alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack

, Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, 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.

May 11, 2020

izm 

# Order

Clerk May 11, 2020

161250 (31 )

In re BYRD

____________________________________ SC: 161250

COA: 351102

GERALD ANTHONY

- DECELL BYRD

Plaintiff

- Appellant

,

v

WAYNE CIRCUIT COURT JUDGE, and

WAYNE COUNTY CLERK,

Defendants

- Appellees

.

_ _____________________ ______ ________ _/

On order of the Chief Justice, the motion to waive fees is considered and it is

DENIED because MCL 600.2963 requires that a prisoner pursuing a civil action be liable

for filing fees.

Within 21 days of the date of this order, appellant shall pay to the C lerk of the

Court the initial partial filing fee of $ 43 .00; submit a copy of this order ; and refile the

copy of the pleadings returned with this order

. Failure to comply with this order shall

result in the dismissal of this application

. If a ppellant timely files the partial fee and refiles the pleadings, monthly payments

shall be made to the Department of Corrections in the amount of 50 percent of the deposits

made to appellant ’s account until the payments equal the balance due of $ 332 .00. This

amoun t shall then be remitted to this Court.

Pursuant to MCL 600.2963(8) appellant shall not file a new civil action or appeal in

this Court until the entry fee in this case is paid in full.

The Clerk of the Court shall furnish two copies of this order to a ppellant and return

a copy of appellant ’s pleadings with this order.
#### W. K. McLEAN, Administrator for the Estate of MACK RAMSEY, Deceased, v. T. N. RAMSEY.

(Filed 25 February, 1942.)

Death § 4—

A complaint alleging a willful and felonious slaying states a cause of action for wrongful death, and a demurrer thereto on the ground that the complaint set up a purported action in negligence and failed to particularize with facts and circumstances supporting the general allegation of negligence, is properly overruled.

Appeal by defendant from *Qwyn, J.,*at Chambers, 21 November, 1941. From MadisoN.

Affirmed.

*Jones, Ward & Jones and Calvin R. Edney for plaintiff, appellee.*

*Roberts & Batey and J ohn H. McElroy for defendant, appellant.*

Per Ouriamc.

This case comes here on appeal of defendant from a judgment overruling a demurrer to the complaint as not stating a cause of action. The action is for recovery of damages for the unlawful killing of plaintiff’s intestate. The gist of the demurrer is that the complaint sets up a purported action in negligence and does not particularize with facts and circumstances supporting the general allegation of negligence. But the complaint alleges a willful and felonious slaying, and therefore sets up a good cause of action.

The demurrer was properly overruled and the judgment is

Affirmed.
<PAGE>
 
                                   EXHIBIT 11

                 FRONTIER NATIONAL CORPORATION AND SUBSIDIARIES

                STATEMENT RE: COMPUTATION OF EARNINGS PER SHARE



The following tabulation presents the calculation of basic and diluted earnings
per common share for the three and nine-month periods ended September 30, 1998
and 1997.  Average shares outstanding have been retroactively adjusted on an
equivalent share basis for the effects of the business combination and the stock
dividend as discussed in the notes to consolidated financial statements.
<TABLE>
<CAPTION>
 
 
                                            Three Months              Nine Months
                                          Ended September 30       Ended September 30
                                       ------------------------  -----------------------
                                           1998         1997        1998         1997
                                       ------------  ----------  -----------  ----------
<S>                                    <C>           <C>         <C>          <C>
 
Basic net income.....................    $  318,859  $  365,419   $  941,358  $  992,252
                                         ==========  ==========   ==========  ==========
 
Basic earnings on common shares......    $  318,859  $  365,419   $  941,358  $  992,252
                                         ==========  ==========   ==========  ==========
 
Weighted average common shares
 outstanding-basic..................      1,794,094   1,457,546    1,504,392   1,457,546
                                         ==========  ==========   ==========  ==========
 
Basic earnings per common share......    $      .18  $      .25   $      .63  $      .68
                                         ==========  ==========   ==========  ==========
 
