alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 11**  **- 6126** 

CURTIS W. KING , Petitioner

- Appellant ,
v. GENE JOHNSON, Director of VDOC , Respondent

- Appellee
.

Appeal from the United States District Court for the West ern District of Virginia , at Roanoke
. James C. Turk , Senior District Judge. ( 7:10

- cv - 00474

- jct

- mfu )

Submitted : May 26, 2011 Decided: June 1, 2011

Before KING, SHEDD, and DIAZ , Circuit Judges.

Dismissed by un published per curiam opinion
.

Curt is W. King, Appellant Pro Se. Leah A. Darron, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Curtis W. King seeks to appeal the district court’s order dismissing as untimely his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1) (A) (2006) . A certificate of appealability will not issue abse nt “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2006)
. When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the distri ct court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that King 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 materials3 before the court and argument would not aid the decisional
process.

DISMISSED
[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Presidential Documents]
[Page 29455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14817]





                        Presidential Documents 



Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / 
Presidential Documents

[[Page 29455]]


                Presidential Determination No. 96-29 of May 31, 1996

                
Determination Under Subsection 402(d)(1) of the 
                Trade Act of 1974, as Amended--Continuation of Waiver 
                Authority

                Memorandum for the Secretary of State

                Pursuant to the authority vested in me under the Trade 
                Act of 1974, as amended, Public Law 93-618, 88 Stat. 
                1978 (hereinafter ``the Act''), I determine, pursuant 
                to subsection 402(d)(1) of the Act, 19 U.S.C. 
                2432(d)(1), that the further extension of the waiver 
                authority granted by subsection 402(c) of the Act will 
                substantially promote the objectives of section 402 of 
                the Act. I further determine that continuation of the 
                waiver applicable to the People's Republic of China 
                will substantially promote the objectives of section 
                402 of the Act.

                You are authorized and directed to publish this 
                determination in the Federal Register.

                    (Presidential Sig.)<Clinton1><Clinton2>

                THE WHITE HOUSE,

                    Washington, May 31, 1996.

[FR Doc. 96-14817
Filed 6-7-96; 8:45 am]
Billing code 4710-10-M
<PAGE>

                                                                   EXHIBIT 10.36




                                  June 7, 2000




Mr. William Estroff, President
eMissions, Inc.
2900 Atlantic Avenue
Fernandina Beach, FL  32034

          Re:  Lease by and between Lake Holdings, LLC d/b/a Quick Test and The
               Estate of Miriam G. Homeyer and dated June 2, 1999 (the "Lease")
               ----------------------------------------------------------------

Gentlemen:

     The Estate of Miriam G. Homeyer ("Homeyer") has been informed that
eMissions Testing, Inc. ("eMissions") or a subsidiary or affiliate of it is
purchasing the assets and certain of the liabilities of the automobile emissions
testing business of Lake Holdings, LLC d/b/a Quick Test, the current lessee
under the Lease.

     By this letter, Homeyer:

       (i) consents to the assignment of the Lease and related agreements
granted by it or its affiliates to (and their assumption by) eMissions, and
without limiting the foregoing, agrees not to enforce any termination rights
arising by reason of such assignment and assumption or modify or otherwise alter
the Lease by reason of such assignment and assumption; and

       (ii) effective upon such assignment and assumption, releases Lake
Holdings, LLC, d/b/a Quick Test from all obligations and liabilities relating to
periods prior to after the assignment and assumption.

     The foregoing consent relates only to the proposed assignment of the Lease
to eMissions in connection with eMissions' purchase of Lake Holdings' automobile
emissions testing business and does not constitute a consent to any further
assignments of the Lease.

     Further, Homeyer confirms (i) that the Lease is in full force and effect,
(ii) to its knowledge, that Lake Holdings is in full compliance with all its
obligations under the Lease and that there are no defaults under the Lease or
events which, with notice or lapse of time or both, would constitute a default
under the Lease, and (iii) that the undersigned has not asserted any
termination, cancellation, or non-renewal rights with respect to the Lease and
has no current intention of doing so.



