alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### STATE v. R. T. PARDUE.

(Filed 14 December, 1932.)

Embezzlement B d — Directed verdict against defendant held error, question of fraudulent intent being for the jury.

Under the evidence in this prosecution for embezzlement a charge directing a verdict against the defendant was error, the question of fraudulent intent being for the jury.

Appeal by defendant from *Moore, J.,*at March Term, 1932, of WlLKES.

Criminal prosecution tried upon an indictment charging the defendant with embezzlement.

The State's evidence tends to show that *W.*C. Pierce had a contract with the Deleo Light Company to sell their products in certain territory on a 20 per cent commission basis. A portion of the territory was “sublet,” as it were, to the defendant on equal division of commissions. Collections were made on a number of sales and the entire proceeds thereof used by the defendant.

The testimony of the defendant is to the effect that the lighting plants and fixtures were sold to him by Pierce to be paid for as and when collections were made from customers. Certain collections were made and used by the defendant, but he says: “It was not Mr. Pierce’s money. It was my money. In a way it was fay money and in a way it was his. I bought the stuff and gave Mr. Pierce a check. It was understood that when I collected this money I was to pay him, and I tendered him what I had collected.”

At the close of the evidence, the court instructed the jury as follows: “Gentlemen of the jury, I will have to charge you that if you believe *697the evidence in tbis case, beyond a reasonable doubt, even the defendant’s own testimony beyond a reasonable doubt, you will return a verdict of guilty.” Exception.

From an adverse verdict and judgment thereon the defendant appeals, assigning errors.

*Attorney-General Brummitt and Assistant Attorney-General Seawell for the State.*

*J. H. Whicker for defendant.*

Per Curiam.

The ease is controlled by *S. v. Rawls,*202 N. C., 397, 162 S. E., 899, where a similar instruction, which failed to include the element of fraudulent intent, was held for error.

New trial.
**Exhibit 10.49**

**FIRST AMENDMENT TO**

**LEASE AGREEMENT**

THIS FIRSTAMENDMENT TO LEASE AGREEMENT (this **“Amendment”)**is made and entered as of February 6, 2004 (the**“Effective Date”)**by and between ARE-5100/5110 CAMPUS DRIVE, L.P., a Delaware limited partnership **(“Landlord”)**and GENAERA CORPORATION, a Delaware corporation **(“Tenant”).**

**RECITALS**

**A.**Landlord and Tenant have previously entered into that certain Lease Agreement dated as of December 13, 2001 (the **“Agreement”),**whereby Tenant extended its right to occupy the certain premises located at 5110 CampusDrive, Plymouth Meeting, Pennsylvania, as more particularly described in the Agreement, beyond the term of the “Prior Lease” (as such term is defined in the Agreement). 

B. Landlord and Tenant now desire to amend the Agreement on and subject to the terms and conditions set forth herein to confirm the “Term” ofthe Agreement. 

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Landlord and Tenant agree asfollows: 

1. **Term.**The “Commencement Date” shall be December 1, 2001 and the “Term” shall be the“Base Term” (as such terms are defined in the Agreement). The Agreement shall therefore expire on November 30, 2007. 

2.**Miscellaneous**

(a) This Amendment shall be construed under and in accordance with the laws of the State wherethe real property is located. 

(b) This Amendment shall be binding upon and inure to the benefit of the parties hereto,their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. 

(c) Except asmodified herein, the Agreement is hereby ratified and confirmed and shall remain in full force and effect. In the event of a conflict between the terms of this Amendment and the terms of the Agreement, the terms of this Amendment shall prevail.

(d) The invalidity or unenforceability of any provision of this Amendment shall in no way affect the validity orenforceability of any other provision hereof. 

(e) The parties may execute this Amendment in one or more identicalcounterparts, all of which when taken together will constitute one and the same instrument. 

[Signatures begin on following page]

EXECUTED in multiple originals as of the Effective Date. 

 
**LANDLORD:**
ARE-5100/5110 CAMPUS DRIVE, L.P., a

Delawarelimited partnership
By: AREE-HOLDINGS, L.P., a Delaware limited partnership, managing member By: ARE-GP HOLDINGS QRS CORP., a Delaware corporation, general partner  By: /s/ Peter J. Nelson  Name: Peter J. Nelson  Title: Senior Vice President and   Chief Financial Officer
[Signatures continued on following page] 

 

-2- 

[Signatures continued from previous page] 

 
**TENANT:**
GENAERA CORPORATION,

a Delawarecorporation
By: /s/ John A. SkolasName: John A. SkolasTitle: Senior Vice President Chief Financial Officer and General Counsel
 

