alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
FI L ED U.S. COURT OF APPEAL S EL EVENTH CI RCUI T APRI L 10, 2009 THOMAS K. KAH

N CL ERK [ D O N O T P U B L I S H ]

I N T H E U N I T E D S T A T E S C O U R T O F A P P E A L S

F O R T H E E L E V E N T H C I R C U I T

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ N o

. 0 8

- 1 4 8 0 2 N o n - A r g u m e n t C a l e n d a r

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ D

. C

. D o c k e t N o

. 0 7

- 2 0 7 5 9

- C R

- A J

U N I T E D S T A T E S O F A M E R I C A ,

P l a i n t i f f

- A p p e l l e e ,

v e r s u s
A L B E R T O G O N Z A L E Z , a

. k

. a

. H u e v o ,
D e f e n d a n t

- A p p e l l a n t

.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A p p e a l f r o m t h e U n i t e d S t a t e s D i s t r i c t C o u r t f o r t h e S o u t h e r n D i s t r i c t o f F l o r i d a

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ( A p r i l 1 0 , 2 0 0 9 )

B e f o r e B L A C K , B A R K E T T a n d K R A V I T C H , C i r c u i t J u d g e s

P E R C U R I A M :

N e a l G a r y R o s e n s w e i g , a p p o i n t e d c o u n s e l f o r A l b e r t o G o n z a l e z i n t h i sd i r e c t c r i m i n a l a p p e a l , h a s m o v e d t o w i t h d r a w f r o m f u r t h e r r e p r e s e n t a t i o n o f

a p p e l l a n t a n d f

i l e d a b r i e f p u r s u a n t t o A n d e r s v
. C a l i f o r n i a , 3 8 6 U

. S

. 7 3 8 , 8 7 S

. C t

.
1 3 9 6 , 1 8 L

. E d

. 2 d 4 9 3 ( 1 9 6 7 )

. B e c a u s e i n d e p e n d e n t e x a m i n a t i o n o f t h e e n t i r e

r e c o r d r e v e a l s n o a r g u a b l e i s s u e s o f m e r i t , c o u n s e l ’ s m o t i o n t o w i t h d r a w i s
G R A N T E D , a n d G o n z a l e z ’ s c o n v i c t i o n a n d s e n t e n c e a r e A F F I R M E D

.

2
#### Leopold Lefkovits, Respondent, v. Isaac P. Moskovits, Appellant.

Motion for a stay denied, without costs. Nolan, P. J., Beldoek, Ughetta, Christ and Pette, JJ., concur.
<PAGE>

                                                                    Exhibit 4.23

                            CERTIFICATE OF FORMATION

                                       OF

                               PTA RESOURCES, LLC

          The undersigned, an authorized natural person, for the purpose of
forming a limited liability company, under the provisions and subject to the
requirements of the State of Delaware (particularly Chapter 18, Title 6 of the
Delaware Code and the acts amendatory thereof and supplemental thereto, and
known, identified, and referred to as the "Delaware Limited Liability Company
Act"), hereby certifies that:

          FIRST: The name of the limited liability company (hereinafter called
the "limited liability company") is PTA Resources, LLC.

          SECOND: The address of the registered office and the name and the
address of the registered agent of the limited liability company required to be
maintained by Section 18-104 of the Delaware Limited Liability Company Act are
The Corporation Trust Company, 1209 Orange Street, Wilmington, Delaware 19801.

Executed on March ___, 1999.


