alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Un ited Sta tes C ourt o f A ppea ls For the Seventh Ci rcui

t Chicago, Illinois 60604 May 24, 2001 Be fore Hon. W ILL IAM J. BA UER, Circuit Judge Hon. D AN IEL A . MA

NION, Circuit Judge Hon. D IAN

E P. WO OD, Circuit Judge No. 00-3020 JAMES K

ERSTING, Plaintiff- Appellant , v. WA L-MA RT STORES, INC., #602 5, a/k/a WA L-M AR T DISTRI BUTIO

N CEN TER and W AL -MA RT STOR

ES, INC., Defendant-Appellee
. Appeal from the Uni ted St ates District Cou rt f or th e W es tern Di stri ct of Wisco nsin. No. 99 C 0785 Stephen Crocker , Magistrate Judge
.

ORDER The Opini on of this court issued on May 18, 2001 should be am

ended as fol lows: Page 8, second paragraph, l in e 2, “m aterial ” should be ch

anged to “m aterial l y .”
Memorandum Opinion filed May 27 , 202 1 , Withdrawn , Appeal Permanently

Abated, and Abatement Order Filed September 14 , 2021.

In The 

## Fourteenth Court of Appeals

NO. 14

- 20

- 00470

- CR

MARTEL SHANIDI BLACK , Appellant

V.
THE STATE OF TEXAS , Appellee

On Appeal from the Co unty Crim inal C our t at Law No

. 5

Harris County, Texas Trial Court Cause No. 2224835

ABATEMENT ORDER
A jury convicted the appellant of assault and sentenced him to a term of confinement of 120 days in county jail. We issued a memorandum opinion on May 27, 2021 affirming the trial court’s judgment of conviction

. See Black v. State , No.
14

- 20

- 00470

- CR, 2021 WL 2153309 (Tex. App.

— Houston [14th Dist.] May 27, 2021, pet. dism’d) (mem. op., not designated for publication)

. Appellant died after the opinion was issued and before this court issued its mandate , while his petition2

for discretionary review was pending before the Court of Criminal Appeals

. The Court of Criminal Appeals accordingly dismissed the appellant’s petition and ordered the appeal permanently abated and our prior opinion withdrawn. Black v.
State , 2021 WL 3745362 (Tex. Crim. App. Aug. 25, 2021 , order ) (not designated for publication)

. The death of an appellant d uring the pendency of an appeal deprives this court of jurisdiction. See Ryan v. State , 891 S.W.2d 275 , 275 (Tex. Crim. App. 1994).
Accordingly, t his court’s opinion filed May 27, 2021 , is withdrawn, and the appeal is permanently abated

.

PER CURIAM

Panel consists of Justices Wise, Zimmerer, and Poissant.
exhibit_10-10.htm








EXHIBIT 10.10












Stock Options












This exhibit summarizes below the stock options of Advanced Medical Isotope Corporation (i) outstanding as of December 31, 2010 and (ii) outstanding as of December 2, 2011, that have been issued to its directors, executive officers, and employees for compensatory purposes.  All of the options were issued in connection with services.







Outstanding as of December 31, 2010








	
Optionee

	
Number of Shares

	
Exercise Price


Per Share

	
Issue Date

	
Expiration Date


	
Carlton Cadwell


Director


 

	
100,000

	 	
$.55

	
11/26/08

	
11/26/11


	
Bruce Jolliff


CFO

	
1,500,000


50,000


 

	 	
$.50


$.55

	
5/16/07


11/26/08

	
5/16/12


11/26/11


	
James Katzaroff


Chairman and CEO


 

	
100,000

	 	
$.55

	
11/26/08

	
11/26/11


	
Bruce Ratchford


Director


 

	
50,000

	 	
$.40

	
11/16/10

	
11/16/13


 


	
Michael Korenko


Former Director

	
200,000


500,000

	 	
$.26


$.27

	
5/8/09


8/6/09

	
5/8/12


8/6/12


 


	
Dr. Fu Min-Su


Chief Radiochemist


 

	
50,000

	 	
$.55

	
11/26/08

	
11/26/11


	
Employee


 

	
100,000

	 	
$.50

	
7/29/08

	
7/29/11


	
Employees (5)


(total number of shares shown)


 

