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

FOR THE EIGHTH CIRCUIT

___________

No. 99-2215

___________

Eva Nanassy, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the 

* District of Minnesota.

Health East/St. John&s Hospital, *

* [UNPUBLISHED]

Appellee. *

___________

 Submitted: December 29, 1999

 Filed: January 5, 2000

___________

Before BEAM, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

___________

PER CURIAM.

Eva Nanassy filed this Title VII action against her former employer,

HealthEast/St. John’s Hospital (HealthEast), claiming she was discriminated against

because of her national origin and her disability. HealthEast moved to dismiss and

submitted supporting documents, arguing that a February 1998 settlement agreement

between the parties released HealthEast from all claims--including Title VII and

disability discrimination claims--arising out of Nanassy’s employment with HealthEast.
1The HONORABLE JAMES M. ROSENBAUM, United States District Judge

for the District of Minnesota.

-2-

Nanassy responded and filed supporting documents. After a hearing, the district court1

granted summary judgment to HealthEast. Nanassy appeals.

Reviewing de novo, see Winkle v. Southwestern Bell Tel. Co., 195 F.3d 418,

420 (8th Cir. 1999), we hold that this action was barred by the settlement agreement

between Nanassy and HealthEast, see Pilon v. University of Minn., 710 F.2d 466, 468

(8th Cir. 1983) (voluntary release bars future action on all claims covered by release);

Sorensen v. Coast-to-Coast Stores, 353 N.W.2d 666, 669 (Minn. Ct. App. 1984)

(same). Nanassy had legal representation when she entered the settlement agreement,

and she has not shown that the agreement is invalid based on mistake, duress, or

unconscionability. See Sorensen, 353 N.W.2d at 670 (to rescind based on mutual

mistake, both parties must be mistaken as to material fact; unilateral mistake is not

grounds for recission unless party seeking enforcement wrongfully concealed facts or

induced mistake); Bond v. Charlson, 374 N.W.2d 423, 428 (Minn. 1985) (employee&s

experience of economic stress does not nullify his or her consent to contract with

employer in superior bargaining position);Kauffman Stewart, Inc. v. Weinbrenner Shoe

Co., Inc., 589 N.W.2d 499, 502 (Minn. Ct. App. 1999) (defining unconscionable

contract). 

Accordingly, we affirm.
-3-

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
GAS SALES AGREEMENT
 st JOHN D. OIL & GAS MARKETING CO., LLC, NORTHEAST OHIO NATURAL GAS CORP. ORWELL NATURAL GAS COMPANY BRAINARD GAS CORP.
 RECITALS
   ARTICLE 1  AGREEMENT
 ARTICLE 2  TERM OF AGREEMENT September 31, 2023
 ARTICLE 3  QUANTITY
 NOMINATIONS
 REIMBURSEMENT
 ARTICLE 4  DELIVERY POINT AND TRANSPORTATION
 ARTICLE 5  PURCHASE PRICE th th




---



##### 



RIGHT OF LAST REFUSAL
 ARTICLE 6  BILLING AND PAYMENT
 1 2
 ARTICLE 7  QUALITY AND MEASUREMENT
 ARTICLE 8  WARRANTY OF TITLE AND TAXES
 ARTICLE 9  GOVERNING LAW
 ARTICLE 10  REGULATORY BODIES
 ARTICLE 11  FORCE MAJEURE




---



##### 



ARTICLE 12  NOTICES
 SELLER:
    
    JOHN D. OIL & GAS MARKETING CO., LLC3511 Lost Nation RoadWilloughby, OH 44094Phone: 440 255-1945; Fax: 440 255-1985BUYER:
    
    NORTHEAST OHIO NATURAL GAS CORP.8500 Station Street, Suite 100Mentor, OH 44060
 ARTICLE 13  ASSIGNMENT
 ARTICLE 14  CREDIT REQUIREMENTS
 ARTICLE 15  SURVIVAL OBLIGATIONS
 ARTICLE 16  COMPLETE AGREEMENT
 IN WITNESS WHEREOF,
 SELLER:WITNESSES:
    
    JOHN D. OIL & GAS MARKETING CO., LLCBY
    
    /s/ Richard M. OsborneBY
    
    Richard M. OsborneITS
    
    Managing Member




---



##### 



BUYER:WITNESSES
    
    NORTHEAST OHIO NATURAL GAS CORP.BY
    
    /s/ Martin K. WhelanBY
    
    Martin K. WhelanITS
    
    VPWITNESSES:
    
    ORWELL NATURAL GAS COMPANYBY
    
    /s/ Thomas J. SmithBY
    
    Thomas J. SmithITS
    
    PresidentWITNESSES:
    
    BRAINARD GAS CORP.BY
    
    /s/ Thomas J. SmithBY
    
    Thomas J. SmithITS
    
    President




---



##### 



EXHIBIT A
  NEO initials:Seller initials:
    
    /s/ R.O.




