alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Elliott Fishback *v.*Baughner, Brooks & Co.

Appeal — Objection to Evidence — Waiver.

Objection to evidence may 'be deemed waived where the ruling was not excepted to and was not made a ground for a new trial.

*195APPEAL FROM BRACKEN CIRCUIT COURT.

October 13, 1873.

*A. H. Ward, for appellant.*

*Willis, James, for appellees.*

Opinion by

Judge Peters:

Although the evidence which is now complained of as being incompetent was objected to when offered on the trial in the court below ; still no exception was taken to the opinion of that court in admitting it. Nor was that error (if it be one which we need not and do not decide) assigned as a reason for a new trial — consequently the objection to the evidence must be regarded as waived.

But one instruction was given to the jury, to the giving of which no objection was made and no exception taken and for that reason this court cannot review the ruling of the court below as to the instruction.

The verdict for the plaintiff was as effectual as if there had been a special finding that the note sued on was the act and deed of the defendant Fishback and the judgment entered was in conformity to the verdict and in compliance with the section 414 of Civil Code.

On the motion for a new trial on the -ground of newly discovered material evidence, the appellant failed to show any diligence whatever in procuring the evidence before the trial.

Perceiving no available error in the judgment and proceedings complained of the judgment must be affirmed.
#### J. H. Muselman *v.*N. T. Parker.

Damages — Improper Award — Remedy.

If damages have been improperly awarded, the remedy is by motion in the court which committed the error.

APPEAL FROM GRANT CIRCUIT COURT.

December 6, 1873.

McMawnas, *for appellant.*

*Drane, for appellee.*

Opinion by

Judge Pryor :

The proceeding in the court below is an' attempt to enjoin the judgment of this court. The damages may have been improperly awarded, and if so the remedy was by motion in the court committing the error. And even if the court below had the jurisdiction to grant the relief, the allegation that the appellant was ignorant as to the time when the judgment was rendered, affords no excuse, and particularly when the appellant had brought the case to that court and failed to appear by brief or otherwise.

The judgment is affirmed.
United States Court of Appeals

for the Fifth Circuit ____________

No. 24-30072

Summary Calendar

____________

United States of America, 

Plaintiff—Appellee,

versus

Jereaud Egans, 

Defendant—Appellant.

______________________________

Appeal from the United States District Court 

for the Western District of Louisiana

USDC No. 5:23-CR-46-1

______________________________

Before Graves, Willett, and Wilson, Circuit Judges.

Per Curiam:*

The Federal Public Defender appointed to represent Jereaud Egans

has moved for leave to withdraw and has filed a brief in accordance with 

Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 

229 (5th Cir. 2011). Egans has filed a response. We have reviewed counsel’s 

brief and the relevant portions of the record reflected therein, as well as 

_____________________

* This opinion is not designated for publication. See 5th Cir. R. 47.5.

United States Court of Appeals

Fifth Circuit

FILED

August 21, 2024

Lyle W. Cayce

Clerk

Case: 24-30072 Document: 60-1 Page: 1 Date Filed: 08/21/2024
No. 24-30072

2

Egans’s response. We concur with counsel’s assessment that the appeal 

presents no nonfrivolous issue for appellate review. Accordingly, counsel’s 

motion for leave to withdraw is GRANTED, counsel is excused from 

further responsibilities herein, and the appeal is DISMISSED. See 5th 

Cir. R. 42.2. 