	
125,000

	 	
$.55

	
11/26/08

	
11/26/11












 


 


 




 




  





1











  








Outstanding as of December  2, 2011








	
 


Optionee

	
Number of Shares

	
Exercise Price


Per Share

	
 


Issue Date

	
Expiration Date


	
Carlton Cadwell


Director


 

	
250,000

	 	
$.30

	
1/14/11

	
1/12/14


	
Bruce Jolliff


CFO

	
1,500,000


250,000


 

	 	
$.50


$.30

	
5/16/07


1/14/11

	
5/16/12


1/12/14


	
James Katzaroff


Chairman and CEO


 

	
250,000

	 	
$.30

	
1/14/11

	
1/12/14


	
Bruce Ratchford


Director


 

	
50,000


250,000


1,000,000

	 	
$.40


$.30


$.20

	
11/16/10


1/14/11


7/6/11

	
11/16/13


1/12/14


7/6/12


 


	
Michael Korenko


Former Director

	
200,000


500,000

	 	
$.26


$.27

	
5/8/09


8/6/09

	
5/8/12


8/6/12


 


	
Dr. Fu Min-Su


Chief Radiochemist


 

	
100,000

	 	
$.30

	
1/14/11

	
1/12/14


	
Employees (8)


(total number of shares shown)


 

	
120,000

	 	
$.30

	
1/14/11

	
1/12/14









 


 


 


 


 


 


 


 


 


 


 


 


 


 


 



2
##### 



Exhibit 31.2
 Certification of Chief Financial Officer pursuant to Rule 13a-14(a) / Rule 15d-14(a),
promulgated under the Securities Exchange Act of 1934, as amended.
  1.
    
    I have reviewed this quarterly report on Form 10-Q of Encysive Pharmaceuticals Inc.;2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material fact
or omit to state a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading with respect to the period
covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this report, fairly present in all material respects the financial condition, results of
operations and cash flows of the registrant as of, and for, the periods presented in this
report;4.
    
    The registrants other certifying officer(s) and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules
13a-15(f) and 15d-15(f)) for the registrant and have:
     5.
    
    The registrants other certifying officer(s) and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the




---



##### 



November 8, 2005
 /s/ Stephen L. MuellerStephen L. MuellerVice President, Finance & AdministrationSecretary & Treasurer(Acting Principal Financial Officer)
  2
**Exhibit 32.2****CERTIFICATION**     The undersigned officer of DATATRAK International, Inc. (the “Company”), does hereby certify,to such officer’s knowledge, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that: 1. the Company’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2007 (the“Form 10-Q”) fully complies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and  2. the information contained in the Form 10-Q fairly presents, in all material respects, thefinancial condition and results of operations of the Company as of, and for, the periodspresented in the Form 10-Q.        Dated: November 9, 2007 /s/ Raymond J. Merk   Raymond J. Merk   Chief Financial Officer  
26
Earnings relative to those of lost job, workers displaced 
in 2005-07 who were reemployed in January 2008


		
					 Number of workers 
					 (in thousands)	

20 percent or more above			306	
Equal or above, but within 20 percent		488	
Below, but within 20 percent			283	
20 percent or more below			362
Healthcare practitioners and technical workers

This occupational group includes chiropractors, dentists, 

pharmacists, physicians, surgeons, health diagnosing and 

treating practitioners, therapists, veterinarians, registered 

nurses, health technologists and technicians, and occupational 

health and safety specialists.

Cognitive and mental requirements

The qualifications that workers need to use judgment, make 

decisions, interact with others, and adapt to changes in jobs.

In 2023, more than basic people skills were required for 92.1 

percent of healthcare practitioners and technical workers, and 

basic people skills were required for 7.9 percent.

Table 1. Percentage of healthcare practitioners and technical workers with cognitive and mental 

requirements, 2023

Requirement Yes No

Pace: Pause control 40.9 59.1

Interaction with general public 96.7 3.3

Working around crowds 1.0 99.0

Telework 1.9 98.1

Work review: Supervising others 21.5 78.5

Work review: Presence of supervisor 62.7 37.3

Source: U.S. Bureau of Labor Statistics, Occupational Requirements Survey

Education, training, and 

experience 

requirements

The minimum level of 

formal education required, 

credentials necessary, onthe-job training, and prior 

work experience necessary 

for average performance in 

jobs.

