alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# F-18 tethered “free flight” model.

F-18 tethered "free flight" model.

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#### Berry *v.*Borden.

*Friday,*May 30.

If the declaration in trespass contain two counts alleging different assaults and batteries, and the defendant’s plea justify only one of the trespasses, the plaintiff, by replying *de injuria,*waives the benefit of one of the counts, and cannot give evidence of an assault and battery different from the one justified.

A judgment *non obstante veredicto*is allowed only where the plea confesses the action, and entirely fails to avoid it.

ERROR to the *Allen*Circuit Court. .

Dewey, J.

— Trespass, assault and battery. The declaration contains two counts alleging different assaults and batteries on the same day. Plea, “as to the assaulting, beating, &c., in the declaration mentioned,” *son assault demesne,*jus-, tifying a single assault and battery, and alleging that the injury done to the plaintiff, in the necessary self defence of the defendant, “was the supposed trespasses mentioned in the introductoiy part of the plea, and whereof the plaintiff complained.” Replication, *de injuria;*and issue. On the trial, the defendant established his justification by proof. The plaintiff then offered testimony of an assault and battery different from that justified. The Court rejected the testimony, and there was a verdict for the defendant. The plaintiff prayed a judgment *non obstante veredicto,*which was *385refused. Final judgment for the defendant upon the verdiet.

*H. Cooper,*for the plaintiff.

*W. H. Coombs*and *M. G. Bright,*for the defendant.

The plaintiff might, undoubtedly, have compelled the defendant to plead separately to each count, by demurring to the plea; but by replying *de injuria*he waived the benefit of one of the counts, and confined the trial to the single trespass justified by the plea. 1 Chitt. Pl. *414.*—Gale v. *Dalrymple,*and *Gibson*v. Hawkey, Ryan & Mood. 118. The Court committed no error in rejecting evidence of a second assault and battery. ' •---

The motion for a judgment notwithstanding the Verdict, was also correctly overruled. Such judgments are allowed only when the plea confesses a cause of action, and entirely fails to avoid it upon the merits. 1 Chitt. PI. 556, 557.— Steph. PI. 97. In the present cause, the trial was restricted by the pleading to the single trespass justified by the plea, which set forth a good *defence,*— son *assault demesne.*The merits, therefore, were fully tried, and the defendant was entitled to judgment upon the verdict.

*Per Curiam.*

— The judgment is affirmed with costs.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                           5,062
<SECURITIES>                                    39,767
<RECEIVABLES>                                    6,800
<ALLOWANCES>                                       495
<INVENTORY>                                      4,046
<CURRENT-ASSETS>                                56,837
<PP&E>                                           6,151
<DEPRECIATION>                                   1,519
<TOTAL-ASSETS>                                  72,825
<CURRENT-LIABILITIES>                            7,491
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            22
<OTHER-SE>                                      65,200
<TOTAL-LIABILITY-AND-EQUITY>                    72,825
<SALES>                                         40,171
<TOTAL-REVENUES>                                40,171
<CGS>                                           15,402
<TOTAL-COSTS>                                   15,402
<OTHER-EXPENSES>                                14,299
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 455
<INCOME-PRETAX>                                  2,085
<INCOME-TAX>                                     (673)
<INCOME-CONTINUING>                              2,188
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,758
<EPS-BASIC>                                       0.64
<EPS-DILUTED>                                     0.12


</TABLE>
[Federal Register Volume 75, Number 211 (Tuesday, November 2, 2010)]
[Notices]
[Pages 67379-67380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27626]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Cancer Institute; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.


[[Page 67380]]


    Name of Committee: National Cancer Institute Special Emphasis 
Panel; SPORE in Prostate, Skin, Pancreatic and other GI Cancers.
    Date: February 2-4, 2011.
    Time: 8 a.m. to 12 p.m.
    Agenda:To review and evaluate grant applications.
    Place: Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 
Wisconsin Avenue, Bethesda, MD 20814.
    Contact Person: Caron A Lyman, Ph.D., Scientific Review Officer, 
Research Programs Review Branch, Division of Extramural Activities, 
National Cancer Institute, 6116 Executive Blvd, Room 8119, Bethesda, 
MD 20892-8328, 301-451-4761, <a href="/cdn-cgi/l/email-protection#7915001418171a391418101557171011571e160f"><span class="__cf_email__" data-cfemail="f894819599969bb895999194d6969190d69f978e">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.392, 
Cancer Construction; 93.393, Cancer Cause and Prevention Research; 
93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer 
Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer 
Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer 
Control, National Institutes of Health, HHS)

    Dated: October 27, 2010.
Jennifer S. Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 2010-27626 Filed 11-1-10; 8:45 am]
BILLING CODE 4140-01-P


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#### Shirley A. Brown et al., Appellants, v Aames Capital Corporation et al., Respondents.

