alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Ingrid D. CRUMMIE, Plaintiff, v. DAYTON-HUDSON CORPORATION, a foreign corporation, Shirley Davis and William Wrobleski, jointly and severally, Defendants.

No. 85-CV-71689-DT.

United States District Court, E.D. Michigan, S.D.

June 14, 1985.

William K. Necker, Wayne, Mich., for plaintiff.

Larry W. Davidson, Detroit, Mich., for defendants.

ORDER DENYING PLAINTIFF’S MOTION TO REMAND TO WAYNE COUNTY CIRCUIT COURT

La PLATA, District Judge.

On March 25, 1985, Plaintiff, Ingrid D. Crummie, filed a five-count Complaint in the Wayne County Circuit Court against the above-named Defendants, essentially alleging that Defendants wrongfully detained and arrested her on September 15, 1984, while she was a business invitee at the Dearborn, Michigan, Hudson’s Department Store. Based on Count V of Plaintiff’s Complaint, in which she asserted that Defendants, acting under color of state law, violated her federal constitutional rights, Defendants removed the case to this Court on April 17, 1985. 28 U.S.C. § 1441(a).

On June 3, 1985, Plaintiff filed a Motion to Remand the matter to the state court. In support of her Motion, Plaintiff asserts that a result of her filing of an Amended Complaint in state court on April 22, 1985, wherein the federal claim was deleted, the *693federal court does not have subject matter jurisdiction over the action. The statute under which Plaintiff seeks to have the case remanded to the Wayne County Circuit Court, 28 U.S.C. § 1447(c), prescribes in pertinent part:

> (e) If at any time before final judgment it appears that the case was removed improvidently and without jurisdiction, the district court shall remand the case, and may order the payment of just costs.

After a removal of an action, a federal court acquires total, exclusive jurisdiction over the litigation. *French v. Hay,*89 U.S. (22 Wall.) 238, 22 L.Ed. 854 (1875); Wright, Law of Federal Courts, § 40 at 165 (3d ed. 1976). The removed case is governed by the Federal Rules of Civil Procedure and is treated as though it originally had been instituted in the federal court. *Granny Goose Foods, Inc. v. Brotherhood of Teamsters & Auto Truck Drivers Local No. 70,*415 U.S. 423, 437, 94 S.Ct. 1113, 1123, 39 L.Ed.2d 435 (1974).

Applying the foregoing precepts to the matter at bar, it is evident that Plaintiffs filing of an amended complaint in state court subsequent to the removal of the cause- was of no effect. The only pleading this Court can review is the original complaint, where, in Count V, Plaintiff claimed that Defendants deprived her of her federal constitutional rights. Consequently, this Court finds that Defendant did not remove the action improvidently.

WHEREFORE, Plaintiff’s Motion to Remand the ease to the Wayne County Circuit Court is DENIED.

So Ordered.
Exhibit No. 21


                   SUBSIDIARIES OF THE REGISTRANT

Domestic Subsidiary                  Foreign Subsidiaries
Westvaco Development Corporation     Rigesa, Ltda.
Summerville, South Carolina          Valinhos, Sao Paulo, Brazil
                                     
                                     Westvaco Asia, K.K.
                                     Tokyo, Japan

                                     Westvaco Europe, S.A.
                                     Brussels, Belgium
                                     
                                     Westvaco Canada, Ltd.
                                     Toronto, Canada

                                     Westvaco Foreign Sales Corporation
                                     Brussels, Belgium
                                     
                                     Westvaco Hong Kong, Ltd.
                                     Hong Kong
                                     
                                     Westvaco Korea, Ltd.
                                     Seoul, South Korea
                                     
                                     Westvaco de Mexico, S.A. de C.V.
                                     Mexico City, Mexico
                                     
                                     Westvaco Pacific Pty. Limited
                                     Sydney, Australia
                                     
                                     Westvaco Singapore Pte., Ltd.
                                     Singapore
                                     
                                     Westvaco Specialty Products, S.A.
                                     Brussels, Belgium
                                     
                                     Westvaco South Africa (Pty) Ltd.
                                     Cape Town, South Africa

                                     Westvaco Svitavy, SPOL. S R.O.
                                     Svitavy, Czech Republic
                                     
                                     Westvaco Taiwan, Ltd.
                                     Taipei, Taiwan
                                     
                                     Westvaco Worldwide Distribution, S.A.
                                     Neuchatel, Switzerland
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-04-00397-CR

Aaron Lambert Sloan, Jr., Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF CALDWELL COUNTY, 274TH JUDICIAL DISTRICT

NO. 2003-127, HONORABLE TODD A. BLOMERTH, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Aaron Lambert Sloan, Jr., seeks to appeal from a judgment of conviction for failing

to assist at an accident. The trial court has certified, and the record confirms, that Sloan waived the

right of appeal. See Tex. R. App. P. 25.2(a)(2); Monreal v. State, 99 S.W.3d 615, 622 (Tex. Crim.

