alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
179 La. 298

#### STATE v. McDEARMON et al.

No. 32732.

Supreme Court of Louisiana.

March 26, 1934.

L. C. Blanchard, of Shreveport, for appellants.

G. L. Porterie, Atty. Gen., James O’Con-nor, Asst. Atty. Gen., and Robert F. Ken-non, Dist. Atty., of Minden (James O’Niell, Sp. Asst. Atty. Gen., of counsel), for the State.

LAND, Justice.

The above cases were consolidated for trial in the court below.

The defendant McDearmon is charged in No. 11759 with keeping a banking game, and in No. 11760 with keeping a banking house. He was convicted in- both cases, and was sentenced in each to pay a fine of $2,500, and, in default of payment, to serve twelve months in the parish jail.

The defendant C. W. Rogillio is charged in No. 11761 with keeping a banking game. He was also convicted and sentenced to pay a fine of $1,000, and, in default of payment, to serve six months in the parish jail.

Both defendants have appealed.

Neither of the defendants has filed a brief in this court in his behalf. Nor has either filed an assignment of errors. There is no error patent upon the face of the record, which does not contain a single bill of exception. The appeal, therefore, presents nothing for this court to review.

The convictions and sentences appealed from are affirmed.

ST. PAUL, J., absent.
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

SHARON D. FOWLER-TURNER, 

Plaintiff,

v.

JAMES B. PEAKE, M.D., 

Secretary of the Department of Veteran Affairs, 

Defendant. 

___________________________________/

Case Number: 09-CV-12968

JUDGE PAUL D. BORMAN

UNITED STATES DISTRICT COURT

ORDER (1) GRANTING PLAINTIFF’S APPLICATION TO PROCEED 

WITHOUT PREPAYMENT OF FEES AND 

(2) DENYING PLAINTIFF’S APPLICATION FOR APPOINTMENT OF COUNSEL

Before the Court is Plaintiff’s July 28, 2009 Application to Proceed In Forma Pauperis

and Application for Appointment of Counsel Financial Affidavit. (Dkt. Nos. 2-3). Having

considered her Application to Proceed In Forma Pauperis under 28 U.S.C. § 1915(a) and her

Application for Appointment of Counsel under 28 U.S.C. § 1915(e), 

IT IS ORDERED that her Application to Proceed In Forma Pauperis is: 

__X__ GRANTED.

_X_ The clerk is directed to file the complaint.

___ IT IS FURTHER ORDERED that the clerk issue summons and the plaintiff serve

a copy of the complaint, summons, and this order upon the defendant. 

IT IS FURTHER ORDERED that her Application for Appointment of Counsel is: 

__X__ DENIED. 

2:09-cv-12968-PDB-VMM Doc # 4 Filed 07/31/09 Pg 1 of 2 Pg ID 10
2

SO ORDERED.

s/Paul D. Borman 

PAUL D. BORMAN

UNITED STATES DISTRICT JUDGE

Dated: July 31, 2009

CERTIFICATE OF SERVICE

Copies of this Order were served on the attorneys of record by electronic means or U.S. Mail on

July 31, 2009.

s/Denise Goodine 

Case Manager

2:09-cv-12968-PDB-VMM Doc # 4 Filed 07/31/09 Pg 2 of 2 Pg ID 11
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 483 Engrossed in House (EH)]

  1st Session
                                H. R. 483

_______________________________________________________________________

                                 AN ACT

 
  To amend title XVIII of the Social Security Act to permit medicare 
  select policies to be offered in all States, and for other purposes.

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

SECTION 1. PERMITTING MEDICARE SELECT POLICIES TO BE OFFERED IN ALL 
              STATES FOR AN EXTENDED PERIOD.

