alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
N OTE : This disposition is nonprecedential.


# United States **Court of Appeals**  **for the Federal Circuit**

______________________

COMMONWEALTH LABORAT ORIES, INC., Plaintiff

- Appellee

v.

QUINTRON INSTRUMENT COMPANY, INC., Defendant

- Appellant

______________________

2015

- 2010

______________________
Appeal from the United States District Court for the Southern District of Florida in No. 1:14

- cv

- 20083

- PAS, Judge Patricia A. Seitz.

______________________

JUDGMENT

______________________

J AY F. U TLEY
, Baker & McKenzie LLP, Dallas, TX, argued for plaintiff

- appellee. Also represented by E RIN M. C HOI ; J ODI P ANDOLFI
, L EE S TAPLETON , Miami, FL.

D ANIEL R. J OHNSON , Ryan, Kromholz & Manion, S.C., Milwaukee, WI, argued for defendant

- appellant. Also represented by J OSEPH A. K ROMHOLZ ; L AWRENCE D EAN G OODMAN , Devine Goodman Rasco & Watts

- FitzGerald, LLP, Miami, FL.

______________________T HIS C AUSE having been heard and considered, it is

O RDERED and A DJUDGED :

P ER C URIAM (N EWMAN
, D YK
, and W ALLACH
, Circuit Judges ).

AFFIRMED

. See Fed. Cir. R. 36.

E NTERED BY O RDER OF THE C OURT

May 19, 2016 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court
DEPARTMENT OF HEALTH & HUMAN SERVICES Public Health Service

SEC Tracking Number: SEC00109 

Ms. Rachel Leiton, Director 

Division of Energy Employees Occupational 

 Illness Compensation 

U.S. Department of Labor 

200 Constitution Avenue, N.W., Room C-3321 

Washington, District of Columbia 20210 

Dear Ms. Leiton:

National Institute for Occupational

Safety and Health

Robert A. Taft Laboratories

4676 Columbia Parkway

Cincinnati, OH 45226-1998

Phone: 513-533-6825

Fax: 513-533-6826

January 7, 2013 

On behalf of the Secretary of the Department of Health and Human Services (HHS), and as required 

by 42 C.F.R. § 83.17(d), I am notifying you of the final effect of the HHS decision to designate a 

class of employees from the Los Alamos National Laboratory (LANL) in Los Alamos, New Mexico, 

as an addition to the Special Exposure Cohort (SEC) under the Energy Employees Occupational 

Illness Compensation Program Act of 2000. On December 7, 2012, as provided for under 42 U.S.C. 

§ 7384q(b), the Secretary of HHS designated the following class of employees as an addition to the 

SEC: 

All employees of the Department of Energy, its predecessor agencies, and their contractors 

and subcontractors who worked at the Los Alamos National Laboratory (LANL) in Los 

Alamos, New Mexico from January 1, 1976, through December 31, 1995, for a number of 

work days aggregating at least 250 work days, occurring either solely under this employment 

or in combination with work days within the parameters established for one or more other 

classes of employees in the Special Exposure Cohort. 

This designation became effective on January 6, 2013, as provided for under 42 U.S.C. 

§ 7384l(14)(C). Hence, beginning on January 6, 2013, members of this class of employees, defined 

as reported in this notice, became members of the SEC. 

Sincerely, 

[Signature on File] 

Stuart L. Hinnefeld, Director 

Division of Compensation Analysis and Support 

National Institute for Occupational Safety and Health
<PAGE>   1
                                                                 EXHIBIT 10.16.3

                             FIRST AMENDMENT TO THE
                                    WARRANT
                                       OF
                           WHEELS SPORTS GROUP, INC.



         This FIRST AMENDMENT TO THE WARRANT OF WHEELS SPORTS GROUP, INC.,
dated as of April 14, 1998 (the "First Amendment") is made by Wheels Sports
Group, Inc., a North Carolina corporation (the "Company"), in favor of Indosuez
CM II, Inc. (the "Holder").

