alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 10.95

                           Amendment Number One
                  to Supply Agreement dated December 3, 1998
            between Caraloe Inc., and Eventus International, inc.


       In  reference  to  the  Supply  Agreement  (the  "Agreement")  dated
  December  3, 1998, between Caraloe, Inc. and Eventus International, Inc.,
  both  parties  to  the  Agreement  now  desire to amend the Agreement and
  hereby  agree that Section 2 of the Agreement shall be amended to read as
  follows:

       2.   Sale and Purchase.  Subject  to the terms and conditions of the
  Agreement,  Seller  shall  sell  to  Buyer, and Buyer shall purchase from
  Seller,  during  each  year  of  the Term, agreed upon monthly quantities
  equal  to  all  of  Buyer's  needs for Manapol[R] Powder for the Product.
  Seller  shall,  however,  not  be  required to sell monthly quantities in
  excess  of  Seller's  present plant, farm or manufacturing capacity.  The
  Product  specifications  shall  be  as  set  forth  on  Exhibit A to this
  Agreement.

            Both  parties  further agree that Exhibit B to the Agreement is
  hereby  amended to read in its entirety in the form of Exhibit B attached
  hereto.

       This amendment shall be effective as of December 3, 1998.  All other
  terms and conditions of the Agreement remain unchanged.

  AGREED TO AND ACCEPTED BY:         CARALOE, INC.



                                          /s/ Robert W. Schnitzius         
                
                                     Name:     Robert W. Schnitzius
                                     Title:    Chief Financial Officer
                                     Date:     February 26, 1999

                                     EVENTUS INTERNATIONAL, INC.



                                     
                                     _______________________________________
                                     Name: ______________________________
                                     Title: _______________________________
                                     Date:     February 26, 1999


<PAGE>


                                  EXHIBIT B
                         EVENTUS INTERNATIONAL, INC.



               Product                            Prices

               Manapol[R] Powder (Bulk)
                   1 to 1,200 kg                 $1,250.00 / kg
               1,201 to 3,600 kg                  $1,225.00 / kg
               3,601 to 5,000 kg                  $1,200.00 / kg

  Eventus  International  intends to purchase 1,200 kg of Manapol[R] Powder
  each 12 months of the first three years of the term of this contract.  If
  the  first  three  annual purchase amounts are not completed as intended,
  Eventus  International  will purchase the total of 3,600 kg of Manapol[R]
  Powder within five (5) years of the effective date of the agreement.

  Purchases  will comply with a forecast provided by Eventus International,
  Inc.

  The above pricing is based on annual volume.
  Prices F.O.B. Irving, TX.
  Terms are Net 30 days with approved credit.
Opinion issued February 13, 2024

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-23-00150-CR

———————————

EX PARTE ANDRE RICARDO BAILEY

On Appeal from the 268th District Court

Fort Bend County, Texas

Trial Court Case No. 19-DCR-088627

MEMORANDUM OPINION

Andre Ricardo Bailey, acting pro se, attempts to appeal the trial court’s denial 

of his “Application for Writ of Habeas Corpus Requesting Dismissal of Indictment 

in Violation of Due Process Right to Examining Trial.” We affirm.

On September 9, 2019, the grand jury returned an indictment against Baily for 

the felony offense of burglary of habitation. Bailey filed an application for writ of 
2

habeas corpus on January 30, 2023, seeking dismissal of the indictment on the basis 

that he did not receive an examining trial. The habeas application was denied on 

February 15, 2023. Bailey filed a notice of appeal on February 24, 2023, challenging 

the denial of his habeas application.

Concerning Bailey’s assertion that he failed to receive an examining trial, the 

code of criminal procedure provides, in relevant part: “The accused in any felony 

case shall have the right to an examining trial before indictment ....” TEX. CODE 

CRIM. PROC. art. 16.01 (emphasis added). At the time Bailey filed his application for 

writ of habeas corpus, he had already been indicted years before and, therefore, no 

longer had “a right” to an examining trial. See id. Under well-established law, “the 

return of an indictment terminates any right to an examining trial.” State ex rel. 