Basic net income per common share....    $      .18  $      .25   $      .63  $      .68
                                         ==========  ==========   ==========  ==========
 
Diluted net income...................    $  318,859  $  365,419   $  941,358  $  992,252
                                         ==========  ==========   ==========  ==========
 
Diluted earnings on common shares....    $  318,859  $  365,419   $  941,358  $  992,252
                                         ==========  ==========   ==========  ==========
 
Weighted average common shares
 outstanding-diluted................      1,809,502   1,457,546    1,509,584   1,457,546
                                         ==========  ==========   ==========  ==========
 
Diluted earnings per common share....    $      .18  $      .25   $      .62  $      .68
                                         ==========  ==========   ==========  ==========
 
Diluted net income per common share..    $      .18  $      .25   $      .62  $      .68
                                         ==========  ==========   ==========  ==========
 
</TABLE>
**Exhibit 10.78.2**

 

FOURTH AMENDMENT OF RESTRICTED STOCK AWARD AGREEMENT 

 

This Fourth Amendment of Restricted Stock Award Agreement is between Path 1 Network Technologies Inc. (“Path 1”)and John Zavoli (“Zavoli”) as of September 23, 2005. It amends the Restricted Stock Award Agreement between the parties dated October 23, 2003, as amended to date (the “Agreement”). 

 

Zavoli is Path 1’s Director, Chief Executive Officer, President, ChiefFinancial Officer, General Counsel and Secretary. This Amendment is entered into in anticipation of Zavoli’s resignation as Director, Chief Executive Officer, President, Chief Financial Officer, General Counsel and Secretary and an employee.

 

1. A new Section 17 is added to the Agreement to read infull as follows: 

 

17. Resignation.Notwithstanding anything in Section 3(b) or Section 16 to the contrary, in the event Zavoli resigns as Director, Chief Executive Officer, President, Chief Financial Officer, General Counsel and Secretary and an employee effectiveSeptember 23, 2005, 10,000 of the shares of Restricted Stock shall vest immediately on September 23, 2005, whether or not such day is within a “closed window period,” and shall thereupon become Vested Stock; and thereupon theprovisions of paragraphs (a) and (b) of Section 16 shall entirely cease to be effective as to those 10,000 shares; and all the remaining 55,000 shares shall vest immediately on the Special Vest Date, whether or not such day is withina “closed window” period, and shall thereupon become Vested Stock; and thereupon the provisions of paragraphs (a) and (b) of Section 16 shall entirely cease to be effective as to those 55,000 shares; provided, that of Zavoli does not servePath 1 as an (unpaid) consultant through the Special Vest Date, such 55,000 shares shall not vest but instead shall be forfeited. The “Special Vest Date” shall be the second business day after Path 1’s third-quarter 2005 earningsannouncement. 

 

2. The parties acknowledge that Zavoli neverentered into the Rule 10b5-l stock selling plan contemplated by Section 16 of the Agreement. 

 

3. Except as expressly amended by this Amendment, the Agreement remains unchanged and in full force and effect. 

 

4. The parties acknowledge that they have the right to have been representedby legal counsel of their own choosing, and that Heller Ehrman LLP and Hayden Trubitt are representing Path 1 and are not representing Zavoli.
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

RUDOLPH MCGRIFF,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 333 EAL 2017

Petition for Allowance of Appeal from

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 26th day of December, 2017

, the Petition for Allowance of

Appeal is DENIED

.
[Federal Register Volume 60, Number 44 (Tuesday, March 7, 1995)]
[Notices]
[Pages 12574-12575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5548]



=======================================================================
-----------------------------------------------------------------------

NATIONAL EDUCATION GOALS PANEL


National Education Goals Panel Meeting

AGENCY: National Education Goals Panel.

ACTION: Notice of meeting.

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

SUMMARY: This notice sets forth the date and location of a forthcoming 
meeting of the National Education Goals Panel. This notice also 
describes the functions of the Panel.