---



##### 



EXHIBIT B
  NEO initials:
    
    /s/ TSSeller initials:
    
    /s/ R.O.




---



##### 



EXHIBIT C
  NEO initials:
    
    /s/ TSSeller initials:
    
    /s/ R.O.
§ 512.21 Copyright provisions. ( a ) An employee of the Bureau may not copyright any work prepared as part of his/her official duties.
( b ) As a precondition to the conduct of research under this subpart, a non-employee shall grant in writing to the Bureau a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, translate, and otherwise use and authorize others to publish and use original materials developed as a result of research conducted under this subpart.
( c ) Subject to a royalty-free, non-exclusive and irrevocable license, which the Bureau of Prisons reserves, to reproduce, publish, translate, and otherwise use and authorize others to publish and use such materials, a non-employee may copyright original materials developed as a result of research conducted under this subpart.
[59 FR 13860, Mar. 23, 1994, as amended at 62 FR 6662, Feb. 12, 1997]
§ 5.201 Exhibits. ( a ) The following described exhibits are required to be filed for each foreign principal of the registrant: ( 1 ) *Exhibit A.* This exhibit, which shall be filed on a form provided by the Registration Unit, shall set forth the information required to be disclosed concerning each foreign principal.
( 2 ) *Exhibit B.* This exhibit, which shall be filed on a form provided by the Registration Unit, shall set forth the agreement or understanding between the registrant and each of his foreign principals as well as the nature and method of performance of such agreement or understanding and the existing or proposed activities engaged in or to be engaged in, including political activities, by the registrant for the foreign principal.
( b ) Any change in the information furnished in exhibit A or B shall be reported to the Registration Unit within 10 days of such change. The filing of a new exhibit may then be required by the Assistant Attorney General.
( c ) Whenever the registrant is an association, corporation, organization, or any other combination of individuals, the following documents shall be filed as exhibit C: ( 1 ) A copy of the registrant's charter, articles of incorporation or association, or constitution, and a copy of its bylaws, and amendments thereto;
( 2 ) A copy of every other instrument or document, and a statement of the terms and conditions of every oral agreement, relating to the organization, powers and purposes of the registrant.
( d ) The requirement to file any of the documents described in paragraphs (c) (1) and (2) of this section may be wholly or partially waived upon written application by the registrant to the Assistant Attorney General setting forth fully the reasons why such waiver should be granted.
( e ) Whenever a registrant, within the United States, receives or collects contributions, loans, money, or other things of value, as part of a fund-raising campaign, for or in the interests of his foreign principal, he shall file as exhibit D a statement so captioned setting forth the amount of money or the value of the thing received or collected, the names and addresses of the persons from whom such money or thing of value was received or collected, and the amount of money or a description of the thing of value transmitted to the foreign principal as well as the manner and time of such transmission.
(28 U.S.C. 509 and 510; 5 U.S.C. 301)
[Order No. 376-67, 32 FR 6362, Apr. 22, 1967, as amended by Order No. 523-73, 38 FR 18235, July 9, 1973; Order No. 960-81, 46 FR 52355, Oct. 27, 1981; Order No. 2674-2003, 68 FR 33630, June 5, 2003]
### §272a. Acquisition of property

#### (a) In general

The Secretary is authorized to acquire by donation, purchase with donated or appropriated funds, transfer from any Federal agency, exchange or otherwise, the lands and interests in lands described in section 272 of this title, except that lands or interests therein owned by the State of Utah, or any political subdivision thereof, may be acquired only with the approval of such State or political subdivision.

#### (b) Lost Spring Canyon Addition

As soon as practicable after October 30, 1998, the Secretary shall transfer jurisdiction over the Federal land contained in the Lost Spring Canyon Addition from the Bureau of Land Management to the National Park Service.

(Pub. L. 92–155, §2, Nov. 12, 1971, 85 Stat. 422; Pub. L. 105–329, §2(b), Oct. 30, 1998, 112 Stat. 3060.)

#### **Editorial Notes**

#### Amendments

1998—Pub. L. 105–329 inserted section catchline and subsec. (a) designation and heading and added subsec. (b).
### §1105. Compensation

No compensation will be attached to the position of United States members of the Commission. United States members or their alternates shall be reimbursed by the Commission for travel expenses in accordance with section 5703 of title 5 and the Standardized Government Travel Regulations.