App. 2003). The appeal is dismissed. See Tex. R. App. P. 25.2(d).

__________________________________________

Bob Pemberton, Justice

Before Justices Kidd, B. A. Smith and Pemberton

Dismissed for Want of Jurisdiction

Filed: July 29, 2004

Do Not Publish
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| ·   | Make      sure you have all the facts. |
|--------------------|----------------------------------------|

| ·   | Ask      yourself: What specifically am I being asked to  do? |
|--------------------|---------------------------------------------------------------|

| ·   | Clarify your      responsibility and role. |
|--------------------|--------------------------------------------|

| ·   | Discuss the problem      with your supervisor or other Senior  Management. |
|--------------------|----------------------------------------------------------------------------|

| ·   | You may report ethical      violations in confidence and without fear of      retaliation. |
|--------------------|--------------------------------------------------------------------------------------------|

| ·   | Submission      of confidential information to the Audit  Committee. |
|--------------------|----------------------------------------------------------------------|

| ·   | Always ask first, act      later. |
|--------------------|-----------------------------------|

----

| To: | Audit      Committee Chairman, Chairman of the Board of Directors or Chief Financial      Officer |
|-----|---------------------------------------------------------------------------------------------------|

|   ______________________________                          |   _________________________                  |   _________________________           |
|---------------------------------------------------------------------|--------------------------------------------------------|-------------------------------------------------|
| Signature      of Employee / Representative                         | Print      Name                                        | Date                                            |
|   _________________________Company      Witness Signature |   _________________________Witness      Name |   _________________________Date  |

----

| ATTACHMENT       |
|------------------|
|             |
| Date of Incident |   | Principal      PeopleInvolved in Incident |   | Short      Descriptionof      Incident |

|   _____________________________________ |   ____________________________ |   _________________________ |
|---------------------------------------------------|------------------------------------------|---------------------------------------|
| Signature      of Employee / Representative       | Print      Name                          | Date                                  |
**EXHIBIT    21**

**WEIS MARKETS,    INC.**

**SUBSIDIARIES OF THE    REGISTRANT**

|                                                                                                                          | State of                Incorporation | Percent Ownedby Registrant |   |
|-------------------------------------------------------------------------------------------------------------------------------|---------------------------------------|----------------------------|--------|
| Albany Public Markets,                Inc.                                                                                    | New York                              | 100%                       |   |
| Dutch Valley Food                Company, Inc.                                                                                | Pennsylvania                          | 100%                       |   |
| King's Supermarkets,                Inc.                                                                                      | Pennsylvania                          | 100%                       |   |
| Martin's Farm Market,                Inc.                                                                                     | Pennsylvania                          | 100%                       |   |
| Shamrock Wholesale                Distributors, Inc.                                                                          | Pennsylvania                          | 100%                       |   |
| SuperPetz,                LLC                                                                                                 | Pennsylvania                          | 100%                       |   |
| Weis Transportation,                Inc.                                                                                      | Pennsylvania                          | 100%                       |   |
| WMK Financing,                Inc.                                                                                            | Delaware                              | 100%                       |   |
|                                                                                                                          |                                  |                       |   |
| The consolidated                financial statements include the accounts of the                company and its subsidiaries. |
Exhibit 31.2   CERTIFICATION PURSUANT TO RULE 13a-14(a)/15d-14(a), AS ADOPTED PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002   I, Sherri L. Lemmer, certify that:  1. I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K/A of Wausau Paper Corp.; and  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.


|               |                                                  
|-------------- | -------------------------------------------------
|April 29, 2014 | /s/  SHERRI L. LEMMER                            
|               | Sherri L. Lemmer                                 
|               | Senior Vice President and Chief Financial Officer
|               | (Principal Financial Officer)
EX-10.4





HEARTWARE, INC.

Exhibit 10.4











205 Newbury Street

Suite 101

Framingham, MA 01701

Fax: (+1) 508 739 0841
www.heartware.com




[INSERT NAME]

c/-HeartWare, Inc

14000 NW 57th Court

Miami Lakes FL 33014




[INSERT], 2009



Dear [INSERT]


In the context of the proposed merger with Thoratec Corporation (“Merger”), the Board of Directors
considers it essential to foster the continued employment of key executives.


In recognition of your contribution to-date and so as to ensure a smooth transition in the context
of the Merger, the Board of Directors has determined to provide you with a payment of [INSERT]
subject to the terms and conditions specified herein (“Retention Bonus Payment”).