In 2023, credentials were 

required for 91.4 percent of 

healthcare practitioners 

and technical workers. Prior 

work experience was 

required for 39.1 percent 

and on-the-job training was 

required for 72.3 percent.
Occupational Requirements Survey ●www.bls.gov/ors ●orsinfo@bls.gov ●202.691.6199

Environmental conditions

The various tangible or concrete 

hazards or difficulties that are in the 

vicinity of where jobs’ critical tasks are 

performed.

In 2023, greater than 99.5 percent of 

healthcare practitioners and technical 

workers were not exposed to extreme 

cold, and greater than 99.5 percent 

were not exposed to extreme heat. 

Wetness was not present for 26.3 

percent, greater than 99.5 percent 

were not exposed to heavy vibrations, 

and 92.7 percent were not exposed to 

the outdoors.

Physical demands

Refer to the physical activities required 

to perform tasks in jobs. The presence 

and, in some cases, duration of these 

activities are published.

In 2023, keyboarding was required for 

96.5 percent of healthcare 

practitioners and technical workers 

and was not required for 3.5 percent.

Performing work in low postures was 

required for 73.3 percent of healthcare 

practitioners and technical workers 

and was not required for 26.7 percent.

The choice to sit or stand when 

performing critical tasks was available 

to 30.8 percent of healthcare 

practitioners and technical workers. On average, workers spent 36.7 percent of the workday sitting and 63.3 percent of 

the workday standing.

Table 2. Percentage of healthcare practitioners and technical workers with physical demands, 

2023

Requirement Yes No

Choice of sitting or standing 30.8 69.2

Driving 11.1 88.9

Climbing structure-related ramps or stairs 13.9 86.1

Source: U.S. Bureau of Labor Statistics, Occupational Requirements Survey
##### 



Exhibit 31.1
 Certification pursuant to Rule 13a-14(a) / Rule 15d-14(a), promulgated under the 
Securities Exchange Act of 1934, as amended.
  1.
    
    I have reviewed this quarterly report on Form 10-Q of Encysive Pharmaceuticals Inc.;2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material fact
or omit to state a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading with respect to the period
covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this report, fairly present in all material respects the financial condition, results of
operations and cash flows of the registrant as of, and for, the periods presented in this
report;4.
    
    The registrants other certifying officer(s) and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules
13a-15(f) and 15d-15(f)) for the registrant and have:
     5.
    
    The registrants other certifying officer(s) and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the




---



##### 



/s/ George W. ColeGeorge W. Cole
President and Chief Executive Officer
 2
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 20-10634

Non-Argument Calendar

________________________

D.C. Docket No. 1:16-cr-20652-UU-1

UNITED STATES OF AMERICA, 

 Plaintiff-Appellee,

versus

ROBERT LEWIS MORGAN,

a.k.a. Albert Johnson

a.k.a. Arthur Wilson

a.k.a. Edward Jones,

 Defendant-Appellant.

________________________

Appeal from the United States District Court

for the Southern District of Florida

________________________

(June 29, 2020)

Case: 20-10634 Date Filed: 06/29/2020 Page: 1 of 3
2

Before WILSON, GRANT, and LUCK, Circuit Judges.

PER CURIAM: 

Robert Lewis Morgan, a federal prisoner proceeding pro se, appeals the 

district court’s denial of his Federal Rule of Civil Procedure 60(b) motion in which 

he sought to challenge his criminal convictions based on alleged Fourth and Fifth 

Amendment violations. But, on appeal, Morgan does not argue about the alleged

Fourth and Fifth Amendment violations at all, much less challenge the bases for 

the district court’s denial. Instead he argues, for the first time on appeal, that his 

counsel was ineffective in violation of the Sixth Amendment because counsel

advised him to plead guilty to “knowingly” committing crimes when Morgan had 

not in fact acted “knowingly.” He claims that he is innocent. For the following 

reasons, we affirm.

To start, “[i]t is well established in this circuit that, absent extraordinary 

circumstances, legal theories and arguments not raised squarely before the district 

court cannot be broached for the first time on appeal.” Bryant v. Jones, 575 F.3d 

1281, 1308 (11th Cir. 2009). As Morgan did not raise his ineffective assistance or 

innocence arguments before the district court in his motion, we will not consider 

them for the first time on appeal.