DATES: March 13, 1995 from 1 p.m.-3 p.m.

ADDRESSES: J.W. Marriott Hotel, 1331 Pennsylvania Avenue, N.W., Salon 
G, Washington, DC 20005.

FOR FURTHER INFORMATION CONTACT:
Noemi Friedlander, Deputy Director, 1850 M Street, NW., Suite 270, 
Washington, DC 20036. Telephone: (202) 632-0952.

SUPPLEMENTARY INFORMATION: The National Education Goals Panel, a 
bipartisan panel of governors, members of the Administration, members 
of Congress and state legislators, was created to monitor and report 
annually to the President, Governor and Congress on the progress of the 
nation toward meeting the National Education Goals adopted by the 
President and Governors in 1989.

    The meeting of the Panel is open to the public. The agenda includes 
a discussion of the evolving role and impact of national academic 
standards [[Page 12575]] and the role of the Goals Panel in promoting 
their use.


    Dated: March 1, 1995.
Ken Nelson,
Executive Director, National Education Goals Panel.
[FR Doc. 95-5548 Filed 3-6-95; 8:45 am]
BILLING CODE 4010-01-M
[Federal Register Volume 60, Number 35 (Wednesday, February 22, 1995)]
[Notices]
[Page 9853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4323]



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

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Substance Abuse and Mental Health Services Administration


Fiscal Year (FY) 1995 Notices of Funding Availability

AGENCY: Substance Abuse and Mental Health Services Administration 
(SAMHSA), HHS.

ACTION: Correction notice.

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

SUMMARY: Public notice was given in the Federal Register on February 
10, 1995, Volume 60, No. 28, pages 7980-7984, of the funding 
opportunities for grants and cooperative agreements from the Center for 
Substance Abuse Prevention (CSAP) during FY 1995. On page 7983, under 
the Eligible Applicants section of 4.1.3 Community Prevention 
Coalitions Demonstration Grant Program, a statement was included that 
``the applicant must be part of an existing community partnership and 
must be designated to act on behalf of the larger coalition of multiple 
partnerships proposed in the grant application.''
    The requirement that the applicant must be part of an existing 
partnership has been deleted, and the revised Eligible Applicants 
section now states that ``the applicant must be designated to act on 
behalf of the larger evolving coalition of multiple partnerships 
proposed in the grant application.''
    Public notice was also given in the Federal Register on: January 4, 
1995, Volume 60, No. 2, pages 474-478; January 30, 1995, Volume 60, No. 
19, pages 5688-5691; and February 10, 1995, Volume 60, No. 28, pages 
7977-7984; of the availability of funds from the SAMHSA Centers--Center 
for Mental Health Services, Center for Substance Abuse Prevention, and 
Center for Substance Abuse Treatment--for grant and cooperative 
agreement activities during FY 1995.
    These notices specified that competing grant and cooperative 
agreement applications should be submitted to the Division of Research 
Grants, NIH, Westwood Building-Room 240, 5333 Westbard Avenue, 
Bethesda, MD 20892.
    The mailing address for the Division of Research Grants, NIH, is 
being changed. Effective April 21, 1995, all competing SAMHSA 
applications must be sent to: Division of Research Grants, National 
Institutes of Health, 6701 Rockledge Drive MSC-7710, Bethesda, MD 
20892-7710.*

    *Applicants who wish to use express mail or courier service 
should change the zip code to 20817-7710.

    Dated: February 16, 1995.
Richard Kopanda,
Acting Executive Officer, SAMHSA.
[FR Doc. 95-4323 Filed 2-21-95; 8:45 am]
BILLING CODE 4162-20-P
**Exhibit 3.3.2.1**

 

**AMENDMENT NO. 1 TO LIMITED LIABILITY COMPANYAGREEMENT OF AEROSPACE DISPLAY SYSTEMS, LLC**

** **

**AMENDMENT**dated as of March 9, 2003 to the Limited Liability Company Agreement ofAerospace Display Systems, LLC (“**ADS**”) dated as of July 1, 2000 (asheretofore amended, the “**LLC Agreement**”).

