alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York ex rel. William Wheeler, Appellant, against W. Cecil Johnston, as Director of Dannemora Hospital, Respondent.

Motion denied. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.
### §8753. Repealed. Pub. L. 113–79, title I, §1101, Feb. 7, 2014, 128 Stat. 658

Section, Pub. L. 110–234, title I, §1303, May 22, 2008, 122 Stat. 970; Pub. L. 110–246, §4(a), title I, §1303, June 18, 2008, 122 Stat. 1664, 1698, related to availability of direct payments for peanuts for 2008 through 2012 crop years.
#### GOLUBACK, Respondent, v. ALMODO, Appellant.

(Supreme Court, Appellate Division, Second Department.

January 9, 1903.)

Action by Myron E. Goluback against Gerardo D. Almodo.

No opinion. Judgment of the Municipal Gourt reversed, on the ground that the remedy of the plaintiff is action for breach of contract, and not upon negligence. See Frank v. Mandel (App. Div., Second Department, Nov. 21, 1902) 78 N. Y. Supp. 855; Goldberg v. Besdine, Id. 776.
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

GERARDO ORTIZ CUENCA; MARIA

GRISELDA ESPINOZA,

 Petitioners,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 08-72393

Agency Nos. A079-280-760

 A079-280-761

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted October 19, 2010** 

Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.

Gerardo Ortiz Cuenca and Maria Griselda Espinoza, natives and citizens of

Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order

denying their motion to reopen removal proceedings. We have jurisdiction under

8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to

FILED

OCT 26 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 08-72393

reopen, and review de novo constitutional claims, including ineffective assistance

of counsel claims. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). 

We deny the petition for review.

The BIA did not abuse its discretion in denying petitioners’ February 13,

2008, motion to reopen for lack of prejudice. See Iturribarria v. INS, 321 F.3d

889, 899-90 (9th Cir. 2003) (prejudice results when the performance of counsel

“was so inadequate that it may have affected the outcome of the proceedings”)

(internal quotation marks omitted).

PETITION FOR REVIEW DENIED.
1 The Honorable William R. Wilson, Jr., United States District Judge for the Eastern District of Arkansas. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 06-1320

___________ Juanita M. Crump-Donahue, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. United States of America, * * [UNPUBLISHED] Appellee. *

___________ Submitted: October 6, 2006 Filed: October 12, 2006

___________ Before MURPHY, BYE, and MELLOY, Circuit Judges.

___________ PER CURIAM. Juanita Crump-Donahue appeals the district court’s 1 preservice dismissal of her suit under the Federal Tort Claims Act. After de novo review, see Moore v. Sims , 200 F.3d 1170, 1171 (8th Cir. 2000) (per curiam) (s tandard of review), we agree with the district court that Crump-Donahue’s suit is barred by res judicata, seeDaley v. Marriott Int’l, Inc. , 415 F.3d 889, 895-96 (8th Cir. 2005) (under doctrine of res judicata, judgment on merits in prior suit bars second suit involving same parties or their privies based on same cause of acti on). We also deny her appellate motions.-2- Accordingly, we affirm. See 8th Cir. R. 47B.

______________________________
#### 1319.602 Procedures.
#### § 263.5 Inspection of license and registration.

No person may operate any motor vehicle on the site without a valid, current operator's license, nor may any person, if operating a motor vehicle on the site, refuse to exhibit for inspection, upon request of a uniformed guard, his operator's license or proof of registration of the vehicle under his control at time of operation.
### §2279g. Marketing services; cooperative agreements

Notwithstanding chapter 63 of title 31, marketing services of the Agricultural Marketing Service; the Grain Inspection, Packers and Stockyards Administration; the Animal and Plant Health Inspection Service; and the food safety activities of the Food Safety and Inspection Service, on and after February 20, 2003, may use cooperative agreements to reflect a relationship between the Agricultural Marketing Service; the Grain Inspection, Packers and Stockyards Administration; the Animal and Plant Health Inspection Service; or the Food Safety and Inspection Service and a State or cooperator to carry out agricultural marketing programs, to carry out programs to protect the nation's animal and plant resources, or to carry out educational programs or special studies to improve the safety of the nation's food supply.

(Pub. L. 108–7, div. A, title VII, §713, Feb. 20, 2003, 117 Stat. 39.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the appropriation act cited as the credit to this section.

#### Prior Provisions

Provisions similar to those in this section were contained in the following prior appropriation acts:

Pub. L. 107–76, title VII, §713, Nov. 28, 2001, 115 Stat. 733.

Pub. L. 106–387, §1(a) [title VII, §713], Oct. 28, 2000, 114 Stat. 1549, 1549A–29.

Pub. L. 106–78, title VII, §716, Oct. 22, 1999, 113 Stat. 1162.

