alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**EXHIBIT 3.1**

 

CERTIFICATE OF AMENDMENT OF

 

RESTATED CERTIFICATE OF INCORPORATION

 

OF

 

BENTLEY PHARMACEUTICALS, INC.

 

BentleyPharmaceuticals, Inc., a corporation organized and existing under and by virtueof the General Corporation Law of the State of Delaware (the “Corporation”),DOES HEREBY CERTIFY:

 

A.            That the Corporation filed itsoriginal Certificate of Incorporation with the Secretary of State of Delawareon May 1, 1998, restated such Certificate of Incorporation on October 29, 1999and amended such Restated Certificate of Incorporation on December 22, 1999 andJuly 3, 2003.

 

B.            That the Board of Directors of theCorporation duly adopted, pursuant to Section 242 of the General CorporationLaw of the State of Delaware (the “GCL”), resolutions setting forth anamendment to the Restated Certificate of Incorporation of said Corporation anddeclaring such amendment to be advisable and directing that such amendment bepresented to the stockholders of the Corporation for consideration andapproval.

 

C.            That at least a majority in interestof the stockholders of the Corporation voting together as a single class dulyapproved the amendment at the Corporation’s annual meeting of stockholders heldon June 11, 2004 in accordance with Section 242 of the GCL.

 

D.            The resolutions setting forth theamendment state that the Restated Certificate of Incorporation of theCorporation be amended to remove Article XIX in its entirety.

 

----

 

IN WITNESSWHEREOF, BENTLEY PHARMACEUTICALS, INC. has caused this Certificate to be signedby its authorized officer on this 23rd day of July, 2004.

 
|   | BENTLEY  PHARMACEUTICALS, INC. |
|--------|--------------------------------|
|   |                           |
|   |                           |
|   | By:                            |  /s/  James R. Murphy |
|   |                           | Name:  James R. Murphy |
|   |                           | Title:  President and Chief Executive  Officer |

 

----
NO. 03

- 13

- 00341

- CV

In the Third Court of Appeals

Austin, Texas

A LLSTATE I NSURANCE C OMPANY Appellant

,

v.

G LENN H EGAR
, C OMPTROLLER OF P UBLIC A CCOUNTS OF THE S TATE OF T EXAS
,

AND K EN P AXT ON
, A TTORNEY G ENERAL OF THE S TATE OF T EXAS Appellees

On Appeal from the 53 rd Judicial District Court of Travis County, Texas

Trial C ourt Cause No. D -1- GN

- 12

- 001299

The Honorable Lora Livingston , Judge Presiding

__________________________________________________________________

NOTICE OF AUTOMATIC SUBSTITUTION OF PUBLIC OFFICERS

_ _________________________________________________________________

TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to Texas Rule of Appellate Procedure 7.2(a), Appellees give notice

that Glenn Hegar succeeded Susan Combs as Comptroller of Public Accounts of the

State of Texas on January 2, 2015, and Ken Paxton succeeded Greg Abbott as

Attorney General of the State of Texas on January 5, 2015.

A ccordingly, the Appellees now should be designated as “ Glenn Hegar,

Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney

General of the State of Texas .”

Respectfully submitted,

KEN PAXTON

Attorney General of Texas

Allstate v. Hegar , CPA and Paxton , AG

Notice of Automatic Substitution of Public Officers Page 1 of 3 ACCEPTED

03-13-00341-CV

3772930

THIRD COURT OF APPEALS

AUSTIN, TEXAS

1/14/2015 4:31:54 PM

JEFFREY D. KYLE

CLERKCHARLES E. ROY

First Assistant Attorney General

JAMES E. DAVIS

Deputy Attorney General for Civil Litigation

ROBERT O’KEEFE

Division Chief

Financial Litigation, Tax, and Charitable Trusts

Division

/s/ Jack Hohengarten

JACK HOHENGARTEN

Assistant At torney General

State Bar No. 09812200

Financial Litigation, Tax, and Charitable Trusts

Division

P.O. Box 12548

Austin, Texas 78711

- 2548

Telephone: (512) 475

- 3503

Telecopier: (512) 477

- 2348

j ack. hohengarten@texasattorneygeneral.gov

Attorneys for A ppellees

Allstate v. Hegar , CPA and Paxton , AG

Notice of Automatic Substitution of Public Officers Page 2 of 3CERTIFICATE OF SERVICE

