alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court of Appeals

f or the Fifth Circuit

No. 19

- 60721 Summary Calendar

Mohammad Ridwannul Islam,

Petitioner ,

versus

Robert M. Wilkinson, Acting U.S. Attorney General ,
Respondent

.

Petition for Review of an Order of the Board of Immigration Appeals BIA No. A215 913 360

Before Haynes, Willett, and Ho, Circuit Judges

. Per Curiam : *

Mohammad Ridwannul Islam, a native and citizen of Bangladesh, appeals his order of removal. He contends that an adverse credibility finding is not supported by substantial evidence . He further contends that he has

* Pursuant to 5th Cir cuit R ule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir cuit R ule 47.5.4. United Stat es Court of Appeals Fifth Circuit 

### FILED February 19, 2021
Lyle W. Cayce Clerk Case: 19-60721 Document: 00515750575 Page: 1 Date Filed: 02/19/2021No. 19

- 60721

2 proved his asylum , withholding of removal, and Convention Against Torture
claims.
The Board of Immigration Appeals in this case affirmed an adverse credibility finding of the i mmigration j udge. The i mmigration j udge based this finding on observations such as conflicting statements, demeanor during testimony, a nd an apparent inability to provide details not already contained in a previously provided written statement.
We grant deference to an i mmigration j udge’s credibility
determination

. Wang v. Holder , 569 F. 3d 531, 536

- 38 (5th Cir. 2009). A credibility finding is proper if based on “ any inconsistency or omission

. . . as long as the totality of the circumstances ” supports the finding. Id

. at 538 (quoting Lin v. Mukasey , 534 F.3d 162, 167 (2d Cir. 2008)) We will not reverse a credibility det ermination unless the evidence compels it. See
Avelar

- Oliva v. Barr , 954 F.3d 757, 76 7 (5th Cir. 2020).

In this case, the i mmigration j udge cited to several inconsistencies or omissions. Reviewing the record, we are not compelled to find that Islam was

c redible. See Id

. Argument regarding the merits of Islam’s asylum and withholding claims is precluded by a lack of credible evidence . 8 U.S.C. § 1158(b)(1)(B);
Chun v. I.N.S. , 40 F.3d 76, 79 (5th Cir. 1994)

. Islam failed to exhaust his Convention Against Torture claim by failing to brief it in his appeal to the Board of Immigration Appeals. 1 Therefore, w e lack jurisdiction to consider
that claim. See Omari v. Holder , 562 F.3d 314, 351 (5th Cir. 2009).

1 The Board of Immigration Appeals noted that Islam failed to brief the Convention Against Torture issue, finding it waived. In our court, Islam d oes not challenge that conclusion , arguing only the merits of his CAT claim. Case: 19-60721 Document: 00515750575 Page: 2 Date Filed: 02/19/2021No. 19

- 60721

3 AFF IRMED in part; DISMISSED in part

. Case: 19-60721 Document: 00515750575 Page: 3 Date Filed: 02/19/2021
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Small Business Administration

The U.S. Small Business Administration, Georgia District Office Advisory Council, will hold a public meeting on Friday, March 9, 2001 at 9 a.m., at the Columbus Hilton, 800 Front Avenue, Columbus, Georgia 31901; to discuss matters as may be presented by members, staff of the U.S. Small Business Administration, or others present. 

For further information write or call Mr. Charles E. Anderson, District Director, U.S. Small Business Administration, 233 Peachtree Street, NE, Suite 1900, Atlanta, Georgia 30303; telephone (404) 331-0266. 

Nancyellen Gentile, 

Committee Management Officer. 

[FR Doc. 01-3404 Filed 2-8-01; 8:45 am] 

BILLING CODE 8025-01-P
2013- 1864.

#### D’Ambrosio v. State.

Cuyahoga App. No. 99520, 2013-Ohio-4472. Upon consideration of the jurisdictional memoranda filed in the case, the court accepts the appeal, and the decision of the court of appeals is reversed on the authority of *Mansaray v. State,*138 Ohio St.3d 277, 2014-Ohio-0750.

O’Connor, C.J., and Pfeifer, Lanzinger, Kennedy, and O’Neill, JJ., concur.

French, J.,

concurs in reversing the judgment of the court of appeals but would remand the cause for application of *Mansaray.*

O’Donnell, J., not participating.
Court of Appeals of the State of Georgia

Clerk's Office, Atlanta, May 18, 2022.