                                        ----------------------------------------
                                        Douglas G. Gray, Authorized Person
§ 553.16 Eligibility for memorialization in an Arlington National Cemetery memorial area. ( a ) With the authority granted by 38 U.S.C. 2409, a memorial marker may be placed in an Arlington National Cemetery memorial area to honor the memory of service members or veterans, who are eligible for interment under § 553.12(a) and: ( 1 ) Who are missing in action;
( 2 ) Whose remains have not been recovered or identified;
( 3 ) Whose remains were buried at sea, whether by the member's or veteran's own choice or otherwise;
( 4 ) Whose remains were donated to science; or
( 5 ) Whose remains were cremated and the cremated remains were scattered without interment or inurnment of any portion of those remains.
( b ) When the remains of a primarily eligible person are unavailable for one of the reasons listed in paragraph (a) of this section, and a derivatively eligible person who predeceased the primarily eligible person is already interred or inurned in Arlington National Cemetery, the primarily eligible person may be memorialized only on the existing headstone or on a replacement headstone, ordered with a new inscription. Consistent with the one-gravesite-per-family policy, a separate marker in a memorial area is not authorized.
( c ) When a memorial marker for a primarily eligible person is already in place in a memorial area, and a derivatively eligible person is subsequently interred or inurned in Arlington National Cemetery, an inscription memorializing the primarily eligible person will be placed on the new headstone or niche cover. Consistent with the one-gravesite-per-family policy, the memorial marker will then be removed from the memorial area.
No. 89-6726.

#### Norton *v.*Parke, Warden.

C. A. 6th Cir. Certiorari denied.
#### BALL, Appellant, v. MANHATTAN RY. CO., Respondent.

(Supreme Court, Appellate Division, First Department.

November 20, 1903.)

Action by John O. Ball against the Manhattan Railway Company.

H. A. Forster, for appellant. A. A. Wheat, for respondent.

No opinion. Judgment affirmed, with costs.
_________________________________________ 

 

 

Order Michigan Supreme Court 

Lansing, Michigan 

October 7, 2005 Clifford W. Taylor,

 Chief Justice 

128017 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 128017 

 COA: 257718 

Wayne CC: 03-004734 

KEITH LASHOUN WILSON, 

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the January 20, 2005 

order of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court. 

KELLY, J., would hold this case in abeyance for People v Drohan, lv gtd 472 Mich 

881 (2005). 

s1003 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

October 7, 2005 

Clerk
§ 761.1 Scope. ( a ) This part provides regulations governing the entry of persons, ships, and aircraft into: ( 1 ) Naval Defensive Sea Areas and Naval Airspace Reservations established by Executive order of the President (see § 761.3(a)).
( 2 ) Areas placed under the Secretary of the Navy for administrative purposes by Executive order of the President (see § 761.3(b)).
( 3 ) The Trust Territory of the Pacific Islands (see § 761.3(c)).
( b ) The entry authorizations issued under the authority of this part do not supersede or eliminate the need for visas or other clearances or permits required by other law or regulation.
[28 FR 13778, Dec. 18, 1963, as amended at 35 FR 10008, June 18, 1970]
```

EXHIBIT 23 - CONSENT OF INDEPENDENT AUDITORS
--------------------------------------------

We consent to the  incorporation  by  reference  (1) in  Post-Effective
Amendment No. 1 to the Registration Statement (Form S-3 No. 333-93603),
(2) in the Registration Statements (Form S-8 No. 33-34906, Form S-8 No.
33-43102  and  Form  S-8  No.  33-84094)  pertaining  to the  Provident
Financial  Group,  Inc. 1988 Stock Option Plan,  (3) in  Post-Effective
Amendment No. 1 to the  Registration  Statement (Form S-8 No. 33-34904)
pertaining to the 1990 Provident  Financial Group,  Inc. Employee Stock
Purchase  Plan,  (4)  in  the  Registration  Statement  (Form  S-8  No.
33-90792)  pertaining to the Provident Financial Group, Inc. Retirement
Plan, (5) in the  Registration  Statements  (Form S-8 No.  33-51230 and
Form S-8 No. 33-62707)  pertaining to the 1992 Outside Directors' Stock
Option Plan and the 1992 Advisory  Directors' Stock Option Plan, (6) in
the Registration  Statement (Form S-8 No. 333-16983)  pertaining to the
1996  Non-Executive  Officer Stock Option Plan, (7) in the Registration
Statement  (Form  S-8  No.  333-28393  and  Form  S-8  No.   333-61142)
pertaining  to the 1997  Stock  Option  Plan,  (8) in the  Registration
Statement  (Form  S-8  No.  333-96503  and  Form  S-8  No.   333-55698)
pertaining to the Glenway  Financial  Corporation 1990 Stock Option and
Incentive  Plan,  Fidelity  Federal  Savings Bank 1992 Stock  Incentive
Plan,  Fidelity  Financial of Ohio,  Inc. 1997 Stock Option Plan,  OHSL
Financial  Corp.  1992 Stock Option and Incentive  Plan,  and Provident
Financial  Group,  Inc.  2000  Employee  Stock Option Plan,  (9) in the
Registration  Statement  (Form  S-3 No.  333-67754)  pertaining  to the
Dividend  Reinvestment  Plan,  and (10) in the  Registration  Statement
(Form S-8 No.  33-61576 and Form S-8 No.  333-17185)  pertaining to the
Provident  Financial  Group,  Inc.  Deferred  Compensation  Plan of our
report  dated  January  16,  2002,  with  respect  to the  consolidated
financial statements of Provident Financial Group, Inc. included in the
Annual Report (Form 10-K) for the year ended December 31, 2001.

                                                  /s/ ERNST & YOUNG LLP

Cincinnati, Ohio
March 27, 2002
```
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the 
Company's Balance Sheet as of June 30, 1997 and the Statement Of Income
for the period ended June 30, 1997, and is qualified in its entirety by 
reference to such financial statements.
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                         373,287
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               397,118<F1>
<PP&E>                                      39,000,000
<DEPRECIATION>                              35,768,723
<TOTAL-ASSETS>                               3,628,395
<CURRENT-LIABILITIES>                                0    
<BONDS>                                              0
<COMMON>                                             0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                   3,628,395
<TOTAL-LIABILITY-AND-EQUITY>                 3,628,395
<SALES>                                      1,504,687<F2>
<TOTAL-REVENUES>                             1,507,440<F3>
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               584,471<F4>
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                922,969
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            922,969
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   922,969
<EPS-PRIMARY>                                   279.69<F5>
<EPS-DILUTED>                                   279.69<F5>
<FN>
<F1>Includes prepaid rent
<F2>Rental income
<F3>Includes dividend income
<F4>Leasehold rent, supervisory fees and amortization of leasehold 
<F5>Earnings per $10,000 participation unit, based on 3,300 participation 
    units outstanding during the year
</FN>
        


