alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE SUPREME COURT OF THE STATE OF MONTANA DA 21-0271
STATE OF MONTANA,

Plaintiffand Appellee,
v. GREGORY L.WALLACE,

Defendant and Appellant. 

# FILED JUN 1 5 2021 Bovven Greenwood Clerk of Suprerne Court State of Mnr,tarua 

### ORDER

Gregory L.Wallace petitions this Courtfor an out-of-time appeal. He indicates that he improperly filed a Notice ofAppeal with the District Court and that he discussed filing a timely appeal with his attorney. He raises several issues, including "with-holding Discovery to felonious escape in l4th,[September],yr. of2014 . . . This Court is familiar with Wallace and his criminal history.' In October 2014,the State ofMontana charged Wallace with felony escape after Wallace failed to return to the Butte Pre-Release Center on September 14,2014. The State initially brought the charge in the Powell County District Court (Cause No. DC 14-54), and on March 17, 2015, the criminal case was transferred to the Butte-Silver Bow County District Court (Cause No. DC 15-58). Wallace received a two-year suspended sentence to the Department of Corrections. The DistrictCourtran the sentence consecutively to a prior ten-year sentence as a persistent felony offender with two years suspended for felony driving under the influence from the Yellowstone County District Court. Wallace now seeks to appeal this conviction.

I Wallace v. Kirkegard, No. OP 15-0069, Order (Mont. Feb. 10, 2015); State v. Wallace, No.DA 15-0101, Order (Mont. Feb. 25, 2015); Wallace v. Kirkegard, No. OP 16-0432, Order (Aug.2,2016); Wallace v. State,No.DA 19-0129,Order (Mar. 19, 2019),and Wallace v. Guyer & Kowalski,No.OP 20-0317,Order (Mont.Jun. 23,2020). 06/15/2021

Case Number: DA 21-0271M. R. App. P. 4(6) allows this Court to grant an out-of-time appeal "[i]ri the

infrequent harsh case and under extraordinary circumstances amounting to a gross miscarriage ofjustice[1" Wallace is not entitled to an out-of-time appeal. M.R. App. P. 4(6). In 2019,this Court denied Wallace's out-of-time appeal ofthe same criminal conviction and sentence because he could not explain the several years' delay in seeking an appeal. Wallace v. State, No. DA 19-0129, Order (Mont. Mar. 19, 2019). Wallace has not shown extraordinary circumstances for his second attempt after another years-long delay. We refuse "to reopen what has been decided[1" State v. Gilder, 2001 MT 121, 

### ¶ 1 1, 305 Mont. 362,28 P.3d 488(citation omitted). IT IS THEREFORE ORDERED that Wallace's Petition for an Out-of-Time Appeal is DENIED and DISMISSED. The Clerk is directed to provide a copy ofthis Order to counsel of record and to Gregory L. Wallace personally. DATED this 13

- — day ofJune,2021.

ChiefJustice

2
I

103D CONGRESS

1ST SESSION H. R. 2097

To suspend until January 1, 1997, the duty on certain chemicals.

IN THE HOUSE OF REPRESENTATIVES

MAY 12, 1993

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

Committee on Ways and Means

A BILL

To suspend until January 1, 1997, the duty on certain

chemicals.

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

3 SECTION 1. ODEC, LONDEC, AND SULFOXAN.

4 Subchapter II of chapter 99 of the Harmonized Tar5 iff Schedule of the United States is amended by inserting

6 in numerical sequence the following new headings:

‘‘ 9902.31.12 1-Hydroxy-6-

docosyloxy-2-

naphthalenecarboxylic acid

(provided for in

subheading

2918.90.40) ...... Free No change No change On or before

12/31/96
2

•HR 2097 IH

9902.31.13 1-Hydroxy-6-

octadecyloxy-2-

naphthalenecarboxylic acid

(CAS No.

38134–94–0)

(provided for in

subheading

2918.90.45) ...... Free No change No change On or before

12/31/96

9902.31.14 7-(Hexadecylsulfonylamino)-1HIndole (CAS No.