The Retention Bonus Payment shall be paid to you on the date which is 90 days following the Closing
of the Merger on the condition that you remain employed through that date. In the event that,
prior to the Closing, you are terminated without “cause” (as defined in your employment agreement)
or you die or you suffer a disability, the Retention Bonus Payment will be paid in full, provided
that you enter into a general release of claims.


Should Closing not occur on or before December 31, 2009 for whatever reason, then the obligations
and payments as set out in this letter shall automatically lapse and become void and no payment
shall be made. All taxes payable in connection with the Retention Bonus Payment shall be deducted
in accordance with the Company’s usual compensation practices.


I would like to thank you efforts and look forward to your assistance with the Merger.


Yours faithfully



	 	 	 	 	 
	 	 	 
	/s/  Doug Godshall	 	 
	Doug Godshall	 	 
	President
IV 

108TH CONGRESS 

1ST SESSION H. RES. 1

Electing officers of the House of Representatives. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 7, 2003

Mr. DELAY submitted the following resolution; which was considered and 

agreed to 

RESOLUTION

Electing officers of the House of Representatives.

1 Resolved, That Jeffrey J. Trandahl of the State of 

2 South Dakota, be, and is hereby, chosen Clerk of the 

3 House of Representatives. 

4 Resolved, That Wilson S. Livingood of the Common5 wealth of Virginia, be, and is hereby, chosen Sergeant at 

6 Arms of the House of Representatives. 

7 Resolved, That James M. Eagen, III, of the Common8 wealth of Pennsylvania, be, and is hereby, chosen Chief 

9 Administrative Officer of the House of Representatives. 
2

HRES 1 ATH 

1 Resolved, That Father Daniel P. Coughlin of the 

2 State of Illinois, be, and is hereby, chosen Chaplain of the 

3 House of Representatives.

Æ
Order entered June 19, 2018

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-18-00650-CV

No. 05-18-00651-CV

KEVIN HINDS, Appellant

V.

STATE BAR OF TEXAS, Appellee

On Appeal from the 134th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-17-13392

ORDER

Before the Court are appellant’s June 15, 2018 requests for extension of time to file the 

clerk’s record and reporter’s record in each of these appeals. We note the clerk’s record has been 

filed in each appeal and the reporter’s records are not due until June 25, 2018. Accordingly, we 

DENY as moot the requests as to the clerk’s records and DENY as premature the requests as to 

the reporter’s records.

/s/ ADA BROWN 

JUSTICE
|   |   | /s/      John M. Herndon                                                         |   |
|--------|--------|----------------------------------------------------------------------------------|--------|
|   |   | John      M. HerndonAssistant      SecretaryThe      Aquila Group of Funds® |   |
As filed with the Securities and Exchange Commission on September 2, 2004.
I 

108TH CONGRESS 

1ST SESSION H. R. 924

To direct the Secretary of the Interior to replace the U.S. Fish and Wildlife 

Service as the Federal agency responsible for the administration, protection, and preservation of Midway Atoll, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 26, 2003

Mr. DUNCAN introduced the following bill; which was referred to the 

Committee on Resources 

A BILL

To direct the Secretary of the Interior to replace the U.S. 

Fish and Wildlife Service as the Federal agency responsible for the administration, protection, and preservation 

of Midway Atoll, 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,

3 SECTION 1. FINDINGS. 

4 Congress finds as follows: 

5 (1) Public Law 106–113 directed the Secretary 

6 of the Interior to designate Midway Atoll as a Na7 tional Memorial to the Battle of Midway. 
2

•HR 924 IH 

1 (2) Congress intended that Midway Atoll be 

2 preserved as a memorial to the honor and courage 

3 of members of the United States Armed Forces who 

4 participated in the critical battle that was the turn5 ing point of the war in the Pacific during World 

6 War II. 

7 (3) The designation was accomplished via Order 

8 3217 by the Secretary of the Interior on September 

9 13, 2000. 

10 (4) Order 3217 designated the U.S. Fish and 

11 Wildlife Service as the agency responsible for the de12 velopment of the National Memorial. 

13 (5) Public access to the Atoll is a critical com14 ponent of its status as both a national memorial to 

15 the Battle of Midway and a wildlife preservation 

16 area. 

17 (6) The airport located on the Atoll should re18 main open and available as an emergency airport for 

19 both civilian and military aircraft. 

20 SEC. 2. DESIGNATION OF REPLACEMENT AGENCY. 

21 (a) REVIEW.—The Secretary of the Interior, in con22 sultation with interested parties, shall conduct a review 

23 of the administration of Midway Atoll and the designation 

24 of the atoll as national memorial to the Battle of Midway. 
3

•HR 924 IH 

1 (b) DESIGNATION OF ADMINISTERING AGENCY.—

2 Not later than 90 days after the date of the enactment 

3 of this Act, the Secretary shall designate an agency within 

4 the Department of the Interior to replace the U.S. Fish 

5 and Wildlife Service as administrator of Midway Atoll and 

6 developer of the national memorial thereon. 

