alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Ex Parte Eddie Seymour.

No. 24948.

June 23, 1950.

Relator represented himself.

*George P. Blackburn,*State’s Attorney, Austin, for the state

GRAVES, Judge.

This is an original application for the issuance of a writ of habeas corpus by relator, alleging that he is unlawfully held as an inmate of the state prison in that he was committed thereto for life as an habitual offender; that while serving such term, Governor Stevenson granted to him a conditional pardon and turned him over to a U. S. Marshal “conditioned that he be released to U. S. Marshali; conditioned upon his conducting himself in all things in an exemplary manner,” etc.; that he was taken by such marshal to Louisiana and there convicted finally and given a term of five years in some institution; that he was afterwards released from such institution and finally found in Houston, Texas; that the Governor revoked such conditional pardon and he is now in the state prison.

It is not shown what was contained in such revocation of the pardon, but it is shown in the pardon that the same was granted on condition of good behavior and was revokable upon any misconduct or violation of the law, or if the pardoned person failed in any way to comply with the terms thereof; or for any other reason that the Governor may deem sufficient, including any facts not known to the Governor at the time of the clemency, this conditional pardon should be and is subject to revocation at the Governor’s discretion, with or without hearing as the Governor may determine; and upon revocation by the Governor of this conditional pardon, the same shall become and be null and void and of no force and effect, and the said Eddie Seymour shall be returned to serve his original sentence.

We have repeatedly held that a conditional pardon is a contract between the pardoned person and the state; that its acceptance is an agreement to be bound by the terms thereof, and same can be limited by the terms of the clemency. See Ex *113parte Davenport, 110 Tex. Cr. R. 326, for a full discussion thereof; also 20 Ruling Case Law, p. 573, sec. 61; and Ex parte Redwine, 91 Tex. Cr. R. 83, 236 S.W. 96, 261 U. S. 608, 67 L. Ed. 825, 43 Sup. Ct. 433.

If the relator accepted this conditional pardon, he is bound thereby; if he did not accept such conditional pardon, then the same is no contract and would be ineffective. Therefore, we do not think such clemency would entitle him to his release in view of the revocation thereof.

The writ will be refused.
#### Johanna H. Palmer, as Administratrix, etc., of Clarence E. Palmer, Deceased, Respondent, v. Buffalo, Rochester and Pittsburgh Railway Company, Appellant.

Judgment and order reversed and new trial ordered, with costs to appellant to abide event. Held, that the court erred in submitting the case to the jury under the provisions of the Federal Employers’ Liability Act,* and further that the plaintiff’s intestate was guilty of contributory negligence' .as matter of law.

*

 See 34 U. S. Stat. at Large, 323, chap. 3073 ; *The Employers’ Liability Gases*(207 U. S. 464). See also 35 U. S. Stat. at Large, 65, chap. 149.— [Rep.
Exhibit








Exhibit 10.4
THIRD AMENDMENT
TO THE 
BANK OF AMERICA PENSION RESTORATION PLAN
(AS AMENDED AND RESTATED EFFECTIVE JANUARY 1, 2009)


Instrument of Amendment


THIS INSTRUMENT OF AMENDMENT (the “Instrument”) is executed by BANK OF AMERICA CORPORATION, a Delaware corporation with its principal office and place of business in Charlotte, North Carolina (the “Company”).


Statement of Purpose
By this Instrument, the Company is amending the Bank of America Pension Restoration Plan (Amended and Restated Effective January 1, 2009) (the “Plan”) to adjust the date of the delink calculation under the Plan.   The Company has reserved the right in Section 4.1 of the Plan to amend the Plan in whole or in part, on its own behalf and on behalf of its affiliated companies that participate in the Plan.
NOW, THEREFORE, the Company hereby amends the Plan effective as of January 1, 2013:
1.    Section 1.14 of the Plan is hereby amended to read in its entirety as follows:
“1.14    Delink Calculation Date
The date determined by the Global Human Resources Group that is not more than 15 days after the Participant’s Termination of Employment.”


IN WITNESS WHEREOF, Bank of America Corporation, on behalf of all of the Participating Employers, has caused this Instrument to be duly executed on the 26 day of March, 2013.
    
BANK OF AMERICA CORPORATION


By:    /s/ Richard J. Hille
Richard J. Hille
Global Head of Compensation and Benefits
#### In the Matter of the Application of Mary Elizabeth Montanye and Others, Respondents, for the Appointment of a Trustee of the Trusts Created in and by *936the Last Will and Testament of William H. Montanye, Deceased. Vincent M. Jelliffe and Elsie Jelliffe Carrington, Appellants.

Order affirmed, with ten dollars costs and disbursements. Mo opinion.
#### The People of the State of New York v. Margaret Teal.

