alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR

. R. 47.5, the Court has determined th a t

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 98-50091

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

VERSUS

CESAR OCTAVIO MORALES-HINOJOSA,

Defendant-Appellant.

Appeal from the United States District Court

For the Western District of Texas

EP-97-CR-569-1-DB

August 13, 1998

Before Duhé, Benavides, and Parker, Circuit Judges.

ROBERT M. PARKER, Circuit Judge * :

Court-appointed counsel for Cesar Octavio Morales-Hinojosa has

filed a brief pursuant to Anders v. California

, 386 U.S. 738 (1967)

and a motion for leave to withdraw as counsel. Morales-Hinojosa

has filed a response. Upon independent review of the record, we

find that counsel’s Anders brie f is inadequate. In order for an

Anders brief to be adequate, counsel must refer to anything in the2

record that might arguably support the appeal. I d. at 74 4. Our

independent review reveals two potential errors w hich are

conspicuously absent from the Anders brief. We do not foreclose

the possibility that other errors exist.

Accordingly, it is ordered that counsel’s motion for leave to

withdraw as couns el is denied. It is further ordered that the

Anders brief be stricken. It is further ordered that counsel brief

the sufficiency of the district court’s explanation of the effects

of violating supervised r elease and explanation that the answers

Morales-Hinojosa would provide to the court’s questions could later

be used against him in a prosecution for perjury or false

statement.

MOTION DENIED. ANDERS BRIEF STRICKEN.
Order entered June 11, 2014

In The 

## Court of Appeals **Fifth District of Texas at Dallas**
No. 05
- 13
- 01634
- CV SHAMOUN & NORMAN, LL P, Appellant
V. ALBERT G. HILL, JR. , Appellee On Appeal from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. DC
- 10
- 14714
- H 

### O RDER
We GRANT appellant’s June 9, 2014 third motion for an extension of time to file a brief. Appellant shall file its brief on or before July 16, 2014. We caution appellant that no further extension of time will be grant ed absent extraordinary circumstances.

/s/ ADA BROWN JUSTICE
EXHIBIT 11


<PAGE>





                 Statement re Computation of Earnings Per Share

<TABLE>
<CAPTION>


                                                                                                Year Ended
                                                                                              July 31, 1997
                                                                                              -------------

<S>                                                                                             <C>       
Net income                                                                                      $6,061,011
                                                                                                ==========

Weighted average shares outstanding                                                              4,414,742

Common stock equivalents due to dilutive effect on stock options                                   656,702
                                                                                                ----------

Total weighted average common shares and equivalents outstanding                                 5,071,444
                                                                                                ==========

Primary earnings per share                                                                      $     1.20
                                                                                                ==========

Total weighted average common shares and equivalents outstanding
for fully diluted computation                                                                    5,084,462
                                                                                                ==========

Fully diluted earnings per share                                                                $     1.19
                                                                                                ==========

</TABLE>
<PAGE>   1
                                                                    EXHIBIT 23.1

                        CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statement (Form
S-3 No. 333-68337) of ZymeTx, Inc. and in the related Prospectus of our report
dated July 30, 1999, except for Note 9, as to which the date is October 7, 1999,
with respect to the consolidated financial statements of ZymeTx, Inc. included
in this Annual Report (Form 10-KSB) for the year ended June 30, 1999.



                                                  ERNST & YOUNG LLP

Oklahoma City, Oklahoma
October 7, 1999
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Prencilla Williams,

Plaintiff,

v.

Bard Peripheral Vascular, Inc. and C. R. 

Bard, Inc., et al.,

Defendant.

)

)

)

)

)

)

)

)

)

MDL Case No. 2:15-md-02641-DGC

Civil Action No. CV-17-03727-PHX-DGC

APPEARANCE OF COUNSEL

To: The clerk of court and all parties of record

I am admitted or otherwise authorized to practice in this court, and I appear in this case as counsel for:

Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc.

Date: November 27, 2017 /s/ Richard B. North, Jr.

Attorney's signature

Richard B. North, Jr. (Ga. Bar No. 545599)

Printed name and bar number

Nelson Mullins Riley & Scarborough, LLP

201 17th St., NW, Suite 1700, Atlantic Station, Atlanta, GA 30363

Address

richard.north@nelsonmullins.com

E-mail Address

(404) 322-6000

Telephone number

(404 322-6050

FAX number

Case 2:15-md-02641-DGC Document 9166 Filed 12/06/17 Page 1 of 1
[Federal Register Volume 79, Number 200 (Thursday, October 16, 2014)]
[Notices]
[Page 62241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24655]


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

DEPARTMENT OF STATE

[Public Notice 8917]


Culturally Significant Objects Imported for Exhibition 
Determinations: ``Keith Haring: The Political Line'' Exhibition

