alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### HALL *&*BRISCOE, Inc., v. STATE et al.

No. 23142.

Feb. 26, 1935.

George M. Nicholson, for plaintiff in error.

Ralph Thompson and Edwin Dabney, Pro-ration Atty., for defendants in error.

PHELPS, J.

The proration umpire filed a complaint against Hall & Briscoe, Inc., charging violations of orders of the Commission, No. 5369 and No. 5374, in that said company allowed its oil well in the Oklahoma City field to flow and produce oil from December 26, 1930, to January 17, 1931, the same being contrary to the provisions of said order concerning the period of time set forth therein in which a well should remain shut down, following its first production. Separate affidavits and complaints were lodged as to each day on which the well was allowed to flow, but by stipulation the parties tried the instant cause and agreed that the entire 22 causes should be controlled before the Commission and in the Supreme Court by the order and judgment finally prevailing- in this cause. The Corporation Commission found the defendant guilty and assessed a fine of $200; accordingly, the same fine applies to each a the other causes, resulting in a total fine of $4,400.

Among other things urged by appellant, it is insisted that the orders of the Commission made for the period in question are void, since they were made without notice.

A stipulation filed in this court by the parties hereto is to the effect that the issues of law and fact in this cáse are identical with those in the case of H. F. Wilcox Oil & Gas Co. v. Walker et al., 169 Okla. 33, 35 P. (2d) 893, which opinion was filed September 11, 1934, subsequent to the filing of the appeal and briefs herein. It is further stipulated that the decision in that case is governing in this case.

Therefore, upon the authority of said case, the orders of the Corporation Commission in its causes.Nos. 10521, 10522, 10523, 10524, 10525, 10526, 10527, 10532, 10533, 10534, 10535, 10536, 10537, 10538, 10539, 10540, *62010541, 10542, 10543, 10544, 10545, ancl 10540, fining the appellant $200 in each of said causes, are vacated and the cause remanded, with directions to dismiss the same.

McNEILL, C. J., and RILEY, BUSBY, and GIBSON, JJ., concur.
[Federal Register Volume 66, Number 35 (Wednesday, February 21, 2001)]
[Notices]
[Page 11012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4239]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER01-545-001]


Duke Energy Lee, LLC; Notice of Issuance of Order

February 14, 2001.
    Duke Energy Lee, LLC (Duke Lee) submitted for filing a rate 
schedule under which Duke Lee will engage in wholesale electric power 
and energy transactions at market-based rates. Duke Lee also requested 
waiver of various Commission regulations. In particular, Duke Lee 
requested that the Commission grant blanket approval under 18 CFR Part 
34 of all future issuances of securities and assumptions of liability 
by Duke Lee.
    On February 9, 2001, pursuant to delegated authority, the Director, 
Division of Corporate Applications, Office of Markets, Tariffs and 
Rates, granted requests for blanket approval under Part 34, subject to 
the following:
    Within thirty days of the date of the order, any person desiring to 
be heard or to protest the blanket approval of issuances of securities 
or assumptions of liability by Duke Lee should file a motion to 
intervene or protest with the Federal Energy Regulatory Commission, 888 
First Street, NE., Washington, DC 20426, in accordance with Rules 211 
and 214 of the Commission's Rules of Practice and Procedure (18 CFR 
385.211 and 385.214).
    Absent a request for hearing within this period, Duke Lee is 
authorized to issue securities and assume obligations or liabilities as 
a guarantor, indorser, surety, or otherwise in respect of any security 
of another person; provided that such issuance or assumption is for 
some lawful object within the corporate purposes of the applicant, and 
compatible with the public interest, and is reasonably necessary or 
appropriate for such purposes.
    The Commission reserves the right to require a further showing that 
neither public nor private interests will be adversely affected by 
continued approval of Duke Lee's issuances of securities or assumptions 
of liability.
    Notice is hereby given that the deadline for filing motions to 
intervene or protests, as set forth above, is March 12, 2001.
    Copies of the full text of the Order are available from the 
Commission's Public Reference Branch, 888 First Street, NE., 
Washington, DC 20426. The Order may also be viewed on the Internet at 
http://www.ferc.fed.us/online/rims.htm (call 202-208-2222 for 
assistance).

Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 01-4239 Filed 2-20-01; 8:45 am]
BILLING CODE 6717-01-M
* Pursuant to 5 TH C IR . R. 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 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED October 5, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-50630 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JOSE RENE RAMOS-CARABANTES, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 2:04-CR-535-1

-------------------- Before JONES, Chief Judge, and SMITH and STEWART, Circuit Judges.
PER CURIAM: *Appealing the Judgment in a Criminal Case, Jose Rene RamosCarabantes raises arguments that are foreclosed by United States v. Rueda-Rivera , 396 F.3d 678, 680 (5th Cir. 2005), which held that the admission of a certificate of nonexistence of record, which reflected that the deported defendant had not received consent to reenter the United States, did not violate a defendant's rights under the Confrontation Clause. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998             DEC-31-1997
<PERIOD-START>                             JAN-01-1998             JAN-01-1997
<PERIOD-END>                               MAR-31-1998             MAR-31-1997
<CASH>                                         151,203                 148,272
<SECURITIES>                                         0                       0
<RECEIVABLES>                                        0                   1,706
<ALLOWANCES>                                         0                       0
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                                     0                       0
<PP&E>                                       2,516,251               2,972,413
<DEPRECIATION>                                       0                       0
<TOTAL-ASSETS>                               2,675,436               3,131,699
<CURRENT-LIABILITIES>                                0                       0
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                             0                       0
<OTHER-SE>                                   2,675,436               3,131,699
<TOTAL-LIABILITY-AND-EQUITY>                 2,675,436               3,131,699
<SALES>                                              0                       0
<TOTAL-REVENUES>                                 1,932                   1,311
<CGS>                                                0                       0
<TOTAL-COSTS>                                        0                       0
<OTHER-EXPENSES>                                13,448                  16,895
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                   0                       0
<INCOME-PRETAX>                               (11,516)                (15,584)
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                           (11,516)                (15,584)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                  (11,516)                (15,584)
<EPS-PRIMARY>                                        0                       0
<EPS-DILUTED>                                        0                       0
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE>                     5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              JUN-30-2000
<PERIOD-START>                                 OCT-01-1999
<PERIOD-END>                                   DEC-31-1999
<CASH>                                         185,181
<SECURITIES>                                    30,176
<RECEIVABLES>                                5,122,172
<ALLOWANCES>                                         0
<INVENTORY>                                     31,740
<CURRENT-ASSETS>                             5,471,602
<PP&E>                                         176,055
<DEPRECIATION>                                 (72,156)
<TOTAL-ASSETS>                               5,582,701
<CURRENT-LIABILITIES>                       10,054,584
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     72,086
<COMMON>                                     1,454,888
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 5,582,701
<SALES>                                      3,249,818
<TOTAL-REVENUES>                             3,249,818
<CGS>                                        3,672,418
<TOTAL-COSTS>                                3,672,418
<OTHER-EXPENSES>                               613,925
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               4,002
<INCOME-PRETAX>                             (1,036,525)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                         (1,036,525)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                (1,036,525)
<EPS-BASIC>                                     (.01)
<EPS-DILUTED>                                     (.01)



</TABLE>
I

103D CONGRESS

1ST SESSION H. R. 1698

To prohibit Members of the House of Representatives from using official

funds for the production or mailing of newsletters; to reduce by 50

percent the amount which may be made available for the Official Mail

Allowance of any such Member, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 5, 1993

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

Committee on House Administration

A BILL

To prohibit Members of the House of Representatives from

using official funds for the production or mailing of

newsletters; to reduce by 50 percent the amount which

may be made available for the Official Mail Allowance

of any such Member, 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. PROHIBITION OF THE USE OF OFFICIAL FUNDS

4 BY MEMBERS OF THE HOUSE OF REPRESENT5 ATIVES FOR NEWSLETTERS.

6 Notwithstanding any other law or any rule or other

7 authority, a Member of the House of Representatives may
2

•HR 1698 IH

1 not use any official funds for the production or mailing

2 of a newsletter.