         WHEREAS, the Company issued a Warrant dated December 31, 1997 (the
"Warrant") to the Holder, entitling the Holder to purchase 509,358 shares of
Common Stock, par value $0.01 per share (the "Common Stock"), of the Company at
an exercise price of $3.50 per share;

         WHEREAS, in accordance with Section 6.2 of the Warrant, the Warrant
and any provision thereof may be amended, modified or waived by an instrument
in writing signed by the Company and the Requisite Holders (as defined
therein).

         NOW THEREFORE, in consideration of the premises and mutual agreements
contained herein and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto hereby agree
as follows:


                                   SECTION I
                              AMENDMENT TO WARRANT

         The second paragraph of the Warrant is hereby deleted in its entirety
and replaced with the following:

         "The Warrants granted to the Holder hereunder shall become exercisable
on December 31, 1997."


                                   SECTION II
                       PROVISIONS OF GENERAL APPLICATION

         2.1     Except as otherwise expressly provided by this First
Amendment, all of the terms, conditions and provisions to the Warrant remain
unaltered.  The Warrant and this First Amendment shall be read and construed as
one agreement.

         2.2     If any of the terms of this First Amendment shall conflict in
any respect with any of the terms of the Warrant, the terms of this First
Amendment shall be controlling.
<PAGE>   2
         IN WITNESS WHEREOF, Wheels Sports Group, Inc. has caused this First
Amendment to be executed in its corporate name by one of its officers thereunto
duly authorized, as of the day and year first above written.

                                    WHEELS SPORTS GROUP, INC.



                                    By:   /s/ Victor H. Shaffer               
                                       ---------------------------------------
                                       Name:  Victor H. Shaffer
                                       Title:  Interim Chief Executive Officer


Agreed to and Accepted:

INDOSUEZ CM II, INC.


By:   /s/ Michael Arougheti    
   --------------------------------
   Name:  Michael Arougheti
   Title:  Vice President




                                      2
Exhibit 4.1


 


THE BANK OF NEW YORK MELLON


NEW YORK’S FIRST BANK-FOUNDED 1784 BY ALEXANDER HAMILTON


 


 


2 HANSON PLACE, 12TH FLOOR, BROOKLYN,
N.Y. 11217


 


 


 


December 30, 2015


 


Hennion & Walsh, Inc.


2001 Route 46, Waterview Plaza


Parsippany, New Jersey 07054


 


Smart Trust, Morningstar Dividend Yield Focus
Trust, Series 12


 


Dear Sirs:


The Bank of New York
Mellon is acting as trustee for Smart Trust, Morningstar Dividend Yield Focus Trust, Series 12 set forth above (the “Trust”).
We enclosed a list of the Securities to be deposited in the Trust on the date hereof. The prices indicated therein reflect our
evaluation of such Securities as of close of business on December 29, 2015, in accordance with the valuation method set forth in
the Standard Terms and Conditions of Trust and Trust Agreement. We consent to the reference to The Bank of New York Mellon as the
party performing the evaluations of the Trust Securities in the Registration Statement (No. 333-207284) filed with the Securities
and Exchange Commission with respect to the registration of the sale of the Trust Units and to the filing of this consent as an
exhibit thereto.


 


 


Very truly yours,


 


/s/ GERARDO CIPRIANO            


Gerardo Cipriano


Vice President
##### 



Exhibit   99.1

Certification Pursuant
 to 18 U.S.C. Section 1350, asAdopted Pursuant to Section 906 of the Sarbanes-Oxley
 Act of 2002

In connection with the Quarterly Report of Concord EFS, Inc. (the Company)
 on Form 10-Q for the period ended September 30, 2002, as filed with the Securities and
 Exchange Commission on the date hereof (the Report), I, Dan M. Palmer,
 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:



| | (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.



