alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
- 568 -

Nebraska Supreme Court Advance Sheets

297 Nebraska Reports

COHAN v. MEDICAL IMAGING CONSULTANTS

Cite as 297 Neb. 568

Mary Cohan and Terry Cohan, individually

and as wife and husband, appellants and

cross-appellees, v. Medical Imaging

Consultants, P.C., et al., appellees

and cross-appellants.

___ N.W.2d ___

Filed August 25, 2017. No. S-16-145.

supplemental opinion

Appeal from the District Court for Douglas County: James T. 

Gleason, Judge. Supplemental opinion: Former opinion modified. Motions for rehearing overruled.

Richard J. Rensch and Sean P. Rensch, of Rensch & Rensch 

Law, P.C., L.L.O., for appellants.

David D. Ernst and Kellie Chesire Olson, of Pansing, Hogan, 

Ernst & Bachman, L.L.P., for appellees Medical Imaging 

Consultants, P.C., and Robert M. Faulk, M.D.

William R. Settles and Kate Geyer Johnson, of Lamson, 

Dugan & Murray, L.L.P., for appellees Bellevue Obstetrics and 

Gynecology Associates, P.C., et al.

Heavican, C.J., Wright, Miller-Lerman, Cassel, Stacy, and

Kelch, JJ.

Nebraska Supreme Court Online Library

www.nebraska.gov/apps-courts-epub/

10/13/2017 12:10 AM CDT
- 569 -

Nebraska Supreme Court Advance Sheets

297 Nebraska Reports

COHAN v. MEDICAL IMAGING CONSULTANTS

Cite as 297 Neb. 568

Per Curiam.

We consider the appellees’ motions for rehearing concerning our opinion in Cohan v. Medical Imaging Consultants.

1

We overrule the motions, but we modify the original opinion 

as follows:

In the section of the opinion designated “3. Cross-Appeals

by Appellees,” we add a sentence at the end of the first 

paragraph,2 such that the paragraph reads as follows:

Appellees’ cross-appeals assign as error the admission 

of Dr. Naughton’s testimony. Appellees moved to strike 

Dr. Naughton’s testimony because they claimed that only 

Mary’s prognosis at the time of trial was relevant and that 

Nebraska did not recognize a theory of recovery based 

upon loss of chance. The district court, in overruling 

the motions to strike, found that Dr. Naughton’s opinion 

was relevant for the limited purpose of establishing that 

early discovery of cancer leads to a better prognosis. We 

understand the district court to have used “prognosis” to 

refer to the risk of recurrence and the probability of an 

improved outcome.

The remainder of the opinion shall remain unmodified.

 Former opinion modified.

 Motions for rehearing overruled.

Funke, J., not participating.

1 Cohan v. Medical Imaging Consultants, ante p. 111, ___ N.W.2d ___ 

(2017).

2 Id. at 129-130, ___ N.W.2d at ___.
Order filed July 14, 2015

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 15

- 00168

- CV

____________ KAMAL KADI , Appellant

V.

AUTUMN CHACE HOMEOWN ER'S ASSOCIATION, IN C. & CREATIVE

MANAGEMENT COMPANY , Appellee s

On Appeal from Co unty Civil C our t at Law No

. 1

Harris County, Texas Trial Court Cause No. 1050834



### ORDER
Appellant’s brief was filed on Ma rch 5 , 2015. The court has determined that appellant has not properly presented this cause in the brief on file. Appellant failed to substantially comply with Rule 38 of the Texas Rules of Appellate Procedure.
See Tex. R. App. P. 38.1 (c), (d), (f), (g), and (i)

. Accordingly, pursuant to Rule 38.9, the court orders appellant to rebrief. See Tex. R. App. P. 38.9. Appellant’s amended brief is due within 30 days of the dateof this order and appellee’s responsive brief shall be due 30 days after appellant’s

revised brief is filed. If appellant fails to file his brief within 30 days of the date of this order, the appeal will be dismissed for want of prosecution. See Tex. R. App. P. 42.3(b).