Case: 24-30072 Document: 60-1 Page: 2 Date Filed: 08/21/2024
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                         332,300
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                       3,968,900
<DEPRECIATION>                               1,485,200
<TOTAL-ASSETS>                               8,099,600
<CURRENT-LIABILITIES>                          122,700
<BONDS>                                      1,340,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   6,636,900
<TOTAL-LIABILITY-AND-EQUITY>                 8,099,600
<SALES>                                              0
<TOTAL-REVENUES>                               241,600
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               148,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              32,100
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    61,500
<EPS-PRIMARY>                                     0.21
<EPS-DILUTED>                                     0.21
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Consolidated Statement of Income and the Consolidated Statement of Financial
Position and is qualified in its entirety by reference to such financial
statements.
</LEGEND>
<RESTATED> 
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                          41,251
<SECURITIES>                                         0
<RECEIVABLES>                                  278,593
<ALLOWANCES>                                    16,819
<INVENTORY>                                    124,097
<CURRENT-ASSETS>                               526,287
<PP&E>                                       4,012,859
<DEPRECIATION>                               1,449,830
<TOTAL-ASSETS>                               3,783,252
<CURRENT-LIABILITIES>                          457,557
<BONDS>                                      1,220,394
<PREFERRED-MANDATORY>                          505,048
<PREFERRED>                                          0
<COMMON>                                           781
<OTHER-SE>                                   1,118,348
<TOTAL-LIABILITY-AND-EQUITY>                 3,783,252
<SALES>                                              0
<TOTAL-REVENUES>                             1,504,503
<CGS>                                                0
<TOTAL-COSTS>                                1,350,384
<OTHER-EXPENSES>                               (5,416)
<LOSS-PROVISION>                                15,127
<INTEREST-EXPENSE>                              65,135
<INCOME-PRETAX>                                122,817
<INCOME-TAX>                                    30,753
<INCOME-CONTINUING>                             92,064
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    92,064
<EPS-PRIMARY>                                     1.29
<EPS-DILUTED>                                     1.27
        

</TABLE>
Exhibit 10.2(ii)


 


Text of amendment
to 2005 Stock Incentive Plan


 


On November 11,
2005, the Company’s board of directors approved the following amendment to the
Company’s 2005 Stock Incentive Plan:


 


Section 10(b) of
the Company’s 2005 Stock Incentive Plan is amended by adding the following
language at the beginning of such Section 10(b): “Except as may otherwise
be expressly provided in the applicable Contract,”
CERTIFICATION 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 Annual Report of Micropac Industries, Inc. (the “Company”) on Form 10-K for the period ending November 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Patrick Cefalu, Chief Financial Officer 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: February 16, 2010 |   |   | /s/ Patrick Cefalu      |   |   |
|-------------------------|--------|--------|-------------------------|--------|--------|
|                         |   |   | Patrick Cefalu          |   |   |
|                         |   |   | Chief Financial Officer |   |   |
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 13

- 40660 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
ROLANDO EUCEDA LOPEZ, also known as Orlando Lopez

- Garcia, also known as Edgardo D. Castillo, also known as Molojo Palmarez , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:13

- CR

- 52

- 1

Before PRADO, ELROD, and HAYNES, Circuit Judges. PER CURIAM: *
The Federal Public Defender appointed to represent Rolando Euceda Lopez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Euceda Lopez h a s not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We

* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED April 16, 2014 Lyle W. Cayce Clerk Case: 13-40660 Document: 00512598134 Page: 1 Date Filed: 04/16/2014No. 13

- 40660

concur with counsel’s assessment th at the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the
APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2.

2 Case: 13-40660 Document: 00512598134 Page: 2 Date Filed: 04/16/2014
#### Commonwealth *v.*Jno. W. Finnell.

Taxation — False and Fraudulent List.

Under § 20, art. 6, ch. 803, R. S., incorrect lists of taxable property are not “false and fraudulent,” unless the person making them knew they were incorrect, and intentionally made them so.

*197Criminal Law — Burden of Proof.

The burden is on the Commonwealth to establish the guilt of the party accused of the -crime.

APPEAL FROM MERCER CIRCUIT COURT.

October 14, 1873.

/. *B. Thompson, for appellant.*

*Kyle & Poston, for appellee.*

Opinion by

Judge Lindsay:

The summons in this case takes the place of an indictment or warrant. It should have been sufficiently specific to give notice to appellee of the particular falsehood or fraud in his list of property fo-r which he was being prosecuted, whether it consisted in false statements as to real or personal property, or as to his taxable estate under the qualification act.