Pub. L. 105–277, div. A, §101(a) [title VII, §715], Oct. 21, 1998, 112 Stat. 2681, 2681–26.

Pub. L. 105–86, title VII, §717, Nov. 18, 1997, 111 Stat. 2106.

Pub. L. 104–180, title VII, §717, Aug. 6, 1996, 110 Stat. 1598.

Pub. L. 104–37, title VII, §717, Oct. 21, 1995, 109 Stat. 331.

Pub. L. 103–330, title VII, §720, Sept. 30, 1994, 108 Stat. 2469.
**Exhibit 31.2**
**CERTIFICATION OF CHIEF FINANCIAL OFFICER**
I, Jeffrey D. Buchanan, certify that:
1. I have reviewed this quarterly report on Form 10-Q of Three-Five Systems,Inc.; 2. Based on my knowledge, this report does not contain any untrue statementof a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by thisreport; 3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flows ofthe registrant as of, and for, the periods presented in this report; 4. The registrant’s other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrantand have:
 a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known tous by others within those entities, particularly during the period inwhich this report is being prepared;  b) Evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the endof the period covered by this report based on such evaluation; and  c) Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’smost recent fiscal quarter (the registrant’s fourth fiscal quarter inthe case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internalcontrol over financial reporting; and
5. The registrant’s other certifying officer(s) and I have disclosed, basedon our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of theregistrant’s board of directors (or persons performing the equivalentfunctions):
 a) All significant deficiencies and material weaknesses in the designor operation of internal control over financial reporting which arereasonably likely to adversely affect the registrant’s ability torecord, process, summarize and report financial information; and  b) Any fraud, whether or not material, that involves management orother employees who have a significant role in the registrant’sinternal control over financial reporting.
Date: May 7, 2004         /s/ Jeffrey D.Buchanan  Jeffrey D. Buchanan   Chief Financial Officer
1313.303-5 Purchases under BPAs. ( a ) Individual purchases shall not exceed the simplified acquisition threshold, subject to the following: ( 1 ) The limitations for individual purchases against BPAs established against Federal Supply Schedule contracts shall be those set forth in the terms and conditions of the schedule contract.
( 2 ) The limitations for individual purchases for commercial item acquisitions against BPAs established under FAR Subpart 13.5 “Test Program for Certain Commercial Items” is the simplified acquisition threshold set forth in FAR Subpart 13.5.
#### Arcon Systems, Inc., Respondent, v Raymond Le Chase, Inc., Appellant.

Order unanimously affirmed, with costs. Motion to strike Point No. 3 from respondent’s brief denied. (Appeal from order of Monroe Supreme Court-review-summary judgment.) Present-Moule, J. P., Cardamone, Simons, Dillon and Hancock, Jr., JJ.
CERTIFICATION OF CHIEF EXECUTIVE OFFICER


AND CHIEF FINANCIAL OFFICER


PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





The undersigned hereby certify, pursuant to, and as required by, 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Kingstone Companies, Inc. (the “Company”) on Form 10-Q for the period ended March 31, 2010 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and that information contained in such Quarterly Report on Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.





Date: May 19, 2010

/s/ Barry B. GoldsteinBarry B. GoldsteinChief Executive Officer/s/ Victor BrodskyVictor Brodsky

Chief Financial Officer
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION

File Name: 14a0852n.06

No. 13-5776

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

CASEY WILLIAM HYLAND; )

GRAHAM PULLEN, )

 )

Plaintiffs, )

) ON APPEAL FROM THE UNITED

and ) STATES DISTRICT COURT FOR

) THE WESTERN DISTRICT OF

CHRISTOPHER R. BURNETTE; ) KENTUCKY

MYSTIC BURNETTE, )

)

Plaintiffs-Appellants, )

) M E M O R A N D U M OPINION

v. )

)

HOMESERVICES OF AMERICA, INC.; )

HOMESERVICES OF KENTUCKY, INC; )

SEMONIN REALTORS; )

RECTOR-HAYDEN REALTORS; )

RE/MAX INTERNATIONAL, INC.; )

CENTURY 21 REAL ESTATE CORP.; )

COLDWELL BANKER REAL ESTATE )

CORP.; COLDWELL BANKER )

MCMAHAN COMPANY; RE/MAX; )

CENTURY 21 REAL ESTATE LLC, fka )

Century 21 Real Estate Corporation; )

ALLIANCE REAL ESTATE SERVICES, )

LLC, dba RE/MAX Alliance; PROPERTIES )

EAST, INC., dba Re/Max Properties East; )

REALOGY CORPORATION; RE/MAX )

OF KENTUCY/TENNESSEE, INC., )

) 

Defendants-Appellees. )

BEFORE: COLE, Chief Judge; NORRIS and GIBBONS, Circuit Judges.
2

PER CURIAM. Pursuant to Federal Rule of Civil Procedure 54, the district court awarded

