle 

 Clerk of Court
**Judgment of the Court (Third Chamber) of 11 December 2008 – Commission v Austria**

**(Case C‐524/07)**

Failure of a Member State to fulfil obligations – Articles 28 EC and 30 EC – Registration of old used vehicles previously registered in other Member States – Technical requirements with regard to exhaust emissions and noise pollution – Public health – Protection of the environment

1.                     *Approximation of laws – Motor vehicles – Community type-approval procedure – Directives 92/97 and 93/59 – Scope (Council Directives
92/97 and 93/59) (see paras 45-47)*

2.                     *Free movement of goods – Quantitative restrictions – Measures having equivalent effect (Arts 28 EC and 30 EC) (see paras 49-52,
56-64)*

**Re:**

| | |
| --- | --- |
| | Failure of a Member State to fulfil obligations – Infringement of Articles 28 and 30 EC – National rules making the registration of imported used vehicles previously registered in other Member States contingent upon compliance with certain technical requirements, although used vehicles already on the national market and having the same characteristics are not subject to such requirements in cases of re-registration. |

**Operative part**

The Court:

1.      Declares that by requiring, for the purposes of their first registration in Austria, that motor vehicles previously registered
in other Member States which have not undergone, because of their age, a Community type-approval procedure, comply with limit
values in respect of pollutant emissions and noise which are stricter than those they initially had to comply with, in particular,
the values laid down in Council Directive 93/59/EEC of 28 June 1993 amending Directive 70/220/EEC on the approximation of
the laws of the Member States relating to measures to be taken against air pollution by emissions from motor vehicles and
Council Directive 92/97/EEC of 10 November 1992 amending Directive 70/157/EEC on the approximation of the laws of the Member
States relating to the permissible sound level and the exhaust system of motor vehicles, although vehicles having the same
characteristics and which are already authorised to use the roads in Austria are not subject to that requirement in cases
of their re-registration in that Member State, the Republic of Austria has failed to fulfil its obligations under Article
28 EC*;*

2.      Orders the Republic of Austria to pay the costs.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-6890

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

EMERY ANTHONY BRADLEY,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert D. Potter, Senior

District Judge. (CR-91-34, CR-91-49, CA-97-215-P)

Submitted: November 6, 1997 Decided: November 25, 1997

Before WIDENER and LUTTIG, Circuit Judges, and BUTZNER, Senior

Circuit Judge

Dismissed by unpublished per curiam opinion.

Emery Anthony Bradley, Appellant Pro Se. Kenneth Davis Bell,

OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina,

for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals from the district court's order dismissing

his 28 U.S.C.A. § 2255 (West 1994 & Supp. 1997) motion without

prejudice. Because a dismissal without prejudice is generally not

appealable, we deny a certificate of appealability and dismiss the

appeal. See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10

F.3d 1064, 1066-67 (4th Cir. 1993). We dispense with oral argument

because the facts and legal contentions are adequately presented in

the materials before the court and argument would not aid the

decisional process.

DISMISSED
IN RE: T.T.E.

238A18-1

Supreme Court of North Carolina.

December 18, 2018

Michelle F. Lynch, Attorney at Law, for T.T.E.

Janelle E. Varley, Assistant Attorney General, Todd Williams, 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 17th of December 2018 by Juvenile:

"Motion Allowed by order of the Court in conference, this the 18th of December 2018."

Juvenile shall have up to and including the 28th day of January 2019 to file and serve his/her brief with this Court.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
The schedule contains summary financial information extracted from
Morgan Stanley Dean Witter Charter Graham L.P. and is qualified in its
entirety by reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                      19,067,800
<SECURITIES>                                         0
<RECEIVABLES>                                  889,974<F1>
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              21,028,305<F2>
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                21,028,305<F3>
<SALES>                                              0
<TOTAL-REVENUES>                             2,354,804<F4>
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               929,625
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              1,425,179
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          1,425,179
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,425,179
<EPS-BASIC>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1>Receivables include subscriptions receivable of $811,200 and
interest receivable of $78,774.
<F2>In addition to cash and receivables, total assets include net
unrealized gain on open contracts of $1,070,531.
<F3>Liabilities include accrued brokerage fee of $108,150, accrued
management fee of $30,900 and redemptions payable of $228,143.
<F4>Total revenues include realized trading revenue of $839,458, net
change in unrealized of $1,070,531 and interest income of $444,815.
</FN>


</TABLE>