PER CURIAM

Panel consists of Justices Christopher, Brown and Wise.
exv10w1






Exhibit 10.1




SECOND AMENDMENT TO

KEY EMPLOYEE AGREEMENT




               This Second Amendment, effective as of August 13, 2009 (“Effective Date”), is entered into by
and between Watson Pharmaceuticals, Inc., a corporation organized under the laws of the State of
Nevada (the “Company”), and Thomas R. Russillo (the “Executive”). This Second Amendment amends
that certain Key Employee Agreement entered into by and between the Company and Executive dated
effective as of September 5, 2006, as amended from time to time (the “Agreement”). This Second
Amendment to the Agreement, together with the Agreement, constitutes the entire Agreement as
amended through the Effective Date.




	 	1.	 	Term of the Agreement. The first sentence of Section 1 of the Agreement is
hereby amended by replacing “2009” with “2010.”
	 
	 	2.	 	Severance Benefits Upon a Termination Without Cause. Section 4.1(a) of Exhibit
A is hereby deleted in its entirety and replaced with the following language:




“(a) A lump sum severance payment, subject to standard withholdings or deductions, in an amount
equal to either (i) if Executive’s employment is terminated during 2009, twelve (12) months base
salary, plus Executive’s target bonus for 2009, plus Executive’s pro-rated bonus for 2009; or (ii)
if Executive’s employment is terminated during 2010, Executive’s base salary for the remainder of
2010, plus Executive’s target bonus for 2010.”





	 	3.	 	No Other Changes. Except as provided in this Second Amendment, the Agreement
shall remain in full force and effect.





     IN WITNESS WHEREOF, the Company has caused this Amendment to be executed by its duly
authorized officer and the Executive has executed this Amendment as of the Effective Date.



	 	 	 	 	 	 	 	 	 	 	 
	WATSON PHARMACEUTICALS, INC.	 	 	 	EXECUTIVE	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	By:
	 	/s/ David A. Buchen 	 	 	 	/s/ Thomas R. Russillo	 	 
	 	 	 	 	 	 	 	 	 
	 

	 	 	 	 	 	Thomas
	 	R. Russillo	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Its:
	 	Senior Vice President, 
General Counsel and Secretary	 	 	 	 	 	 	 	 
	 

	 	 

	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Date:

	 	August 13, 2009	 	 	 	Date:	 	August 13, 2009
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

UP APARTMENTS, LLC, 

Appellant,

v. Case No. 5D23-0234

LT Case No. 2019-CA-4475-MA

CRISTOBAL BALDERA, AS PARENT 

AND NATURAL GUARDIAN OF M.B., 

A MINOR, 

Appellee.

/ 

Opinion filed June 2, 2023

Appeal from the Circuit Court

for Duval County, 

Marianne L. Aho, Judge.

Kurt T. Koehler, of Cole, Scott & 

Kissane, P.A., Jacksonville, for 

Appellant. 

Chad A. Barr, of Chad Barr 

Law, Altamonte Springs, for 

Appellee. 

ON CONFESSION OF ERROR

PER CURIAM.

Appellant appeals a final judgment. Appellee has filed a confession of 

error. We accept the confession of error, reverse the judgment, and remand 
2 

for further proceedings.

REVERSED AND REMANDED.

SOUD, BOATWRIGHT and KILBANE, JJ., concur.
---

CONSENT OF EXPERT

Reference is made to the Annual Report on Form 40-F (the
40-F) of Platinum Group Metals Ltd. (the Company) for the fiscal year ended
August 31, 2012 to be filed with the United States Securities and Exchange
Commission pursuant to the United States Securities Exchange Act of 1934, as
amended, and the Annual Information Form (the AIF) and Managements Discussion
and Analysis(MD&A) of the Company for the year then ended, which
are incorporated by reference therein.

Each of the undersigned hereby consents to the references to,
and the information derived from, the report titled Updated Technical Report
(Updated Feasibility Study) Western Bushveld Joint Venture (Elandsfontein and
Frischgewaagd), dated November 20, 2009 and to the references, as applicable,
to the undersigneds name, in each case, included in or incorporated by
reference in the 40-F, the AIF and the MD&A..

