alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 51065 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.

PAUL HICKS

,

Defendant

- Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 7:15

- CR

- 20

- 5

Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges.

PER CURIAM: *

The attorney appointed to represent Paul Hicks 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).

Hicks h a s not filed a response. We have reviewed counsel’s brief a nd the
relevant portions of the record reflected therein. We concur with counsel’s
assessment that the appeal presents no nonfrivolous issue for appellate review.

* 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 R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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
October 18 , 2016

Lyle W. Cayce Clerk Case: 15-51065 Document: 00513721830 Page: 1 Date Filed: 10/18/2016No. 15

- 51065

2 Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is

excused from fur ther responsibilities herein, and the APPEAL IS DISMISSED.

See 5 TH C IR

. R. 42.2. Case: 15-51065 Document: 00513721830 Page: 2 Date Filed: 10/18/2016
EX-10.1


		
			FIRST AMENDMENT TO EXCLUSIVE TECHNOLOGY LICENSE AGREEMENT
		

		
			 
		

		
			THIS FIRST AMENDMENT (“First Amendment”) effective as of August 12, 2015, hereby amends the EXCLUSIVE TECHNOLOGY LICENSE AGREEMENT (the “Agreement”) dated the 14th day of August 2014, by and between Qualipride International, a Chinese company, Zibo Inchscape, a Chinese company, Mr. Dong Yuejin, and Mr. Guo Yuxiao (collectively and hereinafter referred to as “Licensor”), and Stevia First, Corp.,  (“Licensee”)  a  Nevada corporation with principal executive offices located at 5225 Carlson Road, Yuba City, CA 95993.
		

		
			 
		

		
			WHEREAS, Licensor and Licensee entered into the Agreement; and
		

		
			 
		

		
			WHEREAS, Licensor and Licensee wish to amend the terms of the Agreement.
		

		
			 
		

		
			NOW THEREFORE, for the mutual promises and other consideration described herein, the parties hereto agree as follows:
		

		
			 
		

		
			1.Section 10 of the Agreement is hereby replaced in its entirety by the following:
		

		
			If Licensee fails to obtain financing of greater than $2.55 million by August 14, 2016, then the license granted by Licensor to Licensee pursuant to Article 2 shall revert to Licensor.
		

		
			 
		

		
			2.All capitalized terms not defined herein have the same meaning as in the Agreement.
		

		
			 
		

		
			3.Any and all provisions of the Agreement not expressly modified herby shall remain in full force and effect. 
		

		
			 
		

		
			IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed by its duly authorized officer as of the date first written above.
		

		
			 
		

			
					
						 

					
						 

					
						 

					
						/s/ Robert Brooke

					
						Robert Brooke 

					
						CEO

					
						 

					
					
						 

					
					
						 

					
						 

					
						 

					
						/s/ Reg Dong

					
						 

					
						 

					
						 

				
	
					
						Stevia First Corp.

					
						 

					
						 

					
						 

					
						By:  /s/ Robert Brooke

					
						Name: Robert Brooke 

					
						Title: CEO

					
					
						 

					
					
						Qualipride International

					
						 

					
						 

					
						 

					
						By:  /s/ Reg Dong

					
						Name: Reg Dong

					
						Title: President
EXHIBIT 31.1

CERTIFICATIONS

I, Jeffrey H. Margolis, certify that:

1. I have reviewed this Annual Report on Form 10-K for the year ended December 31, 2005 of The TriZetto Group, Inc.;

2. Based on my knowledge, this 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 report.



|                     |  |  |  |                               
|-------------------- |  |  |  | ------------------------------
|Date: March 28, 2006 |  |  |  | /s/    JEFFREY H. MARGOLIS    
|                     |  |  |  | Name: Jeffrey H. Margolis     
|                     |  |  |  | Title: Chief Executive Officer
#### Danny C. SIMONS, and Sally J. Simons, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

No. 2007-5078.

United States Court of Appeals, Federal Circuit.

Dec. 11, 2007.

ORDER

The appellant having failed to file an appendix required by Federal Circuit Rule 30(a) within the time permitted by the rules, it is

ORDERED that the notice of appeal be, and the same hereby is, DISMISSED, for *267failure to prosecute in accordance with the rules.
EXHIBIT 11

TELLABS, INC.