-3-
COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

EX PARTE: KELSEY FIELDS ,

Appellant. §

§

§

§

§

§ No. 08

- 1 8

- 00 121

- CR

Appeal from the

384 th District Court

of El Paso C ounty, Texas
(TC# 20170D03143 & 2018DCV2228 )



### O R D E R
Kelsey Fields is appealing an order denying her petition for writ of habeas corpus filed in a criminal case, cause number 20170D03143, styled The State of Texas v. Kelsey Fields . The District Clerk’s Office assigned the case a civil number cause number, 2018DCV2228. On July 5, 2018, the trial court signed an order denying the petition and the order was filed in cause number 2018DCV2228. Appellant subsequently filed notices of appeal in both cause number 20170D03143 and 2018DCV2228. This Court filed each notice of appeal in a separate appellate cause number (cause numbers 08

- 18

- 00120

- CR and 08

- 18

- 00121

- CR). We have determined that it is necessary to consolidat e the appeals into one cause. It is therefore ordered that cause number
08

- 18

- 00120

- CR be consolidated with cause number 08

- 18

- 00121

- CR, and cause number 08

- 18

- 00120

- CR shall be dismissed due to consolidation. The notice of appeal filed in cause number 08

- 18

- 00120

- CR shall be filed as an amended notice of appeal in cause number 08

- 18

- 00121

- CR.
The record is due to be filed on September 3 , 2018.

IT IS SO ORDERED this 1 3 th day of J uly , 201 8

.

PER CURIAM

Before McClure , C.J., R odriguez and Palafox , JJ.
Order entered July 13 , 2022

In The 

### Court of Appeals Fifth District of Texas at Dallas No. 05 - 21 - 00866 - CV IN THE INTEREST OF V.A.M., A CHILD On Appeal from the 302nd Judicial District Court

Dallas County, Texas Trial Court Cause No. DF - 19 - 21669

O RDER Before the Court is appellant’s July 8, 2022 second motion for an extension of time to file his brief on the merits. We GRANT the motion and extend the time to July 15, 2022

. /s/ CRAIG SMITH JUSTIC E
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT M INGLONG LI, Pe titione r, v. LORETTA E. LYNC H, Attorne y Ge ne ra l, R

e sponde nt . No. 14-70236 Age n c y No. A076-210-555 M EM O R ANDUM *

On Pe tition for Re vie w of a n Orde r of the B oa rd of Im m igration Appe a ls Subm itte d Oc tobe r 14, 2015 * * B e fore : SILVERM AN, B YB EE a nd WATFORD, C irc uit Judge s . M inglong Li, a

native and c itiz e n of C hina , pe t itions for re vie w of the B oa rd of Im m igration Appe a l s’ (“ B IA” ) orde r de ny ing his mo tion to re c onside r a nd re ope n . Our jurisdic t ion is governe d by 8 U.S.C . § 1252. W e re v ie w for a buse of disc re tion thede nia ls of m otions to re c onside r and re ope n. Mohamme d v . 

# FIL ED OCT 22 2015 M OLLY C. DW Y ER, CLERK U . S. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se eFe d. R . App. P. 34(a)(2).Gonzale

s , 400 F.3d 785, 791 (9th C ir. 2005). W e de ny in pa rt a nd dismiss in pa

rt the p e tition. The B IA did not a

buse its disc re tion in deny ing Li’ s m otion a s untim e ly , whe re he file d the m otion m ore tha n a y e ar a fte r his fina l orde r of re m ova l. Se e 8 C .F.R . § 1003.2(b)(2),(C )(2) (a m otion to re c onside r m

u st be file d within 30 da

y s of a fina l orde r of re m ova l a

nd a m otion to re ope n m

ust be file d within 90 da

y s of a fina l orde r of re m ova l). Li doe s not c ha lle nge the B IA’ s de te rm i nation tha t he fa ile d to sa

tisfy any e xc e ption to the

m otions de a dline . Se e Lope z-Vasque z v . Holde r , 706 F.3d 1072, 1079-80 (9th C ir. 2013) (a pe titione r wa ive s a

c onte ntion by fa iling to raise it). W e la c k jurisdic tion to c onside r Li’ s une xha u ste d c onte ntion tha

t the im m igration judgefa ile d

to a dvise him

a bout volunta

ry de pa rture . Se eTijani v . Holde r , 628 F.3d 1071, 1080 (9th C ir. 2010) (thec ourt la c ks jurisdic tion to c onside r le ga l c la im s not pre se nte d in a n a lie n’ s a dm i nistra

tive proc e e dings be fore the a ge nc y ). In light of this disposition, we do not re a c h Li’ s re m a ining c onte ntions. PE T IT IO N FO R RE V IE WDE NIE D in par t; DISM ISSE D in par t.