Motion granted.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Panhandle Eastern Pipe Line Company Quarterly Report on Form 10-Q for the
quarter ended September 30, 1999 and is qualified in its entirety by reference
to such financial statements.
</LEGEND>
<CIK> 0000076063
<NAME> PANHANDLE EASTERN PIPE LINE COMPANY
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                   89,000
<ALLOWANCES>                                         0
<INVENTORY>                                     45,000
<CURRENT-ASSETS>                               219,000
<PP&E>                                       1,520,000
<DEPRECIATION>                                  23,000
<TOTAL-ASSETS>                               2,435,000
<CURRENT-LIABILITIES>                          147,000
<BONDS>                                      1,094,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,000
<OTHER-SE>                                   1,127,000
<TOTAL-LIABILITY-AND-EQUITY>                 2,435,000
<SALES>                                              0
<TOTAL-REVENUES>                               344,000
<CGS>                                                0
<TOTAL-COSTS>                                  125,000
<OTHER-EXPENSES>                                65,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              57,000
<INCOME-PRETAX>                                154,000
<INCOME-TAX>                                    39,000
<INCOME-CONTINUING>                             62,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    62,000
<EPS-BASIC>                                          0<F1>
<EPS-DILUTED>                                        0<F1>
<FN>
<F1>Not meaningful since Panhandle Eastern Pipe Line Company is a wholly-owned
subsidiary.
</FN>


</TABLE>
```
**MINUTES OF A
                               SPECIAL MEETING OF

                             THE BOARD OF DIRECTORS

                                       OF

                            ORBIT BRANDS CORPORATION**

        A special meeting of the Board of Directors of ORBIT BRANDS CORPORATION was
held telephonically on Wednesday, June 3, 2004 at 5:00 P.M. EST. There were
present: Joseph R. Cellura, Chairman, Gordon Ewart, Director, and Denise
Bertolini, Director, representing all of the members of the Board of Directors.
        Ms. Bertolini, acting as secretary, called the meeting to order, and stated
that the purpose of the meeting was to discuss the issuance of preferred stock
to Mr. Cellura in exchange for a certain amount of debt the Company owes to Mr.
Cellura. The Board discussed the fact that the Company has been unable to pay
approximately $3,400,000 of accrued debt owed to Mr. Cellura as of December 31,
2003 (the "Debt"). The Board acknowledged that the Company owes Mr. Cellura the
Debt based on previous and unpaid settlements, and accrued and unpaid
compensation and expenses, and accrued and unpaid benefits, and that the Company
is in default on payment of the Debt. Mr Cellura stated that he was willing to
forego payment of $750,000 (Seven Hundred and Fifty Thousand Dollars) of the
Debt in exchange for convertible preferred stock of the Company.
        WHEREUPON, upon motion duly made, seconded and carried, it was
        RESOLVED, that the Company be and the same hereby is authorized to issue
5,000,000 shares of convertible preferred stock to Mr. Cellura upon the terms
and conditions of the draft Certification of Designation attached hereto as
Exhibit "A" (the "Preferred Stock"); and it is
        FURTHER RESOLVED, that the Company be and the same hereby is authorized to
take any and all action necessary to effect the issuance of the Preferred Stock
to Mr. Cellura, including, but not limited to, the filing of the Certificate of
Designation with the State of Delaware.

By: ____________________________
       Joseph R. Cellura Chairman

By:____________________________
       Denise Bertolini Director

By:____________________________
       Gordon Ewart Director

                                       1

                                   Exhibit "A"

                           Certificate of Designation
```
_______________________________________ __ _____________ _______________ ___________ Michigan Supreme Court 

# Order

Lansing, Michigan

June 26, 2006 Clifford W. Taylor, Chief Justice

130559 Michael F. Cavanagh
Elizabeth A. Weaver (63) Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, IN RE CONTEMPT OF MARK ALLEN Justices MURDOCK

AMERICAN AXLE & MANUFACTURING, INC., Plaintiff-Appellee,

v SC: 130559 COA: 262786 Wayne CC: 03-320706-CZ MARK ALLEN MURDOCK, and JUANITA DENISE MURDOCK, Defendants-Appellants.

________________ _______________ __________/

On order of the Court, the motion for reconsideration of this Court's order of April 28, 2006 is considered, and it is DENIED, because it does not appear that the order was entered erroneously.

l0619 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

June 26, 2006

Clerk
#### The People of the State of New York, Respondent, v Derrick Pittman, Also Known as Derrek Pittman, Appellant.

[679 NYS2d 101]

Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered May 7, 1996, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him, as a second violent felony offender, to a term of 4 to 8 years, unanimously affirmed.