SUMMARY: Notice is hereby given of the following determinations: 
Pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 
1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 
Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, Delegation of Authority No. 236-3 
of August 28, 2000 (and, as appropriate, Delegation of Authority No. 
257 of April 15, 2003), I hereby determine that the objects to be 
included in the exhibition ``Keith Haring: The Political Line,'' 
imported from abroad for temporary exhibition within the United States, 
are of cultural significance. The objects are imported pursuant to loan 
agreements with the foreign owners or custodians. I also determine that 
the exhibition or display of the exhibit objects at the Fine Arts 
Museums of San Francisco, de Young, San Francisco, CA, from on or about 
November 8, 2014, until on or about February 16, 2015, and at possible 
additional exhibitions or venues yet to be determined, is in the 
national interest. I have ordered that Public Notice of these 
Determinations be published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: For further information, including a 
list of the exhibit objects, contact Julie Simpson, Attorney-Adviser, 
Office of the Legal Adviser, U.S. Department of State (telephone: 202-
632-6467). The mailing address is U.S. Department of State, SA-5, L/PD, 
Fifth Floor (Suite 5H03), Washington, DC 20522-0505.

    Dated: October 8, 2014.
Kelly Keiderling,
Principal Deputy Assistant Secretary, Bureau of Educational and 
Cultural Affairs, Department of State.
[FR Doc. 2014-24655 Filed 10-15-14; 8:45 am]
BILLING CODE 4710-05-P
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

February 19, 2008 Clifford W. Taylor, Chief Justice
135259 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, Robert P. Young, Jr. Stephen J. Markman, Justices

v SC: 135259 COA: 270901 Wayne CC: 05-003866-01 DAVID ARZOLA, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application fo r leave to appeal the September 20, 2007 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the questions presented s hould be reviewed by this Court.

s0211 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.

February 19, 2008

Clerk
#### STATE OF NEW JERSEY v. AARON PETER HUFF.

September 6, 1989.

Petition for certification denied.
1

2

3

4

5

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18

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Shaw Cowart, L.L.P.

1609 Shoal Creek Blvd., Ste. 100

Austin, Texas 78701

(512) 499-8900

Ethan L. Shaw (TX Bar No. 18140480)

Matthew J. Riley (TX Bar No. 24070500)

Justin W. Fishback (TX Bar No. 24056736)

(Admitted Pro Hac Vice)

1609 Shoal Creek Blvd., Ste. 100

Austin, Texas 78701

elshaw@shawcowart.com 

mriley@shawcowart.com

jfishback@shawcowart.com 

(512) 499-8900 telephone

(512) 320-8906 facsimile

Attorneys for Plaintiff Dorothy Spann obo Simmy Hill

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

IN RE BARD IVC FILTERS 

PRODUCTS LIABILITY LITIGATION

Dorothy Spann obo Simmy Hill,

 Plaintiff,

v.

C.R. Bard, Inc. and Bard Peripheral 

Vascular, Inc.

 Defendants.

No. MD-15-02641-PHX-DGC

Civil Action No.: 2-16-CV-00518-DGC

DEMAND FOR JURY TRIAL

Plaintiff, Dorothy Spann obo Simmy Hill, hereby demands a trial by jury as to all issues 

so triable.

RESPECTFULLY SUBMITTED this 26

th day of February, 2016.

Case 2:15-md-02641-DGC Document 893 Filed 02/26/16 Page 1 of 2
-2-

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SHAW COWART, LLP

By: /s/ Ethan L. Shaw 

 Ethan L. Shaw (TX Bar No. 18140480)

Matthew J. Riley (TX Bar No. 24070500)

Justin W. Fishback (TX Bar No. 24056736)

(Admitted Pro Hac Vice)

1609 Shoal Creek Blvd., Ste. 100

Austin, Texas 78701

(512) 499-8900 telephone

(512) 320-8906 facsimile

elshaw@shawcowart.com 

mriley@shawcowart.com

jfishback@shawcowart.com 

Attorneys for Plaintiff

Dorothy Spann obo Simmy Hill

Certificate of Service 

I hereby certify that on this 26th day of February, 2016, I electronically transmitted the 

foregoing Demand for Jury Trial to the Clerk’s Office using the CM/ECF System for filing and 

transmittal of a Notice of Electronic Filing to the attorneys who are registered with the Court’s 

electronic filing system.

/s/ Ethan L. Shaw

Case 2:15-md-02641-DGC Document 893 Filed 02/26/16 Page 2 of 2
II 

108TH CONGRESS 

2D SESSION S. 2604 

To amend the Internal Revenue Code of 1986 to reduce the recognition 

period for built-in gains for subchapter S corporations. 

IN THE SENATE OF THE UNITED STATES 

JUNE 24, 2004 

Mr. SMITH (for himself and Mr. BREAUX) introduced the following bill; which 

was read twice and referred to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to reduce 

the recognition period for built-in gains for subchapter 

S corporations. 