<PAGE>

Mr. William Estroff, President
June 7, 2000
Page 2


         Please notify us of the effective date of the assignment and
assumption.

<TABLE>
<S>                                 <C>
                                    Sincerely,

                                    The Estate of Miriam G. Homeyer



                                    By: /s/ Andrew W. Homeyer
                                       ---------------------------------
                                       Name:  Andy Homeyer
                                       Title:  Co-Executor



                                    By: /s/ Eleanor G. Homeyer
                                       ----------------------------------
                                       Name:  Eleanor G. Homeyer
                                       Title:  Co-Executor

</TABLE>
ex1019.htm


    
      

      

    

    
 

    


    December
4, 2007

    


    


    


    


    Mr. David
L. Boren

    Office of
the President

    University
of Oklahoma

    660
Parrington Oval, Room 110

    Norman,
OK 73019

    


    Dear
David:

    


    This will
confirm the following agreement relating to the deferral of your director=s
fees in 2008.

    


    1.           All
director=s
fees and retainers (AFees@)  payable
to you in connection with your service on the boards of directors (including
committees of such boards) of AMR Corporation and American Airlines, Inc. for
the period January 1, 2008 through December 31, 2008 , will be deferred and paid
to you in accordance with this letter agreement.

    


    2.           Fees
will be converted to Stock Equivalent Units in accordance with the Directors'
Stock Equivalent Purchase Plan, a copy of which is attached hereto as Exhibit A
(the APlan@).

    


    3.           On
the 30th business day after the date when you cease to be a Director of AMR
Corporation and any affiliates, and cease rendering services, the Stock
Equivalent Units accrued in 2008 pursuant to the Plan will be converted to cash
and paid to you in a lump sum by multiplying the number of such Stock Equivalent
Units by the arithmetic mean of the high and the low of AMR stock (“fair market
value”) during the month when you ceased to be a Director of AMR Corporation and
any affiliates, and cease rendering services.  Payment cannot be
accelerated.

     

    4.           In
the event of your death, the number of Stock Equivalent Units as of your date of
death will be multiplied by the fair market value of AMR stock during the
calendar month immediately preceding your death, and the amount paid to Molly
Boren.  The payment contemplated by this paragraph 4 will be made on
the 30th
business day following the date of your death.

    


    


     

     

    


    



    
      
         


      

      
         


        
          

        

      

      
         


      

    


    


    


    


    If the
foregoing is satisfactory to you, please indicate by signing one of the
originals (two are enclosed) and returning it to me.

    


    Very
truly yours,

    


    /s/ Kenneth W. Wimberly

    


    


    Kenneth
W. Wimberly

    Corporate
Secretary

    


    


    Accepted
and agreed:

    


    


    


    


    __/s/ David L.
Boren_     _______

    David L.
Boren

    


    


    _December 6,
2007  __________

    Date
**THE SUPREME COURT OF TEXAS**

**Post Office Box 12248**

**Austin, Texas 78711**

**(512) 463-1312**

April 20, 2007

Mr. Stuart Smith

Naman, Howell, Smith & Lee, L.L.P.

900 Washington Avenue, 7th Floor 

Waco, TX 76701

Ms. LaNelle L. McNamara

LaNelle L. McNamara, P.C.

1921 Austin Ave.

Waco, TX 76701

RE:Case Number:  04-0851

Court of Appeals Number:  10-02-00125-CV

Trial Court Number:  97-4212-4

Style:BAYLOR UNIVERSITY

v.

TOM SONNICHSEN

Dear Counsel:

Today the Supreme Court of Texas delivered the enclosed per curiam opinion and judgment in the above-referenced cause.  Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals’ judgment and renders judgment.  