Holmes v. Salinas, 784 S.W.2d 421, 427 (Tex. Crim. App. 1990) (orig. proceeding).

Accordingly, we affirm the order denying Bailey’s habeas application.

PER CURIAM

Panel consists of Chief Justice Adams and Justices Landau and Rivas-Molloy.

Do not publish. TEX. R. APP. P. 47.2(b).
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











The
undersigned officer of Pizza Inn, Inc. (the “Company”), does hereby certify, to
such officer’s knowledge, that the accompanying Annual Report on Form 10-K for
the fiscal year ended June 29, 2008, and filed with the Securities and Exchange
Commission on the date hereof (the “Form 10-K”) fully complies with the
requirements of Section 13(a) or 15(d), as applicable, of the Securities
Exchange Act of 1934 and the information contained in the Form 10-K fairly
presents, in all material respects, the financial condition and results of
operations of the Company.








Date:
      September 25, 2008
            
            By:
            /s/ Nancy
      Ellefson
              Vice
      President of Finance and Principal Accounting Officer
              (Principal
      Financial Officer)
EXHIBIT
32.2




CERTIFICATION




Pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. §1350, as
adopted), the undersigned, Mark R. Doede, President, Chief Operating Officer and
Chief Financial Officer of Integral Vision, Inc. (the “Company”), hereby certifies
that, to the best of his knowledge:




1.The
Company's Annual Report on Form 10-K for the year ended December 31, 2008
(the “Periodic
Report”), to which this Certification is attached as Exhibit 32.2
fully complies with the requirements of Section 13(a) or Section 15(d)
of the Securities Exchange Act of 1934, as amended; and




2.The
information contained in the Periodic Report fairly presents, in all material
respects, the financial condition of the Company at the end of the period
covered by the Periodic Report and results of operations of the Company for the
period covered by the Periodic Report.




DATED:December 20,
2010




/S/ Mark R. DoedeMark
      R. DoedePresident,
      Chief Operating Officer,and
      Chief Financial Officer
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 112 Introduced in Senate (IS)]

110th CONGRESS
  1st Session
                                 S. 112

 To amend title XIX of the Social Security Act to provide 100 percent 
  reimbursement for medical assistance provided to a Native Hawaiian 
through a federally-qualified health center or a Native Hawaiian health 
                              care system.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 4, 2007

Mr. Reid (for Mr. Inouye) introduced the following bill; which was read 
             twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
 To amend title XIX of the Social Security Act to provide 100 percent 
  reimbursement for medical assistance provided to a Native Hawaiian 
through a federally-qualified health center or a Native Hawaiian health 
                              care system.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native Hawaiian Medicaid Coverage 
Act of 2007''.

SEC. 2. 100 PERCENT FMAP FOR MEDICAL ASSISTANCE PROVIDED TO A NATIVE 
              HAWAIIAN THROUGH A FEDERALLY-QUALIFIED HEALTH CENTER OR A 
              NATIVE HAWAIIAN HEALTH CARE SYSTEM UNDER THE MEDICAID 
              PROGRAM.