    Section 4358(c) of the Omnibus Budget Reconciliation Act of 1990, 
as amended by section 172(a) of the Social Security Act Amendments of 
1994, is amended to read as follows:
    ``(c) Effective Date.--(1) The amendments made by this section 
shall only apply--
            ``(A) in 15 States (as determined by the Secretary of 
        Health and Human Services) and such other States as elect such 
        amendments to apply to them, and
            ``(B) subject to paragraph (2), during the 8\1/2\ year 
        period beginning with 1992.
    ``(2)(A) The Secretary of Health and Human Services shall conduct a 
study that compares the health care costs, quality of care, and access 
to services under medicare select policies with that under other 
medicare supplemental policies. The study shall be based on surveys of 
appropriate age-adjusted sample populations. The study shall be 
completed by December 31, 1998.
    ``(B) The Secretary shall determine during 1999 whether the 
amendments made by this section shall remain in effect beyond the 8\1/
2\ year period described in paragraph (1)(B). Such amendments shall 
remain in effect beyond such period unless the Secretary determines 
(based on the results of the study under subparagraph (A)) that--
            ``(i) such amendments have not resulted in savings of 
        premiums costs to those enrolled in medicare select policies 
        (in comparison to their enrollment in medicare supplemental 
        policies that are not medicare select policies and that provide 
        comparable coverage),
            ``(ii) there have been significant additional expenditures 
        under the medicare program as a result of such amendments, or
            ``(iii) access to and quality of care has been 
        significantly diminished as a result of such amendments.''.

            Passed the House of Representatives April 6, 1995.

            Attest:

                                                                 Clerk.
104th CONGRESS

  1st Session

                               H. R. 483

_______________________________________________________________________

                                 AN ACT

  To amend title XVIII of the Social Security Act to permit medicare 
  select policies to be offered in all States, and for other purposes.
```
NUMBER 13-19-00117-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

____________________________________________________________

CONRADO TOVAR JR., APPELLANT,

v.

THE STATE OF TEXAS, APPELLEE.

____________________________________________________________

On appeal from the 275th District Court

of Hidalgo County, Texas.

____________________________________________________________

ORDER OF ABATEMENT

Before Chief Justice Contreras and Justices Benavides and Hinojosa

Order Per Curiam

Appellant, Conrado Tovar Jr., has filed a notice of appeal with this Court from his 

conviction in trial court cause number CR-4758-17-E. The trial court's certification of the 

defendant's right to appeal shows that the defendant does not have the right to appeal. 

See TEX. R. APP. P. 25.2(a)(2). 
2

On March 20, 2019, we ordered appellant's counsel, Florencio Lopez, to, within 

thirty days, review the record and advise this Court as to whether appellant has a right to 

appeal. See TEX. R. APP. P. 44.3, 44.4. No response to this Court's order has been 

received. Therefore, we abate this appeal and remand this cause to the trial court for a 

hearing to determine why counsel has failed to comply with this Court's order. The trial 

court's findings and conclusions shall be included in a supplemental clerk's record. The 

trial court shall file the supplemental clerk's record and reporter's record, if any, with the 

Clerk of this Court within thirty days of the date of this order.

If the trial court determines that counsel is unable to represent appellant in this 

matter, the trial court shall conduct a hearing to determine whether appellant desires to 

prosecute the appeal, whether appellant is indigent, and whether appellant is entitled to 

appointed counsel. See Penson v. Ohio, 488 U.S. 75, 83-84 (1988); Stafford v. State, 

813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We further direct the trial court to issue 

findings of fact and conclusions of law regarding these issues. Should the trial court find 

that appellant desires to pursue this appeal, is indigent, and is entitled to appointed 

counsel, the trial court shall appoint counsel. If counsel is appointed, the name, address, 

email address, telephone number, and state bar number of said counsel shall be included 

in the trial court's findings of fact and conclusions of law.

PER CURIAM

Do not publish.

TEX. R. APP. P. 47.2(b).

Delivered and filed the 

1st day of May, 2019.
Exhibit
32.1





CERTIFICATION
PURSUANT TO 18 U.S.C. §1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the quarterly report of NovaBay Pharmaceuticals, Inc. (the
“Company”) on Form 10-Q for the quarter ended June 30, 2009, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Ramin
(“Ron”) Najafi, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. §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 Company.








Date:
August 13, 2009











/s/ Ramin
(“Ron”) Najafi


_________________________________





Ramin
(“Ron”) Najafi


Chief
Executive Officer and President








This
Certification is made solely for the purpose of 18 USC Section 1350, subject to
the knowledge standard contained therein, and not for any other
purpose.
I

104TH CONGRESS

2D SESSION H. R. 3611

To extend the authority for the Homeless Veterans’ Reintegration Projects

for fiscal years 1997 through 1999, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 11, 1996

Mr. BUYER (for himself, Mr. FILNER, Mr. STUMP, and Mr. MONTGOMERY)

introduced the following bill; which was referred to the Committee on

Veterans’ Affairs, and in addition to the Committee on Banking and Financial Services, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

A BILL

To extend the authority for the Homeless Veterans’ Reintegration Projects for fiscal years 1997 through 1999,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. EXTENSION OF AUTHORITY.

4 Section 738(e)(1) of the Stewart B. McKinney Home5 less Assistance Act (42 U.S.C. 11448(e)(1)) is amended

6 by adding at the end the following:

7 ‘‘(E) $10,000,000 for fiscal year 1997.

8 ‘‘(F) $10,000,000 for fiscal year 1998.
2

•HR 3611 IH

1 ‘‘(G) $10,000,000 for fiscal year 1999.’’.

2 SEC. 2. REPEAL OF EXTENSION OF AUTHORITY.

3 Paragraph (2) of section 102(d) of the Act entitled

4 ‘‘An Act to amend title 38, United States Code, to extend

5 the authority of the Secretary of Veterans Affairs to carry

6 out certain programs and activities, to require certain re7 ports from the Secretary of Veterans Affairs, and for other

8 purposes’’, approved February 13, 1996 (Public Law 104–

9 110; 110 Stat. 769), is repealed, and the provisions of sec10 tion 741 of the Stewart B. McKinney Homeless Assistance

11 Act (42 U.S.C. 11450) are amended so as to appear as

12 in effect immediately before the enactment of Public Law

13 104–110.

Æ
<TABLE> <S> <C>

<ARTICLE> 9
       
<S>                             <C>                    
<PERIOD-TYPE>                   12-MOS                 
<FISCAL-YEAR-END>                          DEC-31-1996 