3 SEC. 2. REDUCTION RELATING TO THE OFFICIAL MAIL AL4 LOWANCE.

5 (a) IN GENERAL.—Section 311(e)(2)(B)(i) of the

6 Legislative Branch Appropriations Act, 1991 (2 U.S.C.

7 59e(e)(2)(B)(i)) is amended by striking ‘‘3’’ and inserting

8 ‘‘1.5’’.

9 (b) EFFECTIVE DATE.—The amendment made by

10 subsection (a) shall apply with respect to sessions of Con11 gress beginning with the first regular session of Congress

12 beginning after the date of the enactment of this Act.

13 SEC. 3. UNOBLIGATED FUNDS TO BE APPLIED TOWARD

14 DEFICIT REDUCTION.

15 Any unobligated funds remaining in the Official Mail

16 Allowance of a Member of the House of Representatives

17 at the end of a session of Congress shall be deposited into

18 the general fund of the Treasury of the United States and

19 applied toward the reduction of the Federal budget deficit.

20 SEC. 4. DEFINITIONS.

21 For the purpose of this Act—

22 (1) the term ‘‘Member of the House of Rep23 resentatives’’ means a Representative in, or a Dele24 gate or Resident Commissioner to, the Congress;

25 and
3

•HR 1698 IH

1 (2) the term ‘‘newsletter’’ means any congres2 sional newsletter, as referred to in section

3 3210(a)(3)(B) of title 39, United States Code.

Æ
#### UNITED STATES of America, Plaintiff-Appellee, v. Ali Agllah ALBWUL, Defendant-Appellant.

No. 09-55292.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 6, 2010.*

Filed Dec. 14, 2010.

Judith Heinz, Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellee.

Michael J. Raphael, Esquire, Assistant U.S. Attorney, Office of the U.S. Attorney Los Angeles, CA, for Defendant-Appellant.

*133Before: PREGERSON, CLIFTON, and BEA, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Ali Agllah Albwul (“Albwul”), a native and citizen of Jordan, appeals the district court’s denial of his motion to vacate, set aside, or correct a sentence by a person in federal custody pursuant to 28 U.S.C. § 2255. Because Albwul was removed from the United States to Jordan on May 13, 2010, he is no longer “in federal custody” and his § 2255 motion is moot.

“Immigrants who have already been removed ... do not satisfy the ‘in custody’ requirement of habeas corpus jurisdiction.” *Miranda v. Reno,*238 F.3d 1156, 1159 (9th Cir.2001). But if an alien files a habeas petition *prior*to his removal from the United States, his subsequent removal does not moot the case if there are “collateral consequences arising from the deportation that create concrete legal disadvantages.” *Zegarra-Gomez v. INS,*314 F.3d 1124, 1125 (9th Cir.2003). Still, “where the grounds for habeas relief will not redress collateral consequences, a habeas petition does not continue to present a live controversy once the petitioner is released from custody.” *Abdala v. INS,*488 F.3d 1061, 1064 (9th Cir.2007).

Though Albwul filed his § 2255 habeas petition prior to his removal to Jordan, the relief he seeks-rescission of a stipulated judicial order of removal — would not redress the collateral consequences of his deportation. His convictions on two controlled substance — related felonies render him permanently inadmissible to the United States. 8 U.S.C. § 1182(a)(2)(A)(i)(II). Albwul also admitted to entering into a fraudulent marriage to obtain permanent resident status, rendering him inadmissible to the United States pursuant to 8 U.S.C. § 1182(a)(6)(C)®. Because Albwul is permanently barred from the United States on holly separate grounds, rescission of the stipulated order of removal cannot meaningfully affect his admissibility and hence cannot serve as a collateral consequence that would prevent mootness.