    (a) Medicaid.--The third sentence of section 1905(b) of the Social 
Security Act (42 U.S.C. 1396d(b)) is amended by inserting ``, and with 
respect to medical assistance provided to a Native Hawaiian (as defined 
in section 12 of the Native Hawaiian Health Care Improvement Act) 
through a federally-qualified health center or a Native Hawaiian health 
care system (as so defined) whether directly, by referral, or under 
contract or other arrangement between a federally-qualified health 
center or a Native Hawaiian health care system and another health care 
provider'' before the period.
    (b) Effective Date.--The amendment made by this section applies to 
medical assistance provided on or after the date of enactment of this 
Act.
                                 <all>
```
#### The People of the State of New York, Respondent, v Joshua Barnes, Appellant.

[745 NYS2d 466]

Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated January 31, 1994 *(People v Barnes,*200 AD2d 751), affirming a judgment of the Supreme Court, Kings County, rendered April 6, 1992.

Ordered that the application is denied.

The appellant has failed to establish that he was denied the effective assistance of appellate counsel *(see Jones v Barnes,*463 US 745). Ritter, J.P., S. Miller, O’Brien and Krausman, JJ., concur.
No. 98-51092

-1-

 

* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-51092

Summary Calendar

 

MANUEL GOMEZ HERNANDEZ,

Petitioner-Appellant,

versus

GARY L. JOHNSON, Director,

Texas Department of Criminal Justice,

Institutional Division,

Respondent-Appellee.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. MO-98-CV-1

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

March 22, 2000

Before DAVIS, EMILIO M. GARZA and DENNIS, Circuit Judges.

PER CURIAM:*

 Manuel Gomez Hernandez (TDCJ # 539907) was granted a

certificate of appealability (COA) to appeal the district court’s

sua sponte dismissal of his habeas corpus petition as

procedurally barred. Although the Respondent had argued in the

district court that Hernandez’s petition was successive within

the meaning of 28 U.S.C. § 2244(b), the district court relied on 

our holding in In re Gasery, 116 F.3d 1051, 1052 (5th Cir. 1997),

and determined that the petition was not successive because
No. 98-51092

-2-

Hernandez’s prior petition had been dismissed without prejudice

for failure to exhaust state-court remedies. The Respondent

argues that because the district court’s conclusion was in error,

this court lacks jurisdiction over the present cause. 

 We reject the Respondent’s argument because it ignores the

fact that this court remanded to the district court an

unexhausted claim so that it could either be dismissed as

unexhausted or addressed on the merits. Thus, when the district

court subsequently dismissed the petition for failure to exhaust,

it was in the same procedural posture as that in Gasery, 116 F.3d

at 1052.

 Proceeding to the merits, Hernandez argues that the district

court erred by dismissing his petition as procedurally barred. 

Our de novo review of the dismissal reveals no reversible error

by the district court. See Magouirk v. Phillips, 144 F.3d 348,

359 (5th Cir. 1998); Fearance v. Scott, 56 F.3d 633, 637 (5th

Cir. 1995).

 AFFIRMED.
N OTE : This disposition is nonprecedential.



# United States **Court of Appeals**  **for the Federal Circuit**

______________________

FIGUREFUN LLC, Appellant

v.

LEGO SYSTEMS, INC., WARNER BROS. HOME ENTERTAINMENT INC.,
Cross

- Appellants

______________________

2021

- 1259, 2021

- 1278

______________________

Appeals from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No s . IPR2018

- 00754, IPR2018

- 00755.

______________________

JUDGMENT

______________________

R ICHARD C HARLES W EINBLATT

, Stamoulis & Weinblatt LLC, Wilmington, DE, argued for appellant.

J OHN W. C ERRETA

, Day Pitney LLP, Hartford, CT, argued for cross

- appellants. Also represented by E LIZABETH A. A LQUIST

, W OO S IN S EAN P ARK ; D AVID L EE F EHRMAN

, DSA Legal Solutions, Scottsdale, AZ.

______________________ Case: 21-1259 Document: 46 Page: 1 Filed: 10/07/2021T HIS C AUSE ha ving been heard and considered, it is

O RDERED and A DJUDGED :

P ER C URIAM (D YK
, O’M ALLEY

, and H UGHES

, Circuit Judges ).

AFFIRMED. See Fed . Cir. R. 36.

E NTERED BY O RDER OF THE C OURT

October 7 , 2021
Date /s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court Case: 21-1259 Document: 46 Page: 2 Filed: 10/07/2021