(Pub. L. 88–363, §6, July 7, 1964, 78 Stat. 300.)

#### **Editorial Notes**

#### Codification

"Section 5703 of title 5" substituted in text for "section 5 of the Administrative Expenses Act of 1946, as amended [5 U.S.C. 73b–2]," on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
#### The People of the State of New York, Respondent, v. Elizabeth Hatton, Appellant.

Motion to dismiss appeal granted. Present — Jenks, P. J., Burr, Thomas, Rich and Stapleton, JJ.
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER ON M OTION FOR E N B ANC R ECONSIDERATION

Appellate case name: Renato Acain, et al. v. International Plant Services, LLC, Noureddine

Ayed, Karim Ayed, Richard Dale Johnston, Adrienne Wilso n, and

Leysander Bustamonte

Appellate case number: 01

- 13

- 00310

- CV

Trial court case number: 2011

- 32519

Trial court: 113th District Court of Harris County

It is ordered that Appellee s ’ Motion for En Banc Reconsideration is denied

.

Judge’s signature: /s / Rebeca Huddle

Acting for the En Banc Court*

Date: December 4 , 2014

*En banc court consists of Chief Justice Radack and Justices Jennings, Keyes, Higley, Bland,

Sharp, Massengale, Brown, and Huddle

.
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<RECEIVABLES>                        1,009,045                          
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<PP&E>                                  73,501                                 
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<TOTAL-ASSETS>                       1,935,038                         
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<CGS>                                  200,622                         
<TOTAL-COSTS>                          157,826                  
<OTHER-EXPENSES>                             0          
<LOSS-PROVISION>                             0          
<INTEREST-EXPENSE>                      (2,881)          
<INCOME-PRETAX>                        668,944                   
<INCOME-TAX>                               (25)                            
<INCOME-CONTINUING>                          0          
<DISCONTINUED>                               0                     
<EXTRAORDINARY>                              0             
<CHANGES>                                    0                            
<NET-INCOME>                           650,137                         
<EPS-PRIMARY>                              .20                     
<EPS-DILUTED>                              .20                       
        

</TABLE>
#### § 54.410 Comparable facilities.

A recipient may provide separate toilet, locker room, and shower facilities on the basis of sex, but such facilities provided for students of one sex shall be comparable to such facilities provided for students of the other sex.
#### §§ 39.104-39.109 [Reserved]
#### §§ 42.737-42.799 [Reserved]
<PAGE>   1



                               POWER OF ATTORNEY


     Each person whose signature appears below authorizes Alan G. McNally,
Chairman of the Board and Chief Executive Officer, or Edward W. Lyman, Vice
Chair of the Board, to execute in the name of each such person who is then an
officer or director of the registrant, and to file, the 1998 Harris Bankcorp,
Inc. Annual Report to the Securities and Exchange Commission on Form 10-K
pursuant to the requirements of the Securities Exchange Act of 1934.



      /s/ PASTORA SAN JUAN CAFFERTY            /s/ RICHARD M. JAFFEE
      ------------------------------           ----------------------------
      Pastora San Juan Cafferty                Richard M. Jaffee
      Director                                 Director

      /s/ F. ANTHONY COMPER                    /s/ EDWARD W. LYMAN, JR.
      ------------------------------           ----------------------------
      F. Anthony Comper                        Edward W. Lyman, Jr.
      Director                                 Vice Chair and Director

      /s/ SUSAN T. CONGALTON                   /s/ ALAN G. MCNALLY
      ------------------------------           ----------------------------
      Susan T. Congalton                       Alan G. McNally
      Director                                 Chairman of the Board,
                                               Chief Executive Officer,
                                               and Director

      /s/ WILBUR H. GANTZ                      /s/ CHARLES H. SHAW
      ------------------------------           ----------------------------
      Wilbur H. Gantz                          Charles H. Shaw
      Director                                 Director

      /s/ JAMES J. GLASSER                     /s/ RICHARD E. TERRY
      ------------------------------           ----------------------------
      James J. Glasser                         Richard E. Terry
      Director                                 Director

      /s/ LEO M. HENIKOFF                      /s/ JAMES O. WEBB
      ------------------------------           ----------------------------
      Leo M. Henikoff                          James O. Webb
      Director                                 Director
### §787. Project Independence Evaluation System documentation; access to model by Congress and public

The Administrator of the Federal Energy Administration shall—

(1) submit to the Congress, not later than September 1, 1976, full and complete structural and parametric documentation, and not later than January 1, 1977, operating documentation, of the Project Independence Evaluation System computer model;

(2) provide access to such model to representatives of committees of the Congress in an expeditious manner; and

(3) permit the use of such model on the computer system maintained by the Federal Energy Administration by any member of the public upon such reasonable terms and conditions as the Administrator shall, by rule, prescribe. Such rules shall provide that any member of the public who uses such model may be charged a fair and reasonable fee, as determined by the Administrator, for using such model.