</TABLE>
EX-10.1






Exhibit 10.1




LOCK-UP AGREEMENT




VIASPACE Inc.


2400 Lincoln Avenue


Altadena, CA 91001



Dear Sirs:



Whereas the undersigned is the holder of 61,204,286 shares of the common stock, par value
$0.001 per share (the “Common Stock”), of VIASPACE Inc. (the “Company”) and in consideration of
attracting additional investment into the Company, the undersigned hereby agrees that from the date
hereof and until April 9, 2011, the undersigned will not offer, sell, contract to sell, pledge, or
otherwise dispose of, directly or indirectly, any shares of the Common Stock of the Company
(“Securities”) or securities convertible into or exchangeable or exercisable for any shares of
Securities, enter into a transaction which would have the same effect, or enter into any swap,
hedge or other arrangement that transfers, in whole or in part, any of the economic consequences of
ownership of the Securities, whether any such aforementioned transaction is to be settled by
delivery of the Securities or such other securities, in cash or otherwise, or publicly disclose the
intention to make any such offer, sale, pledge or disposition, or to enter into any such
transaction, swap, hedge or other arrangement, without, in each case, the prior written consent of
the Company. Any Securities subsequently obtained by the undersigned whether on the open market or
otherwise will also be subject to this Agreement.



In furtherance of the foregoing, the Company and its transfer agent and registrar are hereby
authorized to decline to make any transfer of shares of Securities if such transfer would
constitute a violation or breach of this Agreement. Additionally, the undersigned shall deliver
within ten (10) business days of the date hereof all certificates for Securities registered in its
name to the Company so that such certificates may be stamped with a legend consistent with the
terms and conditions of this Agreement.



This Agreement shall be binding on the undersigned and the successors, heirs, personal
representatives and assigns of the undersigned.



Dated:      April 10th, 2006     



     



SNK Capital Trust



By:      /S/ GAYE KNOWLES     



Signature



     GAYE KNOWLES     



Printed Name of Person Signing



Title (if any): TRUSTEE
### §2254a. Availability of funds appropriated for Agricultural Research Service for research related to tobacco or tobacco products

On and after December 26, 2007, none of the funds appropriated under this heading shall be available to carry out research related to the production, processing, or marketing of tobacco or tobacco products.

