alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
In The 

Court of Appeals 

Seventh District of Texas at Amarillo

No. 07-14-00115-CR 

THE STATE OF TEXAS, APPELLANT 

 

V. 

 

CODY MICHAEL PIRTLE, APPELLEE 

 

On Appeal from the County Court at Law No. 1 

Potter County, Texas 

Trial Court No. 136550, Honorable Richard Dambold, Presiding 

 

June 6, 2014 

 

ON MOTION TO DISMISS 

 

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ. 

Pending before the Court is the State’s motion to dismiss its appeal pursuant to 

Rule 42.2(a) of the Rules of Appellate Procedure. TEX. R. APP. P. 42.2(a). The State has 

complied with the requirements of Rule 42.2(a) and, as no decision of this Court has 

been delivered, we grant the motion and dismiss the appeal. See TEX. R. APP. P.

43.2(f).

James T. Campbell

 Justice

Do not publish.
II 

114TH CONGRESS 

1ST SESSION S. 462 

To direct the Administrator of the Environmental Protection Agency to publish a health advisory and submit reports with respect to microcystins 

in drinking water. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 11, 2015 

Mr. BROWN (for himself and Mr. PORTMAN) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To direct the Administrator of the Environmental Protection 

Agency to publish a health advisory and submit reports 

with respect to microcystins in drinking water. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safe and Secure 

5 Drinking Water Protection Act of 2015’’. 

6 SEC. 2. MICROCYSTINS IN DRINKING WATER. 

7 (a) HEALTH ADVISORY.—Not later than 180 days 

8 after the date of enactment of this Act, the Administrator 

9 of the Environmental Protection Agency (referred to in 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•S 462 IS

1 this Act as the ‘‘Administrator’’) shall develop and publish 

2 a health advisory including recommendations on— 

3 (1)(A) the level of microcystins in drinking 

4 water below which the water is expected to be safe 

5 for human consumption; and 

6 (B) feasible treatment techniques and other 

7 means for achieving that level; and 

8 (2) standardized procedures for testing for 

9 microcystins in drinking water. 

10 (b) REPORTS.—Not later than 180 days after the 

11 date of enactment of this Act, and each year thereafter, 

12 the Administrator shall submit to Congress a report that 

13 includes— 

14 (1) a description of the status of the efforts of 

15 the Administrator to determine whether to regulate 

16 drinking water with respect to the level of 

17 microcystins; 

18 (2) a description of the steps taken by the Ad19 ministrator to promote testing of drinking water for 

20 microcystins in areas that have been affected by 

21 harmful algal blooms; and 

22 (3) an analysis of available treatment tech23 niques and other means for addressing microcystins 

24 in drinking water. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS
<PAGE>



                                                                  EXHIBIT 32.2



                            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 Quarterly Report of IntegraMed America, Inc. (the
     "Company") on Form 10-Q for the period ended September 30, 2006 as filed
     with the Securities and Exchange Commission on the date hereof (the
     "Report"), I John W. Hlywak, Jr., Chief Financial Officer of the Company,
     certify, pursuant to 18 U.S.C. /s/ 1350, as adopted pursuant to section 906
     of the Sarbanes-Oxley Act of 2002, that to my knowledge:

1.       The Report fully  complies  with the  requirements  of Section 13(a) or
         15(d) of the Securities Exchange Act of 1934; and

2.       The  information  contained  in  the  Report  fairly  presents,  in all
         material respects, the financial condition and results of operations of
         the Company.



                             /s/ John W. Hlywak, Jr.
                                 ------------------------
                                 John W. Hlywak, Jr.
                                 Chief Financial Officer
                                 November 14, 2006
EXHIBIT 21



SUBSIDIARIES AND JOINT VENTURE OF THE COMPANY





As of March 31, 2007, the Company discloses its position of ownership of

the following entities:







Charter/Joint Venture

Included in the                            ---------------------

Consolidated Statements    % Ownership       Place         Date

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

Homespan Realty Co., Inc.

("Homespan")                  100.0       Wisconsin     02/12/1959

Ecomm Group Inc.

("Ecomm")                     100.0       Wisconsin     06/24/1974

San Luis Estates, Inc.

("SLE")                       100.0       Colorado      11/09/1970

San Sebastian Gold Mines,

Inc. ("Sanseb")                82.5       Nevada        09/04/1968

Universal Developers, Inc.