51501–27–0)

(provided for in

subheading

2935.00.50) ...... Free No change No change On or before

12/31/96 ’’.

1 SEC. 2. APPLICABILITY.

2 (a) IN GENERAL.—The amendment made by section

3 1 applies with respect to goods entered, or withdrawn from

4 warehouse for consumption, on or after the 15th day after

5 the date of the enactment of this Act.

6 (b) RETROACTIVE PROVISION.—Notwithstanding sec7 tion 514 of the Tariff Act of 1930 or any other provision

8 of law to the contrary, upon a request filed with the appro9 priate customs officer before the 90th day after the date

10 of the enactment of this Act, any entry or withdrawal from

11 warehouse for consumption of goods to which the amend12 ment made by section 1 applies and that was made—

13 (1) after June 24, 1991; and

14 (2) before the 15th day after the date of the

15 enactment of this Act;

16 and with respect to which there would have been no duty

17 or a lower duty if the amendment made by section 1 had

18 applied to such entry or withdrawal, shall be liquidated
3

•HR 2097 IH

1 or reliquidated as though such entry or withdrawal had

2 occurred on such 15th day.

Æ
[Federal Register Volume 66, Number 29 (Monday, February 12, 2001)]
[Notices]
[Page 9868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3455]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Cancer Institute; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Cancer Institute Special Emphasis 
Panel Small Grants Program for Behavioral Research in Cancer 
Control.
    Date: March 1, 2001.
    Time: 8 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Ramada Inn, 1775 Rockville Pike, Rockville, MD 20852.
    Contact Person: Mary Jane Slesinski, PhD., Scientific Review 
Administrator, Special Review and Resources Branch, Division of 
Extramural Activities, National Cancer Institute, National 
Institutes of Health, 6116 Executive Boulevard, Room 8045, Bethesda, 
MD 20892, 301/594-1566.

(Catalogue of Federal Domestic Assistance Program Nos. 93.392, 
Cancer Construction; 93.393, Cancer Cause and Prevention Research; 
93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer 
Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer 
Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer 
Control, National Institutes of Health, HHS)

    Dated: February 2, 2001.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 01-3455 Filed 2-9-01; 8:45 am]
BILLING CODE 4140-01-M
<PAGE>
 
                                                                      EXHIBIT 12

                               G&L REALTY CORP.

               COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES

                       (All dollar amounts in thousands)
                                  (unaudited)
<TABLE>
<CAPTION>
                                                 Years ended December 31,
                                  -------------------------------------------------
                                   1997      1996      1995       1994     1993(1)
                                  -------   ------    -------    ------    -------
<S>                               <C>       <C>       <C>        <C>       <C> 
Income before extraordinary
  gains and losses................$ 6,561   $  390    $ 3,734    $3,194
Minority interest in
  Operating Partnership...........    545       65        418       353
                                  -------   ------    -------    ------
Income before extraordinary
 gains and losses and minority
 interest in Operating
 Partnership......................  7,106      455      4,152     3,547
Add:
   Interest expense...............  8,836    8,819      6,372     3,625
   Amortization of deferred
    financing costs...............    252      503        614       797
   Nonrecurring loss on
    disposition of real estate
    assets........................     --    4,874         --        --
   Adjustment of interest costs
    related to minority interest
    in consolidated affiliates(2).   (398)    (238)      (264)     (205)
                                  -------   ------    -------    ------
Earnings available for combined
 fixed charges and preferred
 stock dividends.................. 15,796   14,413     10,874     7,764
Fixed charges:
   Interest expense...............  8,836    8,819      6,372     3,625
   Capitalized interest...........     59       --         44        15
   Amortization of deferred
    financing costs...............    252      503        614       797
   Adjustment of interest costs
    related to minority interest
    in consolidated affiliates(2).   (398)    (238)      (264)     (205)
   Provision for Preferred stock
    dividends.....................  2,878       --         --        --
                                  -------   ------    -------    ------
Combined fixed charges............ 11,627    9,084      6,766     4,232
Ratio of earnings to fixed
 charges..........................  1.36x    1.59x      1.61x     1.83x
</TABLE>
--------
(1) The amounts for 1993 have been omitted as they relate to periods prior to
    the Company's IPO. The operations and capital structure of G&L Development,
    the Company's predecessor, is not comparable to the Company's operations and
    capital structure, and therefore, would not provide relevant information.
(2) Adjustment eliminates interest expense and amortization of deferred
    financing costs associated with the minority interests in 435 North Roxbury
    Drive, Ltd. and GL/PHP, LLC which were not held by the Company during the
    period.
EXHIBIT 11.1