1 4 - 7 0 2 3 6 2
Document Headings

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                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
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###### Department of Health and Human Services

###### National Institutes of Health

      ( print page 6026)    
Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Allergy and Infectious Diseases Special Emphasis Panel; NIAID Peer Review Meeting.                    

*Date:*                         February 26, 2016.                    

*Time:*                         1:00 p.m. to 3:00 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institutes of Health, Room 3C100, 5601 Fishers Lane, Rockville, MD 20892 (Telephone Conference Call).                    

*Contact Person:*                         Brenda L. Fredericksen, Ph.D., Assistant Professor,  Scientific Review Program, Division of Extramural Activities, Room # 3G22A, National Institutes of Health/NIAID, 5601 Fishers Lane, MSC 9823, Bethesda, MD 20892-9823, (240) 669-5052,                         *brenda.fredericksen@nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)

Dated: January 29, 2016.

Natasha M. Copeland, 

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2016-02051 Filed 2-3-16; 8:45 am]

 BILLING CODE 4140-01-P
#### Lorenzo Howell, Respondent, v. Thomas R. Wright, Appellant.

(See 41 Hun, 167.)

Judgment and order affirmed, with costs, on the opinion of this court on the former appeal.
In The 

Court of Appeals 

Seventh District of Texas at Amarillo 

 

No. 07-21-00273-CR 

 

JASON LEE NELSON, APPELLANT 

V. 

THE STATE OF TEXAS, APPELLEE 

On Appeal from the 46th District Court 

 Wilbarger County, Texas 

Trial Court No. 12,566, Honorable Dan Mike Bird, Presiding 

November 9, 2021 

MEMORANDUM OPINION 

Before QUINN, C.J., and PIRTLE and PARKER, JJ. 

Appellant, Jason Lee Nelson, appeals from the trial court’s judgment revoking his 

community supervision for the offense of family violence.1 Pending before this Court is 

appellant’s motion to voluntarily dismiss the appeal. As required by Rule of Appellate 

Procedure 42.2(a), the motion to dismiss is signed by appellant and his attorney. As no 

decision of the Court has been delivered, the motion is granted and the appeal is 

1 See TEX. PENAL CODE ANN. 22.01(a)(1).
2

dismissed. No motion for rehearing will be entertained and our mandate will issue 

forthwith.

Per Curiam

Do not publish.
#### Mary Finley, Respondent, v. Ann Finley, Appellant

Motion for leave to appeal to Court of Appeals denied.
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#### STATE v. W. E. McFARLAND.

(Filed 28 September, 1927.)

Appeal by defendant from *Harris, J.,*at May Term, 1927, of Lee.

No error.

From judgment upon verdict finding defendant guilty of assault, causing serious damage to J. M. Monroe, defendant appealed to the Supreme Court.

*Attorney-General Brummitt and Assistant Attorney-General Nash for the State.*

*SeaweTl & McPherson and Hoyle & Hoyle for defendant.*

Pee CubiaM.

The evidence in support of the verdict in this case is plenary. Defendant’s contention that the assault was committed in his self-defense was properly submitted to the jury, and not sustained. Ye find no reversible error, and the judgment is affirmed.

No error.
[Federal Register Volume 60, Number 243 (Tuesday, December 19, 1995)]
[Notices]
[Page 65325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30723]



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


FEDERAL RESERVE SYSTEM

First National Bank Employee Stock Ownership Plan, et al.; Change 
in Bank Control Notices; Acquisitions of Shares of Banks or Bank 
Holding Companies

    The notificants listed below have applied under the Change in Bank 
Control Act (12 U.S.C. 1817(j)) and Sec.  225.41 of the Board's 
Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. 
The factors that are considered in acting on the notices are set forth 
in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).
    The notices are available for immediate inspection at the Federal 
Reserve Bank indicated. Once the notices have been accepted for 
processing, they will also be available for inspection at the offices 
of the Board of Governors. Interested persons may express their views 
in writing to the Reserve Bank indicated for that notice or to the 
offices of the Board of Governors. Comments must be received not later 
than January 2, 1996.
    A. Federal Reserve Bank of Dallas (Genie D. Short, Vice President) 
2200 North Pearl Street, Dallas, Texas 75201-2272:
    1. First National Bank Employee Stock Ownership Plan, San Benito, 
Texas; to acquire an additional 4.28 percent, for a total to 14.27 
percent, of the voting shares of First San Benito Bancshares, Inc., San 
Benito, Texas, and thereby indirectly acquire First National Bank, San 
Benito, Texas.
    2. Joe E. Sharp, Dallas, Texas; to acquire an additional 16.39 
percent, for a total of 25.11 percent, of the voting shares of First 
Baird Bancshares, Inc., Baird, Texas, and thereby indirectly acquire 
First National Bank, Baird, Texas, and First National Bank, 
Weatherford, Texas.