("UDI")                       100.0       Wisconsin     09/28/1964

Commerce/Sanseb Joint

Venture ("Joint Venture")      90.0       Wisconsin &   09/22/1987

El Salvador



Not included in the

Consolidated Statements

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

Mineral San Sebastian,

S.A. de C.V.  ("Misanse")      52.0       El Salvador   05/08/1960
**Exhibits**

 

**Exhibit 4.28**

 

John Uttley Esq 

23 Crescent East 

Hadley Wood 

Herts 

EN4 0EY 

 

9 April 2004 

 

Dear John 

 

I writeto confirm the agreement which we have reached regarding the change to the date upon which you will take up your appointment as a non executive director of the Company pursuant to the Letter of Appointment dated 30 March 2004 (“Letter”).

 

We have agreed that your appointment which was due to have commenced on 8 April 2004will now take effect from the date (the “Commencement Date”) immediately following the date upon which the filing of the Group Accounts with the US Securities and Exchange Commission, in accordance with applicable US law and regulation, ismade. “Group Accounts” for this purpose shall mean the Annual Report and 20F of the Company and its subsidiaries (the “Group”) for the financial year ended 31 December 2003 including the consolidated financial statements of theGroup for that year set out therein. 

 

Accordingly it is agreed that paragraph 1.2 of theLetter be amended by substituting for the date of 8 April 2004 where it appears in that paragraph the words “the Commencement Date”. Save as aforesaid the Letter will remain in full force and effect. 

 

I will be grateful if you would confirm your acceptance of the terms set out in this letter by signingand returning the attached copy letter. 

 

Yours sincerely, 

 

Chairman 

BaltimoreTechnologies Plc 

 

I have read this letter and accept the terms detailed above.

 

 

Signature:

 

 

Date:

 

 

Name:
Exhibit 32.2



Certification Pursuant to
18 U.S.C. Section 1350,
As Adopted Pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Annual Report of Wisconsin Electric Power Company (the "Company") on Form 10-K for the period ended December 31, 2006, as filed with the Securities and Exchange Commission on March 2, 2007 (the "Report"), I, Allen L. Leverett, as Chief Financial Officer of the Company, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge, that:

(1)     The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(2)     The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



/s/ALLEN L. LEVERETT
Acknowledgment of Successor Trustees for Lincoln National Capital IX



 Exhibit 4.9.2 
 ACKNOWLEDGEMENT OF 
 APPOINTMENT OF SUCCESSOR TRUSTEES 
 OF 
 LINCOLN NATIONAL CAPITAL IX

 This Acknowledgement of Appointment of Successor Trustees (this “Acknowledgement”), is dated as of March 6, 2009 and is
pursuant to Section 6 of the Trust Agreement, dated as of March 18, 2002 (the “Trust Agreement”), among Lincoln National Corporation, an Indiana corporation (the “Company”), and the trustees named therein. Capitalized
terms used herein and not otherwise defined herein have the respective meanings ascribed thereto in the Trust Agreement. 
 WHEREAS, Bank One
Trust Company, National Association and Bank One Delaware Inc. have been succeeded as trustees of the Trust by The Bank of New York Mellon and BNY Mellon Trust of Delaware, respectively; and 
 WHEREAS, the Company and The Bank of New York Mellon and BNY Mellon Trust of Delaware wish to acknowledge the appointment and acceptance of the successor
trustees pursuant to Section 6 of the Trust Agreement; 
 NOW, THEREFORE, the parties hereto hereby agree as follows: 
 1. Bank One Trust Company, National Association and Bank One Delaware Inc. are hereby removed as trustees pursuant to Section 6 of the Trust
Agreement by the Company. 
 2. The Company hereby appoints The Bank of New York Mellon and BNY Mellon Trust of Delaware as successor
trustees pursuant to Section 6 of the Trust Agreement. 
 3. Each of The Bank of New York Mellon and BNY Mellon Trust of Delaware hereby
accepts its appointment under the Trust Agreement as successor trustee, and accepts the rights, powers, trusts and duties of a trustee with respect to the Trust, as if it were an original signatory in the capacity as trustee to the Trust Agreement.

 4. This Acknowledgement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but
all of such counterparts shall together constitute one and the same instrument. 
 [SIGNATURE PAGE FOLLOWS] 







 IN WITNESS WHEREOF, the undersigned have executed this Acknowledgement as of the day and year first above
written. 
  