$19,516.38 to defendant McMahan and $87,305.57 to defendants HomeServices of America, Inc.,

and HomeServices of Kentucky, Inc. Memorandum Opinion and Order, filed May 7, 2013. Rule

54 provides, “Unless a federal statute, these rules, or a court order provides otherwise, costs other

than attorney’s fees should be allowed to the prevailing party.” Fed. R. Civ. P. 54(d)(1). There is

a presumption in favor of awarding costs. White & White, Inc. v. Am. Hosp. Supply Corp., 786 F.2d

728, 729 (6th Cir. 1986). We give deferential review to the decision of the district court to award

costs and to their amount. In 0re Cardizem CD Antitrust Litig., 481 F.3d 355, 358 (6th Cir. 2007).

Among others things, federal law provides that costs may be taxed for fees for printed or

electronically recorded transcripts, fees for printing and witnesses, and fees for making copies of any

materials where the copies are necessarily obtained for use in the case. 28 U.S.C. § 1920. 

Plaintiffs asked that the district court defer awarding costs until the merits appeal, case

number 12-5947, was resolved or, in the alternative, to refuse to award McMahan $1,293.60 in

copying costs and to refuse HSA’s request for $16,579.60 in videotaping costs. The district court

found that McMahan’s copying costs of 15 cents per page were reasonable. Mem. Op. at 4. As for

the videotaping, the court looked to 28 U.S.C. § 1920 and found that “video deposition costs are

taxable.” Mem. Op. at 6.

In a separate opinion, we have affirmed judgment in favor of defendants in case number 12-

5947. Burnette v. Homeservices of Am., Inc., ___ F.3d ___ (2014). In light of our decision, we

detect no error in the decision of the district court to award costs to defendants. 

The judgment is affirmed.
### §906. Funding for administrative expenses

For the purpose of administering this chapter and for the purpose of making the studies, investigations, publications, and reports herein provided for, there is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as shall be necessary.

(May 20, 1936, ch. 432, title I, §6, 49 Stat. 1365; Oct. 28, 1949, ch. 776, §2, 63 Stat. 948; Pub. L. 94–124, §3, Nov. 4, 1975, 89 Stat. 677; Pub. L. 103–437, §4(a)(3), Nov. 2, 1994, 108 Stat. 4581; Pub. L. 104–127, title VII, §775, Apr. 4, 1996, 110 Stat. 1150.)

#### **Editorial Notes**

#### Amendments

1996—Pub. L. 104–127 struck out at end "On or before February 15, of each calendar year beginning with calendar year 1976, or such other date as may be specified by the appropriate committee, the Secretary of Agriculture shall testify before the House Committee on Agriculture and the Senate Committee on Agriculture, Nutrition, and Forestry and provide justification in detail of the amount requested in the budget to be appropriated for the next fiscal year for the purpose of administering this chapter and for the purpose of making the studies, investigations, publications, and reports herein authorized."

1994—Pub. L. 103–437 substituted "Committee on Agriculture, Nutrition, and Forestry" for "Committee on Agriculture and Forestry".

1975—Pub. L. 94–124 inserted requirement that the Secretary of Agriculture testify before the House Committee on Agriculture and the Senate Committee on Agriculture and Forestry each calendar year on or before February 15th or other date specified by the Committees to provide justification in detail of the amount requested in the budget to be appropriated for the next fiscal year.

1949—Act Oct. 28, 1949, inserted "title I," in credit of act May 20, 1936.
### §952. Repealed. Pub. L. 85–105, §2, July 17, 1957, 71 Stat. 306

Section, acts June 24, 1936, ch. 745, §2, 49 Stat. 1899; May 12, 1938, ch. 199, §2, 52 Stat. 349, related to collection and publication of statistics as to quantity of peanuts picked or threshed by any person owning or operating peanut picking or threshing machines.
§ 93.1 References. ( a ) DoD Directive 5405.2,[1] “Release of Official Information in Litigation and Testimony by DoD Personnel as Witnesses,” July 23, 1985, reprinted in 32 CFR part 97.
( b ) E.O. 12333, United States Intelligence Activities, 3 CFR, 1981 Comp., p. 200, reprinted in 50 U.S.C. app. 401.
( c ) The National Security Agency Act of 1959, Public Law No. 86-36, as amended, 50 U.S.C. app. 402.
( d ) Rule 4, Federal Rules of Civil Procedure.
( e ) DoD Instruction 7230.7,[2] “User Charges”, January 29, 1985.
( f ) 28 CFR 50.15.
Footnotes -
93.1
[1] Copies may be obtained, at cost, from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161.
[2] See footnote 1 to § 93.1(a).
#### Shirley Degen, Respondent, v. Sidney Degen, Appellant.