| *Release Date: October 18, 2010* |
|----------------------------------|
<PAGE>

EXHIBIT 99.3

CERTIFICATION UNDER SECTION 906 of the SABANES-OXLEY ACT OF 2002

I, Gary W. Rada, President and Chief Executive Officer of Factory Card & Party
Outlet Corp. (the "Company"), certify, pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

        (1)     the quarterly Report, as amended, on Form 10-Q/A of the Company
                for the quarterly period ended May 4, 2002 (the "Report") fully
                complies with the requirements of Section 13(a) or 15(d) of the
                Securities Exchanges Act of 1934 (15 U.S.C. 78m or 78o(d)); and

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

Dated:  April 30, 2003

/s/ Gary W. Rada
----------------
Gary W. Rada
President and Chief Executive Officer

CERTIFICATION UNDER SECTION 906 of the SABANES-OXLEY ACT OF 2002

I, James D. Constantine, Executive Vice President and Chief Financial and
Administrative Officer of Factory Card & Party Outlet Corp. (the "Company"),
certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C.
Section 1350, that:

        (3)     the quarterly Report, as amended, on Form 10-Q/A of the Company
                for the quarterly period ended May 4, 2002 (the "Report") fully
                complies with the requirements of Section 13(a) or 15(d) of the
                Securities Exchanges Act of 1934 (15 U.S.C. 78m or 78o(d)); and

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

Dated:  April 30, 2003

/s/ James D. Constantine
------------------------
James D. Constantine
Executive Vice President and Chief Financial and Administrative Officer
Exhibit 11

Western Pennsylvania Adventure Capital Fund, LLC

Schedule of Computation of Earnings Per Unit

For the Periods



|                                             |  |                                        |           |   |                                        |   |           |  
|-------------------------------------------- |  | -------------------------------------- | --------- | - | -------------------------------------- | - | --------- | -
|                                             |  | January 1, 2006 through March 31,
2006 |           |   | January 1, 2005 through March 31,
2005 |  
|                                             |  | (unaudited)                            |           |   | (unaudited)                            |  
|Net income (Loss)                            |  | $                                      | (28,481   | ) |                                        | $ | (26,976   | )
|                                             |  |                                        |           |   |                                        |   |           |  
|Weighted Average Number of Units Outstanding |  |                                        | 4,222,870 |   |                                        |   | 4,222,870 |  
|                                             |  |                                        |           |   |                                        |   |           |  
|Earnings (Loss) per Unit                     |  | $                                      | (0.01     | ) |                                        | $ | (0.01     | )
|                                             |  |                                        |           |   |                                        |   |           |
CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

We consent to the incorporation by reference in this Annual Report (Form 10-K) of Community Bancorp. of our report dated January 9, 2004, included in the 2003 Annual Report to Shareholders of Community Bancorp.

We also consent to the incorporation by reference in the Registration Statement (Form S-3 No. 33-18535) pertaining to the Community Bancorp. Dividend Reinvestment Plan and in the Registration Statement (Form S-8 No. 33-44713) pertaining to the Community Bancorp. Retirement Savings Plan of our report dated January 9, 2004, with respect to the consolidated financial statements incorporated herein by reference of Community Bancorp. included in the Annual Report (Form 10-K) for the year ended December 31, 2003.

/s/ Berry, Dunn, McNeil & Parker



March 30, 2004
Portland, Maine
VT Reg. No. 92-0000278
224 La. 1111

#### Mrs. Gladys BERNIARD, widow of Basil Galiano, et al. v. Joseph GALIANO and A. S. Rickefor.

No. 40110.

Supreme Court of Louisiana.

March 22, 1954.

John D. Nix, Jr., William J. Daly, New Orleans, for plaintiff-appellant.