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, May 18, 2022

The Court of Appeals hereby passes the following order

A22D0363. FLORIDA ROCK INDUSTRIES, INC. v. CLAYTON COUNTY BOARD OF 

COMMISSIONERS et al. .

Upon consideration of the Application for Discretionary Appeal, it is ordered that it be 

hereby DENIED.

LC NUMBERS:

2020CV02046
Letter Agreement between the Company and Paul T. Brizzolara



 Exhibit 10.2 
 October 16, 2007 
 Dear Paul: 
 The Board of Directors of The Midland Company (“Company”) has decided to explore strategic alternatives for the Company, including the possible sale of the Company. 
 While the Board considers the alternatives, it is critical we continue to operate our business as we have in the past and meet our customers’ needs
at the highest levels. 
 As a key associate of the Company, your continued efforts during this interim period facilitating the
Company’s business and the possible sale of the Company are important to the Company and its shareholders. 
 Accordingly, if you
continue as an employee: (a) upon the closing of a sale of the Company (or of a controlling interest in the Company); or (b) if no sale of the Company (or of a controlling interest in the Company) occurs prior to July 19, 2008, then
the Company will pay to you a one-time payment, equal to $421,500. If your employment is terminated without cause prior to July 19, 2008, and you have not yet received the one-time payment described in this paragraph, then you will receive such
one-time payment upon termination. 
 You will be responsible for all taxes imposed with respect to this one-time payment. Additionally,
please note this payment is in lieu of any other severance arrangements currently available to you, and this letter is not a contract of employment. 
 By signing this letter and returning it to me, you agree to keep confidential and not to disclose (except to the extent required by law or as may be requested by an Officer of the Company) the existence of this
letter, the possibility of a sale transaction involving the Company, the identity of potential purchasers of the Company and any and all other information relating to the Company or the sale process. The Company’s obligations in this letter
will be subject to your compliance with the confidentiality obligations set forth in this paragraph. 
 We appreciate your continued efforts
on behalf of the Company and its shareholders. 
  

			
	Very truly yours,
	
	The Midland Company
		
	By:	 	/s/ Joseph P. Hayden III
		 	Joseph P. Hayden III


  

	
	
	
	/s/ Paul T. Brizzolara
	Paul T. Brizzolara

  

	
	
	10/16/2007
	Date
Independent
Auditors Consent

The Board of DirectorsPalatin Technologies, Inc.:

We consent to the incorporation by
reference in the registration statements (No. 333-33569, 333-56605, 333-64951, 333-72873,
333-84421, 333-52024, 333-54981, 333-74990, 333-100469, 333-101764, 333-104370) on Form
S-3 and in the registration statements (No. 333-57079, 333-83876) on Form S-8, of Palatin
Technologies, Inc. of our report dated September 19, 2003, with respect to the
consolidated balance sheets of Palatin Technologies, Inc. and subsidiaries as of June 30,
2003 and 2002, and the related consolidated statements of operations, stockholders
equity (deficit) and cash flows for the years then ended, and the period from January 28,
1986 (inception) through June 30, 2003, which report appears in the June 30, 2003, annual
report on Form 10-K of Palatin Technologies, Inc.

/s/ KPMG LLP

Philadelphia, PennsylvaniaSeptember
29, 2003
[Federal Register Volume 66, Number 4 (Friday, January 5, 2001)]
[Rules and Regulations]
[Pages 1045-1046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-346]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-00-134]


Drawbridge Operation Regulations; Anna Maria Bridge, Across the 
Gulf Intracoastal Waterway, Mile 89.2, Bradenton, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation from regulations.

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

SUMMARY: The Commander, Seventh Coast Guard District, has approved a 
temporary deviation from the regulations governing the operation of the 
Anna Maria bridge across the Gulf Intracoastal Waterway, mile 89.2, 
Bradenton, Florida. This temporary deviation allows the drawbridge 
owner or operator to open only a single leaf between 8 am and 4 pm, 
from January 1, 2001 through February 28, 2001. This temporary 
deviation is required to allow the bridge owner to safely complete 
repairs of the bridge.

DATES: This deviation is effective from January 1, 2001 to February 28, 
2001.

FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Chief, Operations 
Section, Seventh Coast Guard District, Bridge Section at (305) 415-
6743.

SUPPLEMENTARY INFORMATION: The Anna Maria bridge across the Gulf 
Intracoastal Waterway at Brandenton, is a double leaf bridge with a 
vertical clearance of 25 feet above mean high water (MHW) measured at 
the fenders in the closed position with a horizontal clearance of 90 
feet. On December 13, 2000, Florida Department of Transportation, the 
drawbridge owner, requested a

[[Page 1046]]

deviation from the current operating regulation in 33 CFR 117.5 which 
requires drawbridge to open promptly and fully when a request to open 
is given. This temporary deviation was requested to allow necessary 
repairs to the drawbridge in a critical time sensitive manner.
    The District Commander has granted a temporary deviation from the 
operating requirements listed in 33 CFR 117.35 for the purpose of 
repair completion of the drawbridge. Under this deviation, the Anna 
Maria Bridge need only open one leaf from 8 am until 4 pm, from January 
1, 2001 until February 28, 2001. Single leaf closures will occur 
intermittently during this time period.

    Dated: December 21, 2000.
Greg E. Shapley,
Chief, Bridge Administration, Seventh Coast Guard District.
[FR Doc. 01-346 Filed 1-4-01; 8:45 am]
BILLING CODE 4910-15-M
2014-0652.

#### State ex rel. Rittner v. [Bechtel].

In Mandamus. On answer of respondent. On S.Ct.Prac.R. 12.04 determination, cause dismissed.

Upon consideration of relator’s motions for leave to file all pleadings and documents handwritten according to S.Ct.Prac.R. 3.09(A)(1)(e), to order respondent to provide relator with a copy of the trust account or to waive requirements of R.C. 2969.25(C)(1), for order to waive all service requirements beyond the pleading stage by relator, under threat of physical and irreparable injury by Kevin Jones, Warden, and to order clerk to file S.Ct.Prac.R. 12.04(B)(2) “memorandum” together with relator’s objections, it is ordered by the court that the motions are denied as moot.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, and French, JJ., concur.

Kennedy and O’Neill, JJ., dissent and would grant an alternative writ.
IN THE SUPREME COURT

OF THE STATE OF MONTANA

Supreme Court No. DA 20-0480

KYLE R. BABCOCK, 

Plaintiff and Appellant,

v.

CASEY'S MANAGEMENT, LLC, 

Defendant and Appellee,

ORDER GRANTING 30-DAY EXTENSION

Upon motion of Reid J. Perkins, attorney for Casey's Management, LLC

("Casey's"), and good cause appearing and no objection by Opposing Counsel, 

IT IS HEREBY ORDERED that the Appellee is granted an extension to

March 5, 2021, in which to prepare, serve and file its Response to Appellants'

Opening Brief.

Dated this ___ day of February, 2021.

___________________________

Bowen Greenwood

Clerk of Montana Supreme Court

cc: Reid J. Perkins, Esq.

Quentin M. Rhoades, Esq.

Electronically signed by:

Bowen Greenwood

Clerk of the Supreme Court

February 1 2021

02/01/2021

Case Number: DA 20-0480
<PAGE>
                                                                  EXHIBIT 10.104

                                 PROMISSORY NOTE

Amount:     $48,575.00                                  Date: September 9, 1997

         For value received, I, Robert I. Weisberg (the "Maker"), a Director of
Environmental Power Corporation, a Delaware corporation (the "Company"), hereby
promise to pay the Company ON DEMAND the principal amount of Forty-Eight
Thousand Five Hundred Seventy-Five Dollars & 00/100 ($48,575.00) with interest
(computed on the basis of a 360 day year of twelve 30-day months) payable from
the date hereof on the unpaid balance of such principal amount, such interest to
be payable monthly.

         The interest payable on this Note shall track the Applicable Federal
"short-term monthly" Rate as defined in Section 1274(d) of the Internal Revenue
Code of 1954, as amended.

         As security for payments to be made by the Maker pursuant to this Note,
the Company shall retain custody of, and a security interest in, the certificate
or certificates representing 80,000 Shares of the Company's Common Stock, such
security interest to lapse at such time as all of the obligations of the Maker
under this Note have been satisfied in full or the Note has been canceled.

