alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>


                          INDEPENDENT AUDITORS' CONSENT



The Board of Directors and Stockholders
Midwest Bancshares, Inc.:

We consent to incorporation by reference in the Registration Statement on Form
S-8 of Midwest Bancshares, Inc. of our report dated January 10, 1997, relating
to the consolidated balance sheets of Midwest Bancshares, Inc. and subsidiaries
as of December 31, 1996 and 1995, and the related consolidated statements of
operations; stockholders' equity; and cash flows for each of the years in the
three-year period ended December 31, 1996, which report appears in the December
31, 1996, annual report on Form 10-KSB of Midwest Bancshares, Inc. and
subsidiaries.

                                                     /s/  KPMG Peat Marwick, LLP

                                                          KPMG Peat Marwick, LLP


Des Moines, Iowa
March 25, 1997
* 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this opinion should not be published and is not precedent except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. 02-30744

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MICHAEL ANTHONY JONES,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Eastern District of Louisiana

(02-CR-39-ALL-A)

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

March 19, 2003

Before HIGGINBOTHAM, DAVIS, and WIENER, Circuit Judges.

PER CURIAM:*

Defendant-Appellant Michael Anthony Jones entered a

conditional guilty plea to possession of a firearm by a convicted

felon under 18 U.S.C. §§ 922(g)(1) and 924(a)(2). Jones appeals

the district court’s denial of his motion to suppress the firearm

found during a warrantless search of the vehicle he was driving.

Jones concedes that the New Orleans police officer’s initial entry

into the vehicle was lawful, but contends that the district court

erred in crediting the testimony of the officer that he discovered

the firearm accidentally after he entered the vehicle.
2

“In reviewing a district court’s ruling on a motion to

suppress, we review questions of law de novo, and accept the

district court’s factual findings unless they are clearly

erroneous.” United States v. Castro, 166 F.3d 728, 731 (5th Cir.

1999)(en banc). “[V]iew[ing] the relevant evidence in a light most

favorable to the party that prevailed; in this case, the

[G]overnment,” the district court did not clearly err in relying on

the officer’s testimony and finding that the officer discovered the

firearm accidentally. Id. The government witnesses “told a

coherent and facially plausible story that [wa]s not contradicted

by extrinsic evidence,” and the district court’s finding was “not

internally inconsistent.” Id. at 733; see also United States v.

Gillyard, 261 F.3d 506, 509 (5th Cir. 2001) (upholding district

court’s denial of motion to suppress evidence from warrantless

vehicle search based upon credibility assessment of testimony),

cert. denied, 534 U.S. 1094 (2002). Therefore, the district court

did not err when it denied the motion to suppress the admission of

the firearm into evidence. See id.; see also Gillyard, 261 F.3d at

509.

Accordingly, the judgment of the district court is hereby

AFFIRMED.
#### Sparks, receiver, *v.*Atlanta *&*Florida Railroad Co.

These cases are controlled by the decision in *Central Trust Co. of New York et al.*v. *Thurman et al.,*this day announced.

October *4,*1894.

Argued at the last term. Jenkins, Judge, presiding in lieu of Lumpkin, Justice, disqualified.

Interventions. Before John L. Hopkins, judge *pro hac vice.*Fulton superior court. September term, 1893.

Gustin, Guerry & Hall, for plaintiff in error.

H. B. Tompkins, Payne & Tye *et al., contra.*

*Judgment affirmed.*
EXHIBIT 31.2

CERTIFICATION

I, Michael Pietrini, certify that:



|1. | I have reviewed this annual report on Form 10-K/A of Epicor Software Corporation;
|-- | ---------------------------------------------------------------------------------



|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: |  | April 28, 2011 |  |  |  |  |  | /s/ Michael Pietrini                                                                                      
|      |  |                |  |  |  |  |  | Michael Pietrini                                                                                          
|      |  |                |  |  |  |  |  | Chief Financial Officer, Executive Vice President Finance and Administration (Principal Financial Officer)
[Federal Register Volume 74, Number 96 (Wednesday, May 20, 2009)]
[Notices]
[Page 23768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11769]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice 6621]


Culturally Significant Objects Imported for Exhibition 
Determinations: ``The Golden Age of Dutch Seascapes''

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 
of October 19, 1999, as amended, and Delegation of Authority No. 257 of 
April 15, 2003 [68 FR 19875], I hereby determine that the objects in 
the exhibition: ``The Golden Age of Dutch Seascapes,'' imported from 
abroad for temporary exhibition within the United States, are of 
cultural significance. The objects are imported pursuant to a loan 
agreement with the foreign owner or custodian. I also determine that 
the exhibition or display of the exhibit objects at the Peabody Essex 
Museum, Salem, MA, from on or about June 13, 2009, until on or about 
September 7, 2009, and at possible additional exhibitions or venues yet 
to be determined, is in the national interest. Public Notice of these 
Determinations is ordered to 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) 
453-8050). The address is U.S. Department of State, SA-44, 301 4th 
Street, SW., Room 700, Washington, DC 20547-0001.