Further, “when an appellant fails to challenge properly on appeal . . . the 

grounds on which the district court based its [decision], he is deemed to have 

Case: 20-10634 Date Filed: 06/29/2020 Page: 2 of 3
3

abandoned any challenge of [those] ground[s],” and affirmance is due. United

States v. King, 751 F.3d 1268, 1277 (11th Cir. 2014) (per curiam) (alteration

adopted). Here, the district court denied Morgan’s motion because “Rule 60(b) 

simply does not provide relief from judgment in a criminal case” and Morgan was 

“attempting to circumvent filing an amended pleading in his pending 28 U.S.C. 

§ 2255 case.” Morgan did not challenge properly on appeal either of those 

grounds. Therefore, he has abandoned any challenge of them, and we affirm.

AFFIRMED.

Case: 20-10634 Date Filed: 06/29/2020 Page: 3 of 3
[Federal Register Volume 82, Number 166 (Tuesday, August 29, 2017)]
[Notices]
[Page 41014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18238]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EF17-2-000; EF17-3-000; EF17-4-000]


Bonneville Power Administration: Notice of Filing

    Take notice that on August 7, 2017, Bonneville Power Administration 
submitted an errata to its July 31, 2017 tariff filing per: BP-18 Power 
and Transmission Rates.
    Any person desiring to intervene or to protest this filing must 
file in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be 
considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make protestants parties to the 
proceeding. Any person wishing to become a party must file a notice of 
intervention or motion to intervene, as appropriate. Such notices, 
motions, or protests must be filed on or before the comment date. On or 
before the comment date, it is not necessary to serve motions to 
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an 
original and 5 copies of the protest or intervention to the Federal 
Energy Regulatory Commission, 888 First Street NE., Washington, DC 
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the 
``eLibrary'' link and is available for review in the Commission's 
Public Reference Room in Washington, DC. There is an eSubscription link 
on the Web site that enables subscribers to receive email notification 
when a document is added to a subscribed docket(s). For assistance with 
any FERC Online service, please email <a href="/cdn-cgi/l/email-protection#84c2c1d6c7cbeae8edeae1d7f1f4f4ebf6f0c4e2e1f6e7aae3ebf2"><span class="__cf_email__" data-cfemail="0b4d4e594844656762656e587e7b7b64797f4b6d6e7968256c647d">[email protected]</span></a>, or 
call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.
    Comment Date: 5:00 p.m. Eastern Time on August 30, 2017.