Turnberry Projects (Pty) Ltd.
By:      Turnberry Projects (Pty) Ltd
Name:  Gordon I CUNNINGHAM Title:    Principal
Process Engineer Date:    November 23, 2012

Gordon I. Cunningham_____________________
Gordon I. Cunningham Date:    November 23, 2012

Turnberry Projects (Pty)
Ltd.By:       Turnberry Projects (Pty) Ltd
Name:  Timothy V
SPINDLERTitle:    Principal Mining Engineer
Date:    November 23, 2012

Timothy Spindler_____________________ Timothy
SpindlerDate:    November 23, 2012

---
Case 1:06-cv-15061-AKH Document 5 Filed 12/08/2006 Page 1 of 1
Case 1:06-cv-14853-AKH Document 4 Filed 12/08/2006 Page 1 of 1
**Exhibit 23**

 

**Consent of Independent Registered Public Accounting Firm**

 

We consent to the incorporation by reference in Registration Statements (Nos. 333-121942, 333-136739, and 333-138735) on Form S-3 and (Nos. 333-162807, 333-146459, 333-126834, 333-75728, 333-44907 and 333-30396) on Form S-8 of Iteris, Inc. of our report dated June 1, 2011, relating to our audit of the consolidated financial statements, which appear in this Annual Report on Form 10-K of Iteris, Inc. for the year ended March 31, 2011.

 
| /s/   McGladrey & Pullen, LLP |   |
|----------------------------------------|--------|
| Irvine,   California                   |   |
| June 1,   2011                    |   |

 

----
#### STATE v. GINN

No. 663P82.

Case below: 59 N.C. App. 363.

Petition by defendant for discretionary review under G.S. 7A-31 denied 7 December 1982. Notice of Appeal dismissed 7 December 1982.
EXHIBIT 24.2

                          INDEPENDENT AUDITORS' CONSENT

      We consent to the incorporation by reference in the Registration
Statements Nos. 33-34590, 33-75338 and 33-19027 of DI Industries, Inc. on Form
S-8 and Registration Statements Nos. 333-14783, 333-6077 and 333-2043 of DI
Industries, Inc. on Form S-3, of our report dated March 28, 1996, appearing in
this Annual Report on Form 10-K of DI Industries, Inc. for the year ended
December 31, 1996.

Deloitte & Touche LLP

Houston, Texas
March 24, 1997
Exhibit
32.1






Section 1350 Certification
of Principal Executive Officer







The
undersigned, Chairman, President and Treasurer of Jaco Electronics, Inc. (the
"Company"), hereby certifies 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, that: (1) the Quarterly Report on Form 10-Q of the Company for the
quarterly period ended March 31, 2008 (the “Quarterly Report”) accompanying this
certification 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 Quarterly Report fairly presents, in all material respects, the
financial condition and results of operations of the Company as of the dates and
for the periods presented as required by such report. The foregoing
certification is based upon, among other things, my responsibilities as
principal executive officer of the Company, my own due diligence and
representations made by certain other members of the Company’s senior
management.





Date:  May
15, 2008





/s/ Joel H.
Girsky


Joel H.
Girsky


Chairman,
President and Treasurer


(Principal
Executive Officer)
Case 1:07-cv-03369-AJP Document 10-5 Filed 05/18/2007 Page 1 of 5
Case 1:07-cv-03369-AJP Document 10-5 Filed 05/18/2007 Page 2 of 5
Case 1:07-cv-03369-AJP Document 10-5 Filed 05/18/2007 Page 3 of 5
Case 1:07-cv-03369-AJP Document 10-5 Filed 05/18/2007 Page 4 of 5
Case 1:07-cv-03369-AJP Document 10-5 Filed 05/18/2007 Page 5 of 5
Case 1:06-cv-15118-AKH Document 2 Filed 12/08/2006 Page 1 of 1
#### REALTORS, INC. v. KINARD

No. 148 PC.

Case below: 45 N.C. App. 545.