Motion by appellant for reargument or for leave to appeal to the Court of Appeals, denied. Motion by appellant to amend the order of this court on the appeal, granted. The court’s decision rendered March 26, 1962, is amended by adding the following subdivision three after subdivision two in the third paragraph: “and (3) by amending the first decretal paragraph so as to insert the words *‘*if any ’ after the word *‘*amount.’ ” An amended order will be entered accordingly. Beldock, P. J., Ughetta, Christ, Hill and Hopkins, JJ., concur.
### §§1736z, 1736aa. Repealed. Pub. L. 101–624, title XV, §1572(3), Nov. 28, 1990, 104 Stat. 3702

Section 1736z, Pub. L. 99–198, title XI, §1162, Dec. 23, 1985, 99 Stat. 1499, provided for a regular assessment of certain projects and activities administered by the Secretary and Department of Agriculture.

Section 1736aa, Pub. L. 99–198, title XI, §1167(d), Dec. 23, 1985, 99 Stat. 1503, provided for barter by exporters of agricultural commodities and products for foreign products needed by exporters.
### §6301. Findings and declaration of policy

#### (a) Findings

Congress finds that—

(1) soybeans are an important source of nutritious foods that are a valuable part of the human diet and are an important feedstuff for the livestock industry;

(2) the production of soybeans plays a significant role in the economy of the United States in that soybeans are produced by thousands of soybean producers, processed by numerous processing entities, and soybeans and soybean products produced in the United States are consumed by people and livestock throughout the United States and foreign countries;

(3) soybeans and soybean products should be readily available and marketed efficiently to ensure that consumers have an adequate supply of soybean products at a reasonable price;

(4) the maintenance and expansion of existing markets and development of new markets for soybeans and soybean products are vital to the welfare of soybean producers and processors and those concerned with marketing soybeans and soybean products, as well as to the general economy of the United States, and are necessary to ensure the ready availability and efficient marketing of soybeans and soybean products;

(5) there exist established State and national organizations conducting soybean promotion, research, and consumer education programs that are valuable to the efforts of promoting the consumption of soybeans and soybean products;

(6) the cooperative development, financing, and implementation of a coordinated national program of soybean promotion, research, consumer information, and industry information are necessary to maintain and expand existing markets and develop new markets for soybeans and soybean products; and

(7) soybeans and soybean products move in interstate and foreign commerce, and soybeans and soybean products that do not move in such channels of commerce directly burden or affect interstate commerce in soybeans and soybean products.

#### (b) Policy

Congress declares that it is in the public interest to authorize the establishment, through the exercise of the powers provided in this chapter, of an orderly procedure for developing, financing through assessments on domestically-produced soybeans, and implementing a program of promotion, research, consumer information, and industry information designed to strengthen the soybean industry's position in the marketplace, to maintain and expand existing domestic and foreign markets and uses for soybeans and soybean products, and to develop new markets and uses for soybeans and soybean products.

#### (c) Construction

Nothing in this chapter may be construed to provide for the control of production or otherwise limit the right of individual producers to produce soybeans.

(Pub. L. 101–624, title XIX, §1966, Nov. 28, 1990, 104 Stat. 3881.)

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

#### Short Title

Pub. L. 101–624, title XIX, §1965, Nov. 28, 1990, 104 Stat. 3881, provided that: "This subtitle [subtitle E (§§1965–1976) of title XIX of Pub. L. 101–624, enacting this chapter] may be cited as the 'Soybean Promotion, Research, and Consumer Information Act'."
#### Frank Bonomo & Company, Inc., Respondent, v. Trans. Supply *&*Management, Inc., Appellant.

Records and appellant’s brief having been filed, motion denied as moot.
### §1970. Eligibility for assistance based on production loss

The Secretary shall make financial assistance under this subchapter available to any applicant seeking assistance based on production losses if the applicant shows that a single enterprise which constitutes a basic part of the applicant's farming, ranching, or aquaculture operation has sustained at least a 30 per centum loss of normal per acre or per animal production, or such lesser per centum of loss as the Secretary may determine, as a result of the disaster based upon the average monthly price in effect for the previous year and the applicant otherwise meets the conditions of eligibility prescribed under this subchapter. Such loans shall be made available based upon 80 per centum, or such greater per centum as the Secretary may determine, of the total calculated actual production loss sustained by the applicant.

(Pub. L. 87–128, title III, §329, as added Pub. L. 94–68, §7, Aug. 5, 1975, 89 Stat. 382; amended Pub. L. 97–35, title I, §163, Aug. 13, 1981, 95 Stat. 378.)

#### **Editorial Notes**

#### Amendments

1981—Pub. L. 97–35 increased specific per centum loss from 20 to 30, and authorized a lesser per centum loss pursuant to determinations by the Secretary under applicable criteria.
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