COMPUTATION OF PER SHARE EARNINGS

In millions, except per share amounts



|                                                                     |  |               |       |         |   |      
|-------------------------------------------------------------------- |  | ------------- | ----- | ------- | - | -----
|                                                                     |  | First Quarter
|                                                                     |  | 3/30/07       |       | 3/31/06
|Numerator:                                                           |  |               |       |         |   |      
|Net earnings                                                         |  | $             | 25.5  |         | $ | 52.4 
|                                                                     |  |               |       |         |   |      
|Denominator:                                                         |  |               |       |         |   |      
|Denominator for basic earnings per share -                           |  |               |       |         |   |      
|Weighted average shares outstanding                                  |  |               | 438.2 |         |   | 449.6
|Effect of dilutive securities:                                       |  |               |       |         |   |      
|Employee stock options and awards                                    |  |               | 5.0   |         |   | 10.4 
|                                                                     |  |               |       |         |   |      
|Denominator for diluted earnings per share -                         |  |               |       |         |   |      
|Adjusted weighted average shares outstanding and assumed conversions |  |               | 443.2 |         |   | 460.0
|                                                                     |  |               |       |         |   |      
|Net earnings per share  basic                                       |  | $             | 0.06  |         | $ | 0.12 
|                                                                     |  |               |       |         |   |      
|Net earnings per share  diluted                                     |  | $             | 0.06  |         | $ | 0.11 
|                                                                     |  |               |       |         |   |      



22
GREGORY OMAR JOHNSON

,

Appellant,

v.

STATE OF FLORIDA

,

Appellee

. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED

CASE NO. 1D 15

- 3172

_____ ________________________/

Opinion filed December 2, 2016.

An appeal from the Circuit Court for Santa Rosa County

. John L. Miller , Judge

.

Nancy A. Daniels, Public Defender, Megan Long , Assistant Public Defender,
Tallahassee , for Appellant.

Pamela Jo Bon di, Attorney General, Samuel B. Steinberg , Assistant Attorney General, Tallahassee , for Appellee.

PER CURIAM.

AFFIRMED.

B.L. THOMAS

, ROWE

, and WINSOR

, J J

. , CONCUR.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
UNAUDITED CONSOLIDATED CONDENSED FINANCIAL STATEMENTS FOR THE THREE MONTHS ENDED
JUNE 30, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-2000
<PERIOD-START>                             APR-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                             882
<SECURITIES>                                         0
<RECEIVABLES>                                      582
<ALLOWANCES>                                       120
<INVENTORY>                                         27
<CURRENT-ASSETS>                                 1,420
<PP&E>                                             292
<DEPRECIATION>                                     175
<TOTAL-ASSETS>                                   1,992
<CURRENT-LIABILITIES>                            1,298
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        144
<COMMON>                                         1,507
<OTHER-SE>                                     (2,000)
<TOTAL-LIABILITY-AND-EQUITY>                     (429)
<SALES>                                              0
<TOTAL-REVENUES>                                 1,482
<CGS>                                            1,120
<TOTAL-COSTS>                                    1,434
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  22
<INCOME-PRETAX>                                (1,039)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (1,039)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,039)
<EPS-BASIC>                                    (0.194)
<EPS-DILUTED>                                  (0.194)


</TABLE>
No. 312A19 TENTH JUDICIAL DISTRICT

SUPREME COURT OF NORTH CAROLINA

* * * * * * * * * * * * * * * *

NHUNG HA and NHIEM 

TRAN

v.

NATIONWIDE GENERAL 

INSURANCE COMPANY

)

)

)

)

)

)

)

)

)

From Wake County

* * * * * * * * * * * * * * * *

ORDER

The Court of Appeals’ judgment in this case is vacated and the matter is 

remanded. On remand to the Court of Appeals, that court is to determine whether 

Article 41, Article 36 or other statutes govern in this matter. The Court of Appeals 

may remand this matter to the trial court for further proceedings if necessary. 

By order of the Court in Conference, this the 14th day of August, 2020.

s/Davis, J.

For the Court

WITNESS my hand and the seal of the Supreme Court of North Carolina, this 

the 14th day of August, 2020.

