alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
                                                                      EXHIBIT 23

The Board of Directors and Shareholders 
PhyCor, Inc.

We consent to incorporation by reference in the registration statements of
PhyCor Inc. on Form S-3 (No. 33-98528), Form S-4 (Nos. 33-66210 and 33-98530)
and Form S-8 (Nos. 33-65228, 33-85726 and 333-58709) of our reports dated
February 23, 1999, except as to notes 10 and 17, which are as of March 17, 1999,
relating to the consolidated balance sheets of PhyCor, Inc. and subsidiaries as
of December 31, 1998 and 1997, and the related consolidated statements of
operation, shareholders' equity, and cash flows for each of the years in the
three-year period ended December 31, 1998, and related schedule, which reports
appear in the December 31, 1998 Annual Report on Form 10-K of PhyCor, Inc.

                                             /s/ KPMG LLP

Nashville, Tennessee
March 30, 1999
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEETS AND CONSOLIDATED STATEMENTS OF OPERATIONS FOUND ON
PAGES 2 AND 3 OF THE COMPANY'S FORM 10-Q FOR THE YEAR-TO-DATE AND ITS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-START>                             JUN-30-1998
<PERIOD-END>                               MAR-31-1999
<CASH>                                              52
<SECURITIES>                                         0
<RECEIVABLES>                                   13,333
<ALLOWANCES>                                       185
<INVENTORY>                                     29,296
<CURRENT-ASSETS>                                44,157
<PP&E>                                          96,455
<DEPRECIATION>                                  15,111
<TOTAL-ASSETS>                                 127,613
<CURRENT-LIABILITIES>                           16,196
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            95
<OTHER-SE>                                      58,388
<TOTAL-LIABILITY-AND-EQUITY>                   127,613
<SALES>                                              0
<TOTAL-REVENUES>                                96,371
<CGS>                                                0
<TOTAL-COSTS>                                   72,183
<OTHER-EXPENSES>                                 4,780
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,678
<INCOME-PRETAX>                                 15,737
<INCOME-TAX>                                     6,421
<INCOME-CONTINUING>                              9,316
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     9,316
<EPS-PRIMARY>                                      .75
<EPS-DILUTED>                                      .73
        

</TABLE>
Gera.ldC.Mann

Attorney

General

Honorable Homer P. Rainey, President The University of Texas Austin, Texas

DearMr. Rainey Opinion No. O-3799

Re: Matter of the oath required of teachers, instructors, visiting instructors, or other employees of tax-supported schools, colleges, university, or other tax-supported institutions of learning inTexas, under S.B. No. 38,Regular Session, 47th Legislature.
Answering your inquiry of July 19, 1941, concerning the interpretation of S.B. No. 38of the Regular Session of the 47th Legislature, we beg to advise:

The oath of office required by S.B. No. 39of a "teacher, instructor, visiting instructor, or other employee in, for, or connected with any tax-supported school, college, university, or tax-supported institution of learning in this state, ' should be taken by such teacher, or other person designated by theAct by subscribing his name to aprinted orwritten oath of office, asprescribed by Article XVI, Section 1, of the Constitution, as amended November 8, 1938, before an officer authorized to administer oaths in this state, such as a judge or clerk of a court of record, a justice of the peace, or anotary public, duly authenticated by such officer's certificate.

Itprobably is true, that an oral oath of office administered to suchperson by a competent authority would meet the requirement of the statute, but for administrative purposes, it is infinitely better that the oath when taken should be subscribed as above indicated, to the end that such subscribed oathmay be filedwith the governing body of the school, college, university, or institution of learning by whom the subscribing teacher, or other employee, is employed.

For your convenience we are attaching hereto a copy of such oath of office. Yours very truly, APPROVED

JUL25,1941 ATTORNEY GENERAL OF TEXAS /s/GroverSellers BY:/s/OcieSteen,ASSISTANT FIRSTASST.AIlQPNEYGENERAL

OS-MR APPROVED: OpinionCcnmittee BY:BNB,Cha.irman
1 IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 21
- 0613

________________ MONTANA RIVERS ; GALLATIN WILDLIFE ASS OCIAT ION; C OTTONWOOD ENVIRONMENT AL LAW CENTER, Plaintiffs
- Appellants ,

v. ORDER MONTA NA DEPARTMENT OF ENVIRONMENTAL QUALITY , De fendant
- Appellee , Montana R

ule of App ellate Procedure 12(1) (h)(i) requires an appellant ’ s opening brief to include an appendix with the judgment, order, findings of fact, conclusions of law, or decision in question, together with the me morandum opinion , and those pages of the transcript containing an oral ruling , if any, in support thereof
. The Court has determined that A ppellant s ’ Opening B rief filed March 2 1 , 2022 , does not comply with this Rule. Therefore, IT IS ORDERED that within ten days of the date of this Order, A ppellant s shall electronically re - file the ir Opening B rief along with an appendix containing the relevant judgment or order from which the appeal is taken with the Clerk of this Court and serve one copy upon each counsel o f record. 03/22/2022