[789 NYS2d 475]

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered May 13, 2003, which, in an action by plaintiff mortgagors to set aside a foreclosure sale, granted defendant mortgagee’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

As the motion court previously held in denying plaintiffs’ motion for a preliminary injunction staying the eviction proceedings pending against them in Civil Court, the foreclosure sale, which was conducted pursuant to a Bankruptcy Court order lifting the automatic stay imposed by the third bankruptcy proceeding filed by one of the plaintiffs, was unaffected by the dismissal of that proceeding some five weeks after the public sale and two days before the delivery of the Referee’s deed to defendant. Bankruptcy Code (11 USC) § 349 (b) provides, inter alia, that dismissal of a case revests the estate’s property in the holder thereof immediately before the commencement of the case, “[u]nless the court, for cause, orders otherwise.” It is clear the Bankruptcy Court departed from the prevailing rule here. As the motion court stated, it would be “utterly nonsensical” to say that the Bankruptcy Court intended defendant to proceed with the sale only to then revest title in plaintiffs by dismissing the bankruptcy proceeding. Concur—Buckley, P.J., Tom, Andrias, Marlow and Ellerin, JJ.
UNITED STATES COURT OF APPEALS 

FOR THE TENTH CIRCUIT 

_________________________________ 

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee, 

v. 

CRISTIAN RAZO SICAIROS, a/k/a 

Cristian Sicairos Razo, 

 Defendant - Appellant. 

No. 14-1460 

(D.C. No. 1:14-CR-00076-JLK-4) 

(D. Colo.) 

_________________________________ 

ORDER AND JUDGMENT*

_________________________________ 

Before HOLMES, MATHESON, and PHILLIPS, Circuit Judges. 

_________________________________ 

 Defendant-Appellant Cristian Razo Sicairos pled guilty to conspiracy to distribute 

methamphetamine. He appeals his sentence. 

At the sentencing hearing, the district court 

(1) calculated his United States Sentencing Guidelines range as 188 to 235 

months; 

(2) varied downward the equivalent of two offense levels; and 

(3) sentenced him to 188 months. 

 

*

 After examining the briefs and appellate record, this panel has determined 

unanimously that oral argument would not materially assist in the determination of 

this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore 

ordered submitted without oral argument. This order and judgment is not binding 

precedent, except under the doctrines of law of the case, res judicata, and collateral 

estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. 

App. P. 32.1 and 10th Cir. R. 32.1. 

FILED 

United States Court of Appeals

Tenth Circuit 

May 1, 2015

Elisabeth A. Shumaker 

Clerk of Court

Appellate Case: 14-1460 Document: 01019424338 Date Filed: 05/01/2015 Page: 1 
- 2 - 

ROA, Vol. III at 26-30. The court failed to calculate the post-variance Guidelines range 

(which would have been 151 to 188 months) or explain the sentence imposed. Id. It then 

entered a written judgment indicating the sentence was below the Guidelines range. See 

ROA, Vol. I at 79, 80. Defense counsel did not object to the foregoing; our review is 

therefore for plain error. United States v. Gantt, 679 F.3d 1240, 1246 (10th Cir. 2012). 

 Mr. Sicairos argues, and the Government agrees, that the sentence is procedurally 

unreasonable under Gall v. United States, 552 U.S. 38 (2007), and constitutes plain error. 

We agree. Exercising jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), we 

vacate Mr. Sicairos’s sentence and remand for resentencing.1

ENTERED FOR THE COURT, 

Scott M. Matheson, Jr. 

Circuit Judge 

 

1

 At the sentencing hearing, the court and counsel for both sides seemed to 

understand that a prospective amendment to the United States Sentencing Guideline 

(“U.S.S.G.”) § 2D1.1 would have reduced the defendant’s base offense level by two, 

and recognized the amendment would not be effective until November 1, 2014, the 

next month. ROA, Vol. III at 23-24, 27. We note that the Probation Office 

determined Mr. Sicairos was responsible for 11.59 kilograms of “ice.” ROA, Vol. II 

at 10. This amount would appear to result in the same base offense level—38—both 

before and after the 2014 amendment to U.S.S.G. § 2D.1.1. 

Appellate Case: 14-1460 Document: 01019424338 Date Filed: 05/01/2015 Page: 2
Exhibit 99.1

CERTIFICATION PURSUANT TO 18 U.S.C. SUB-SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Sport-Haley, Inc. (the "Company") on Form 10-Q for the period ended September 30,
2002, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), we, the undersigned Chief Executive Officer and Chief Financial Officer of the Company, do each certify,
to our respective knowledge, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:



Dated:
November 14, 2002

|/s/KEVIN M. TOMLINSONKevin M. Tomlinson
Chief Executive Officer |  | 
|--------------------------------------------------------------- |  | 
|/s/PATRICK W. HURLEYPatrick W. Hurley
Chief Financial Officer   |  | 