			
	LINCOLN NATIONAL CORPORATION
		
	By:	 	 /s/ C. Suzanne Womack

	Name:	 	C. Suzanne Womack
	Title:	 	Secretary
	
	 THE BANK OF NEW YORK MELLON,
 as
Trustee

		
	By:	 	 /s/ Mary Miselis

	Name:	 	Mary Miselis
	Title:	 	
	
	 BNY MELLON TRUST OF DELAWARE,
 as Trustee


		
	By:	 	 /s/ Kristine K. Gullo

	Name:	 	Kristine K. Gullo
	Title:	 	Vice President
EXHIBIT 4.2 (c)

EXECUTION COPY

VAIL RESORTS, INC.
Xedar Corporation
2500 Central Avenue
Boulder, CO 80301

May 13, 1997


Securities and Exchange Commission
Washington, DC 20549


We are transmitting herewith the amended 10KSB/A with the seperated 
Financial Data Schedule EX-27/A for 12/28/96 and a signature page.

Sincerely,

Hans R. Bucher

Hans R. Bucher, President








                   SIGNATURES

In accordance with the requirements of the Exchange Act,
the registrant caused this report to be signed on its behalf
by the undersigned, thereunto duly authorized.


  XEDAR CORPORATION
--------------------------
   (Registrant)




Date    May 13, 1997                   Hans R. Bucher
     ---------------------        ---------------------------
                                  (Hans R. Bucher, President)
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 7
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<DEBT-HELD-FOR-SALE>                           752,306
<DEBT-CARRYING-VALUE>                           46,948
<DEBT-MARKET-VALUE>                             48,266
<EQUITIES>                                      45,711
<MORTGAGE>                                           0
<REAL-ESTATE>                                        0
<TOTAL-INVEST>                                 879,973
<CASH>                                          12,504
<RECOVER-REINSURE>                               6,786
<DEFERRED-ACQUISITION>                          20,840
<TOTAL-ASSETS>                               1,252,156
<POLICY-LOSSES>                                613,266
<UNEARNED-PREMIUMS>                            128,469
<POLICY-OTHER>                                       0
<POLICY-HOLDER-FUNDS>                            6,407
<NOTES-PAYABLE>                                 88,216
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        24,681
<OTHER-SE>                                     337,185
<TOTAL-LIABILITY-AND-EQUITY>                 1,252,156
<PREMIUMS>                                     488,721
<INVESTMENT-INCOME>                             52,332
<INVESTMENT-GAINS>                              14,008
<OTHER-INCOME>                                  45,419
<BENEFITS>                                     348,165
<UNDERWRITING-AMORTIZATION>                     92,213
<UNDERWRITING-OTHER>                            68,003
<INCOME-PRETAX>                                 43,478
<INCOME-TAX>                                    15,378
<INCOME-CONTINUING>                             28,100
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    28,100
<EPS-PRIMARY>                                     1.59
<EPS-DILUTED>                                     1.57
<RESERVE-OPEN>                                 526,427
<PROVISION-CURRENT>                            348,514
<PROVISION-PRIOR>                                (349)
<PAYMENTS-CURRENT>                             138,393
<PAYMENTS-PRIOR>                               209,346
<RESERVE-CLOSE>                                526,853
<CUMULATIVE-DEFICIENCY>                          (349)
        

</TABLE>
i i i i i i

MEMORANDUM OPINION

 No. 04-08-00034-CR

Mark C. PETERSON,

Appellant

v.

The STATE of Texas,

Appellee

From the County Court at Law No. 7, Bexar County, Texas

Trial Court No. 983845

Honorable Monica Guerrero, Judge Presiding

Opinion by: Sandee Bryan Marion, Justice

Sitting: Karen Angelini, Justice

Sandee Bryan Marion, Justice

Rebecca Simmons, Justice

Delivered and Filed: November 5, 2008

AFFIRMED

A jury found Mark C. Peterson, defendant, guilty of assault-bodily injury, and the trial court

assessed punishment.

Defendant’s court-appointed appellate attorney filed a brief containing a professional

evaluation of the record and demonstrating that there are no arguable grounds to be advanced.

Counsel concludes that the appeal is without merit. The brief meets the requirements of Anders v.