Petition by plaintiff for discretionary review under G.S. 7A-31 denied 3 June 1980.
Exhibit 10.18
​

关于招股说明书不存在虚假记载、误导性陈述或者重大遗漏的承诺函
Letter of Commitment on No False Record, Misleading Statement or Major Omission in the Prospectus
鉴于北京通美晶体技术股份有限公司(以下简称“发行人”)拟申请首次公开发行股票并在科创板上市(以下简称“本次发行上市”),本企业作为发行人的控股股东,特此承诺如下:
In view that Beijing Tongmei Xtal Technology Co., Ltd. (hereinafter referred to as “the Issuer”) plans to apply for an IPO (initial public offering) and be listed on the Science and Technology Innovation Board (hereinafter referred to as “this Listing”), our enterprise, as the controlling shareholder of the Issuer, hereby undertakes as follows:
一、发行人本次发行上市的招股说明书及其他信息披露资料不存在虚假记载、误导性陈述或者重大遗漏,本企业对其真实性、准确性、完整性承担个别和连带的法律责任。
I. There is no false record, misleading statement or major omission in the prospectus for this Listing and other information disclosure materials, and our enterprise shall bear individual and joint and several legal liabilities for their authenticity, accuracy and integrity.
二、若中国证券监督管理委员会(以下简称“中国证监会”)、上海证券交易所或其他有权部门认定招股说明书所载内容存在虚假记载、误导性陈述或者重大遗漏之情形,且该等情形对判断发行人是否符合法律规定的发行条件构成重大、实质影响的,则本企业承诺将依据《中华人民共和国公司法》《中华人民共和国证券法》的规定购回本企业已转让的原限售股份(如有)。
II. If China Securities Regulatory Commission (hereinafter referred to as “CSRC”), Shanghai Stock Exchange or other authorities affirm that there is circumstance of false record, misleading statement or major omission in the prospectus and that such circumstance constitutes the major and material impact on judging whether the Issuer complies with the issuance conditions stipulated by laws, then our enterprise shall undertake to repurchase the original restricted shares, which have been transferred by our enterprise (if any), in accordance with the Company Law of the People’s Republic of China and the Securities Law of the People’s Republic of China.
三、如发行人招股说明书及其他信息披露资料有虚假记载、误导性陈述或者重大遗漏,致使投资者在证券发行和交易中遭受损失的,本企业将依法赔偿投资者损失。
III. If there is false record, misleading statement or major omission in the Issuer’s prospectus and other information disclosure materials, causing the losses to the investors in the securities issuance and transactions, our enterprise will compensate the investors for the losses according to law.
​

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​




Exhibit 10.18
​

(本页以下无正文)
(There is no text below this page)
​
​

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​




Exhibit 10.18
​

(本页无正文,为《关于招股说明书不存在虚假记载、误导性陈述或者重大遗漏的承诺函》的签署页)
(Without text, this page is a signing page of Letter of Commitment on No False Record, Misleading Statement or Major Omission in the Prospectus)
​
	​
	AXT, Inc.
(盖章)
(Sealed)
​
签署:
Signed by:
姓名:MORRIS SHEN-SHIH YOUNG
Name: MORRIS SHEN-SHIH YOUNG
职务:授权代表
Title: authorized representative
​
日期:年月日
Date: MM/DD/YY



​

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​
UNITED STATES DISTRICT COURT/SOUTHERN DISTRICT OF NEW YORK

--

Attorney: MYERS & GALIARDO, LLP

-

MIGUEL SANCHEZ

Plaintiff(s)

Index # 07 CV 3253 (KOEL TL)

against

Purchased April 23, 2007

THE CITY OF NY, ETAL

Defendant(s)

AFFIDAVIT OF SERVICE

STATE OF NEW YORK. COUNTY OF NEW YORK 55

ANDERSON CHAN BEING DULY SWORN DEPOSES AND SAYS DEPONENT IS NOT A PARTY TO THIS ACTION, OVER THE AGE

OF EIGHTEEN YEARS AND RESIDES IN THE STATE OF NEW YORK.