QuickLinks
[Federal Register Volume 75, Number 214 (Friday, November 5, 2010)]
[Notices]
[Page 68367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28074]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Eunice Kennedy Shriver National Institute of Child Health & Human 
Development; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Child Health and Human 
Development Special Emphasis Panel, Expanding Grants Administration 
in Rural Uganda.
    Date: November 18, 2010.
    Time: 3 p.m. to 4 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, 6100 Executive Blvd., 
Bethesda, MD 20852 (Teleconference).
    Contact Person: Michelle C. Hindi-Alexander, PhD, Scientific 
Review Officer, Division of Scientific Review, National Institutes 
of Health, Eunice Kennedy Shriver National Institute of Child Health 
and Human Development, NIH, 6100 Executive Blvd., Room 5B01, 
Bethesda, MD 20892, 301-435-8382, <a href="/cdn-cgi/l/email-protection#5a3233343e333b36371a373b333674343332743d352c"><span class="__cf_email__" data-cfemail="a1c9c8cfc5c8c0cdcce1ccc0c8cd8fcfc8c98fc6ced7">[email protected]</span></a>.

    This notice is being published less than 15 days prior to the 
meeting due to the timing limitations imposed by the review and 
funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.864, 
Population Research; 93.865, Research for Mothers and Children; 
93.929, Center for Medical Rehabilitation Research; 93.209, 
Contraception and Infertility Loan Repayment Program, National 
Institutes of Health, HHS)

    Dated: November 1, 2010.
Jennifer S. Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 2010-28074 Filed 11-4-10; 8:45 am]
BILLING CODE 4140-01-P


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[Federal Register Volume 75, Number 205 (Monday, October 25, 2010)]
[Notices]
[Page 65498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26889]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Heart, Lung, and Blood Institute; Notice of Closed 
Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Heart, Lung, and Blood Institute 
Special Emphasis Panel, Career Enhancement Awards for Stem Cell 
Research.
    Date: November 10, 2010.
    Time: 12:30 p.m. to 3:30 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, 6701 Rockledge Drive, 
Bethesda, MD 20892. (Telephone Conference Call.)
    Contact Person: William J Johnson, PhD, Scientific Review 
Officer, Review Branch/DERA, National Heart, Lung, and Blood 
Institute, 6701 Rockledge Drive, Room 7178, Bethesda, MD 20892-7924. 
301-435-0725. <a href="/cdn-cgi/l/email-protection#18727770766b77766f587670747a7136767170367f776e"><span class="__cf_email__" data-cfemail="a3c9cccbcdd0cccdd4e3cdcbcfc1ca8dcdcacb8dc4ccd5">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.233, 
National Center for Sleep Disorders Research; 93.837, Heart and 
Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, 
Blood Diseases and Resources Research, National Institutes of 
Health, HHS)

    Dated: October 19, 2010.
Jennifer S. Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 2010-26889 Filed 10-22-10; 8:45 am]
BILLING CODE 4140-01-P


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<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FRESH CHOICE
INC'S REPORT ON FORM 10-Q FOR THE QUARTER ENDED JUNE 15, 1997 AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH REPORT ON FORM 10-Q.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-28-1997
<PERIOD-START>                             MAR-24-1997
<PERIOD-END>                               JUN-15-1997
<CASH>                                           5,717
<SECURITIES>                                         0
<RECEIVABLES>                                      141
<ALLOWANCES>                                         0
<INVENTORY>                                        459
<CURRENT-ASSETS>                                 6,713
<PP&E>                                          43,079
<DEPRECIATION>                                  12,417
<TOTAL-ASSETS>                                  38,342
<CURRENT-LIABILITIES>                           11,332
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      5,175
<COMMON>                                        42,115
<OTHER-SE>                                    (21,745)
<TOTAL-LIABILITY-AND-EQUITY>                    38,342
<SALES>                                         17,379
<TOTAL-REVENUES>                                17,379
<CGS>                                            4,716
<TOTAL-COSTS>                                   12,463
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                (33)
<INCOME-PRETAX>                                    233
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                233
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       233
<EPS-PRIMARY>                                      .03
<EPS-DILUTED>                                      .03
        

</TABLE>
Exhibit 32.1

CERTIFICATON OF CHIEF
EXECUTIVE OFFICER

| | Pursuant
to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of
2002
| | --------------------------------------------------------------------------------------------

In connection with the filing with
the Securities and Exchange Commission of the Quarterly Report of Hemagen Diagnostics,
Inc. on Form 10-QSB for the period ending June 30, 2003, the quarterly report, I, William
P. Hales, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §
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.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------

/s/ William P. Hales
William P. Hales

President and Chief
Executive Officer(Principal Executive Officer)

August 13, 2003

A signed original of this written
statement required by Section 906 has been provided to Hemagen Diagnostics, Inc. and will
be retained by Hemagen Diagnostics, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.

18