7 (c) STATUS OF NATIONAL MEMORIAL.—The national 

8 memorial on Midway Atoll shall be given equal consider9 ation with concerns over the preservation of wildlife in all 

10 matters related to the administration, development, and 

11 preservation of Midway Atoll. 

12 (d) PUBLIC ACCESS.—The Secretary shall provide for 

13 public access to Midway Atoll in the most cost-effective 

14 manner available.

Æ
No. 45,985

#### State of Kansas, *Appellee,*v. John Wayne Franklin, *Appellant.*

(479 P. 2d 848)

Opinion filed January 23, 1971.

*Philip L. Sieve,*of Kansas City, Kansas argued the cause and was on the brief for the appellant.

*Nick A. Tomasic,*Chief Deputy County Attorney, argued the cause, and *Kent Frizzell,*Attorney General, and *Frank D. Menghini,*County Attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

Fontron, J.:

The defendant, John Wayne Franklin, was convicted of assault with intent to kill. He contends on appeal, first, that the verdict not only is unsupported by the evidence but is against the weight of the evidence, and second, that the trial court erred in allowing the state to impeach one of its own witnesses.

There should be no need to point out, at this late date, that we do not weigh evidence on appeal. If there is evidence to support the verdict it will be sustained, even though there is contrary evidence. (See cases in 2 Hatchers Kansas Digest [Rev. Ed.] Criminal Law, § 438.)

In the case at bar there was ample evidence from which guilt could be inferred. Two eye-witnesses to the assault identified the defendant as having fired the shot into his victim’s abdomen.

As a defense, the defendant contended the weapon he carried on the day in question was a blank gun, capable of firing only blank cartridges. Supporting this theory there is evidence of record that twice the defendant fired his pistol at the victim’s head at close range, without wounding him.

*528It was the jury’s function to evaluate such evidence within the framework of the entire evidence adduced, including the eyewitness testimony taken in conjunction with evidence that flashes came from the gun fired at the victim’s head and that the same weapon can fire both blank and live ammunition.

Obviously the jury was unimpressed with Franklin’s story that the weapon he carried was a blank gun. Perhaps they were fortified in their unbelief by the fact that when the defendant testified at the trial on his own behalf, he conveniently failed to produce the gun which he claimed to be harmless.

The defendant’s second point is likewise without merit. In the first place, the questions put to the state’s witness on re-direct examination concerned a matter first brought out by the defense on cross-examination. Secondly, K. S. A. 60-420 permits any party to examine a witness, including the party who calls him, as to any conduct or matter relevant upon the issue of credibility.

We discern no error in this case and the judgment of the trial court is affirmed.
cphi10kex104123112.htm


Exhibit 10.4


 












Re: Service about being independent director, chairman of the Audit Committee, and member of the Nominating and Compensation Committee of China Pharma Holdings, Inc.



December 24, 2012







Dear Mr. Gene Michael Bennett,







On behalf of the Board of Directors and the Company, I am pleased to welcome you to join the Board of the China Pharma Holdings, Inc. as an independent director, chairman of the Audit Committee, and member of the Nominating and Compensation Committee. I look forward to working with you. Your starting date will be the date of the board approves your engagement and your engagement for this term will end on the date of the next annual shareholders meeting.







Your compensation will consist of the following:



	
1)  

	
A retainer of $16,000 per year, payable quarterly within 5 days of the end of the quarter;








	
2)  

	
5,000 warrants of common stocks with an exercise price $3.32 per share which is determined by the average stock price of 15 days before December 19th 2007. The warrants will be vested on the anniversary date of the board resolution. The warrants issued will be subject to the warrants plan to be adopted by the Company.












If you agree to the terms and conditions stated above, please sign and date this letter below.







I look forward to working with you and sincerely hope that your service will be enjoyable and rewarding.







Sincerely







Chairman of the Board


China Pharma Holdings, Inc.







Response:


This letter correctly sets forth the understanding of Gene Michael Bennett.







By:    /s/ Gene Michael Bennett







Date:
<PAGE>
Exhibit 23.1

            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We hereby consent to the incorporation by reference in the Registration
Statements on Form S-8 (Nos. 333-117405, 333-120160, 333-126030 and 333-129230)
of Greenfield Online, Inc of our report dated March 15, 2006 relating to the
financial statements, management's assessment of the effectiveness of internal
control over financial reporting and the effectiveness of internal control over
financial reporting, which appears in this Form 10-K. We also consent to the
incorporation by reference of our report dated March 15, 2006 relating to the
financial statement schedule, which appears in this Form 10-K.

/s/ PricewaterhouseCoopers LLP
Stamford, Connecticut

March 15, 2006