That on May 7, 2007 at 01.40 PM at

NARCOTIC BORO

MANHATTAN NORTH

1 POLICE PLAZA, ROOM 1100

NEW YORK, NY 10038

deponent served the within SUMMONS AND COMPLAINT on SGT. PEDRO CASTILLO therein named

by delivering thereat a true copy of each to MR. PAYNE a person of suitable age and discretion. Said premises is

Defendant's actual place of business within the state. He identified himself as the CO-WORKER of the Defendant

SUITABLE

AGE

Deponent further states that he describes the person actually served as follows

Age (Approx.) Weight (Approx)

40

Height (Approx.)

BALD 6'0 220

Sex

MALE

Deponent enclosed a copy of same in a postpaid wrapper properly addressed to the Defendant at the Defendant's actual

place of business at

MAILING

NARCOTIC BORO

MANHATTAN NORTH

1 POLICE PLAZA, ROOM 1100

NEW YORK, NY 10038

and deposited said wrapper in a post office or official depository under exclusive care and custody of the United States

Postal Service within New York State on May 8, 2007 by REGULAR FIRST CLASS MAIL in an envelope marked

PERSONAL & CONFIDENTIAL and not indicating on the outside thereof, by return address or otherwise, that the

communication is from an attorney or concerns an action against the person to be served.

Person spoken to was asked whether the Defendant was in the military service of the State of New York or the United

States and received a negative reply. Upon information and belief based upon the conversation and observation as

aforesaid deponent avers that the Defendant is not in the military service of the State of New York or the United States as

that term is defined in the statutes of the State of New York or the Federal Soldiers and Sailors Civil Relief Act.

MILITARY

SERVICE

That at the time of such service deponent knew the person so served as aforesaid to be the same person mentioned and

described as the Defendant in this action.

,

Sworn to me on: May 8,

ICHAN

y k C t .'--', License #: 1220482

, or ouny I

June 8, 2010 --'Invoice #: 439076

3RD FLOOR, 315 BROADWAY, NEW YORK, NY 10007- (212) 619-0728

SMITH JONATHAN GRABER

'c, State of New York Notary Public, State of New York

No.01GR6156780

Qualified in New YorK County

Comm. Expires December 4. 201 v

JOELGRABER

Notary Public. State of New.

No. 02GR4699723

Qualified in New York County

Comm. Expires February 10.2010

UNITED PROCESS SERVICE

Case 1:07-cv-03253-JGK Document 4 Filed 05/11/2007 Page 1 of 1
#### STATE v. MARKHAM

No. 48 PC.

Case below: 20 N.C. App. 736.

Petition for writ of certiorari to North Carolina Court of Appeals denied 2 April 1974.
[Federal Register Volume 70, Number 224 (Tuesday, November 22, 2005)]
[Notices]
[Pages 70580-70581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23168]


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

DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service


South Fork Licking River Watershed Licking, Perry, and Fairfield 
Counties, OH

AGENCY: Natural Resources Conservation Service, Agriculture.

ACTION: Notice of Intent to Prepare an Environmental Impact Statement.

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

SUMMARY: Pursuant to Section 102(2)(C) of the National Environmental 
Policy Act of 1969; the Council on Environmental Quality Guidelines (40 
CFR part 1500); and the Natural Resources Conservation Service 
Guidelines (7 CFR part 650); The Natural Resources Conservation 
Service, U.S. Department of Agriculture, gives notice that an 
environmental impact statement is being prepared for South Fork of 
Licking River Watershed, Licking, Perry, Fairfield Counties, Ohio.

FOR FURTHER INFORMATION CONTACT: Terry Cosby, State Conservationist, 
Natural Resources Conservation Service; 200 North High Street; Room 
522; Columbus, Ohio 43215-2478, telephone 614-259-2500.