Defendant’s challenge to the sufficiency of the evidence supporting the element of serious physical injury (Penal Law § 10.00 [10]) is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that evidence that the complainant sustained a 4 to 5 inch “incomplete fracture” to her leg and a 4V2 inch laceration resulting in a permanent scar, that she required crutches for two weeks after the incident, and that she suffered from pain in her left leg for months as a result of injuries she sustained after defendant struck her on her leg numerous times with a pipe as she lay prone on the basement floor in his apartment building, was sufficient to demonstrate that she suffered “ ‘protracted impairment of health’ ” *(People v Mohammed,*162 AD2d 367, *lv denied*76 NY2d 861).

The court’s brief reference to some of the evidence during its *695supplemental justification charge did not constitute improper marshaling and could not have deprived defendant of a fair trial *(see, People v Culhane,*45 NY2d 757, *cert denied*439 US 1047). By failing to raise his present claims before the trial court, or by abandoning unresolved issues, or by failing to articulate any residual deficiencies in the court’s instructions after the court charged as requested by defendant, defendant failed to preserve his remaining claims *(see, People v Basora,*75 NY2d 992, 994; *People v Whalen,*59 NY2d 273, 280; *People v Pressley,*216 AD2d 202, *lv denied*86 NY2d 800), and we decline to review them in the interest of justice. Were we to review these claims, we would find them to be without merit since the main and supplemental charges adequately conveyed the correct legal standards. Concur — Lerner, P. J., Milonas, Wallach and Rubin, JJ.
Exhibit 32  CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER 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 Mondo Acquisition III, Inc. (the Company) on Form 10-Q for the
period ended June 30, 2009 as filed with the Securities and Exchange Commission
on the date hereof (the Report), I, Thomas A. Rose, President 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:  (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 12, 2009By:/s/  Thomas A. RoseThomas A. Rose
President (Principal Executive Officer and Principal Financial Officer)
#### UNITED STATES of America, Plaintiff-Appellee, v. Jose Mario ALFARO, a/k/a Noel Abenbdano-Brilla, Defendant-Appellant.

No. 02-30373. D.C. No. CR-02-00061-FVS.

United States Court of Appeals, Ninth Circuit.

Submitted July 21, 2003.*

Decided July 28, 2003.

Before LEAVY, HAWKINS and RAWLINSON, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Jose Mario Alfaro appeals his guilty plea conviction and 70-month sentence for illegal re-entry following deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291. We review a district court’s denial of a motion to withdraw a guilty plea for abuse of discretion, *676*United States v. Alber,*56 F.3d 1106, 1111 (9th Cir.1995), and the existence of venue and legality of a sentence guideline de novo, *United States v. Ruelas-Arreguin,*219 F.3d 1056, 1057 (9th Cir.2000) (venue); *United States v. Jackson,*176 F.3d 1175, 1176 (9th Cir.1999) (guideline sentence). We affirm.

Alfaro contends that the district court erred by denying his motion to withdraw his guilty plea on the grounds that venue was improper. He sought to transfer venue to the Western District of Washington, where he was arrested for a drug offense following re-entry. Venue was proper in this action because immigration authorities discovered Alfaro while he was incarcerated in the Eastern District of Washington. *See United States v. Ruelas-Arreguin,*219 F.3d 1056, 1061 (9th Cir.2000) (the crime of illegal re-entry after deportation is completed when an alien is “discovered” and identified by immigration authorities).

Alfaro’s contention that the district court erred in enhancing his offense level by 16 levels because the indictment did not allege that his prior conviction was an aggravated felony is foreclosed by *United States v. Pacheco-Zepeda,*234 F.3d 411, 414 (9th Cir.2000).

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
<TABLE> <S> <C>


<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                       9,116,232
<SECURITIES>                                 4,441,380
<RECEIVABLES>                               12,180,515
<ALLOWANCES>                                  (514,461)
<INVENTORY>                                  5,492,130
<CURRENT-ASSETS>                            31,993,494
<PP&E>                                       5,145,967
<DEPRECIATION>                              (1,700,702)
<TOTAL-ASSETS>                              38,984,430
<CURRENT-LIABILITIES>                        5,636,749
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        60,797
<OTHER-SE>                                  33,026,570
<TOTAL-LIABILITY-AND-EQUITY>                38,984,430
<SALES>                                     29,636,370
<TOTAL-REVENUES>                            29,636,370
<CGS>                                        9,696,465
<TOTAL-COSTS>                               19,730,942
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              61,520
<INCOME-PRETAX>                                644,256
<INCOME-TAX>                                   129,423
<INCOME-CONTINUING>                            514,833
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   514,833
<EPS-PRIMARY>                                     0.09
<EPS-DILUTED>                                     0.09



</TABLE>
[Federal Register Volume 73, Number 160 (Monday, August 18, 2008)]
[Notices]
[Pages 48210-48211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18978]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8705-6]


Gulf of Mexico Program Citizens Advisory Committee Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of cancellation of meeting.