I hereby certify that on January 14, 2015 , a true and correct copy of the

foregoing Notice of Automatic Substitution of Public Officers was sent to the

Appellant’s attorney of record via e

- service and/or electronic mail as follow s :

Mark W. Eidman

Doug Sigel

R YAN L AW F IRM

, LLP

100 Congress Ave., Ste. 950

Austin, Texas 78701

Doug.sigel@ryanlawllp.com

/s/ Jack Hohengarten

JACK HOHENGARTEN

Allstate v. Hegar , CPA and Paxton , AG

Notice of Automatic Substitution of Public Officers Page 3 of 3
#### In the Matter of the Estate of Elsa K. Bryer, Deceased. Elliott K. Bryer, Appellant; The Bank of New York et al., Respondents.

Submitted June 14, 2010;

decided September 2, 2010

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution.
<TABLE> <S> <C>

<ARTICLE>                  5
<LEGEND>
This  schedule  contains  summary  financial  information  extracted  from  this
Consolidated  Statement of Financial  Condition at December 31, 1996 (Unaudited)
and the Consolidated Statement of Income for the Three Months Ended December 31,
1996 (Unaudited) and is qualified in its entirety by reference to such financial
statements. 
</LEGEND>


<PERIOD-TYPE>                               3-MOS
<FISCAL-YEAR-END>              SEP-30-1997
<PERIOD-START>                 OCT-01-1996
<PERIOD-END>                   DEC-31-1996
<CASH>                             705,222
<SECURITIES>                             0
<RECEIVABLES>                    4,431,303
<ALLOWANCES>                       150,165
<INVENTORY>                      1,981,200
<CURRENT-ASSETS>                 7,724,716
<PP&E>                           1,003,635
<DEPRECIATION>                     528,808
<TOTAL-ASSETS>                   8,805,937
<CURRENT-LIABILITIES>            4,908,238
<BONDS>                                  0
<PREFERRED-MANDATORY>                    0
<PREFERRED>                        675,000
<COMMON>                             3,548
<OTHER-SE>                               0
<TOTAL-LIABILITY-AND-EQUITY>     8,805,937
<SALES>                          4,823,948
<TOTAL-REVENUES>                 4,823,948
<CGS>                            3,362,151
<TOTAL-COSTS>                    4,472,205
<OTHER-EXPENSES>                         0
<LOSS-PROVISION>                         0
<INTEREST-EXPENSE>                  64,290
<INCOME-PRETAX>                    287,453
<INCOME-TAX>                        31,000
<INCOME-CONTINUING>                256,453
<DISCONTINUED>                           0
<EXTRAORDINARY>                          0
<CHANGES>                                0
<NET-INCOME>                       256,453
<EPS-PRIMARY>                          .04
<EPS-DILUTED>                          .04


</TABLE>
NWCG Fire Training and Incident Qualifications

Employee Name:

IFPM Position: Senior Firefighter (Crew, Engine, and Helicopter)

NWCG Incident Management Qualifications

Primary Core Requirement: Firefighter, Type 1 (FFT1) 

The purpose of this form is to help identify required and developmental training for the 

NWCG Incident Management Qualification Standards for this position.  The required 

training includes the IFPM “Additional Required Training” and the required training for 

the Incident Command Positions (ICS) and/or the Wildland Fire Positions based on the 

2009 Wildland Fire Qualification System Guide (PMS 310‐1).  Employees should refer

to individual agency requirements.