|Dated: November
 13, 2002 | By:  /s/ Dan
 M. Palmer 
|------------------------- | ------------------------
|                          |                         
|                          | Dan M. Palmer           
|                          | Chief Executive
 Officer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
Financial Data Schedule Exhibit EPS 27.1
</LEGEND>
<MULTIPLIER> 1000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          41,146
<SECURITIES>                                    40,200
<RECEIVABLES>                                   23,648
<ALLOWANCES>                                  (17,856)
<INVENTORY>                                          0
<CURRENT-ASSETS>                               134,169
<PP&E>                                           9,383
<DEPRECIATION>                                 (3,237)
<TOTAL-ASSETS>                                 149,620
<CURRENT-LIABILITIES>                           83,222
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            16
<OTHER-SE>                                      47,639
<TOTAL-LIABILITY-AND-EQUITY>                   149,620
<SALES>                                              0
<TOTAL-REVENUES>                                45,326
<CGS>                                                0
<TOTAL-COSTS>                                   25,798
<OTHER-EXPENSES>                                11,826
<LOSS-PROVISION>                                 8,082
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  7,702
<INCOME-TAX>                                     3,471
<INCOME-CONTINUING>                              4,231
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,231
<EPS-PRIMARY>                                     0.32<F1>
<EPS-DILUTED>                                     0.31

<FN>
<F1>EPS-Primary is EPS-Basic.
</FN>

</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

 No. 07-7652 

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

STEPHAN M. BULLIS,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern

District of North Carolina, at New Bern. James C. Fox, Senior

District Judge. (5:95-cr-00142-F)

Submitted: January 17, 2008 Decided: January 28, 2008

Before TRAXLER, SHEDD, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Stephan M. Bullis, Appellant Pro Se. John Howarth Bennett, OFFICE

OF THE UNITED STATES ATTORNEY, Greenville, North Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

Stephan M. Bullis appeals the district court’s order

denying his motion for modification of sentence. We have reviewed

the record and find no reversible error. Accordingly, we affirm

for the reasons stated by the district court. United States v.

Bullis, No. 5:95-cr-00142-F (E.D.N.C. Oct. 19, 2007). 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.

AFFIRMED
PUBLISH IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

No. 94-9121 AURELIA DAVIS, as Next Friend of LaShonda D., Plaintiff-Appellant,
versus MONROE COUNTY BOARD OF EDUCATION, et al., Defendants-Appellees.

-------------------------- Appeal from the United States District Court for the Middle District of Georgia

-------------------------- ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC (Opinion February 14, 1996, 11th Cir., 1996, F.2d ) (August 1, 1996) Before TJOFLAT, Chief Judge, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges.*
B Y T H E C O U R T : A member of this court in active service having requested a poll on the suggestion of rehearing en banc and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED.

_________________________ *Senior U.S. Circuit Judge Albert J. Henderson has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-7847
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus DARIUS KEITH RAINEY, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Richard L. Voorhees, Chief District Judge. (CR-98-93; CA-05-310-3) Submitted: March 30, 2006 Decided: April 10, 2006 Before TRAXLER, GREGORY, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Darius Keith Rainey, Appellant Pro Se. Gretchen C. F. Shappert, 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: Darius Keith Rainey seeks to appeal the district court's order denying as successive his motion filed under 28 U.S.C. § 2255 (2000). The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue absent "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court's assessment of his constitutional claims is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. SeeMiller-El v. Cockrell , 537 U.S. 322, 336-38 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000); Rose v. Lee , 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Rainey has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. 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
THE THIRTEENTH COURT OF APPEALS

13-20-00034-CR

Jay Ben Taylor

v.

The State of Texas

On Appeal from the

87th District Court of Leon County, Texas

Trial Court Cause No. 17-0063CR

JUDGMENT

THE THIRTEENTH COURT OF APPEALS, having considered this cause on 

appeal, concludes that the judgment of the trial court should be affirmed as modified by 

this Court. The Court orders the judgment of the trial court AFFIRMED AS MODIFIED.

We further order this decision certified below for observance.

July 29, 2021
Exhibit 10.6


 





AMENDMENT TO EMPLOYMENT AGREEMENT


 


TO INCREASE ANNUAL SALARY


 


Re: EMPLOYMENT AGREEMENT entered into as of
January 20, 2011, by and between Cancer Prevention Pharmaceuticals, Inc., a Delaware Company (“CCP”) and Jeffrey Jacob
(“Employee”).