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

3 SECTION 1. REDUCED RECOGNITION PERIOD FOR BUILT-IN 

4 GAINS. 

5 (a) IN GENERAL.—Paragraph (7) of section 1374(d) 

6 (relating to definitions and special rules) is amended to 

7 read as follows: 

8 ‘‘(7) RECOGNITION PERIOD.—The term ‘rec9 ognition period’ means the 7-year period beginning 

10 with the 1st day of the 1st taxable year for which 
2 

•S 2604 IS 

1 the corporation was an S corporation. For purposes 

2 of applying this section to any amount includible in 

3 income by reason of distributions to shareholders 

4 pursuant to section 593(e), the preceding sentence 

5 shall be applied without regard to the duration of 

6 the recognition period in effect on the date such dis7 tribution.’’. 

8 (b) EFFECTIVE DATE.— 

9 (1) GENERAL RULE.—The amendment made by 

10 this section shall apply to any recognition period in 

11 effect on or after the date of the enactment of this 

12 Act. 

13 (2) SPECIAL APPLICATION TO EXISTING PERI14 ODS EXCEEDING 7 YEARS.— Any recognition period 

15 in effect on the date of the enactment of this Act, 

16 the length of which is greater than 7 years, shall end 

17 on such date. 

Æ
11 TH C OURT OF A PPEALS

E ASTLAND

, T EXAS

J UDGMENT

Matthew Lee Lacey

, * From the 104 th District Court

of Taylor County,

Trial Court No. 15182

- B.

Vs. No. 11

- 14

- 00144

- CV * April 2 9 , 2016

The State of Texas, * Memorandum Opinion by Wright, C.J.

(Panel consists of: Wright, C.J.,

Willson, J. , and Bailey, J. )

This court has inspected the record in this cause and concludes that there

is no error in the order below. Therefore, in accordance with this court ’ s

opinion, the order of the trial court is in all things affirmed.
#### STATE OF NEW JERSEY v. DANIEL COUNTERMAN.

May 30, 1989.

Petition for certification denied.
No. 01-15-00210-CV

IN THE 

FIRST COURT OF APPEALS 

HOUSTON, TEXAS 

FRANCISCO CALLEJA-AHEDO 

 Appellant 

V.

COMPASS BANK 

 Appellee 

On Appeal from the 55th District Court 

Harris County, Texas. 

Trial Cause No. 2014-22168 

AGREED MOTION FOR EXTENSION 

OF TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE JUDGES OF SAID COURT: 

COMES NOW, Appellant Francisco Calleja-Ahedo and files this first motion 

for extension of time to file his Appellant’s Brief and would show:

Appellant’s Brief is due on June 11, 2015. This is the first request for extension, 

although a prior motion was denied as premature based on the erroneous assumption 

that Appellant’s Brief was due earlier. Mr. O’Connor was hospitalized in March for 

eight days and underwent three procedures to stabilize his heart. Subsequently, Mr. 

ACCEPTED

01-15-00210-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

6/10/2015 12:45:05 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 6/10/2015 12:45:05 PM CHRISTOPHER A. PRINE Clerk
O’Connor was again in the hospital for eleven days during the first half of May with 

pneumonia and continued heart complications. He still has not been cleared by his 

cardiologist and may have to reenter the hospital soon to implant a pacemaker. Mr. 

O’Connor is presently restricted in his work and other activities and cannot complete 

the brief by June 11, 2015. See doctor’s letter attached hereto. Appellant’s attorneys 

have been unable to complete Appellant’s Brief under such circumstances, which 

requires dealing with numerous issues and record review.

WHERFORE, Appellant requests a forty-five (45) day extension to file 

Appellant’s Brief.

Respectfully submitted,

O'CONNOR, CRAIG, GOULD & EVANS

 By: /s/ Michael C. O’Connor

Michael C. O'Connor

State Bar No. 15187000

Lesley C. O’Connor

State Bar No. 24086952

2500 Tanglewilde, Suite 222

Houston, Texas 77063

(713) 266-3311

(713) 953-7513 (Fax)

ATTORNEYS FOR PLAINTIFF 

FRANCISCO CALLEJA-AHEDO
CERTIFICATE OF CONFERENCE

The undersigned certifies that he has conferenced by telephone with Michael D. 

Conner, attorney for Appellee, who agrees with this Motion.

 By: /s/ Michael C. O’Connor

Michael C. O’Connor

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing pleading has been 

forwarded to all counsel of record by electronic service or telefax in accordance with 

Rule 21a on this 10th day of June, 2015

/s/ Michael C. O’Connor

 Michael C. O’ Connor
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Mine Safety and Health Review Commission

# TIME AND DATE:

10:00 a.m., Wednesday, October 22, 2014.