         The Company shall have full recourse against the Maker for collection
and payment of the debt evidenced by this Note and may seek personal judgment
against the Maker for payment of this Note.

         All or any part of the principal and accrued interest may be prepaid at
anytime without the payment of any penalty or premium.

         In case any payment herein provided shall not be paid when due, the
Maker further promises to pay all costs at collection, including all attorney's
fees.

         This Note shall be governed by and construed in accordance with the
laws of the State of New Hampshire and shall have the effect of a sealed
instrument.

         The Maker and all endorsers and guarantors of this Note hereby waive
presentment, demand, notice of nonpayment, protest and all other demands and
notices in connection with the delivery, acceptance, performance or enforcement
of the Note.

                                      Maker

                                      /s/Robert I. Weisberg
                                      ---------------------
                                      Robert I. Weisberg
<PAGE>   1
                                                                EXHIBIT 10.8.4

                                  AMENDMENT I
                                     OF THE
                              PULITZER RETIREMENT
                                  SAVINGS PLAN



        The Pulitzer Retirement Savings Plan (the "Plan") is amended as
follows, effective January 1, 1989.

        1.      The words "any other Affiliate which adopts the Plan with the
consent of the Board" are deleted from Section 1.11, and the following words
are inserted in lieu thereof:

                "any Affiliate or other entity in which the Company has an
                 ownership interest which thereafter adopts the Plan with the
                 consent of and subject to such terms and conditions as may be
                 prescribed by the Board".

        2.  The second sentence of Section 3.03 of the Plan is deleted and the
following new sentences are inserted in lieu thereof:

                "For Participants who are part-time Employees, the monthly
                 contribution will be determined by multiplying the
                 contribution which would otherwise be made by a fraction, the
                 numerator of which is the number of hours of Service credited
                 to the Participant in the immediately preceding Plan Year and
                 the denominator of which is 1,950.  For purposes of this
                 Section, a "part-time Employee" is a Participant who is not
                 expected to complete 1,950 hours of Service in a Plan Year and
                 who completed less than 1,950 hours of Service in the
                 immediately preceding Plan Year".



                                                PULITZER PUBLISHING COMPANY



Dated:  10-25-95                          By: /s/ Ronald H. Ridgway
       ---------                              -----------------------------
                                              Senior Vice-President of Finance
<PAGE>

                                  Exhibit 10.33

                         NON-NEGOTIABLE PROMISSORY NOTE


$20,000.00                                           Dated: September 17, 1997


                  FOR VALUE RECEIVED, the undersigned ("Maker") hereby promises
to pay to the order of Jan Wernick ("Lender"), at 524 Longacre Avenue, Woodmere,
NY 11598, upon the earlier of December 31, 1998 or the completion of a public
offering of its common stock, the principal sum of TWENTY THOUSAND ($20,000.00)
DOLLARS AND 00/100. Interest shall accrue from the date hereof at the rate of
twelve percent per annum (or at the highest rate permitted by law, if lower) on
the unpaid principal balance from time to time outstanding.

                  Payment of the principal of, and interest on, this Note shall
be payable at the aforesaid address in the lawful money of the United States of
America, or at such other place as the holder of this Note shall have designated
to the Maker in writing.

                  Maker waives presentment, protest, demand, and notice of
protest, of demand and of dishonor and of nonpayment of this Note and expressly
agrees that this Note, or any payment hereunder, may be extended from time to
time by Lender without in any way affecting the liability of Maker hereof.

                  This note is not negotiable or assignable by the Lender.

                  This Note will in all respects be governed by and construed in
accordance with the New York Uniform Commercial Code.


                                              ROYAL CANADIAN FOODS CORP.


                                              By:
                                                 -----------------------------
                                                 Sheldon Golumbia, President
**Exhibit 23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to the incorporation by reference in the Registration Statement (Form S-3 No. 333-64615) of American Land Lease,Inc. of our reports dated March 9, 2005, with respect to the consolidated financial statements and schedule of American Land Lease, Inc.; management’s assessment of the effectiveness of internal control over financial reporting; and theeffectiveness of internal control over financial reporting of American Land Lease, Inc., included in this Annual Report (Form 10-K) for the year ended December 31, 2004. 