                           IWERKS ENTERTAINMENT, INC.
                               EARNINGS PER SHARE
                    (in thousands, except per share amounts)

<TABLE>
<CAPTION>
                                                   For the Three Months    For the Nine Months
                                                      Ended March 31,         Ended March 31,
                                                     1999        1998        1999        1998
                                                   --------    --------    --------    --------
<S>                                                <C>         <C>         <C>         <C>      
Denominator for Basic Earnings per
Share - Weighted average shares
Outstanding ....................................     12,375      12,199      12,362      12,173

Effect of dilutive securities:
  Options and warrants .........................        (a)         (b)         (c)         (d)
                                                   --------    --------    --------    --------

Denominator for Diluted Earnings per
Share ..........................................     12,375      12,199      12,362      12,173
                                                   --------    --------    --------    --------

Net Loss .......................................   $   (389)   $ (5,077)   $ (2,200)   $ (9,083)
                                                   --------    --------    --------    --------

Basic loss per share ...........................   $  (0.03)   $  (0.42)   $  (0.18)   $  (0.75)
                                                   --------    --------    --------    --------
Diluted loss per share .........................   $  (0.03)   $  (0.42)   $  (0.18)   $  (0.75)
                                                   --------    --------    --------    --------
</TABLE>


(a)  Options to purchase 16 shares of common stock were not included in the
     computation of diluted loss per common share as the effect would be
     antidilutive

(b)  Options to purchase 86 shares of common stock were not included in the
     computation of diluted loss per common share as the effect would be
     antidilutive

(c)  Options to purchase 32 shares of common stock were not included in the
     computation of diluted loss per common share as the effect would be
     antidilutive

(d)  Options to purchase 98 shares of common stock were not included in the
     computation of diluted loss per common share as the effect would be
     antidilutive


                                    Page 22
NO. 07-08 -037 5-CR IN THE CO UR T OF APPEA LS FO R THE S EVEN TH D ISTRI CT O F TEXAS

AT AM AR ILLO PAN EL B DE CE MB ER22, 2008

_________

_________

_________

___ KATIE A RS EN IA C LUB IN E, Appel lan t

v. THE S TATE OF TEXAS, Appel lee

_________

_________

_________

______ FRO M T HE 25 1 DIS T RI CT COU RT OF P OT T ERCOU NT Y; st NO. 57, 281 -C; HON. ANA EST EVE Z, PRESIDING

_________

_________

_________

_______ ON M OT ION T O DISM ISS

_________

_________

_________

_______ Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ. Appel lan t Ka ti e Arseni a C lub ine , by and throug h her attor ney , has filed a mot ion to dis mis s her appeal becau se she no lon g er desi re s to prosec ute it
. W it hout pass ing on t he meri ts of t h e c a se , w e g ra nt t he moti on to di smi ss pursuantto Tex as Rul e of Appel lat e Proced ure 42 .2(a) an d dism iss the ap pea l. Hav ing dism issed th e ap pea l at app ellant ’s re q uest , no moti on for re hear ing w il l be enter tai ned, and our

mandate w il l is sue forthw it h.

Br ian Qui nn Chief Justice Do not p ubl is h.
<PAGE>

                                                                    EXHIBIT 23.1

                       CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the Registration
Statements on Form S-8 (File No. 333-04489, 33-93788, 333-14749 and 333-61797)
and on Form S-3 (File No. 333-45929) of Sola International Inc. of our report
dated June 13, 2003 relating to the consolidated financial statements and
financial statement schedule, which appears in this Form 10-K.