(Pub. L. 93–275, §31, as added Pub. L. 94–385, title I, §113, Aug. 14, 1976, 90 Stat. 1132.)

#### **Statutory Notes and Related Subsidiaries**

#### Transfer of Functions

Federal Energy Administration terminated and functions vested by law in Administrator thereof transferred to Secretary of Energy (unless otherwise specifically provided) by sections 7151(a) and 7293 of Title 42, The Public Health and Welfare.
Exhibit 32.1
                           CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Quarterly Report of WOM, Inc. (the "Company")on Form
10-QSB for the period ending December 31, 2004 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), Frederic M. Zinn the
principal executive officer and principal financial officer, certifies pursuant
to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act
of 2002, that:

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

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

Dated: February 14, 2005


           /s/ Frederic M. Zinn
               ----------------
               Frederic M. Zinn
               President
               Chief Executive Officer and Chief Financial Officer
§ 524.74 Activities clearance. ( a ) Except as provided for in paragraph (b) of this section, the Warden is the clearance authority on all transfers, temporary releases, community activities, and escorted trips.
( b ) *Witness Security cases.* Central Office Inmate Monitoring Section staff shall be the clearance authority on all transfers, temporary releases, community activities, and escorted trips for Witness Security cases, except in a medical emergency. In a medical emergency, the Warden may transfer a Witness Security case to a local hospital for emergency medical care without prior clearance.
### §159. Establishment; boundaries

When title to all the lands, structures, and other property in the area at Saratoga, New York, whereon was fought the Battle of Saratoga during the War of the Revolution, shall have been vested in the United States, such area shall be, and it is, established, dedicated, and set apart as a public park for the benefit and inspiration of the people and shall be known as the Saratoga National Historical Park: Provided, That such area shall include that part of the Saratoga Battlefield now belonging to the State of New York and any additional lands in the immediate vicinity thereof which the Secretary of the Interior may, within six months after the approval of sections 159 to 159b of this title, designate as necessary or desirable for the purposes of sections 159 to 159b of this title.

(June 1, 1938, ch. 316, §1, 52 Stat. 608.)
### §410nnn–4. Cooperative agreements

In furtherance of the purposes of this subchapter, the Secretary is authorized to enter into cooperative agreements with the United States of Mexico, in accordance with existing international agreements, and with other owners of Mexican-American War properties within the United States of America for the purposes of conducting joint research and interpretive planning for the historical park and related Mexican-American War sites. Interpretive information and programs shall reflect historical data and perspectives of both countries and the series of historical events associated with the Mexican-American War.

(Pub. L. 102–304, §6, June 23, 1992, 106 Stat. 257; Pub. L. 111–11, title VII, §7113(a)(3)(C), Mar. 30, 2009, 123 Stat. 1202.)

#### **Editorial Notes**

#### Amendments

2009—Pub. L. 111–11 substituted "historical park" for "historic site".
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</TABLE>
#### In the Matter of Niklas Lamotte et al., Appellants, v Jeffrey F. Beiter, as Executor of John Beiter, Deceased, Respondent.

[826 NYS2d 6]

Order, Supreme Court, New York County (Carol Edmead, J.), entered June 6, 2006, which, inter alia, denied the application and dismissed the petition pursuant to CPLR 7503 (b) to stay arbitration, unanimously affirmed, with costs.

The petition to stay arbitration was properly denied. Contrary to petitioners’ contentions, no language in the parties’ agreement expressly made the procedures for the valuation of the holdings of the decedent’s estate conditions precedent to arbitration *(see Matter of United Nations Dev. Corp. v Norkin Plumbing Co.,*45 NY2d 358, 364 [1978]). Nor did the valuation provision by its own terms remove every issue relating to the valuation procedures from consideration by the arbitrators *(cf. Matter of Dimson [Elghanayan],*19 NY2d 316 [1967]; *Matter of American Silk Mills Corp. [Meinhard-Commercial Corp.],*35 AD2d 197 [1970]). Concur—Friedman, J.P, Sullivan, Nardelli, Catterson and McGuire, JJ.
Pictured is an African American male super hero washing his hands and with the text that says “Do good; Wash 

your hands!”