But waiving this defect in the summons, it is sufficient to say that the question of his guilt was submitted to a jury, and he was acquitted upon, the proof.

The court did not err in instructing the jury, that before they could convict they must believe from the evidence to the exclusion of reasonable doubt, that the return made, was wilfully false. Persons are not to be subjected to the penalty prescribed by Section 20, Article 6, Chapter 803, R. Statutes, for mere mistakes. Incorrect lists of taxable property cannot be “false and fraudulent” unless the persons making them are aware that they are incorrect, and intentionally make them so.

In a proceeding to have an assessment corrected the rule would be different, but in a penal prosecution like this, the defendant is not to be required to- establish his innocence.

Judgment affirmed.
II 

108TH CONGRESS 

2D SESSION H. R. 4617

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2004

Received 

AN ACT

To authorize the Secretary of Agriculture to carry out certain 

land exchanges involving small parcels of National Forest 

System land in the Tahoe National Forest in the State 

of California, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

HR 4617 RDS 

1 SECTION 1. LAND EXCHANGES, TAHOE NATIONAL FOREST, 

2 CALIFORNIA. 

3 (a) CHRISTENSEN EXCHANGE AUTHORIZED.—Not4 withstanding section 3 of Public Law 97–465 (16 U.S.C. 

5 521e; commonly known as the Small Tracts Act), the Sec6 retary of Agriculture may use the authority of such Act 

7 to convey to Irving N. Christensen all right, title, and in8 terest of the United States in and to a parcel of National 

9 Forest System land lying north of California State Highway 49 within the N1⁄2N1 10 ⁄2 of section 17 of township 19 

11 north, range 9 east, Mount Diablo meridian, in exchange 

12 for lands owned by Irving N. Christensen, as of the date 

13 of the enactment of this Act, in that portion of the 

SW1⁄4NW1 14 ⁄4 of section 16 of township 19 north, range 9 

15 east, Mount Diablo meridian, lying southwest of California 

State Highway 49 and that portion of S1⁄2NE1 16 ⁄4 of section 

17 17 of township 19 north, range 9 east, Mount Diablo me18 ridian, lying southwest of California State Highway 49 

19 and northeast of the North Fork Yuba River. 

20 (b) MCCREARY EXCHANGE AUTHORIZED.—For pur21 poses of Public Law 97–465 (16 U.S.C. 521c et seq.; com22 monly known as the Small Tracts Act), the land exchange 

23 authorized by this subsection is deemed to involve a min24 eral survey fraction. Using the authority of such Act, the 

25 Secretary of Agriculture may convey to Dennis W. 

26 McCreary and Cindy M. McCreary all right, title, and in-
3

HR 4617 RDS 

1 terest of the United States in and to a parcel of National 

2 Forest System land in Lot 121 of section 35 of township 

3 20 north, range 10 east, Mount Diablo meridian, in ex4 change for lands owned by Dennis W. McCreary and 

5 Cindy M. McCreary, as of the date of the enactment of 

6 this Act, in Lot 19 of such section 35. 

7 (c) WITHDRAWAL.—Subject to valid existing rights, 

8 all lands to be exchanged under this section are withdrawn 

9 from location, entry, and patent under the mining laws 

10 of the United States.

Passed the House of Representatives September 28, 

2004. 

Attest: JEFF TRANDAHL, 

Clerk.
<PAGE>

                                                                    Exhibit 31.1

                                 CERTIFICATIONS

Certification of Chief Executive Officer

I, Hoolae Paoa, certify that:

1. I have reviewed this annual report on Form 10-K of Mid-State Raceway, Inc.
and Subsidiary;

2. Based on my knowledge, this annual report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this annual
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this annual report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this annual report;