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

SUMMARY: Under the Federal Advisory Committee Act (Pub. L. 92-463), EPA 
gives notice of cancellation of a meeting of the Gulf of Mexico Program 
(GMIP) Citizens Advisory Committee (CAC).

[[Page 48211]]


DATES: The cancelled meeting was scheduled to be held on Tuesday, 
August 19, 2008, from 9 a.m. to 5 p.m., Wednesday, August 20, 2008, 
from 9 a.m. to 5 p.m., and Thursday, August 21, 2008, from 9 a.m. to 12 
p.m. at the Omni Corpus Christi Hotel-Marina Tower, 707 North Shoreline 
Boulevard, Corpus Christi, Texas 78401.

FOR FURTHER INFORMATION CONTACT: Gloria D. Car, Designated Federal 
Officer, Gulf of Mexico Program Office, Mail Code EPA/GMPO, Stennis 
Space Center, MS 39529-6000 at (228) 688-2421.

    Dated: August 11, 2008.
Gloria D. Car,
Designated Federal Officer.
[FR Doc. E8-18978 Filed 8-14-08; 8:45 am]
BILLING CODE 6560-50-M
#### Thomas H. Thurston, an Infant, by Edward Haley, His Guardian ad Litem, Respondent, v. Henry G. Trout, Appellant.

Judgment and order affirmed, with costs. All concurred.
EXHIBIT 12.1
                             SUMMIT PROPERTIES INC.


               CALCULATION OF RATIOS OF EARNINGS TO FIXED CHARGES


                             (DOLLARS IN THOUSANDS)



<TABLE>
<CAPTION>
                                                                                    YEAR ENDED DECEMBER 31,
                                                                ----------------------------------------------------------------
                                                                    1998         1997         1996         1995         1994
                                                                ------------ ------------ ------------ ------------ ------------
<S>                                                             <C>          <C>          <C>          <C>          <C>
Income before minority interest of unitholders in Operating
 Partnership and extraordinary items ..........................     66,475     $ 31,934     $ 21,187     $ 15,051     $  8,527
Interest:
 Expense incurred .............................................     32,550       20,902       16,113       13,715       13,006
 Amortization of deferred financing costs .....................        956        1,057        1,025        1,087        1,061
                                                                    ------     --------     --------     --------     --------
 Total ........................................................   $ 99,981     $ 53,893     $ 38,325     $ 29,853     $ 22,594
                                                                  ========     ========     ========     ========     ========
Fixed charges:
 Interest expense .............................................   $ 32,550     $ 20,902     $ 16,113     $ 13,715     $ 13,006
 Interest capitalized .........................................      6,143        5,876        4,266        3,110          686
 Rental fixed charges .........................................        133          115          124          134          124
 Amortization of deferred financing costs .....................        956        1,057        1,025        1,087        1,061
                                                                  --------     --------     --------     --------     --------
   Total ......................................................   $ 39,782     $ 27,950     $ 21,528     $ 18,046     $ 14,877
                                                                  ========     ========     ========     ========     ========
Ratio of earnings to fixed charges ............................   $   2.51     $   1.93     $   1.78     $   1.65     $   1.52
                                                                  ========     ========     ========     ========     ========
</TABLE>
[Federal Register Volume 73, Number 156 (Tuesday, August 12, 2008)]
[Notices]
[Page 46909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18554]


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

FEDERAL RESERVE SYSTEM


Change in Bank Control Notices, Acquisition of Shares of Bank or 
Bank Holding Companies; Correction

    This notice corrects a notice (FR Doc. E8-18107 published on pages 
46005 and 46006 of the issue for Thursday, August 7, 2008.
    Under the Federal Reserve Bank of Kansas City heading, the entry 
for The Schifferdecker Limited Partnersip, Girard, Kansas, is revised 
to read as follows:
    A. Federal Reserve Bank of Kansas City (Todd Offenbacker, Assistant 
Vice President) 1 Memorial Drive, Kansas City, Missouri 64198-0001:
    1. The Schifferdecker Limited Partnership, Girard, Kansas; Mark W. 
Schifferdecker, Girard, Kansas; Susan B. Friesen, Omaha, Nebraska; and 
Joy L. Shoop, Hiawatha, Kansas; as general partners, to acquire control 
of GN Bankshares, Inc., and thereby indirectly aacquire control of The 
Girard National Bank, both in Girard, Kansas.
    Comments on this application must be received by August 21, 2008.

    Board of Governors of the Federal Reserve System, August 7, 
2008.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. E8-18554 Filed 8-11-08; 8:45 am]
BILLING CODE 6210-01-S