    Dated: May 14, 2009.
C. Miller Crouch,
Acting Assistant Secretary for Educational and Cultural Affairs, 
Department of State.
[FR Doc. E9-11769 Filed 5-19-09; 8:45 am]
BILLING CODE 4710-05-P
Exhibit 31.1
**CERTIFICATION**
I, Thomas P. Richards, certify that:
1. I have reviewed this quarterly report of Form 10-Q of Grey Wolf, Inc; 2. Based on my knowledge, this report does not contain any untrue statementof a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by thisreport; 3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flows ofthe registrant as of, and for, the periods presented in this report; 4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrantand have:
 (a) designed such disclosure controls and procedures, or causedsuch disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known tous by others within those entities, particularly during the period inwhich this report is being prepared;  (b) [paragraph omitted pursuant to SEC Release Nos. 33-8238 and34-47986];  (c) evaluated the effectiveness of the registrant’s disclosurecontrols and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures, asof the end of the period covered by this report based on suchevaluation; and  (d) disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred during theregistrant’s quarter ended March 31, 2004 that has materiallyaffected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and
5. The registrant’s other certifying officer and I have disclosed, based onour most recent evaluation of internal control over financial reporting,to the registrant’s auditors and the audit committee of the registrant’sboard of directors (or persons performing the equivalent functions):
 (a) all significant deficiencies and material weaknesses in thedesign or operation of internal control over financial reportingwhich are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financialinformation; and  (b) any fraud, whether or not material, that involves management orother employees who have a significant role in the registrant’sinternal control over financial reporting.        Date: August 9, 2004 By:  /s/ Thomas P. Richards    Thomas P. Richards    Chairman, President and Chief Executive Officer
[Federal Register Volume 74, Number 97 (Thursday, May 21, 2009)]
[Notices]
[Page 23900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11886]


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

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration <greek-i>11744 and <greek-i>11745]


Texas Disaster <greek-i>TX-00336

AGENCY: U.S. Small Business Administration.

ACTION: Notice.

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

SUMMARY: This is a notice of an Administrative declaration of a 
disaster for the State of Texas dated 05/14/2009.
    Incident: Wildland Fires.
    Incident Period: 04/07/2009 Through 04/12/2009.
    Effective Date: 05/14/2009.
    Physical Loan Application Deadline Date: 07/13/2009.
    Economic Injury (EIDL) Loan Application Deadline Date: 02/15/2010.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street, SW., 
Suite 6050, Washington, DC 20416.

SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of 
the Administrator's disaster declaration, applications for disaster 
loans may be filed at the address listed above or other locally 
announced locations.
    The following areas have been determined to be adversely affected 
by the disaster:

Primary Counties: Montague.
Contiguous Counties:
    Texas: Clay, Cooke, Jack, Wise.
Oklahoma: Jefferson, Love.

    The Interest Rates are:

------------------------------------------------------------------------
                                                                Percent
------------------------------------------------------------------------
Homeowners With Credit Available Elsewhere...................      4.375
Homeowners Without Credit Available Elsewhere................      2.187
Businesses With Credit Available Elsewhere...................      6.000
 Businesses & Small Agricultural Cooperatives Without Credit       4.000
                     Available Elsewhere
    Other (Including Non-Profit Organizations) With Credit         4.500
                     Available Elsewhere
Businesses and Non-Profit Organizations Without Credit             4.000
 Available Elsewhere.........................................
------------------------------------------------------------------------

    The number assigned to this disaster for physical damage is 11744 5 
and for economic injury is 11745 0.
    The States which received an EIDL Declaration <greek-i> are Texas, 
Oklahoma.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

    Dated: May 14, 2009.
Karen G. Mills,
Administrator.
[FR Doc. E9-11886 Filed 5-20-09; 8:45 am]
BILLING CODE 8025-01-P
<TABLE> <S> <C>