4. The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

a) designed such disclosure controls and procedures to ensure that material
information relating to the registrant, including its consolidated subsidiaries,
is made known to us by others within those entities, particularly during the
period in which this annual report is being prepared;

b) evaluated the effectiveness of the registrant's disclosure controls and
procedures as of a date within 90 days prior to the filing date of this annual
report (the "Evaluation Date"); and

c) presented in this annual report our conclusions about the effectiveness of
the disclosure controls and procedures based on our evaluation as of the
Evaluation Date;

5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation, to the registrant's auditors and the audit committee of
registrant's board of directors (or persons performing the equivalent
functions):

a) all significant deficiencies in the design or operation of internal controls
which could adversely affect the registrant's ability to record, process,
summarize and report financial data and have identified for the registrant's
auditors any material weaknesses in internal controls; and

b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal controls; and

6. The registrant's other certifying officers and I have indicated in this
annual report whether there were significant changes in internal controls or in
other factors that could significantly affect internal controls subsequent to
the date of our most recent evaluation, including any corrective actions with
regard to significant deficiencies and material weaknesses.

Date: January 10, 2004

/s/ Hoolae Paoa
Hoolae Paoa
President and Chief Executive Officer

                                                                              48
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4720 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 4720

To amend the Family and Medical Leave Act of 1993 to eliminate an hours 
          of service requirement for benefits under that Act.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 2004

Ms. Baldwin (for herself, Mr. Kucinich, Mr. Kildee, Ms. Solis, and Mr. 
    Rush) introduced the following bill; which was referred to the 
   Committee on Education and the Workforce, and in addition to the 
Committees on Government Reform and House Administration, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
To amend the Family and Medical Leave Act of 1993 to eliminate an hours 
          of service requirement for benefits under that Act.

    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 ``Family Fairness Act of 2004''.

SEC. 2. ELIMINATION OF HOURS OF SERVICE REQUIREMENT.

    Section 101(2)(A) of the Family and Medical Leave Act of 1993 (29 
U.S.C. 2611(2)(A)) is amended to read as follows:
                    ``(A) In general.--The term `eligible employee' 
                means an employee who has been employed, either as a 
                full-time or part-time employee, for at least 12 months 
                by the employer with respect to whom leave is requested 
                under section 102.''.
                                 <all>
```
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4315 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 4315

 To prohibit the Secretary of the Army from releasing water from Fort 
Peck Dam if the water level of Fort Peck Lake is 20 feet or more below 
           the reservoir's full pool, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 6, 2004

 Mr. Rehberg introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
 To prohibit the Secretary of the Army from releasing water from Fort 
Peck Dam if the water level of Fort Peck Lake is 20 feet or more below 
           the reservoir's full pool, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fort Peck Lake Protection Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) 2004 is the 6th consecutive year of severe drought in 
        the State of Montana.
            (2) The biological and ecological resources at Fort Peck 
        Lake, Montana, are compromised by drought and a lack of water.
            (3) The Secretary of the Army should manage the Missouri 
        River Basin in a way that imparts equal emphasis on each of its 
        uses, including flood control, navigation, recreation, and 
        conservation of fish and wildlife (including threatened and 
        endangered species).

SEC. 3. FORT PECK LAKE, MONTANA.

    The project for flood control and other purposes, Fort Peck Lake, 
Montana, authorized by section 9 of the Act entitled ``An Act 
authorizing the construction of certain public works on rivers and 
harbors for flood control, and for other purposes'', approved December 
22, 1944 (58 Stat. 891), is modified to prohibit the Secretary of the 
Army from releasing water from Fort Peck Dam if the water level of Fort 
Peck Lake is 20 feet or more below the reservoir's full pool. If the 
Secretary does release water from Fort Peck Dam, the outflow from the 
release may not exceed the volume of water flowing into the lake, as 
measured in average daily cubic feet per second.
                                 <all>
```
*Order Entered July 13, 2004:*

#### Ensink v Mecosta County General Hospital,

Docket No. 247220.

The judges of this Court having been polled pursuant to MCR 7.215(J), and the result being evenly divided, it is ordered that a special panel shall not be convened.