Course

Number

Course Name Training  

Needed

Training

Completed

Estimated

Cost

Required Training     

S‐131  Advanced Firefighter Training        

S‐133  Look Up, Look Down, Look Around       

S‐290  Intermediate Wildland Fire Behavior        

Suggested Developmental Training     

S‐211  Portable Pumps and Water Use       

S‐212  Wildfire Power Saws       

S‐260  Interagency Incident Business 

Management 

    

S‐270  Basic Air Operations       

S‐271  Helicopter Crewmember (Helicopter)       

L‐280  Followership to Leadership       

ICS‐200  Basic ICS: ICS for Single Resources and 

Initial Action Incidents
The Honorable George Howard, Jr., United States District Judge f or the Eastern 1 District of Arkansas. United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 96-3613

___________ Steven G. Smith, * * Plaintiff/Appellee, * * Appeal from the United States v. * District Court for the Eastern * District of Arkansas. Matthew S. Stedelin, * * [UNPUBLISHED] Defendant, * * Hogan Motor Leasing, Inc., * * Defendant/Appellant. *

___________ Submitted: May 23, 1997 Filed: June 6, 1997

___________ Before MURPHY, HEANEY, and MAGILL, Circuit Judges.

___________ PER CURIAM. Ste ven Smith won a judgment against Hogan Motor Leasing, Inc. for damages arising from an traffic accident. During deliberations, the jury sent two questions to the district court. After conferring with counsel, the court responded with a supplemental

1-2-

jury inst ruction. Hogan's appeal is based on a challenge to that instruction. We have revi ewed the evidence and the jury instructions and conclude that the district court act ed within its discretion in giving the supplemental instruction. The judgment i s affirmed.

A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
#### Clarine STEPHENS, Appellant v. Michael WYNNE, Secretary of the Air Force, Appellee.

No. 06-5176.

United States Court of Appeals, District of Columbia Circuit.

Oct. 13, 2006.

Rehearing En Banc Denied Jan. 10, 2007.

Clarine Stephens, Washington, DC, for Appellant.

R. Craig Lawrence, Assistant U.S. Attorney, U.S. Attorney’s Office, Washington, DC, for Appellee.

Before: GINSBURG, Chief Judge, and SENTELLE and TATEL, Circuit Judges.

*JUDGMENT*

PER CURIAM.

This appeal was considered on the record from the United States District Court for the District of Columbia and the brief filed by appellant. *See*Fed. R.App. P. 34(a)(2); D.C.Cir. Rule 34(j). It is

ORDERED AND ADJUDGED that the district court’s order filed May 18, 2006 be affirmed. The district court correctly held that appellant’s present complaint concerning her 1992 termination is barred by the doctrine of res judicata. *See, e.g., Parklane Hosiery Co. v. Shore,*439 U.S. 322, 326 n. 5, 99 S.Ct. 645, 58 L.Ed.2d 552 (1979). Moreover, the court did not abuse its discretion in barring appellant from filing future complaints relating to her termination, after giving her notice and an opportunity to be heard on the matter. *See, e.g., In re Powell,*851 F.2d 427, 431 (D.C.Cir.1988).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. *See*Fed. R.App. P. 41(b); D.C.Cir. Rule 41.
*This order and judgment is not binding precedent, except under the

doctrines of law of the case, res judicata and collateral estoppel. The court

generally disfavors the citation of orders and judgments; nevertheless, an order

and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

F I L E D

United States Court of Appeals

Tenth Circuit

FEB 4 2003

PATRICK FISHER

Clerk

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

JOHN A. HUDSON, 

Plaintiff - Appellant,

v.

CORRECTIONS CORPORATION OF

AMERICA; GARLAND JEFFERS,

Warden; FIGUEARO, Deputy Warden;

DEPUTY BRADLEY, Deputy Warden;

DEPUTY DELGADO, Deputy

Warden; DEPUTY AVERY, Deputy

Warden,

Defendants - Appellees.