Case Number: DA 21-06132

IT IS FURTHER ORDERED that the times for any subsequent briefing contained in M. R. App. P. 13 shall run from the date of filing of the judgment or order appealed from. IT IS FURTHER ORDERED that the Clerk of this Court give notice of this Order by mail to all counsel of record. DATED this 2 2 nd day of March , 20 22
. For the Court, By_________________________

Justice Jim Rice

Electronically signed by: Jim Rice Justice, Montana Supreme Court

March 22 2022
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

March 24, 2008 Clifford W. Taylor,

 Chief Justice 

135532 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 135532 

 COA: 279483 

Wayne CC: 05-012675

MARVIN JAMES BELSER, 

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the October 30, 2007 

order of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court. 

s0317 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

March 24, 2008 

 Clerk
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

December 21, 2007 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 

Elizabeth A. Weaver 133896(78) Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices 

Plaintiff-Appellee, 

v SC: 133896 

 COA: 265576 

Kent CC: 04-006801-FH 

VICTOR GLEN CRON, 

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the motion for reconsideration of this Court’s September 

10, 2007 order is considered, and it is GRANTED. We VACATE our order dated 

September 10, 2007. On reconsideration, the application for leave to appeal the March 

22, 2007 judgment of the Court of Appeals is considered. Pursuant to MCR 7.302(G)(1), 

in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals 

to the extent it affirms the defendant’s conviction for fourth-degree criminal sexual 

conduct, we VACATE the defendant’s conviction and sentence for fourth-degree 

criminal sexual conduct, and we REMAND this case to the Kent Circuit Court for 

resentencing on the defendant’s remaining conviction. In this case, the jury should not 

have been instructed on fourth-degree criminal sexual conduct, because that offense is 

not a necessarily included lesser offense of second-degree criminal sexual conduct. See 

People v Nyx, 479 Mich 112 (2007). In all other respects, leave to appeal is DENIED, 

because we are not persuaded that the remaining questions presented should be reviewed 

by this Court. 

CORRIGAN, J., would deny the motion for reconsideration. 

d1218 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

December 21, 2007 

 Clerk
#### The People of the State of New York, Respondent, v Juan Torres, Appellant.

[773 NYS2d 726]

Appeal from a judgment of the Monroe County Court (Patricia D. Marks, J.), entered December 5, 2001. The judgment revoked defendant’s probation and imposed a sentence of imprisonment.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law, and the matter is remitted to Monroe County Court for a new hearing in accordance with the following memorandum: Defendant appeals from a judgment revoking his probation and sentencing him to a term of imprisonment. We agree with defendant that

*1098County Court erred in revoking his probation based solely on City Court’s finding at the preliminary hearing on the felony complaint that there was reasonable cause to believe that he had committed a felony. We note at the outset that, even assuming, arguendo, that defendant’s contention is unpreserved for our review, we would nevertheless exercise our power to review it as a matter of discretion in the interest of justice *(see*CPL 470.15 [6] [a]).

The standard of proof at a preliminary hearing is whether there is “reasonable cause to believe that the defendant committed a felony” (CPL 180.70 [1]), while the standard of proof at a hearing on a probation violation is whether the violation is proven by a preponderance of the evidence *(see*CPL 410.70 [3]). Contrary to the reasoning of County Court in relying on City Court’s finding of reasonable cause, the preponderance of the evidence standard is more stringent than the reasonable cause standard *(see generally People ex rel. Wallace v State of New York,*67 AD2d 1093, 1094 [1979]). We therefore reverse the judgment and remit the matter to County Court for a new hearing pursuant to CPL 410.70 *(see generally People v Brink,*124 AD2d 966 [1986]). Present—Pine, J.P., Wisner, Kehoe, Gorski and Hayes, JJ.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                               1
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     1
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                   6,182
<CURRENT-LIABILITIES>                                6
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        13,247
<OTHER-SE>                                     (7,071)
<TOTAL-LIABILITY-AND-EQUITY>                     6,182
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 2,383
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (2,383)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (2,353)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,353)
<EPS-BASIC>                                      (.72)
<EPS-DILUTED>                                    (.72)


</TABLE>
Ex-99.4: Aggregate Statement of Principal and Interest Distribution to
Certificatesholders.