M. C. Scharff, New Orleans, for deféñd-ants-appellees. ■

LE BLANC, Justice.

For the reasons stated in the opinion this day handed down'in the consolidated appeals in the cases of Galiano v. Galiano, No. 39739, 71 So.2d 857, and the' present case between the same parties, No. 40110.

It is ordered that the judgment appealed from in this case, No. 40110 of the docket of this Court be, and the same is hereby affirmed at the cost of the plaintiffs, appellants therein;
213 La. 798

#### In re Liquidation of HIBERNIA BANK & TRUST CO. on Opposition of Harry W. Belfor.

No. 38903.

Supreme Court of Louisiana.

April 26, 1948.

Rehearing Denied June 1, 1948.

Harry W. Belfor, in pro. per.

Ellis, Ellis & Lancaster, Milling, God-chaux, Saal & Milling, and M. Truman Woodward, Jr., all of New Orleans, amici curiae.

Montgomery, Fenner, & Brown, Dufour, St. Paul & Levy and John St. Paul, Jr., all of New Orleans, for defendants-appel-lees.

HAMITER, Justice.

For the reasons assigned in, 35 So.2d 733, the motion to dismiss the appeal is sustained, and the appeal is dismissed at appellant’s costs.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
CONSOLIDATED  FINANCIAL  STATEMENTS  CONTAINED  IN THE FORM  10-K/A FOR THE YEAR
ENDED  12-31-98 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH  FINANCIAL
STATEMENTS
</LEGEND>
<RESTATED>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-END>                                   DEC-31-1998
<CASH>                                         254,956
<SECURITIES>                                   0
<RECEIVABLES>                                  9,168,547
<ALLOWANCES>                                   (632,815)
<INVENTORY>                                    9,380,478
<CURRENT-ASSETS>                               18,761,327
<PP&E>                                         6,572,352
<DEPRECIATION>                                 (1,038,707)
<TOTAL-ASSETS>                                 29,190,714
<CURRENT-LIABILITIES>                          27,565,297
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       11,862
<OTHER-SE>                                     6,105,404
<TOTAL-LIABILITY-AND-EQUITY>                   29,190,714
<SALES>                                        21,111,704
<TOTAL-REVENUES>                               21,111,704
<CGS>                                          15,808,459
<TOTAL-COSTS>                                  15,808,459
<OTHER-EXPENSES>                               18,665,491
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             1,198,777
<INCOME-PRETAX>                                (14,537,543)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (14,537,543)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (14,537,543)
<EPS-BASIC>                                  (2.45)
<EPS-DILUTED>                                  (2.45)



</TABLE>
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 12**  **- 2379** 

VALENTIN ALEXANDROVICH KHOROSHKOV , Petitioner ,

v. ERIC H. HOLDER, JR., Attorney General , Respondent

.

On Petition for Review of an Order of the Board of Immigration Appeals.

Submitted : April 12, 2013 Decided: April 23, 2013

Before WILKINSON, KING, and AGEE , Circuit Judges.

Petition denied by un published per curiam opinion

.

H. Glenn Fogle, Jr., THE FOGLE LAW FIRM, LLC, Atlanta, Georgia, for Petitioner. Stuart F. Delery, Principal Deputy Assistant Attorney General, Shelley R. Goad, Assistant Director, Elizabeth R. Chapman, Trial Attorney, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Valentin Alexandrovich Khoroshkov , a native and

citizen of Kazakhstan , petition s for review of an order of the Board of Immigration Appeals (“Board”) dismissing his appeal from the immigration judge’s decision denying his re quests for asylum and withholding of removal. We have thoroughly reviewed the record, including the various documentary exhibits relevant to country conditions in Kazakhstan , the transcript of

Khoroshkov ’s merits hearing, and Khoroshkov ’s supporting

affid avit and evidence. We conclude that the record evidence does not compel a ruling contrary to any of the Board’s factual findings, see 8 U.S.C. § 1252(b)(4)(B) (2006), and that substantial evidence supports the Board’s decision. See INS v.
Elias

– Zacarias , 502 U.S. 478, 481 (1992). Accordingly, we deny the petition for review for the reasons stated by the Board.

See In re: Khoroshkov (B.I.A. Oct. 11, 2012 ). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

PETITION DENIED