 


Effective September 2, 2013 (the “Amendment
Effective Date”), Employee and CPP hereby agree to amend section 1 Salary; Equity Awards of the above stated agreement to
increase the annual salary to $310,000.00.


 


Except as expressly provided above, all other
terms and conditions of this agreement remain in full force and effect unchanged.


 


If the foregoing is acceptable, please so indicate
by signing where indicated below.


 


Jeffrey Jacob (Employee)


  





	/s/ Jeffrey Jacob	 
	Signature	 







 








Date: 9-2-13


 


Cancer Prevention Pharmaceuticals, Inc. (CPP)


  





	/s/ Eugene Gerner	 
	Eugene Gerner, CSO	 







 


Date: 9-2-13
Document Headings

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

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Commerce

###### National Oceanic and Atmospheric Administration

# AGENCY:

National Marine Sanctuary Program (NMSP), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC).

# ACTION:

Notice of availability.

# SUMMARY:

                        The final revised management plan for the Florida Keys National Marine Sanctuary (FKNMS) has been approved and is now available. The plan is the result of a multi-year management plan review at the FKNMS that included extensive public, as well as state, local and other federal agency involvement. The plan is available for download on the Web site:                         *http://floridakeys.noaa.gov.*                         For a hard copy or data CD of the plan contact the sanctuary office at the contact number identified below.                    

# DATES:

The final revised management plan is available to the public on January 11, 2008.

# FOR FURTHER INFORMATION CONTACT:

                        Leigh Espy, Florida Keys National Marine Sanctuary, 33 East Quay Rd., Key West, Florida 33040; (305) 292-0311;                         *Kknms5yearreview@noaa.gov.*

(Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary Program)

Dated: January 3, 2008.

Daniel J. Basta,

Director, National Marine Sanctuary Program.

[FR Doc. 08-79 Filed 1-11-08; 8:45 am]

BILLING CODE 3510-NK-M
Document Headings

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

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### National Science Foundation

In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation announces the following meeting:

*Name:*                         Astronomy and Astrophysics Advisory Committee (#13883).                    

*Date and Time:*                         May 20, 2010, 12 p.m.-5 p.m.                    

*Place:*                         Teleconference National Science Foundation, Room 1020, Stafford I Building, 4201 Wilson Blvd., Arlington, VA 22230.                    

*Type of Meeting:*                         Open.                    

*Contact Person:*                         Dr. James S. Ulvestad, Director, Division of Astronomical Sciences, Suite 1045, National Science Foundation, 4201 Wilson Blvd., Arlington, VA 22230. Telephone: 703-292-4909.                    

*Purpose of Meeting:*                         To provide advice and recommendations to the National Science Foundation (NSF), the National Aeronautics and Space Administration (NASA) and the U.S. Department of Energy (DOE) on issues within the field of astronomy and astrophysics that are of mutual interest and concern to the agencies.                    

*Agenda:*                         To hear presentations of current programming by representatives from NSF, NASA, DOE and other agencies relevant to astronomy and astrophysics; to discuss current and potential areas of cooperation between the agencies; to formulate recommendations for continued and new areas of cooperation and mechanisms for achieving them.                    

Dated: April 27, 2010.

Susanne E. Bolton,

Committee Management Officer.

[FR Doc. 2010-10083 Filed 4-29-10; 8:45 am]

BILLING CODE 7555-01-P
Exhibit 99.1



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 Yearly Report of Minera Andes Inc. (the Corporation), on Form 10-KSB for the years ended December 31, 2002 and 2001 as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, Allen V. Ambrose, President of the Corporation, certify, pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of 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 Corporation.
| | -- |  | --------------------------------------------------------------------------------------------------------------------------------------------------------



|      |  |                |  | MINERA ANDES
INC.
|----- |  | -------------- |  | -----------------
|     
|Date: |  | March 26, 2003 |  |                  
|      |  |                |  |