 

/s/ Ernst & Young LLP 

Independent Registered Public Accountants 

 

Raleigh, North Carolina 

March 9, 2005
# FILED August 31, 1998 Cecil W. Crowson Appellate Cou rt Clerk IN THE COURT OF CRIMINA L APPEALS OF T ENNESSEE AT NASHVILLE AUGUST SESSION, 1998 STATE OF TENNESSEE, ) C.C.A. NO. 01C01-9710- CR-00490 ) Appellee, ) ) ) DAVIDSON COUNTY VS. ) ) HON. J. RANDALL WYATT ANDRE CHA MBERLAIN, ) JUDGE ) Appe llant. ) (Direct Ap peal)

FOR THE APPELLANT : FOR THE APPELLEE : ROBERT P. BALLI NGER JOHN KNOX WALKUP 601 Woodland Street Attorney Generaland Reporter Nashvill e, TN 37206 TIMOTHY F. BEHAN Assistant Attorney General 425 Fifth Avenu e North Nashvill e, TN 37243-0493 VICTOR S . JOHN SON Distri ct Attor ney General PAUL DEWITT Assistant Distri ct Attor ney Suit e 500, 222- 2nd Av enue N. Nashvill e, TN 37201-1649 OPINION FILED ________________________ AFFIRMED PURSU ANT TO RU LE 20 JERRY L . SMI TH, J UDGE-2- 

## OPINION
Appellant

was convi cted of

one count of possess ion wit h inten t to se ll; two counts of aggra vated assaul t; one count of disorde rly conduct ; one count of resisti ng arrest; and one c ount of evading arr est, fr om an incident wher e he walked away from poli ce afficers who approached t he group in whi ch he was standing. The trial court sen tenced Ap pellant to a total of 40 yea rs by running the possession and aggravated ass ault convi ctions consecu tivel y. The rema in ing convi ctions were run concu rrently. State v. Cha mbe rlain , C.C.A. No. 01C 01 - 950 9-Cr -00304, Davidson County (Tenn. Crim. App., Nashvill e, October 17, 1996).
On appeal this Court rul ed that the aggravated assa ult offe nses were simp le assaults, and remanded the assault por tion of t he case for res entencing. On remand, Appellant was sentenced to 11 months, 29 day s at 100 percent

for both assault convictions . The Cou rt ran the two assa ult sentences c onsecutive to each other and to the 20 year sentence for

the sale of

cocaine.
After a review of

the record, we affi rm the judgm ent of the trial court pursuant to Cour

t of Cri minal Appeals Rule20.
On appe al, Appellant contends his si mple assault conv iction s should not run consecutively to each other and to the 20 year sentence f or the saleof cocaine.-3- The trialcourt corr ectly orde red the s entenc es to run consecutively si nce this Court ruledin the i nitialappeal that Appellant’ s consecutive sentences were prope rly imposed. Cha mbe rlain , C.C.A.No. 01C01- 9509-Cr-00304 sl ip op at 5-6 This holdingis the l aw of this case.
Acco rdingly , we a ffir m the trialcourt’s judgment pursuant to Court of Criminal Appeal s Rule 20.

____________________________________ JERRY L . SMI TH, J UDGE
CONCUR:

___________________________________ DAVID H. WELLES , JUD GE

___________________________________ JOHN K. BYERS, SENIORJUDGE
Exhibit
10.5


New Hire
Authorization—Updated Appendix


Stock
options covering an aggregate of 100,000 shares of common stock were granted to
Carl Cohen on June 28, 2006 in connection with his appointment as President,
Marketing Services, and stock options covering an aggregate of 25,000 shares
were granted to Ronald Pearce on June 26, 2006 in connection with his
appointment as Vice President and Corporate Controller. Also, stock options
covering an aggregate of 30,000 shares of common stock were granted to one
non-executive officer employee on April 24, 2006.


All
such option grants were made under the Company’s New Hire Authorization as
inducements to entering into employment with the Company. All options granted
include a ten-year duration and an exercise price equal to the closing price of
Dendrite’s stock on the business day immediately preceding the date of grant.
The vesting schedule for the options is as follows: (i) twenty-five percent
(25%) of the options shall first become exercisable on the first anniversary of
date of grant and (ii) the remaining seventy-five percent (75%) shall become
exercisable pro rata over the following three (3) year period, on a monthly
basis, commencing on the first anniversary of the date of grant and ending on
the fourth anniversary of the date of grant.