 

W I T N E S S E T H :

 

WHEREAS, DeCrane Aircraft Holdings, Inc. (the“**InitialMember**”), as the sole Member of ADS, wishes to amend the LLCAgreement as set forth herein;

 

NOW, THEREFORE, the Initial Member herebyapproves the following:

* *

Section 1*.  Definitions; References. *Unless otherwise specificallydefined herein, each capitalized term used herein which is defined in the LLCAgreement shall have the meaning assigned to such term in the LLCAgreement.  Each reference to “hereof”,“hereunder”, “herein” and “hereby” and each other similar reference and eachreference to “this Agreement” and each other similar reference contained in theLLC Agreement shall, from and after the date hereof, refer to the LLC Agreementas amended hereby.

* *

Section 2.  *Amendment to Permitted TransferProvisions. *Section 9.2 ofthe LLC Agreement is amended by inserting the following sentence at the endthereof:

 

“In addition, the Initial Member or otherMembers may transfer all of their respective Interests in connection with asale of all of the outstanding Interests to a single transferee or group ofaffiliates transferees.”

 

Section 3. *Amendmentto Admission of Members Provision*. Section 9.7 of the LLC Agreement is amended by adding the followingsentence at the end thereof:

 

“Notwithstanding the foregoing, if theInitial Member or other Members shall transfer all of their respectiveInterests in connection with a sale of all of the outstanding Interests to asingle transferee or a group of affiliated transferees, each such transfereeshall be admitted as a Member without the approval required by Section 5.6.”

* *

Section 4*.  Approval Of Amendment. *Notwithstanding any provision tothe contrary in the LLC Agreement, no separate instrument reflecting theapproval of this Amendment by the Members shall be required for this Amendmentto be effective as of the date hereof.

 

Section 5*.  GOVERNING LAW. *DELAWARE LAW SHALL GOVERN THIS AMENDMENT AND ALLDISPUTES ARISING HEREUNDER.

 

----

 

Section 6.*  Counterparts; Effectiveness. *This Amendment may be signed inany number of counterparts, each of which shall be an original, with the sameeffect as if the signatures thereto and hereto were upon the sameinstrument.  This Amendment shall be effectiveas of the date hereof when executed by the Initial Member.

 

2

----

 

IN WITNESS WHEREOF, the Initial Member hascaused this Amendment to be duly executed as of the day and year first abovewritten.

 
|   | DECRANE AIRCRAFT  HOLDINGS, INC. |
|--------|----------------------------------|
|   |                             |
|   | By:                              | /s/ Richard  J. Kaplan |
|   |                             | Name: | Richard J.  Kaplan |
|   |                             | Title: | Senior Vice  President,  Chief Financial Officer,  Secretary and Treasurer |

 

3

----
[Federal Register Volume 60, Number 37 (Friday, February 24, 1995)]
[Rules and Regulations]
[Page 10304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4521]



[[Page 10304]]


DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Parts 317 and 381

[Docket No. 94-029F-C]


Nutrition Labeling of Meat and Poultry Products; Codification; 
Correction

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Final rule; correction.

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

SUMMARY: The Food Safety and Inspection Service (FSIS) is correcting an 
amendment to its final nutrition labeling regulations. The amendment 
was published in the Federal Register on January 3, 1995 (60 FR 174).

EFFECTIVE DATE: February 24, 1995.

FOR FURTHER INFORMATION CONTACT: Charles R. Edwards, Director, Product 
Assessment Division, Regulatory Programs, Food Safety and Inspection 
Service, U.S. Department of Agriculture, Washington, DC, (202) 254-
2565.