We therefore DISMISS the appeal of the denial of Albwul’s 28 U.S.C. § 2255 motion as moot.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
<TABLE>
<CAPTION>
<S>  <C>
EXHIBIT 11.1

PLUMA, INC.

Computation of Earnings Per Common Share
--------------------------------------------------------------------------------

                                                                      (Unaudited)
                                                                     Three Months
                                                                    Ended March 31
                                                                 1998             1997

Income (loss) available to common shareholders:    
  Net income (loss) available to common shareholders:       $  (881,683)       $  864,435
                                                            -----------        ----------
Weighted average common shares outstanding:
  Common shares outstanding                                   8,109,152         5,899,185
  Assumed exercise of stock options                         -----------        ----------
    Total                                                     8,109,152         5,899,185
                                                            -----------        ----------

Earnings (loss) per common share and common 
  equivalent - basic and diluted                            $      (.11)       $      .15
                                                            -----------        ----------






</TABLE>

                                       12
<Page>

                                                                   Exhibit 10.23

                         Metaphore Pharmaceuticals, Inc.
                           One Bridge Plaza, Suite 500
                               Fort Lee, NJ 07024

                                                               December 28, 2005

ActivBiotics, Inc.
110 Hartwell Avenue
Lexington, MA 02421

Ladies and Gentlemen:

     Reference is hereby made to the Agreement and Plan of Merger and
Reorganization, dated as of December 7, 2005 ("Merger Agreement") by and among
ActivBiotics, Inc., Metaphore Acquisition Co., Metaphore Pharmaceuticals, Inc.
and the Stockholder Representatives party thereto (collectively, the "Parties").
Capitalized terms used herein but not otherwise defined herein shall have such
meanings as defined in the Merger Agreement.

     Notwithstanding anything to the contrary contained in the Merger Agreement,
the Parties hereby agree as follows:

     1. The current action entitled Daniela Salvemini PhD vs. Metaphore
Pharmaceuticals, Inc. and Alan W. Dunton M.D. (Superior Court of New Jersey,
Bergen County (Docket No. L-2076-05) (the "Salvemini Matter"), set forth on
Schedule 6.17 of the Company Disclosure Schedule shall be considered a D&O Claim
for which ABI and the Surviving Corporation shall indemnify and hold harmless
Alan W. Dunton, M.D., in accordance with Section 8.12 of the Merger Agreement.
The Parties further agree that if at any time ABI or the Surviving Corporation
is required to provide indemnification to Mr. Dunton pursuant to Section 8.12 of
the Merger Agreement in connection with the Salvemini Matter, then ABI or the
Surviving Corporation shall have the right to make a claim for indemnification
therefor pursuant to Section 13.3 of the Merger Agreement.

     2. Except as modified hereby the Merger Agreement remains in full force and
effect.

[SIGNATURE PAGE TO FOLLOW]

<Page>

     Please confirm your agreement to the foregoing by signing the enclosed
duplicate of this letter.

ABI:

ACTIVBIOTICS, INC.


By: /s/ STEVEN C. GILMAN
    ---------------------------------
    Name: Steven C. Gilman
    Title: President & CEO


Merger Sub:

METAPHORE ACQUISITION CO.


By: /s/ STEVEN C. GILMAN
    ---------------------------------
    Name: Steven C. Gilman
    Title: President


Company:

METAPHORE PHARMACEUTICALS, INC.


By: /s/ Alan W. Dunton M.D.
    ---------------------------------
    Name: ALAN W. DUNTON M.D.
    Title: President & CEO
I

103D CONGRESS

1ST SESSION H. R. 2074

To authorize appropriations for the American Folklife Center for fiscal years

1994, 1995, 1996, and 1997.