No. 02-6140

D.C. No. CIV-00-1606-A

(W.D. Oklahoma)

ORDER AND JUDGMENT*

Before KELLY, McKAY, and MURPHY, Circuit Judges. 

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

unanimously that oral argument would not materially assist the determination of

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

therefore ordered submitted without oral argument.
-2-

Proceeding pro se, Plaintiff John A. Hudson appeals the district court’s

dismissal of the civil rights complaint he brought against defendants pursuant to

42 U.S.C. § 1983. Upon review of the parties’ appellate briefs and de novo

review of the entire record on appeal, this court affirms the district court’s

dismissal of Hudson’s complaint for substantially those reasons set forth in the

magistrate judge’s report and recommendation dated June 6, 2001 and the district

court’s orders dated July 20, 2001 and October 11, 2001. 

ENTERED FOR THE COURT

Michael R. Murphy

Circuit Judge
**EXHIBIT 23.1**

 

**CONSENT OF ERNST & YOUNG LLP,INDEPENDENT AUDITORS**

 

We consent to theincorporation by reference in the Registration Statement (Form S-8 No. 333-69658) pertaining to the 2001 Outside Director Stock Option Plan; in the Registration Statement (Form S-8 No. 333-92883) pertaining to the 1998 Nonstatutory Stock OptionPlan; in the Registration Statement (Form S-8 No. 333-16707, No. 333-37758 and No. 333-88636) pertaining to the 1996 Stock Option Plan, 1996 Director Option Plan, 1988 Stock Option Plan and 1996 Employee Stock Purchase Plan; and in the RegistrationStatement (Form S-3 No. 333-34124) of Ventana Medical Systems, Inc. of our report dated January 24, 2003, except for Note 17 as to which the date is March 12, 2003, with respect to the consolidated financial statements and schedule of VentanaMedical Systems, Inc. included in its Annual Report (Form 10-K) for the year ended December 31, 2002. 

 

/s/    ERNST & YOUNG LLP 

 

Phoenix, Arizona 

March 12, 2003
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     This schedule contains summary financial information extracted from the
     financial statements for Anaren Microwave, Inc. submitted with Form 10-K
     for the twelve months ended June 30, 1997 and is qualified in its entirety
     by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                                JUN-30-1997
<PERIOD-END>                                     JUN-30-1997
<CASH>                                             3,807,004 
<SECURITIES>                                               0 
<RECEIVABLES>                                      6,717,106 
<ALLOWANCES>                                          13,000 
<INVENTORY>                                        7,736,007 
<CURRENT-ASSETS>                                  18,989,323 
<PP&E>                                            30,080,173 
<DEPRECIATION>                                   (23,110,872)
<TOTAL-ASSETS>                                    25,972,543 
<CURRENT-LIABILITIES>                              3,946,094 
<BONDS>                                              453,335 
<PREFERRED-MANDATORY>                                      0 
<PREFERRED>                                                0 
<COMMON>                                              50,121 
<OTHER-SE>                                        20,277,209 
<TOTAL-LIABILITY-AND-EQUITY>                      25,972,543 
<SALES>                                           24,226,792 
<TOTAL-REVENUES>                                  24,226,792 
<CGS>                                             16,242,884 
<TOTAL-COSTS>                                     22,191,322            
<OTHER-EXPENSES>                                           0 
<LOSS-PROVISION>                                           0 
<INTEREST-EXPENSE>                                    94,086 
<INCOME-PRETAX>                                    2,055,102 
<INCOME-TAX>                                               0 
<INCOME-CONTINUING>                                2,055,102 
<DISCONTINUED>                                             0 
<EXTRAORDINARY>                                            0 
<CHANGES>                                                  0           
<NET-INCOME>                                       2,055,102 
<EPS-PRIMARY>                                           0.50      
<EPS-DILUTED>                                           0.46      
        


</TABLE>
NO. 03-13-00341-CV 

In the Third Court of Appeals

Austin, Texas

ALLSTATE INSURANCE COMPANY

Appellant,

v.

GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS,

AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS

Appellees

On Appeal from the 53rd Judicial District Court of Travis County, Texas

Trial Court Cause No. D-1-GN-12-001299

The Honorable Lora Livingston, Judge Presiding

__________________________________________________________________

NOTICE OF AUTOMATIC SUBSTITUTION OF PUBLIC OFFICERS

__________________________________________________________________

TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to Texas Rule of Appellate Procedure 7.2(a), Appellees give notice 

that Glenn Hegar succeeded Susan Combs as Comptroller of Public Accounts of the 

State of Texas on January 2, 2015, and Ken Paxton succeeded Greg Abbott as

Attorney General of the State of Texas on January 5, 2015. 

Accordingly, the Appellees now should be designated as “Glenn Hegar, 

Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney 

General of the State of Texas.” 

Respectfully submitted,

KEN PAXTON

Attorney General of Texas

Allstate v. Hegar, CPA and Paxton, AG

Notice of Automatic Substitution of Public Officers Page 1 of 3 

ACCEPTED

03-13-00341-CV

3772930

THIRD COURT OF APPEALS

AUSTIN, TEXAS

1/14/2015 4:31:54 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 1/14/2015 4:31:54 PM JEFFREY D. KYLE Clerk
CHARLES E. ROY

First Assistant Attorney General

JAMES E. DAVIS

Deputy Attorney General for Civil Litigation

ROBERT O’KEEFE

Division Chief

Financial Litigation, Tax, and Charitable Trusts 

Division

 /s/ Jack Hohengarten 

JACK HOHENGARTEN

Assistant Attorney General

State Bar No. 09812200

Financial Litigation, Tax, and Charitable Trusts 

Division

P.O. Box 12548

Austin, Texas 78711-2548

Telephone: (512) 475-3503

Telecopier: (512) 477-2348

jack.hohengarten@texasattorneygeneral.gov

Attorneys for Appellees

Allstate v. Hegar, CPA and Paxton, AG

Notice of Automatic Substitution of Public Officers Page 2 of 3
CERTIFICATE OF SERVICE

I hereby certify that on January 14, 2015, a true and correct copy of the 

foregoing Notice of Automatic Substitution of Public Officers was sent to the 

Appellant’s attorney of record via e-service and/or electronic mail as follows: 