Sincerely,

Blake A. Hawthorne, Clerk

by Claudia Jenks, Chief Deputy Clerk

Enclosures

**Case No. 04-0851Page 1**
[Federal Register Volume 61, Number 18 (Friday, January 26, 1996)]
[Notices]
[Page 2574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1356]



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

DEPARTMENT OF THE TREASURY
[AC-05; OTS No. 4226]


The Citizens Loan and Savings Company, London, OH; Approval of 
Conversion Application

    Notice is hereby given that on January 19, 1996, the Director, 
Corporate Activities, Office of Thrift Supervision, or her designee, 
acting pursuant to delegated authority, approved the application of The 
Citizens Loan and Savings Company, London, Ohio, to convert to the 
stock form of organization. Copies of the application are available for 
inspection at the Dissemination Branch, Office of Thrift Supervision, 
1700 G Street, NW., Washington, DC 20552, and the Central Regional 
Office, Office of Thrift Supervision, 200 West Madison Street, Suite 
1300, Chicago, Illinois 60606.

    Dated: January 23, 1996.

    By the Office of Thrift Supervision.
Nadine Y. Washington,
Corporate Secretary.
[FR Doc. 96-1356 Filed 1-25-96; 8:45 am]
BILLING CODE 6720-01-P
Exhibit 32.2

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 quarterly report of Orexigen Therapeutics, Inc. (the Company) on Form 10-Q for the quarter ended
March 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Graham K. Cooper, Chief Financial Officer and Treasurer 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, to my knowledge:

(1) The Report
fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and

(2) The information contained in the Report fairly presents, in all material respects, the financial condition and results
of operations of the Company.

Date: May 10, 2010



/s/ Graham K. CooperGraham K. CooperChief Financial Officer and Treasurer


The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is not being filed as part of the Report or as a
separate disclosure document.
ex1087.htm


    December
4, 2008

     

    Rajat K.
Gupta

    McKinsey
& Company, Inc.

    3
Landmark Square

    Suite
100, 21st
Floor

    Stamford,
CT  06901

    


     

    Dear
Rajat:

     

    This will
confirm the following agreement relating to the deferral of your director’s
retainers and fees for 2009.

     

    1.           All
director’s fees and retainer (“Fees”) payable to you in connection with your
service on the boards of directors (including committees of such boards) of AMR
Corporation and American Airlines, Inc. for the period January 1, 2009 through
December 31, 2009, will be deferred and paid to you in accordance with this
letter agreement.

     

    2.           Fees
will be converted to Stock Equivalent Units in accordance with the Procedures
for Deferral of Board Retainers and Fees, as amended and restated, a copy of
which is attached hereto as Exhibit A (the “Plan”).

     

    3.           On
the 30th business day after the date when you cease to be a Director of AMR
Corporation and any affiliates, and cease rendering services, the Stock
Equivalent Units accrued pursuant to the Plan will be converted to cash and paid
to you in a lump sum by multiplying the number of such Stock Equivalent Units by
the arithmetic mean of the high and the low of AMR stock (“fair market value”)
during the month when you ceased to be a Director of AMR Corporation and any
affiliates, and cease rendering services.  Payment cannot be
accelerated.

     

    4.           In
the event of your death, the number of Stock Equivalent Units as of your date of
death will be multiplied by the fair market value of AMR stock during the
calendar month immediately preceding your death, and the amount paid to Anita
Mattoo Gupta.  The payment contemplated by this paragraph 4 will be
made on the 30th
business day following the date of your death.

     

    If the
foregoing is satisfactory to you, please indicate by signing one of the
originals (two are enclosed) and returning it to me.