<CAPTION>
<S>                                                  <C>
<ARTICLE>                                            5
<MULTIPLIER>                                         1000
<PERIOD-TYPE>                                        9-MOS
<FISCAL-YEAR-END>                                    Dec-31-1999
<PERIOD-END>                                         Sep-30-1999
<CASH>                                                    57,700
<SECURITIES>                                               7,000
<RECEIVABLES>                                            363,700
<ALLOWANCES>                                               6,400
<INVENTORY>                                              510,200
<CURRENT-ASSETS>                                       1,047,300
<PP&E>                                                 6,161,500
<DEPRECIATION>                                         2,413,100
<TOTAL-ASSETS>                                         6,020,300
<CURRENT-LIABILITIES>                                    453,400
<BONDS>                                                2,535,400
<COMMON>                                                 125,200
<PREFERRED-MANDATORY>                                          0
<PREFERRED>                                                    0
<OTHER-SE>                                             1,862,500
<TOTAL-LIABILITY-AND-EQUITY>                           6,020,300
<SALES>                                                2,160,300
<TOTAL-REVENUES>                                       2,160,300
<CGS>                                                  1,655,100
<TOTAL-COSTS>                                          1,785,100
<OTHER-EXPENSES>                                          24,500
<LOSS-PROVISION>                                               0
<INTEREST-EXPENSE>                                       136,900
<INCOME-PRETAX>                                          213,800
<INCOME-TAX>                                              80,200
<INCOME-CONTINUING>                                      133,600
<DISCONTINUED>                                                 0
<EXTRAORDINARY>                                                0
<CHANGES>                                                 (7,500)
<NET-INCOME>                                             126,100
<EPS-BASIC>                                                 1.10
<EPS-DILUTED>                                               1.10

<FN>
<F1>
Earnings  per  share  has  been  calculated  in  accordance  with  Statement  of
Financial   Accounting  Standard  No.  128,  "Earnings  Per  Share,"   and   is,
therefore, stated on a basic and diluted basis.
</FN>



</TABLE>
Amendment to Restated and Amended License Agreement



 [*] = Certain information on this page has been omitted and filed separately with the Securities and Exchange
Commission. Confidential treatment has been requested with respect to the omitted portions. 
 EXHIBIT 10.1 
 AMENDMENT TO RESTATED AND AMENDED LICENSE
AGREEMENT 
 This AMENDMENT TO RESTATED AND
AMENDED LICENSE AGREEMENT (“Amendment”) is made and entered into effective as of October 8, 2007 (the “Amendment Date”) by and
between NEKTAR THERAPEUTICS, UK LIMITED, a limited company organized under the laws of England and Wales having a place of business at 150 Industrial Way, San Carlos, CA 94070, (“NEKTAR
UK”) and MAP PHARMACEUTICALS, INC., a Delaware corporation having a place of business at 2400 Bayshore Parkway, Suite 200, Mountain View, CA 94043 (“MAP”). NEKTAR UK and MAP are
sometimes referred to herein individually as a “Party” and collectively as the “Parties”. 
 WHEREAS, MAP and NEKTAR UK are parties to a certain Restated and Amended License Agreement, effective as of August 7, 2006, whereby certain rights and licenses are granted to MAP (the
“License Agreement”); 
 WHEREAS, Section 1.4 of the License Agreement
provides that Exhibit 1.4 of the License Agreement shall be updated once per calendar quarter or as reasonably requested by MAP to include all NEKTAR UK Patent Rights; and 
 WHEREAS, MAP has requested, and NEKTAR UK has agreed, that Exhibit 1.4 of the License Agreement be updated, subject
to the terms and conditions set forth below. 
 NOW, THEREFORE, in consideration of the
mutual covenants and obligations set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, MAP and NEKTAR UK hereby agree as follows: 
  

	1.	In General.  

 All terms defined in the
License Agreement shall have a meaning in this Amendment as in the License Agreement, unless otherwise expressly defined in this Amendment. 
  

	2.	Update of Exhibit 1.4.  

 Exhibit 1.4 of the
License Agreement is hereby updated to read in its entirety as set forth on Exhibit 1.4 attached hereto. 








	3.	Other Provisions. 

 All provisions of the License
Agreement not expressly modified by this Amendment shall remain in full force and effect. 
 IN WITNESS
THEREOF, the Parties have caused this Amendment to be duly executed by their respective duly authorized officers. 
  