IN THE HOUSE OF REPRESENTATIVES

MAY 11, 1993

Mr. ROSE introduced the following bill; which was referred to the Committee

on House Administration

A BILL

To authorize appropriations for the American Folklife Center

for fiscal years 1994, 1995, 1996, and 1997.

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

3 SECTION 1. AUTHORIZATION OF APPROPRIATIONS FOR

4 THE AMERICAN FOLKLIFE CENTER.

5 Section 8 of the American Folklife Preservation Act

6 (20 U.S.C. 2107) is amended—

7 (1) by striking out ‘‘and’’ after ‘‘September 30,

8 1992,’’; and

9 (2) by inserting after ‘‘September 30, 1993’’

10 the following: ‘‘, $1,120,000 for the fiscal year end-
2

•HR 2074 IH

1 ing September 30, 1994, $1,197,936 for the fiscal

2 year ending September 30, 1995, $1,267,272 for the

3 fiscal year ending September 30, 1996, and

4 $1,341,158 for the fiscal year ending September 30,

5 1997’’.

Æ
Exhibit 21

G&L Realty Corp.

List of Subsidiaries

March 31, 2006



|1. | G&L Realty Partnership, L.P., a Delaware limited partnership
|-- | ------------------------------------------------------------



|2. | 435 N. Roxbury Drive, Ltd., a California limited partnership
|-- | ------------------------------------------------------------



|3. | G&L Grabel San Pedro, LLC
|-- | -------------------------



|4. | G&L Holy Cross, LLC
|-- | -------------------



|5. | G&L Holy Cross Managers Corp., a California corporation
|-- | -------------------------------------------------------



|6. | G&L Valencia, LLC
|-- | -----------------



|7. | G&L Lyons, LLC
|-- | --------------



|8. | G&L Coronado (1998), LLC
|-- | ------------------------



|9. | Lakeview Associates, LLC
|-- | ------------------------



|10. | Tustin Heritage Place, LLC
|--- | --------------------------



|11. | G&L Tustin II, LLC
|--- | ------------------



|12. | G&L Tustin III, LLC
|--- | -------------------



|13. | G&L Senior Care Partnership, L.P.
|--- | ---------------------------------



|14. | GLR/Yorba Linda, LLC
|--- | --------------------



|15. | 405 Bedford, LLC
|--- | ----------------



|16. | 415 Bedford, LLC
|--- | ----------------



|17. | 416 Bedford, LLC
|--- | ----------------



|18. | 435 Bedford, LLC
|--- | ----------------



|19. | G&L 436 Bedford, LLC
|--- | --------------------



|20. | G&L Sherman Oaks, LLC
|--- | ---------------------



|21. | G&L 4150 Regents, LLC
|--- | ---------------------



|22. | G&L Fourth Street, LLC
|--- | ----------------------
Exhibit 23.1CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM          Wehave issued our report dated November 14, 2005, accompanying the consolidated financialstatements and schedule, and our report dated November 14, 2005 accompanying management’s assessment of the effectiveness of internal control overfinancial reporting. Both reports are included in the annual report of Navarre Corporation andsubsidiaries on Form 10-K/A for the year ended March 31, 2005. We hereby consent to theincorporation by reference of said reports in the Registration Statements of Navarre Corporation onForm S-3 (File No. 333-111733, effective April 28, 2004, and on Forms S-8 (File No. 33-80218,effective June 14, 1994; File No. 33-86762, effective November 29, 1994; File No. 333-31017,effective July 10, 1997; File No. 333-87143, effective September 15, 1999; File No. 333-9170,effective July 1, 2002; File No. 333-109056, effective September 23, 2003 and File No. 333-119260,effective September 24, 2004)./s/ GRANT THORNTON LLPMinneapolis, Minnesota