SUPPLEMENTARY INFORMATION:

Need for Correction

    On January 3, 1995, FSIS published in the Federal Register (60 FR 
174) an amendment to its final nutrition labeling regulations. The 
amendment provided codified language for provisions that previously 
cross-referenced those requirements that FSIS adopted, which were 
contained in the Food and Drug Administration's (FDA) final nutrition 
labeling regulations. In the January 3, 1995, publication, FSIS 
inadvertently omitted a provision in the poultry products inspection 
regulations that relates to the modified nutrition label format. 
Paragraph (g)(4) of 9 CFR 381.409 (which was paragraph (f)(4) in the 
nutrition labeling final rule (58 FR 632)) was omitted when revising 9 
CFR 381.409. Therefore, FSIS is adding paragraph (g)(4) to Sec. 381.409 
of the poultry products inspection regulations.

List of Subjects 39 CFR Part 381

    Food labeling, Poultry and poultry products.

    Accordingly, the codification of the final rule on nutrition 
labeling of meat and poultry products, published January 3, 1995, (60 
FR 174), is corrected as follows:

PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS

    1. The authority citation for part 381 continues to read as 
follows:

    Authority: 7 U.S.C. 138f; 7 U.S.C. 450; 21 U.S.C. 451-470; 7 CFR 
2.17, 2.55.

    2. Section 381.409 is corrected by adding paragraph (g)(4) to read 
as follows:


Sec. 381.409  Nutrition label content.

* * * * *
    (g) * * *
    (4) Presenting the required information on any other label panel.
* * * * *
    Done at Washington, DC, on February 14, 1995.
Michael R. Taylor,
Acting Under Secretary for Food Safety.
[FR Doc. 95-4521 Filed 2-23-95; 8:45 am]
BILLING CODE 3410-DM-P
Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-14-00836-CR

Michael MACIEL,

Appellant

v.

The 

The STATE of Texas,

Appellee

From the 187th Judicial District Court, Bexar County, Texas

Trial Court No. 2014CR9607W

Honorable Raymond Angelini, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Justice

Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice

Delivered and Filed: January 14, 2015

DISMISSED

On December 15, 2014, this court issued an order stating this appeal would be dismissed 

pursuant to Rule 25.2(d) unless an amended trial court certification that shows appellant has the 

right of appeal was made part of the appellate record on or before January 14, 2015. See TEX. R.

APP. P. 25.2(d), 37.1; see also Daniels v. State, 110 S.W.3d 174, 175-76 (Tex. App.—San Antonio 

2003, order). Appellant’s counsel filed a response in which he states that he has reviewed the 

clerk’s record and “can find no right of appeal” for appellant; counsel concedes that the appeal 

must be dismissed. In light of the record presented, we agree with appellant’s counsel that Rule 
04-14-00836-CR

25.2(d) requires this court to dismiss this appeal. TEX. R. APP. P. 25.2(d). The record does not 

contain a certification that shows the defendant has the right of appeal; to the contrary, the trial 

court certification in the record states “this criminal case is a plea-bargain case, and the defendant 

has NO right of appeal.” The clerk’s record contains a written plea bargain, and the punishment 

assessed did not exceed the punishment recommended by the prosecutor and agreed to by the 

defendant; therefore, the clerk’s record supports the trial court’s certification that the defendant 

has no right of appeal. See TEX. R. APP. P. 25.2(a)(2). Accordingly, we dismiss the appeal. See

TEX. R. APP. P. 25.2(d).

PER CURIAM

Do not publish

- 2 -
**EXHIBIT 31.3**

**Certification of Chief Executive Officer****Pursuant to Section 302 of the****Sarbanes-Oxley Act of 2002**

I, Clinton H. Severson, certify that: 
|  | 1. | I have reviewed this Amendment to the Annual Report on Form 10-K/A of Abaxis, Inc. and |
|--|----|----------------------------------------------------------------------------------------|
|  | 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. |
|--|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|      |                    |
|---------------------|-------------------------|
|      |                    |
| Date: July 28, 2017 | /s/ Clinton H. Severson |
|                | Clinton H. Severson     |
|                | Chief Executive Officer |