     

    


     

    


    Very
truly yours,

     

    /s/ Kenneth W. Wimberly

    Kenneth
W. Wimberly

    Corporate
Secretary

    


    


    


    


    Accepted
and agreed:

    


    


    /s/ Rajat
K. Gupta

    Rajat K.
Gupta
Remuneration Agreement between SanguiBioTech International, Inc.,(a Colorado company), 1393 North Bennett Circle Farmington, Utah 84025 hereafter "the Company" duly represented by its President  Thomas Striepe c/o Feedback AG Neuer Wall 52 20352 Hamburg, Germany  and  Joachim Flei'ng Am Vogelherd 43 35043 Marburg, Germany.  hereafter "Joachim Flerng"     I. Duties  In accordance with the instructions of the board of directors as may be given from time to time Joachim Fleing will be in charge of the duties as promulgated by sections 4.071etters (d) (Treasurer) and (f) (Secretary) of tn1fb i laws of the company.  Moreover, Joachim Fleing shall in accordance with the instructions of the board of directors write and distribute the press releases of the corporation and carry out other media activities as instructedby the Board of Directors.  Other activities may be assigned to him by the Board of Directors from time to time by explicit resolution.   II.   Remuneration  For carrying out the activities as listed above, Joachim Fleing will charge an hourly rate of EUR60.00. Should services covering an entire day or several days in a row be requested by the Board of directors, the daily rate will be limited to EUR720.00. Billable hours will be documented by detailed schedules on a thirty minute basis. Travel cost and out-of-pocket expenses will be charged as they occur and as documented without any surcharge. Mileage for the use of a private car will be at EUR0.50 per kilometer. Invoiceswill be submitted at the end of each month.  If appropriate, flat fees may be agreed upon from time to time for larger projects.    Ill.  Cancellations  (1) UponsigningofthisagreementtheservicecontractofJuly2002 assignedaswellasanylaterconfirmationsoramendmentsbasedonitshallbedeemedcancelledandexpirewith immediateeffect.  (2) Thepresent agreement can be cancelled by either party at two weeks' notice.


IV. Severability Clause  [f120224remunerationagreem001.jpg]Should any individual provision of this agreement be or become invalid, or should there prove to be an omission, this will not affect the validity of the remaining provisions. The invalid provision will be replaced by one which onomically corresponds to what the Parties would have intended. [f120224remunerationagreem002.jpg]                                                                                                   l  Thomas Striepe Sangui BioTech International, Inc.  Hamburg, February 24, 2012 Marburg, February 2012 Endnotes e,
<PAGE>
                                                                    Exhibit 23.1



                         CONSENT OF INDEPENDENT AUDITORS



The Board of Directors
Corillian Corporation:


We consent to incorporation by reference in the registration statements (Nos.
333-72652, 333-55176 and 333-35448) on Form S-8 of Corillian Corporation of our
report dated January 31, 2003, relating to the consolidated balance sheets of
Corillian Corporation and subsidiaries as of December 31, 2001 and 2002, and the
related consolidated statements of operations, redeemable convertible preferred
stock and shareholders' equity (deficit) and cash flows for each of the years in
the three-year period ended December 31, 2002, which report appears in the
Corillian Corporation Annual Report on Form 10-K for the year ended December 31,
2002.


                                  /s/ KPMG LLP




Portland, Oregon
March 21, 2003
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28 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Mark Tauscher, et al., 

Plaintiffs, 

v. 

Vanguard Health Management 

Incorporated, et al., 

Defendants. 

No. CV-17-04779-PHX-GMS

ORDER 

Pursuant to the parties’ Stipulation for Dismissal (Doc. 23) and good cause 

appearing, 

IT IS HEREBY ORDERED dismissing the above-entitled action with prejudice, 

the parties to bear their own attorneys’ fees and costs. This action is terminated. 

 Dated this 4th day of December, 2018. 

 

Case 2:17-cv-04779-GMS Document 24 Filed 12/04/18 Page 1 of 1
#### James W. PIKE, Movant, v. KENTUCKY BAR ASSOCIATION, Respondent.

Nos. 93-SC-209-KB, 93-SC-505-KB.

Supreme Court of Kentucky.

Sept. 2, 1993.

*752Bradley R. Hume, Woodward, Hobson & Fulton, Louisville, James W. Pike, La-Grange, for movant.