									
	NEKTAR THERAPEUTICS, UK LIMITED	 		 	MAP PHARMACEUTICALS, INC.
					
	By:	 	/s/ Nevan Elam	 		 	By:	 	/s/ Timothy S. Nelson
	Title:	 	SVP	 		 	Title:	 	President and CEO

 [*] = Certain information on this page has been omitted and filed separately with the Securities and Exchange
Commission. Confidential treatment has been requested with respect to the omitted portions. 







 [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange
Commission. Confidential treatment has been requested with respect to the omitted portions. 
 EXHIBIT 1.4

 NEKTAR UK PATENT RIGHTS 
 [*]
Approved for Public Release, 19-659

Kelly Pickering

Senior Procurement Executive, Office of Contract Services

Ms. Kelly Pickering is the Senior Procurement Executive for the 

National Geospatial-Intelligence Agency (NGA). In this capacity, 

she is responsible for the management direction of NGA’s 

acquisition system, including implementation of unique acquisition 

policies, regulations, and standards. She also leads the Office of 

Contract Services (OCS) within the Capabilities Directorate. 

She most recently served as the Assistant Deputy Director of 

National Intelligence for Procurement and the Intelligence 

Community’s (IC) Senior Procurement Executive (SPE) at the 

Office of the Director of National Intelligence. In this role she 

oversaw efforts to improve contracting and procurement across the 

intelligence community, fostered interagency integration and 

cooperation as the Chair of the Intelligence Community 

Procurement Executives Council, and sponsored cross-community initiatives to encourage 

strategic sourcing and the health and effectiveness of the IC Contracting Officer workforce.

Ms. Pickering is on a Joint Duty Assignment (JDA) from the Central Intelligence Agency (CIA). 

At CIA, she served in multiple assignments including the Acting Procurement Executive, Chief 

of Staff for the Procurement Executive and Chief, Directorate of Support Acquisitions Group. 

In these roles, she was responsible for development and oversight of the CIA’s acquisition 

system and was responsible for contracts providing worldwide support in the areas of 

information technology and global communications, facilities, security, logistics and 

administration, finance, human resources, and medical services. She was also assigned to the 

National Reconnaissance Office, where she led the contracting team responsible for all IMINT 

satellite and ground development programs. 

Ms. Pickering began her career as a contracting intern for the United States Air Force in 1988 

assigned to the Space and Missile Systems Center (SMC). She supported multiple programs, 

eventually serving as Contracting Officer for the Titan IV launch vehicle system. 

Ms. Pickering graduated from the University of Colorado with majors in Economics and 

Molecular, Cellular, and Developmental Biology. She has an MBA from Chapman University 

and is a Certified Professional Contracts Manager.
#### In the Matter of Gabrielle S., a Child Alleged to be a Neglected. Broome County Department of Social Services, Respondent; Reberick T., Appellant, et al., Respondent.

[961 NYS2d 814]

Peters, P.J.

Appeal from an order of the Family Court of Broome County (Charnetsky, J.), entered October 8, 2010, which, in a proceeding pursuant to Family Ct Act article 10, issued orders of protection.

Petitioner commenced this neglect proceeding against the child’s mother and her live-in companion, respondent Reberick T. (hereinafter respondent), alleging, among other things, that they had engaged in numerous acts of domestic violence in the child’s presence. Thereafter, respondent appeared before Family Court with counsel and, in full satisfaction of the petition against him, consented to an order of protection barring him from having any contact with the child until she reaches the age of 18, as well as an extension of an order of protection then in effect in favor of one of petitioner’s caseworkers. Respondent appeals.

Inasmuch as the order was entered upon consent, it is not appealable *(see Matter of Trenton G. [Lianne H.],*100 AD3d 1124, 1125 [2012]; *Matter of Connor CC. [Jennifer DD.],*99 AD3d 1127, 1127 [2012]; *Matter of Mary UU. [Michael UU.—Marie*
      *1099
      *VV.],*70 AD3d 1227, 1228 [2010]). To the extent that respondent claims that his consent was not voluntary, such an argument must be raised in a motion to vacate the underlying order *(see*Family Ct Act § 1061; *Matter of Connor CC. [Jennifer DD.],*99 AD3d at 1127; *Matter of Mary UU. [Michael UU.—Marie VV.J,*70 AD3d at 1228). Accordingly, the appeal is dismissed.

Spain, Garry and Egan Jr., JJ, concur.

Ordered that the appeal is dismissed, without costs.