Mark W. Eidman

Doug Sigel

RYAN LAW FIRM, LLP

100 Congress Ave., Ste. 950

Austin, Texas 78701

Doug.sigel@ryanlawllp.com

/s/ Jack Hohengarten

JACK HOHENGARTEN

Allstate v. Hegar, CPA and Paxton, AG

Notice of Automatic Substitution of Public Officers Page 3 of 3
{"agency":"NIGC","generated":"2019-10-18 14:40:03","items":[{"id":"1","parent":null,"text":"Reporting Quarter","due":null,"due_date":"2012\/10\/15","fields":[{"type":"select","name":"2-1-year","label":"Reporting Year","options":[{"label":"2011","value":"2011"},{"label":"2012","value":"2012"},{"label":"2013","value":"2013"},{"label":"2014","value":"2014"},{"label":"2015","value":"2015"},{"label":"2016","value":"2016"},{"label":"2017","value":"2017"},{"label":"2018","value":"2018"},{"label":"2019","value":"2019"}],"value":"2019"},{"type":"select","name":"2-1-quarter","label":"Reporting Quarter","options":[{"label":"Q1","value":"Q1"},{"label":"Q2","value":"Q2"},{"label":"Q3","value":"Q3"},{"label":"Q4","value":"Q4"}],"value":"Q4"}],"multiple":false},{"id":"1-1","parent":"1","text":"Ten Oldest Requests","due":null,"due_date":"2012\/10\/15","fields":[{"type":"select","name":"2-1-1-oldest","label":"Ten Oldest","options":[{"label":"0","value":"0"},{"label":"1","value":"1"},{"label":"2","value":"2"},{"label":"3","value":"3"},{"label":"4","value":"4"},{"label":"5","value":"5"},{"label":"6","value":"6"},{"label":"7","value":"7"},{"label":"8","value":"8"},{"label":"9","value":"9"},{"label":"10","value":"10"}],"value":"10"}],"multiple":false},{"id":"1-3","parent":"1","text":"","due":null,"due_date":"2012\/10\/15","fields":[{"type":"select","name":"2-1-3-closed","label":"Ten Oldest Closed","options":[{"label":"0","value":"0"},{"label":"1","value":"1"},{"label":"2","value":"2"},{"label":"3","value":"3"},{"label":"4","value":"4"},{"label":"5","value":"5"},{"label":"6","value":"6"},{"label":"7","value":"7"},{"label":"8","value":"8"},{"label":"9","value":"9"},{"label":"10","value":"10"}],"value":"8"}],"multiple":false},{"id":"1-2","parent":"1","text":"FOIA Requests Information","due":null,"due_date":"2012\/08\/21","fields":[{"type":"text","name":"2-1-2-component","label":"Component","options":[],"value":["NIGC"]},{"type":"text","name":"2-1-2-received","label":"Received","options":[],"value":["11"]},{"type":"text","name":"2-1-2-processed","label":"Processed","options":[],"value":["15"]},{"type":"text","name":"2-1-2-backlog","label":"Backlog","options":[],"value":["2"]}],"multiple":true}],"year":"2019","quarter":"Q4"}
**Exhibit23.1**

** **

 

**Consent ofErnst & Young LLP, Independent Auditors**

** **

** **

We consent to the incorporation by reference in the RegistrationStatement on Form S-8 pertaining to the Anacomp, Inc. 2003 Outside DirectorCompensation Plan of our report dated November 24, 2003, with respect to theconsolidated financial statements of Anacomp, Inc. included in its AnnualReport (Form 10-K) for the year ended September 30, 2003.

 
|                    | /s/  ERNST&YOUNG LLP |   |
|-------------------------|--------------------------|--------|
|                    |                     |
|                    |                     |
| San  Diego, California  |                     |
| December 17,  2003 |                     |

 

----
<PAGE>



                                                        Exhibit 23


INDEPENDENT AUDITORS' CONSENT


We consent to the incorporation by reference in Registration Statements 
Nos. 33-24258, 33-24259, 33-60405, 33-54351, 33-54353, 33-54355,      
33-65946, and 333-01687 and in Post-Effective Amendment No. 1 to 
Registration Statement Nos. 33-20852 and 33-20853 of Armco Inc. on Form 
S-8 of our reports dated February 5, 1997 on the consolidated financial 
statements and financial statement schedule of Armco Inc. and 
subsidiaries appearing in and incorporated by reference in this Annual 
Report on Form 10-K of Armco Inc. for the year ended December 31, 1996.


/s/ Deloitte & Touche LLP



Pittsburgh, Pennsylvania
March 21, 1997
**Fire Program Management AssistantChecklist #15**

**Fire Program Management AssistantChecklist #15**

**15-1Revised 2014**

**15-2Revised 2014**
Court of Appeals of the State of Georgia Clerk's Office, Atlanta, September 20, 2024. I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk. 

# Court of Appeals of the State of Georgia
ATLANTA, September 20, 2024 The Court of Appeals hereby passes the following order A25A0166. WINDWARD CAMPUS OWNER, LLC v. GOOD NIGHT MEDICAL, LLC et al.
Upon consideration of the APPELLANT'S motion FOR PERMISSION TO WITHDRAW THE APPEAL in the above styled case, it is ordered that the motion be hereby GRANTED, and jurisdiction is released back to the trial court upon receipt of this order.