Brace Davis, Executive Director, Ray Clooney, Kentucky Bar Ass’n, Frankfort, for respondent.

*ORDER GRANTING MOTION TO RESIGN UNDER TERMS OF DISBARMENT*

Movant was charged with unethical conduct and now moves for permission to resign from the Kentucky Bar Association pursuant to SCR 3.480(3). He is alleged to have misappropriated $145,000 of client funds in an estate matter. The Association has responded that the terms proposed are acceptable.

Therefore, IT IS ORDERED that mov-ant’s, James W. Pike’s, motion to resign from the Kentucky Bar Association under terms of disbarment is granted. IT IS FURTHER ORDERED that:

1. Movant shall not be permitted to engage in the practice of law, as defined by SCR 3.020, in the Commonwealth of Kentucky until such time as the Supreme Court of Kentucky enters an order reinstating his membership in the Kentucky Bar Association.

2. Movant shall not file an application for reinstatement for a period of five years from the date of this order.

3. Movant shall not file an application for reinstatement following the five year period unless he presents satisfactory evidence that he has made restitution to the estate of Mary B. Bennett or to the Kentucky Bar Association client’s security fund.

4. Notwithstanding the five year period mentioned above, Movant shall not file an application for reinstatement if there is any outstanding claim or judgment against him resulting from his practice of law prior to resignation, and such claims and judgments shall include any there may be from the client’s security fund of the Kentucky Bar Association.

5. Any application for reinstatement filed by movant shall be governed by SCR 3.520, reinstatement in case of disbarment, or any subsequent amendment to SCR 3.520.

6. All disciplinary proceedings pending against movant shall be terminated and the cost thereof shall be paid by movant in accordance with SCR 3.450(1) and SCR 3.480(3).

7. Movant has sworn that he has complied, pursuant to a previous Order of Temporary Suspension, with the provisions of SCR 3.390 requiring notice to all courts in which he has matters pending and to all clients whom he was actively representing of his inability to continue to represent them and of the necessity and urgency of retaining new counsel.

All concur.

ENTERED: September 2, 1993.

/s/ Robert F. Stephens ROBERT F. STEPHENS, Chief Justice
EXHIBIT 10.88





EXTENSION AGREEMENT





This Extension Agreement (this “Agreement”), dated as of March 1, 2011, is entered into by and among Location Based Technologies, Inc., (“Borrower”) and Jeffrey Motske, (“Holder”).





RECITALS:





WHEREAS, the Holder has loaned $100,000 to the Borrower as of the effective date of this Extension Agreement, evidenced by a Promissory Note Agreement dated June 14, 2010 with an original maturity date of December 13, 2010 (“Note”) and by this Extension Agreement dated March 1, 2011 hereby extending the maturity date to March 31, 2011; and





WHEREAS, the Borrower and Holder agree to further extend the maturity date of the Note in accordance with the terms hereof.





AGREEMENT:





NOW THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:





1.Extension of Maturity Date.The Maturity Date under the Note is hereby extended for an additional time until March 31, 2011.




2.Conversion Payment.  Holder shall receive the principal and accrued interest, with the funds going first to the accrued interest and the balance to the principal until paid in full.





3.Shares.  Jeffrey Motske shall receive 100,000 shares of the Company’s restricted Common Stock.





4.Full Force and Effect.  Except as otherwise expressly provided herein, the Note dated June 14, 2010, shall remain in full force and effect.  Except for any waivers and modifications contained herein, this Agreement shall not in any way waive or prejudice any of the rights or obligations of the Holder or the Borrower under the Note, under any law, in equity or otherwise, and such waivers and modifications shall not constitute a waiver or modification of any other provision of the Note nor a waiver or modification of any subsequent default or breach of any obligation of the Borrower or of any subsequent right of the Holder.










IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of March 1, 2011.








The “Borrower”










Location Based Technologies, Inc.







The “Holder”




Jeffrey Motske