PricewaterhouseCoopers LLP

/s/ PricewaterhouseCoopers LLP

San Jose, California
June 13, 2003
#### Christopher W. CAREAGA, Plaintiff, v. Judge Harry M. JAMES and the People of the City of St. Louis, Mo., Defendants.

No. 79-422-C(4).

United States District Court, E. D. Missouri, E. D.

Aug. 9, 1979.

Christopher W. Careaga, pro se.

Jack L. Koehr, City Counselor, Michael E. Hughes, Asst. City Counselor, St. Louis, Mo., for defendants.

MEMORANDUM

FILIPPINE, District Judge.

This matter is before the Court on defendants’ motion to dismiss and on plaintiff’s motion for substitution of party.

Plaintiff brings this action pursuant to Title 42 U.S.C. § 1983 and Title 28 U.S.C. § 1343. The gist of his complaint is that his civil rights were violated by the late Judge Harry M. James who, when presiding at plaintiff’s guilty plea and imposition of sentence in the Circuit Court of the State of Missouri, allegedly made various statements expressing regret that he was legally barred from imposing a death sentence upon plaintiff. Defendants have moved to dismiss and plaintiff has moved to substitute the successor to Judge James as a defendant. For the reasons stated below the defendants’ motion must be granted and plaintiff’s motion will be denied as moot.

At the outset the Court notes that plaintiff’s action is based solely on the statements allegedly made by Judge James. He is not attacking the voluntariness of his guilty plea nor is he challenging the conditions of his confinement.

*465Pleadings, particularly those of pro se plaintiffs, are to be liberally construed when challenged by a motion to dismiss, *Johnson v. Reagan,*524 F.2d 1123 (9th Cir. 1975). In this action, however, it is clear that, assuming plaintiff’s allegations to be true, the actions of Judge James are within the scope of judicial immunity. See *Gilbert v. Corcoran,*530 F.2d 820 (8th Cir. 1976); *Johnson v. Reagan,*supra. Furthermore, as the action of defendant James during the course of his official duties are protected by the doctrine of immunity, the claim against the people of the City of St. Louis on a theory that the judge was their authorized representative is not cognizable.

Finally, as plaintiff has not stated a claim upon which relief can be granted, the motion to substitute the successor to Judge James as a defendant is moot. Accordingly, the action will be dismissed and the motion to substitute a party will be denied as moot.
I

103D CONGRESS

1ST SESSION H. R. 2233

To deny, under certain conditions, most-favored-nation treatment to the

products of countries that engage in nuclear explosive device testing.

IN THE HOUSE OF REPRESENTATIVES

MAY 20, 1993

Mr. STARK (for himself, Ms. PELOSI, and Mr. SABO) introduced the following

bill; which was referred to the Committee on Ways and Means

A BILL

To deny, under certain conditions, most-favored-nation treatment to the products of countries that engage in nuclear

explosive device testing.

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

3 That General Note 3(b) of the Harmonized Tariff Sched4 ule of the United States is amended—

5 (1) by inserting ‘‘(i)’’ before ‘‘Notwithstand6 ing’’; and

7 (2) by adding at the end the following:

8 ‘‘(ii) If the President determines that a foreign country

9 has tested a nuclear explosive device at any time during

10 a period in which the United States is—
2

•HR 2233 IH

1 ‘‘(A) observing a moratorium on the testing of nu2 clear explosive devices; or

3 ‘‘(B) party to a comprehensive nuclear explosive test

4 ban treaty;

5 the President shall proclaim that the rates of duty

6 shown in column 2 shall apply to the products of

7 that country, whether imported directly or indirectly,

8 that are entered during the 1-year period beginning

9 on the date of such determination.’’.

Æ
Form Carrier Summary Report OMB No. 1545-1733

(March 2001)

Department of the Treasury

Internal Revenue Service For the month ending , 20 .