    Dated: August 23, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-18238 Filed 8-28-17; 8:45 am]
 BILLING CODE 6717-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
<table class="regular" id="BLStable_2022_2_2_19_19" style="width: 95%;"><caption><span class="tableTitle">Chart 7. Percentage of mothers with access to family-friendly benefits, by part-time and full-time status and occupational group</span></caption>
<thead>
<tr>
<th style="vertical-align: middle; min-width: 80px;" rowspan="1" scope="col">Benefit</th>
<th style="text-align: center; vertical-align: middle;" scope="col">Occupational group</th>
<th scope="col">Full time</th>
<th scope="col">Part time</th>
</tr>
</thead>
<tbody>
<tr>
<th style="vertical-align: middle;" rowspan="3" scope="row">
<p class="sub0">Access to work at home</p>
</th>
<td style="text-align: left;">Managerial and professional</td>
<td style="text-align: right;">47.7</td>
<td style="text-align: right;">29.3</td>
</tr>
<tr class="greenbar">
<td style="text-align: left;">Service</td>
<td style="text-align: right;">8.1</td>
<td style="text-align: right;">5.3</td>
</tr>
<tr>
<td style="text-align: left;">Sales and office</td>
<td style="text-align: right;">32.5</td>
<td style="text-align: right;">32.0</td>
</tr>
<tr class="greenbar">
<th style="vertical-align: middle;" rowspan="3" scope="row">
<p class="sub0">Has paid leave</p>
</th>
<td style="text-align: left;">Managerial and professional</td>
<td style="text-align: right;">84.0</td>
<td style="text-align: right;">42.7</td>
</tr>
<tr>
<td style="text-align: left;">Service</td>
<td style="text-align: right;">56.1</td>
<td style="text-align: right;">18.4</td>
</tr>
<tr class="greenbar">
<td style="text-align: left;">Sales and office</td>
<td style="text-align: right;">76.5</td>
<td style="text-align: right;">28.0</td>
</tr>
<tr>
<th style="vertical-align: middle;" rowspan="3" scope="row">
<p>Can adjust work hours</p>
</th>
<td style="text-align: left;">Managerial and professional</td>
<td style="text-align: right;">56.1</td>
<td style="text-align: right;">56.0</td>
</tr>
<tr class="greenbar">
<td style="text-align: left;">Service</td>
<td style="text-align: right;">44.2</td>
<td style="text-align: right;">56.7</td>
</tr>
<tr>
<td style="text-align: left;">Sales and office</td>
<td style="text-align: right;">53.5</td>
<td style="text-align: right;">67.9</td>
</tr>
<tr class="greenbar">
<th style="vertical-align: middle;" rowspan="3" scope="row">
<p>Advanced schedule notice <nobr>(4+ weeks)</nobr></p>
</th>
<td style="text-align: left;">Managerial and professional</td>
<td style="text-align: right;">76.8</td>
<td style="text-align: right;">59.4</td>
</tr>
<tr>
<td style="text-align: left;">Service</td>
<td style="text-align: right;">52.5</td>
<td style="text-align: right;">43.4</td>
</tr>
<tr class="greenbar">
<td style="text-align: left;">Sales and office</td>
<td style="text-align: right;">67.4</td>
<td style="text-align: right;">50.5</td>
</tr>
</tbody>
<tfoot id="BLStable_2022_2_2_19_19_footnotes" style="display: table-footer-group;">
<tr class="footnotes">
<td class="footnotes" colspan="4">
<p>Note: Data include all wage and salary working mothers living with their children under age 18.</p>
<p>Source: 2017–18 American Time Use Survey Leave and Job Flexibilities Module.</p>
</td>
</tr>
</tfoot>
</table>
<p></p>
exv10w97





Exhibit 10.97









September 9, 2011




Mr. Barry Willingham

Smith & Wesson Holding

2100 Roosevelt Avenue

Springfield, MA 01104





Re: Letter of Amendment



Dear Mr. Willingham:



We are parties to a Severance and Change in Control Agreement dated as of March 9, 2011 (the
“Agreement”). This will confirm the amendment to the Agreement to delete Clause (a) of Section 3
of the Agreement effective on the execution of this Letter of Amendment. Except for this change,
the Agreement shall remain in full force and effect.



	 	 	 	 	 
	 	Sincerely,



Smith & Wesson Holding Corporation

 	 
	 	By:  	/s/ Jeffrey D. Buchanan
 	 




Agreed and Accepted:



	 	 	 
	/s/ Barry Willingham
 

Barry Willingham

	 	 






2100 Roosevelt Avenue • PO Box 2208 • Springfield, MA 01102-2208 • 1-800-331-0852 • www.smith-wesson.com
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 602 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 602

 To amend title 38, United States Code, to consider certain time spent 
 by members of reserve components of the Armed Forces while receiving 
medical care from the Secretary of Defense as active duty for purposes 
  of eligibility for Post-9/11 Educational Assistance, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 26, 2015

Mr. Wyden (for himself and Mr. Boozman) introduced the following bill; 
which was read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
 To amend title 38, United States Code, to consider certain time spent 
 by members of reserve components of the Armed Forces while receiving 
medical care from the Secretary of Defense as active duty for purposes 
  of eligibility for Post-9/11 Educational Assistance, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``GI Bill Fairness Act of 2015''.

SEC. 2. CONSIDERATION OF CERTAIN TIME SPENT RECEIVING MEDICAL CARE FROM 
              SECRETARY OF DEFENSE AS ACTIVE DUTY FOR PURPOSES OF 
              ELIGIBILITY FOR POST-9/11 EDUCATIONAL ASSISTANCE.

    (a) In General.--Section 3301(1)(B) of title 38, United States 
Code, is amended by inserting ``12301(h),'' after ``12301(g),''.
    (b) Retroactive Application.--The amendment made by subsection (a) 
shall apply as if such amendment were enacted immediately after the 
enactment of the Post-9/11 Veterans Educational Assistance Act of 2008 
(Public Law 110-252).
                                 <all>
```