California, 386 U.S. 738 (1967). Defendant was informed of his right to review the record. Counsel
04-08-00034-CR

1... No substitute counsel will be appointed. See In re Schulman, 252 S.W.3d 403, 408 n.22 (Tex. Crim. App.

2008). Should defendant wish to seek further review of this case by the Texas Court of Criminal Appeals, defendant

must either retain an attorney to file a petition for discretionary review or file a pro se petition for discretionary review.

Any petition for discretionary review must be filed within thirty days from the date of either this opinion or the last timely

motion for rehearing that is overruled by this court. See TEX. R. APP. P. 68.2. Any petition for discretionary review must

be filed with this court, after which it will be forwarded to the Texas Court of Criminal Appeals along with the rest of

the filings in this case. See TEX. R. APP. P. 68.3. Any petition for discretionary review must comply with the

requirements of Texas Rules of Appellate Procedure 68.4. 

-2-

provided defendant with a copy of the brief and advised him of his right to file a pro se brief.

Defendant did not file a pro se brief.

After reviewing the record and counsel’s brief, we agree that the appeal is frivolous and

without merit. Accordingly, we affirm the trial court’s judgment, and we GRANT appellate

counsel’s motion to withdraw.1 Nichols v. State, 954 S.W.2d 83, 86 (Tex. App.—San Antonio 1997,

no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio 1996, no pet.). 

Sandee Bryan Marion, Justice

DO NOT PUBLISH
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 03-6184

MELVIN CHERRY,

Petitioner - Appellant,

versus

DAVID GARRAGHTY, Warden of the Greensville

Correctional Center; UNITED STATES PAROLE

COMMISSION,

Respondents - Appellees.

Appeal from the United States District Court for the Eastern

District of Virginia, at Norfolk. Raymond A. Jackson, District

Judge. (CA-02-171)

Submitted: May 14, 2003 Decided: May 22, 2003

Before WIDENER, TRAXLER, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Melvin Cherry, Appellant Pro Se. Christopher Garrett Hill, OFFICE

OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia; George

Maralan Kelley, III, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk,

Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Melvin Cherry, a federal prisoner, appeals the district

court’s order accepting the recommendation of the magistrate judge

and denying relief on his petition filed under 28 U.S.C. § 2241

(2000). We have reviewed the record and find no reversible error.

Accordingly, we deny leave to proceed in forma pauperis and dismiss

on the reasoning of the district court. See Cherry v. Garraghty,

No. CA-02-171 (E.D. Va. Jan. 9, 2003). We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the court and argument would not

aid the decisional process.

DISMISSED
# United States Court of Appeals

For the Seventh Circuit

Chicago, Illinois 60604

Submitted January 31, 20 13 ∗

Decided February 19, 2013



### Before

F RANK H. E ASTERBROOK

, Chief Judge

D ANIEL A. M ANION

, Circuit Judge

M ICHAEL S. K ANNE

, Circuit Judge



### No

. 12

- 3214

M ARCEL P OP

, Petitioner

,

v.

E RIC H. H OLDER

, J R

., Attorney General of the

United States

, Respondent

. On Petition for Review of an

Order from the Board of

Immigration Appeals

.

No. A071 030 710

Order

The petition for review is dismissed for want of jurisdiction. See Anaya

- Aguilar v.

Holder , 683 F.3d 369 (7th Cir. 2012).

∗ This successive appeal has been submitted to the original panel under Operating Procedure 6(b). After

examining the briefs and the record, we have concluded that oral argument is unnecessary. See Fed. R.

App. P. 34(a); Cir. R. 34(f). 1

NONPRECEDENTIAL DISPOSITION

To be cited only in accordance with

Fed. R. App. P. 32.1 2
EX-10.T.1







Exhibit 10(t.1)




AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT




     This Amendment No. 2 to Employment Agreement (“Amendment”) made as of April 10, 2008 between
DUSA Pharmaceuticals, Inc., a New Jersey corporation (“DUSA”) having principal offices at 25 Upton
Drive, Wilmington, Massachusetts 01887, and Stuart L. Marcus, M.D., Ph.D., (“Dr. Marcus”), who
resides at 20 Dogwood Road, Mount Kisco, New York 10549




WHEREAS, the parties entered into an Employment Agreement dated October 11, 1993 which was
amended as of December 9, 1999 (the “Agreement”); and




WHEREAS, the parties now wish to further amend the Agreement in writing to reflect an
increase in the cash bonus opportunity percentage;




NOW THEREFORE, in consideration of the mutual covenants and promises, the parties agree as
follows:


1. Paragraph 3 of the Agreement (Remuneration), which reads in relevant part:



Following the end of each fiscal year, the Board may award a cash bonus to Dr. Marcus in an
amount up to 30% of Dr. Marcus’ current base salary for such year as determined by the Board in its
sole discretion.