    Board of Governors of the Federal Reserve System, December 12, 
1995.
Jennifer J. Johnson,
Deputy Secretary of the Board.
[FR Doc. 95-30723 Filed 12-18-95; 8:45 am]
BILLING CODE 6210-01-F
UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

_____________

No. 11-1205

_____________

UNITED STATES OF AMERICA

v.

CREMNE BRANCH,

 Appellant

_____________

On Appeal from the United States District Court

for the Middle District of Pennsylvania

(No. 1-05-cr-00146-001)

District Judge: Honorable Christopher C. Connor

Submitted Pursuant to Third Circuit L.A.R. 34.1(a)

September 11, 2012

____________

Before: SMITH, CHAGARES, and GARTH, Circuit Judges.

(Filed: December 10, 2012)

___________

JUDGMENT ORDER

____________

The defendant Branche having appealed from the denial of his motion to vacate, 

set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 and from the denial of a 

certificate of appealability by the District Court, it is on this 10th day of December, 2012 

ordered and adjudged that the judgment of the District Court entered on December 17, 
2010 be and the same is hereby affirmed substantially for the reasons so adequately set

forth in the District Court’s opinion.

BY THE COURT,

Michael A. Chagares

Circuit Judge

Dated: December 10, 2012
### **Exhibit 23.2**

 

**CONSENT OF INDEPENDENT ENGINEERS**

 

As independent engineeringconsultants, Williamson Petroleum Consultants, Inc. hereby consents to the useof our report entitled “Evaluation of Oil and Gas Reserves to the Interests ofClayton Williams Energy, Inc. in Domestic Oil and Gas Properties and to theInterests of Warrior Gas Company in the Gataga Gas Unit No. 5A, Vermejo(Ellenburger) Field, Loving County, Texas Effective December 31, 2005 forDisclosure to the Securities and Exchange Commission Williamson Project 5.9105”dated February 23, 2006 and data extracted therefrom (and all referencesto our Firm) included in or made a part of this Form 10-K Annual Report to befiled on or about March 16, 2006 and to the incorporation by reference ofthis Form 10-K Annual Report (including the use of our report and references toour Firm herein) into that certain Registration Statement on Form S-3 filed byClayton Williams Energy, Inc. with the Securities and Exchange Commission, filenumber 333-116825, and those certain Registration Statements on Form S-8 filedby Clayton Williams Energy, Inc. with the Securities and Exchange Commission,file numbers 33-68320, 33-68318, 33-68316, 33-69688, and 33-92834 covering theBonus Incentive Plan of Clayton Williams Energy, Inc., 1993 Stock CompensationPlan of Clayton Williams Energy, Inc., Outside Directors Stock Option Plan ofClayton Williams Energy, Inc., Clayton Williams Energy, Inc. 401(k) Plan &Trust, and the Executive Incentive Stock Compensation Plan of Clayton WilliamsEnergy, Inc., respectively.

 

 

WILLIAMSON PETROLEUMCONSULTANTS, INC.

 

Midland, Texas

March 15, 2006

 

----
11 TH COURT OF APPEALS

EASTLAND

, TEXAS

JUDGMENT

In the interest of R.C

., J.C., and * From the 3 5 th District Court

E.C., children, of Brown County,

Trial Court No. CV2105176

.

No. 11

- 2 2

- 00 239

- C V * January 12 , 20 2 3

* Per Curiam Memorandum Opinion

(P anel consists of: Bailey , C.J.,

Trotter , J. , and W illiams, J.)

This court has inspected the record in this cause and concludes that th ere is no

error in the order below. Therefore, in accordance with this court’s opinion, the

order of the tr ia l court is in all things affirmed.
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3364 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  1st Session
                                S. 3364

  To provide for a study on the transmission of respiratory syncytial 
         virus transmission in schools and daycare facilities.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            December 9, 2021

  Mr. Kennedy introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
  To provide for a study on the transmission of respiratory syncytial 
         virus transmission in schools and daycare facilities.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Respiratory Syncytial Virus (RSV) 
Impact Act''.

SEC. 2. FINDING.

    Congress finds that, according to the Centers for Disease Control 
and Prevention, each year in the United States, respiratory syncytial 
virus leads to nearly 2,100,000 outpatient visits from children under 
the age of 5 years old, leading to approximately 58,000 
hospitalizations within this population.

SEC. 3. STUDY ON RSV TRANSMISSION.

    The Secretary of Health and Human Services shall seek to enter into 
a contract with the National Academy of Sciences, under which such 
National Academy studies respiratory syncytial virus transmission in 
schools and daycare facilities and the impact such virus has on the 
economy, including through parents' absences from work, and reports to 
Congress on the findings of such study.
                                 <all>
```