<PERIOD-END>                               DEC-31-1996 
<CASH>                                         4004149 
<INT-BEARING-DEPOSITS>                         2395574
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    4205287
<INVESTMENTS-CARRYING>                         2000000
<INVESTMENTS-MARKET>                           2001875
<LOANS>                                      110232344
<ALLOWANCE>                                    1500941
<TOTAL-ASSETS>                               190808722
<DEPOSITS>                                   164279105
<SHORT-TERM>                                   8500000
<LIABILITIES-OTHER>                            1628665
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        156
<COMMON>                                         15941
<OTHER-SE>                                    16384855
<TOTAL-LIABILITIES-AND-EQUITY>               190808722
<INTEREST-LOAN>                               10308273
<INTEREST-INVEST>                              4306296
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                              14614569
<INTEREST-DEPOSIT>                             7433334
<INTEREST-EXPENSE>                              342078
<INTEREST-INCOME-NET>                          6839157
<LOAN-LOSSES>                                   695000
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                4720845
<INCOME-PRETAX>                                1423312
<INCOME-PRE-EXTRAORDINARY>                     1423312
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    953712
<EPS-PRIMARY>                                     0.59
<EPS-DILUTED>                                     0.59
<YIELD-ACTUAL>                                    8.39
<LOANS-NON>                                    1676064
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                1676064
<ALLOWANCE-OPEN>                              11902495
<CHARGE-OFFS>                                   389308
<RECOVERIES>                                      5000
<ALLOWANCE-CLOSE>                              1500941
<ALLOWANCE-DOMESTIC>                           1500941
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
#### Robert D. SUTTON, Appellant, v. TRANSPORTATION CABINET, COMMONWEALTH of KENTUCKY, C. Leslie Dawson, Appellees.

No. 88-CA-255-S.

Court of Appeals of Kentucky.

April 7, 1989.

As Modified on Denial of Rehearing June 16, 1989.

Discretionary Review Denied Sept. 20, 1989.

William L. Wiesman, Owensboro, for appellant.

Allen L. Condra, Transp. Cabinet, Madi-sonville, for appellees.

Before HOWARD, McDONALD and WILHOIT, JJ.

WILHOIT, Judge.

The appellant Robert D. Sutton appeals from the trial court’s denial of his summa*934ry judgment motion and dismissal of his claim.

The appellant was convicted of driving under the influence of intoxicants in the state of Indiana on March 13, 1984. On October 20, 1987, he pled guilty to driving under the influence of alcohol in Kentucky in violation of KRS 189A.010. He sought to enter a driver education program as provided for by KRS 189A.070 and KRS 186.560(6), the successful completion of which permits a first-time violator of KRS 189A.010 to reduce the length of the mandatory revocation of his operator’s license from six months to thirty days. The Transportation Cabinet blocked this effort, informing the appellant that he was not eligible because he was a second-time violator and under KRS 189A.070(l)(b), his driving privileges must be suspended for twelve months. KRS 189A.070 provides for various periods of license revocation for “a person convicted of violation of KRS 189A.010” depending upon the number of prior violations of that statute.

The appellant filed this action for a declaratory judgment permitting him to enter a driver improvement program and to have his license reinstated after 30 days. The trial court denied the appellant’s motion for summary judgment and dismissed his claim. He argues on appeal that although he was previously convicted in Indiana of the same kind of offense as that set out in KRS 189A.010, he has, in fact, been convicted only once of violating KRS 189A.010. This statute applies only to operating a motor vehicle “anywhere in this state” and both KRS 189A.070 and 186.-560(6) expressly apply only to violations of KRS 189A.010.

While the General Assembly might well have related the length of license suspension to the number of convictions of driving under the influence anywhere, it has explicitly chosen that the length of revocation be related to the number of violations of KRS 189A.010. *See Division of Driver Licensing v. Bergmann,*Ky., 740 S.W.2d 948 (1987). It is undisputed that the appellant has been convicted only once of violating that statute. Neither we nor the cabinet is empowered to rewrite statutes to suit our notion of sound public policy when the General Assembly has clearly and unambiguously established a different notion.

The order of the trial court is reversed and this case is remanded for further proceedings consistent with this opinion.

All concur.
Exhibit 10.31

OSullivan
Industries Holdings, Inc.,and OSullivan Industries,
Inc.

Compensation for
Directors

Each
director of OSullivan Industries Holdings, Inc. and OSullivan Industries, Inc.
not employed by OSullivan Industries, Inc. receives as compensation for his or her
service:

1.       
          a stipend of $30,000 per year;

2.       
          a fee of $2,000 per meeting (other than a regular quarterly meeting of the Board