AMY L. FUNDERBURK

Clerk of the Supreme Court of North Carolina

s/Amy L. Funderburk

Assistant Clerk
[963 NYS2d 896]

#### The People of the State of New York, Respondent, v Michael Miran, Ph.D. Psychologist, P.C., Appellant.

(Appeal No. 3.)

Fourth Department,

April 26, 2013

*44APPEARANCES OF COUNSEL

*The Parrinello Law*Firm, LLP, Rochester *(Bruce F. Freeman*of counsel), and *Cerulli, Massare & Lembke,*for appellant.

*Eric T. Schneiderman, Attorney General,*Albany *(Jodi A. Danzig*of counsel), for respondent.

OPINION OF THE COURT

Fahey, J.

Same opinion as in *People v Miran*(107 AD3d 28 [2013] [appeal No. 1]).

Scudder, P.J., Sconiers and Martoche, JJ., concur.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.
**EXHIBIT 31.2**
**CERTIFICATION**
I, Anthony J. Fidaleo, certify that:
1.  I have reviewed this annual report on Form 10-KSB of AdStar, Inc.; 2.  Based on my knowledge, this report does not contain any untrue statement of material fact oromit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3.  Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4.  The registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:
 a)  Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant is made known to us by others within thoseentities, particularly during the period in which this report is being prepared;  b)  Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and  c)  Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter(the registrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and
5.  The registrant’s other certifying officer(s) and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions):
 a)  All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonably likelyto adversely affect the registrant’s ability to record, process, summarize andreport financial information; and  b)  Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.
Date: March 31, 2005              /s/ Anthony J. Fidaleo   Anthony J. Fidaleo   Chief Financial Officer
EXHIBIT 32.1

                            CERTIFICATION PURSUANT TO
                              18 USC, SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     In  connection  with  the  quarterly  report  of 3Si  Holdings,  Inc.  (the
"Company")  on Form 10-QSB for the three month period ended  September 30, 2005,
as filed  with the  Securities  and  Exchange  Commission  on date  hereof  (the
"Report"), I, the undersigned,  in the capacity and on the date indicated below,
certify, pursuant to 18 U.S.C./ Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

     1.   The Report fully complies with the requirements of Rule 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.



Dated: September 15, 2006          /s/  Frederick J.  Slack
                                   ---------------------------------------------
                                   Frederick J.  Slack, Chief Executive Officer,
                                   Chief Financial Officer
Michigan Supreme Court Lansing, Michigan

Robert P. Young, Jr.,
Chief Justice

Michael F. Cavanag h Marilyn Kell y Stephen J. Markma n Diane M. Hathawa y Mary Beth Kell y Brian K. Zahra,

J ustices

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.

_______________________________________ __ Clerk December 28, 2011

p1219 

# Order

December 28, 2011

143650

AUTO-OWNERS INSURANCE COMPANY, Plaintiff/Counter-Defendant,

v SC: 143650 COA: 297534 Oakland CC: 09-101116-CK BRIAN LEPP, Defendant/Cross-Defendant,

and

ESTATE OF KATHLEEN O’NEILL, Intervening Defendant/Counter- Plaintiff/Third-Party Plaintiff- Appellant,

v

VALENTI TROBEC CH ANDLER INC, AND JAIME FAZIO, Third-Party Defendants-Appellees.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the July 19, 2011 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.
[904 NE2d 495, 876 NYS2d 341]

#### In the Matter of the Ancillary Receivership of Reliance Insurance Company. The Yale Club of New York City, Inc., Respondent, v Reliance Insurance Company, by the Superintendent of Insurance, as Ancillary Receiver, Appellant.

Decided February 11, 2009

*726APPEARANCES OF COUNSEL

*Herzfeld & Rubin, P.C.,*New York City *(David B. Hamm*of counsel), for appellant.

*Cone & Kilbourn,*Mount Kisco *(Joseph A. Kilbourn*of counsel), for respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs. Based on the arguments presented, the Appellate Division did not err in concluding that the insurance company could not rely on the August 1993 letter as the basis to avoid coverage under the claims-made policy.