     Shall be amended to reflect an increase in the cash bonus opportunity percentage to read:




Following the end of each fiscal year, the Board may award a cash bonus to Dr. Marcus in an
amount up to 40% of Dr. Marcus’ current base salary for such year as determined by the Board in its
sole discretion.


2. Except as expressly provided in this Amendment No. 2, the Agreement shall remain unmodified and
in full force and effect and is hereby ratified and confirmed. The execution, delivery, and
effectiveness of the Amendment No. 2 shall not, except as expressly provided herein, operate as a
waiver of any right, power, or remedy of Dr. Marcus or DUSA.




     IN WITNESS WHEREOF, the parties have duly executed this Amendment No. 2 to Employment
Agreement as of the latest date and year stated below.



	 	 	 	 	 	 	 	 	 
	ATTEST:	 	 	 	DUSA PHARMACEUTICALS, INC.	 	 
	 
	 	 	 	 	 	 	 	 
	/s/ Susan Tennent
 


	 	 
	 	By:
	 	/s/ Robert F. Doman
 

Robert F. Doman
	 	 
	 

	 	 	 	 	 	President and Chief Executive Officer	 	 
	 

	 	 	 	Dated:
	 	5-13-08	 	 
	 
	 	 	 	 	 	 	 	 
	WITNESS:	 	 	 	EMPLOYEE:	 	 
	 
	 	 	 	 	 	 	 	 
	/s/ Susan Tennent	 	 	 	/s/ Stuart L. Marcus	 	 
	 	 	 	 	 	 	 
	 	 	 	 	Stuart L. Marcus, M.D., Ph.D.	 	 
	 

	 	 	 	Dated:
	 	5/14/08
IN THE SUPREME COURT OF NORTH CAROLINA

No. 235PA21

Filed 22 March 2024

NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY, INC.

v.

LANIER LAW GROUP, P.A., and LISA LANIER

On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous decision

of the Court of Appeals, 277 N.C. App. 605 (2021), affirming an order granting 

summary judgment on 28 June 2019 by Judge Susan E. Bray in Superior Court, 

Guilford County. Heard in the Supreme Court on 21 February 2024.

Goldberg Segalla LLP, by David L. Brown and Martha P. Brown, for plaintiffappellee.

Pinto Coates Kyre & Bowers, PLLC, by Richard L. Pinto and Matthew J. 

Millisor, for defendant-appellants.

PER CURIAM.

Justice DIETZ did not participate in the consideration or decision of this case. 

The remaining members of the Court are equally divided, with three members voting 

to affirm and three members voting to reverse the decision of the Court of Appeals. 

Accordingly, the decision of the Court of Appeals is left undisturbed and stands 

without precedential value. See, e.g., Batson v. Coastal Res. Comm'n, 385 N.C. 328, 

892 S.E.2d 589 (2023) (per curiam) (affirming by an equally divided vote a Court of 
N.C. MUT. FARM BUREAU INS. CO. V. LANIER L. GRP., P.A.

Opinion of the Court

-2-

Appeals decision leaving it as law of the case without further precedential value); 

Templeton Props. LP v. Town of Boone, 368 N.C. 82, 772 S.E.2d 239 (2015) (same); 

Reese v. Barbee, 350 N.C. 60, 510 S.E.2d 374 (1999) (same).

AFFIRMED.
Exhibit 32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report on Form 10-Q of Cynosure, Inc. (the Company) for the period ended June 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), the
undersigned, Michael R. Davin, Chairman, President and Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, that, to his knowledge:



| | (1) | the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | ---------------------------------------------------------------------------------------------------------------------



| | (2) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                      |  |                                                
|--------------------- |  | -----------------------------------------------
|Date: August 11, 2008 |  | /s/ Michael R. Davin                           
|                      |  | Michael R. Davin                               
|                      |  | Chairman, President and Chief Executive Officer