<TABLE>
<CAPTION>
                              Principal              Class Interest               12/31/1998
        Class              Distrib. Amount          Distribution Amt         Ending Class Balance
<S>                         <C>                       <C>                       <C>
         A-I                $16,841,940.82            $4,025,096.07             $87,754,059.18
        A-II                $8,446,769.92             $2,150,232.53             $46,961,130.08
        A-III               $10,957,463.60            $1,720,274.94             $36,280,036.40
        A-IV                $4,767,670.61             $1,075,265.30             $23,250,729.39
         A-V                $3,125,394.28             $1,270,960.90             $26,048,505.72
         B-1                  $94,717.43               $295,080.92              $6,994,582.57
         B-2                  $47,358.05               $147,538.38              $3,497,241.95
         B-3                  $28,415.36               $88,524.69               $2,098,384.64
         B-4                  $34,097.63               $106,227.12              $2,518,002.37
         B-5                  $20,837.23               $64,915.88               $1,538,762.77
         B-6                  $30,219.83               $94,153.50               $2,214,226.10
         R-1                    $50.00                    $0.30                     $0.00
         R-2                    $50.00                    $0.30                     $0.00
</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<EXCHANGE-RATE>                                      1
<CASH>                                          60,712
<SECURITIES>                                         0
<RECEIVABLES>                                  396,933
<ALLOWANCES>                                   166,420
<INVENTORY>                                     11,384
<CURRENT-ASSETS>                               453,605
<PP&E>                                         259,241
<DEPRECIATION>                                 103,150
<TOTAL-ASSETS>                               1,194,925
<CURRENT-LIABILITIES>                          264,492
<BONDS>                                        550,035
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       834,276
<OTHER-SE>                                    (490,773)
<TOTAL-LIABILITY-AND-EQUITY>                 1,194,925
<SALES>                                              0
<TOTAL-REVENUES>                             1,516,195
<CGS>                                                0
<TOTAL-COSTS>                                1,860,324
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              40,031
<INCOME-PRETAX>                               (379,138)
<INCOME-TAX>                                    53,318
<INCOME-CONTINUING>                           (445,544)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                  1,018
<CHANGES>                                            0
<NET-INCOME>                                  (444,526)
<EPS-BASIC>                                      (5.91)
<EPS-DILUTED>                                    (5.91)


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> US DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<EXCHANGE-RATE>                                      1
<CASH>                                           3,497
<SECURITIES>                                         0
<RECEIVABLES>                                   29,455
<ALLOWANCES>                                     4,111
<INVENTORY>                                     10,239
<CURRENT-ASSETS>                                43,611
<PP&E>                                         358,092
<DEPRECIATION>                                  96,448
<TOTAL-ASSETS>                               1,146,756
<CURRENT-LIABILITIES>                           55,871
<BONDS>                                        918,150
<PREFERRED-MANDATORY>                            3,712
<PREFERRED>                                          0
<COMMON>                                       350,651
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 1,146,756
<SALES>                                         39,971
<TOTAL-REVENUES>                               331,370
<CGS>                                           27,469
<TOTAL-COSTS>                                  115,612
<OTHER-EXPENSES>                               274,359
<LOSS-PROVISION>                                 8,198
<INTEREST-EXPENSE>                              75,927
<INCOME-PRETAX>                              (163,965)
<INCOME-TAX>                                  (51,207)
<INCOME-CONTINUING>                          (112,758)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                (1,904)
<CHANGES>                                            0
<NET-INCOME>                                 (114,662)
<EPS-PRIMARY>                                   (5.62)
<EPS-DILUTED>                                   (5.62)


</TABLE>
<PAGE>




                                                                    EXHIBIT 23.1


CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS


We  hereby  consent  to the  incorporation  by  reference  in  the  Registration
Statements on Forms S-3 (No.  333-82496,  No.  333-91225,  No. 333-91235 and No.
333-17105) and Form S-8 (no. 33-82410 of our report dated March 3, 2003 relating
to the financial statements of  SpatiaLight,  Inc., which appears in this Annual
Report on Form 10-KSB.

                                                      BDO Seidman, LLP


San Francisco, California
April 14, 2003











                                       56
<PAGE>
Exhibit 31.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

I, Richard E. Lundin, certify that:

1. I have reviewed this annual report on Form 10-K/A of Da-Lite Screen Company, Inc.;

2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the
statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3. The registrants other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal
control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the registrant and have:

(a) Designed such
disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us
by others within those entities, particularly during the period in which this report is being prepared;

(b) Designed such internal control
over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for
external purposes in accordance with generally accepted accounting principles;

(c) Evaluated the effectiveness of the registrants
disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

(d) Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants
fourth fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and

4. The registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of
the registrants board of directors (or persons performing the equivalent functions):

(a) All significant deficiencies and material
weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and

(b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control
over financial reporting.



|                    |  |                        
|------------------- |  | -----------------------
|Date: July 10, 2009 |  | /s/ Richard E. Lundin  
|                    |  | Richard E. Lundin      
|                    |  | Chief Executive Officer
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

JOHNATHAN ROBINS,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 502 EAL 2017

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 14th day of March, 2018, the Petition for Allowance of Appeal is 

DENIED.