Concur: Acting Chief Judge Ciparick and Judges Graffeo, Read, Smith, Pigott and Jones.
<PAGE>


                                                                      Exhibit 32

        Certification Pursuant to Section 1350 of Chapter 63 of Title 18
                            of the United States Code

I, Robert E. Busch, Chief Executive Officer and Chief Financial Officer of PSE&G
Transition Funding LLC, to the best of my knowledge, certify that (i) the Annual
Report of PSE&G Transition Funding LLC on Form 10-K for the year ended December
31, 2004 (the "Periodic Report") fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934 and (ii) the information
contained in the Periodic Report fairly presents, in all material respects, the
financial condition and results of operations of PSE&G Transition Funding LLC.




                             /s/ Robert E. Busch
                             ---------------------------------------------------
                             Robert E. Busch
                             Chief Executive Officer and Chief Financial Officer
                             March 21, 2005
CERTIFICATION PURSUANT TO
                               18 U.S.C. ss.1350
                            AS ADOPTED PURSUANT TO
                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In  connection  with  the  Annual  Report  of  Wellstone  Filters, Inc.  (the
"Company") on Form  10-KSB  for the year ending  December 31, 2006  as  filed
with  the  Securities  and  Exchange  Commission  on  the  date  hereof  (the
"Report"), I, Learned Jeremiah Hand, Chief  Executive 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, and that to  the best of  the
undersigned's knowledge and belief:

(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 result of  operations  of  the
Company.

                         /s/ Learned Jeremiah Hand
                         ----------------------------------------------
                         Learned Jeremiah Hand, Chief Executive Officer

Dated: May 15, 2007
<TABLE> <S> <C>

<ARTICLE>                           5

<S>                                 <C>
<PERIOD-TYPE>                       6-mos
<FISCAL-YEAR-END>                   Dec-31-1999
<PERIOD-END>                        Jun-30-1999
<CASH>                              7,416,719
<SECURITIES>                        000
<RECEIVABLES>                       8,716
<ALLOWANCES>                        000
<INVENTORY>                         000
<CURRENT-ASSETS>                    7,435,119
<PP&E>                              000
<DEPRECIATION>                      000
<TOTAL-ASSETS>                      7,435,119
<CURRENT-LIABILITIES>               221,888
<BONDS>                             000
<PREFERRED-MANDATORY>               000
<PREFERRED>                         000
<COMMON>                            000
<OTHER-SE>                          5,938,926
<TOTAL-LIABILITY-AND-EQUITY>        7,435,119
<SALES>                             869,129
<TOTAL-REVENUES>                    917,243
<CGS>                               000
<TOTAL-COSTS>                       459,071
<OTHER-EXPENSES>                    214,370
<LOSS-PROVISION>                    000
<INTEREST-EXPENSE>                  279,911
<INCOME-PRETAX>                     (189,469)
<INCOME-TAX>                        000
<INCOME-CONTINUING>                 (189,469)
<DISCONTINUED>                      000
<EXTRAORDINARY>                     3,728,078
<CHANGES>                           000
<NET-INCOME>                        3,538,609
<EPS-BASIC>                       68.38
<EPS-DILUTED>                       68.38


</TABLE>
Exhibit 13.2

SECTION 906 CERTIFICATION

In connection with the Annual Report on Form 20-F for the fiscal year ended December 31, 2003 of ABB Ltd (the "Company") as filed
with the U.S. Securities and Exchange Commission (the "Commission") on the date hereof (the "Report") and pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, I, Michel Demaré, Chief Financial Officer of the Company, certify, that:



|By: |  | /s/MICHEL DEMARÉName: Michel Demaré
Title: Chief Financial Officer |  |  |  | 
|--- |  | ------------------------------------------------------------------ |  |  |  | 

Date:
May 27, 2005

The
foregoing certification is being furnished solely pursuant to 18 U.S.C. § 1350 and is not deemed filed for purposes of Section 18 of the Securities Exchange Act of 1934 or
otherwise subject to the liability of that section. The foregoing certification will not be deemed to be incorporated by reference into any filing under the Securities Act of 1933 or the Securities
Exchange Act of 1934.

A
signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to ABB Ltd and will be retained by ABB Ltd and furnished to
the Securities and Exchange Commission or its staff upon request.

---



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