          or a Committee meeting held on the same day as a regular quarterly meeting of
          the Board) attended in person (with all meetings that occur on the same day
          being considered as one meeting);

3.       
          a fee of $1,000 per meeting attended by telephone conference (with all meetings
          that occur on the same day being considered as one meeting); and

4.       
          a one-time grant of options to purchase common stock of OSullivan
          Industries Holdings, Inc. in such amount and at such price as may be approved by
          the Board or an opportunity to purchase shares of OSullivan Industries
          Holdings, Inc. stock as approved by the Board.

All
directors are reimbursed for their expenses incurred in connection with their service on
the Board or any Committee thereof, including without limitation travel expenses incurred
in connection with meetings of the Board of Directors or any Committee thereof.

Members
of the Board who serve as Chairman of Committees of the Board receive additional
compensation as follows:

A.       
          the Chairman of the Audit Committee receives an annual stipend of $7,500;

B.       
          the Chairman of the Restructuring Committee receives an annual stipend of
          $10,000;

C.       
          the Chairman of the Nominating Committee receives an annual stipend of $5,000;
          and

D.       
          the Chairman of the Compensation Committee receives an annual stipend of $5,000.

The
Chairman of the Board of the Corporation receives a stipend of $5,000 per month.

---
COURT OF APPEALS

	SECOND DISTRICT OF TEXAS

	FORT WORTH

	NO. 2-06-354-CV

WILLIAM HUDGINS, D.C.	APPELLANT	

	V.

SHERRY VITEK 	APPELLEE

	----------

	FROM COUNTY COURT AT LAW NO. 2 OF TARRANT COUNTY

	----------

	MEMORANDUM OPINION1 AND JUDGMENT

	----------

	We have considered appellant’s “Motion To Dismiss.”  It is the court’s opinion that the motion should be granted; therefore, we dismiss the appeal.  See TEX. R. APP. P. 42.1(a)(1), 43.2(f).

	Costs of the appeal shall be paid by appellant, for which let execution issue.  See Tex. R. App. P. 43.4.

								PER CURIAM

PANEL D:  HOLMAN, GARDNER, and WALKER, JJ.  

DELIVERED:  May 31, 2007
[Federal Register Volume 73, Number 22 (Friday, February 1, 2008)]
[Notices]
[Page 6183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1817]


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

FEDERAL RESERVE SYSTEM


Change in Bank Control Notices; Acquisition of Shares of Bank 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. [thinsp]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. The notices also will be available for 
inspection at the office 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 February 15, 2008.
    A. Federal Reserve Bank of Dallas (W. Arthur Tribble, Vice 
President) 2200 North Pearl Street, Dallas, Texas 75201-2272:
    1. Glover Loftin, to acquire voting shares of Capital Bancorp, 
Inc., and thereby indirectly acquire voting shares of Commercial 
Capital Bank, all of Delhi, Louisiana.

    Board of Governors of the Federal Reserve System, January 28, 
2008.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. E8-1817 Filed 1-31-08; 8:45 am]
BILLING CODE 6210-01-S
UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

 

UNITED STATES OF AMERICA,

Plaintiff,

v. Case No. 09-20452

RADHWAN AL-MARSOUMI,

Defendant.

 /

ORDER DENYING WITHOUT PREJUDICE DEFENDANT’S

MOTION TO MODIFY THE TERMS OF SUPERVISED RELEASE

Defendant Radhwan Al-Marsoumi violated the terms of his probation and, on

September 28, 2012, was sentenced to twelve months imprisonment and two years of

supervised release. Defendant moves to modify the terms of his supervised release

pursuant to 18 U.S.C. § 3583(e)(2). Defendant seeks to reduce his supervised release

term to one year and to remove all travel restrictions so that he may receive medical

treatment for his seizures. As Defendant is presently incarcerated, however, the motion

is premature. Accordingly,

IT IS ORDERED that Defendant’s motion to modify the terms of supervised

release [Dkt. # 12] is DENIED WITHOUT PREJUDICE.

 s/Robert H. Cleland 

ROBERT H. CLELAND

UNITED STATES DISTRICT JUDGE

Dated: June 20, 2013

2:09-cr-20452-RHC Doc # 13 Filed 06/20/13 Pg 1 of 2 Pg ID 43
S:\Cleland\JUDGE'S DESK\C1 ORDERS\09-20452.AL-MARSOUMI.Deny.Without.Prejudice.Modify.Supervised.Release.wpd

2

I hereby certify that a copy of the foregoing document was mailed to counsel of record

on this date, June 20, 2013, by electronic and/or ordinary mail.

 s/Lisa Wagner 

Case Manager and Deputy Clerk

(313) 234-5522

2:09-cr-20452-RHC Doc # 13 Filed 06/20/13 Pg 2 of 2 Pg ID 44
<PAGE>
                                  EXHIBIT 23.02


                        INDEPENDENT ACCOUNTANTS' CONSENT



The Board of Directors
FirstSense Software, Inc.:

We consent to incorporation by reference in the registration statements (Nos.
333-40456, 333-31484, 333-78087, 333-51945, 333-40645, 333-38363, 333-57672,
333-72518 and 333-82252) on Form S-8 and (No. 333-36170) on Form S-3 of Concord
Communications, Inc. of our report dated April 5, 2000, with respect to the
statements of operations, stockholders' (deficit) equity, and cash flows for the
year ended December 31, 1999, which report appears in the December 31, 2001
annual report on Form 10-K of Concord Communications, Inc.


/s/ KPMG LLP

Boston, Massachusetts
March 6, 2002