# PLACE:

The Richard V. Backley Hearing Room, Room 511N, 1331 Pennsylvania Avenue NW., Washington, DC 20004 (entry from F Street entrance).

# STATUS:

Open.

# MATTERS TO BE CONSIDERED:

                        The Commission will consider and act upon the following in open session:                         *Secretary of Labor*                         v.                         *DQ Fire and Explosion Consultants,*                         Docket Nos. WEVA 2011-357-R, et al. (Issues include whether the Administrative Law Judge erred in ruling that the Secretary provided adequate notice of his interpretation of certain training regulations.)                    

Any person attending this meeting who requires special accessibility features and/or auxiliary aids, such as sign language interpreters, must inform the Commission in advance of those needs. Subject to 29 CFR 2706.150(a)(3) and 2706.160(d).

# CONTACT PERSON FOR MORE INFO:

Emogene Johnson (202) 434-9935/(202) 708-9300 for TDD Relay/1-800-877-8339 for toll free.

Emogene Johnson,

Administrative Assistant.

[FR Doc. 2014-24694 Filed 10-14-14; 11:15 am]

BILLING CODE 6735-01-P
UNITED STATES DISTRICT COURT 

FOR THE 

DISTRICT OF ARIZONA 

Sarah Simpson,

Plaintiff, 

v. 

C. R. Bard Inc., 

Defendant. 

)

) 

) 

) 

) 

) 

) 

) 

) 

) 

MDL Case No. 2:15-md-02641-DGC 

Civil Action No. CV-17-03802-PHX-DGC 

APPEARANCE OF COUNSEL 

To: The clerk of court and all parties of record

I am admitted or otherwise authorized to practice in this court, and I appear in this case as 

counsel for: 

Defendant C. R. Bard, Inc. 

Date: October 23, 2017 /s/ Richard B. North, Jr. 

Attorney’s signature 

Richard B. North, Jr. (Ga. Bar No. 545599) 

Printed Name and bar number 

Nelson Mullins Riley & Scarborough, LLP 

201 17th St., NW, Ste. 1700, Atlantic Station, Atlanta, GA 30363 

Address 

richard.north@nelsonmullins.com 

E-mail address 

(404) 322-6155 

Telephone number 

(404) 322-6050 

FAX number 

Case 2:15-md-02641-DGC Document 8358 Filed 10/23/17 Page 1 of 1
hsmg_ex1010.htm

EXHIBIT 10.10
  
  
  
  
 	 
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EXHIBIT 15


                           ACCOUNTANT'S ACKNOWLEDGMENT


We  acknowledge the incorporation by reference in the Registration Statements on
Form  S-3 (filed in October 2000 and March 2001) and Form S-8 (filed in November
1997)  of  Penn  Octane  Corporation  of our report dated February 2, 2005 which
appears  on  page  3  of  the  Transition Report on Form 10-Q for the transition
period from August 1, 2004 to December 31, 2004.


          /s/  BURTON  MCCUMBER  &  CORTEZ,  L.L.P.


Brownsville,  Texas
February  22,  2005


                                       45
<PAGE>
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Shirley Dance,

Plaintiff,

v.

Bard Peripheral Vascular, Inc.,

Defendant.

)

)

)

)

)

)

)

)

)

MDL Case No. 2:15-md-02641-DGC

Civil Action No. CV-16-00332-PHX-DGC

WAIVER OF THE SERVICE OF SUMMONS

To: Law Office of Ben C Martin, LLP

(Name of plaintiff’s attorney or unrepresented plaintiff)

I have received your request to waive service of a summons in this action along with a copy of the complaint, two 

copies of this waiver form, and a prepaid means of returning one signed copy of the form to you.

I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case.

I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court’s 

jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service.

I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within 

60 days from 2/22/2016, the date when this request was sent (or 90 days if it was sent outside the United States). If I fail 

to do so, a default judgment will be entered against me or the entity I represent.

Date: February 26, 2016 /s/ Richard B. North, Jr.

Signature of the attorney or unrepresented party

Shirley Dance

Printed name of party waiving service

of summons

Richard B. North, Jr. (Ga. Bar No. 545599)

Printed Name

Nelson Mullins Riley & Scarborough, LLP

201 17th St., NW, Suite 1700, Atlantic Station, Atlanta, GA 30363

Address

richard.north@nelsonmullins.com

E-mail Address

(404) 322-6155

Telephone number

Duty to Avoid Unnecessary Expenses of Serving a Summons

Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a 

summons and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff 

located in the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure. 

“Good cause” does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has 

no jurisdiction over this matter or over the defendant or the defendant’s property. 

If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of 

a summons or of service. 

If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the 

plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been 

served.

Case 2:15-md-02641-DGC Document 906 Filed 02/29/16 Page 1 of 1