SUPPLEMENTARY INFORMATION: The environmental reassessment of this 
previously approved federally assisted action indicates that the 
project might cause significant local, regional, or national impact on 
the environment. As a result of these findings, Terry Cosby, State 
Conservationist, has determined that the preparation and review of a 
supplemental environmental impact statement is needed for this project.
    The project concerns are watershed protection and flood prevention. 
Alternatives under consideration are channel modification, installation 
of a by-pass channel, obstruction removal, the creation of a temporary 
flood water impoundment, and the installation of a dry dam.
    A supplemental draft environmental impact statement will be 
prepared and circulated for review by agencies and the public. The 
Natural Resources Conservation Service invites participation and 
consultation of agencies and individuals that have special expertise, 
legal jurisdiction, or interest in the preparation of the draft 
environmental impact statement.
    Meetings will be held Thursday, December 15, 2005, from 2 to 4 p.m. 
and 7 to 9 p.m. at the Hebron Municipal Building, Hebron, Ohio, to 
determine the scope and evaluation of the proposed action. Further 
information on the proposed action or scoping meeting

[[Page 70581]]

may be obtained from Terry Cosby, State Conservationist, at the above 
address or telephone 614-259-2500.

    Dated: November 16, 2005.
Terry J. Cosby,
State Conservationist.

(This activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.904--Watershed Protection and Flood 
Prevention--and is subject to the provisions of Executive Order 
12372, which requires inter-governmental consultation with State and 
local officials).

[FR Doc. 05-23168 Filed 11-21-05; 8:45 am]
BILLING CODE 3410-16-P
Case 1:06-cv-15001-AKH Document 3 Filed 12/08/2006 Page 1 of 1
#### HIGH v. HIGH

No. 58 PC.

Case below: 21 N.C. App. 100.

Petition for writ of certiorari to North Carolina Court of Appeals denied 8 May 1974.
Case 1:07-cv-03355-LTS     Document 13      Filed 05/10/2007     Page 1 of 1
# Tanker Accounted for from WWII (Walker, G.)

/ Published Nov. 22, 2023
WASHINGTON, 
The Defense POW/MIA Accounting Agency (DPAA) announced today that U.S. Army 2nd Lt. Gene F. Walker, 27, of Richmond, Indiana, killed during World War II, was accounted for July 21, 2023.

In November 1944, Walker was assigned to Company H, 3rd Battalion, 32nd Armored Regiment, 3rd Armored Division, as the commander of an M4 Sherman tank. His unit was engaged in battle with German forces near Hücheln, Germany, when his tank was hit by an 88-mm anti-tank round. The hit caused a fire and is believed to have killed Walker instantaneously. The surviving crew bailed out of the tank, but when they regrouped later were unable to remove Walker from the tank due to heavy fighting. The War Department issued a presumptive finding of death in April 1945.

Following the end of the war, the American Graves Registration Command was tasked with investigating and recovering missing American personnel in Europe. They conducted several investigations in the Hücheln area September 1948. Town locals were interviewed, but there were no reports of deceased American servicemembers in the area. All efforts to locate 2LT Walker proved unsuccessful at the time.

While studying unresolved American losses in the Hücheln area, a DPAA historian determined that one set of unidentified remains, designated X-157 Henri-Chapelle, recovered from one of the burned-out tanks in Hücheln in December 1944 possibly belonged to Walker. The remains, which had been buried in Henri-Chapelle U.S. Military Cemetery, an American Battle Monuments Commission site in Hombourg, Belgium, were disinterred in August 2021 and sent to the DPAA laboratory for analysis.

To identify Walker’s remains, scientists from DPAA used anthropological analysis, as well as circumstantial evidence. Additionally, scientists from the Armed Forces Medical Examiner System used mitochondrial DNA (mtDNA).

Walker’s name is recorded on the Walls of the Missing at Netherlands American Cemetery, an American Battle Monuments Commission site in Margarten, Netherlands, along with the others still missing from World War II. A rosette will be placed next to his name to indicate he has been accounted for.

Walker will be buried in San Diego, California, in early 2024.

For family and funeral information, contact the Army Casualty Office at (800) 892-2490.

DPAA is grateful to the American Battle Monuments Commission and to the U.S. Army Regional Mortuary-Europe/Africa for their partnership in this mission.

For additional information on the Defense Department’s mission to account for Americans who went missing while serving our country, visit the DPAA website at www.dpaa.mil, and find us on social media at www.facebook.com/dodpaa or https://www.linkedin.com/company/defense-pow-mia-accounting-agency.