Company name Employer Identification Number (EIN)

Address (number, street, room or suite number)

Transactions for the Month

Total carrier receipts. Enter the total

of net gallons from Schedule(s) A by

product code.

For Privacy Act and Paperwork Reduction Act Notice, see the separate instructions. Form 720-CS (March 2001)

1

2 Total carrier deliveries. Enter the total

of net gallons from Schedule(s) B by

product code.

Under penalties of perjury, I declare that I have examined this return and accompanying schedules, and, to the best of my knowledge and belief, they are true,

correct, and complete.

Enter the transactions for the period on Schedules A and B, then

complete lines 1 and 2 for each product code (PC). See page 5 of

the instructions for the product codes.

(a)

Cat. No. 73073H

720-CS

Part I

Part II

City, state, and ZIP code (Foreign addresses, include province and postal code as appropriate. Do not abbreviate country name.)

Contact person

Carrier

Daytime telephone number FAX number E-mail address

(b) (c) (d)

Net Gallons (attach additional schedule(s) if needed)

PC: PC: PC: PC:

() ()

Corrected Void

Signature  Title, if applicable  Date 

(Please type or print your name below signature.)
For the month ending (enter MM/DD/YYYY)

g) and enter the total. Also, enter on Form 720-CS, line 1, in the column for the applicable product code. 

Form 720-CS (March 2001)

mns below the information requested for the specified product code. Use additional schedule(s) for each product code.

 From a Terminal

(b) (c) (d) (e) (f) (g)

Consignor

name

Mode of

transport

Origin terminal

TCN

Document

date

Document

number

Net

gallons

Page 2

EIN

or product codes. 

Corrected Void
For the month ending (enter MM/DD/YYYY)

Form 720-CS (March 2001)

Page 3

EIN

s to a Terminal

(b) (c) (d) (e) (f) (g)

Consignor

name

Mode of

transport

Destination terminal

TCN

Document

date

Document

number

Net

gallons

g) and enter the total. Also, enter on Form 720-CS, line 2, in the column for the applicable product code. 

mns below the information requested for the specified product code. Use additional schedule(s) for each product code.

or product codes. 

Corrected Void
<PAGE>
                                                                    EXHIBIT 23.1

INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in Registration Statement No.
33-76196 of GC Companies, Inc. on Form S-8 of our report dated January 24, 2002,
(which expresses an unqualified opinion and includes explanatory paragraphs
relating to an emphasis of a matter and the going concern uncertainty related to
the Company's Reorganization Proceedings under Chapter 11 of the Federal
Bankruptcy Code and a change in the method of accounting for costs of start-up
activities, appearing in this Annual Report on Form 10-K of GC Companies, Inc.
for the year ended October 31, 2001.

/s/ Deloitte & Touche LLP

Boston, Massachusetts
January 28, 2002
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          AUG-30-1996
<PERIOD-START>                             AUG-26-1995
<PERIOD-END>                               AUG-30-1996
<CASH>                                           7,253
<SECURITIES>                                         0
<RECEIVABLES>                                   89,348
<ALLOWANCES>                                     4,920
<INVENTORY>                                    127,698
<CURRENT-ASSETS>                               229,421
<PP&E>                                         430,632
<DEPRECIATION>                                 190,838
<TOTAL-ASSETS>                                 493,079
<CURRENT-LIABILITIES>                           97,095
<BONDS>                                        299,850
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           133
<OTHER-SE>                                      67,379
<TOTAL-LIABILITY-AND-EQUITY>                   493,079
<SALES>                                        706,232
<TOTAL-REVENUES>                               706,232
<CGS>                                          599,149
<TOTAL-COSTS>                                  661,306
<OTHER-EXPENSES>                                 3,731
<LOSS-PROVISION>                                 1,629
<INTEREST-EXPENSE>                              18,512
<INCOME-PRETAX>                                 22,683
<INCOME-TAX>                                     9,035
<INCOME-CONTINUING>                             13,648
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    13,648
<EPS-PRIMARY>                                     1.15
<EPS-DILUTED>                                        0
        

</TABLE>