(Pub. L. 110–161, div. A, title I, Dec. 26, 2007, 121 Stat. 1850.)

#### **Editorial Notes**

#### References in Text

This heading, referred to in text, refers to the headings "Agricultural Research Service" and "salaries and expenses" of title I of div. A of the Consolidated Appropriations Act, 2008, Pub. L. 110–161.
#### 1346.704 Authority for use of warranties.

Contracting officers are authorized to approve the use of warranties.
Exhibit 99(g)





CERTIFICATE REGARDINGPPL MONTANA, LLC'S 10-K FOR THE YEAR ENDED DECEMBER 31, 2002





In connection with the annual report on Form 10-K of PPL Montana,
  LLC (the "Company") for the year ended December 31, 2002, as filed with the
  Securities and Exchange Commission on the date hereof (the "Covered Report"),
  I, the principal executive officer of the Company, pursuant to 18 U.S.C. § 1350,
  as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, hereby
  certify that:





| | · | The Covered Report fully complies with the requirements
      of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended;
      and                   
| | - | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |   |                                                                                                                                                                         
| | · | The information contained in the Covered Report
      fairly presents, in all material respects, the financial condition and results
      of operations of the Company.





IN WITNESS WHEREOF, I have executed this certificate as of
  this 3rd day of March, 2003.









| | /s/ James H. MillerJames H. MillerPresidentPPL Montana, LLC
| | -----------------------------------------------------------
1201.201-1 The two councils. ( b ) The Senior Procurement Executive is responsible for providing a DOT representative to the Civilian Agency Acquisition Council (CAAC).
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<CIK> 0000317781
<NAME> ANCHOR PACIFIC UNDERWRITERS, INC.
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                       3,655,911
<SECURITIES>                                         0
<RECEIVABLES>                                2,692,831
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             6,540,488
<PP&E>                                       2,561,113
<DEPRECIATION>                               2,010,635
<TOTAL-ASSETS>                               7,765,332
<CURRENT-LIABILITIES>                        6,754,854
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        94,201
<OTHER-SE>                                   (395,293)
<TOTAL-LIABILITY-AND-EQUITY>                 7,765,332
<SALES>                                              0
<TOTAL-REVENUES>                            12,284,557
<CGS>                                                0
<TOTAL-COSTS>                               12,858,392
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             221,871
<INCOME-PRETAX>                              (846,412)
<INCOME-TAX>                                    22,444
<INCOME-CONTINUING>                          (823,968)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (775,330)
<EPS-PRIMARY>                                   (0.16)
<EPS-DILUTED>                                   (0.16)
        

</TABLE>
Case: 1:12-cv-00646 Document #: 1 Filed: 01/30/12 Page 1 of 9 PageID #:1

FILED 3/12/2012

THOMAS G. BRUTON CLERK, U.S. DISTRICT COURT

Case: 1:12-cv-00646 Document #: 7 Filed: 03/12/12 Page 1 of 9 PageID #:19
Case: 1:12-cv-00646 Document #: 7 Filed: 03/12/12 Page 2 of 9 PageID #:20 Case: 1:12-cv-00646 Document #: 1 Filed: 01/30/12 Page 2 of 9 PageID #:2
Case: 1:12-cv-00646 Document #: 7 Filed: 03/12/12 Page 3 of 9 PageID #:21 Case: 1:12-cv-00646 Document #: 1 Filed: 01/30/12 Page 3 of 9 PageID #:3
Case: 1:12-cv-00646 Document #: 7 Filed: 03/12/12 Page 4 of 9 PageID #:22 Case: 1:12-cv-00646 Document #: 1 Filed: 01/30/12 Page 4 of 9 PageID #:4
Case: 1:12-cv-00646 Document #: 7 Filed: 03/12/12 Page 5 of 9 PageID #:23 Case: 1:12-cv-00646 Document #: 1 Filed: 01/30/12 Page 5 of 9 PageID #:5
Case: 1:12-cv-00646 Document #: 7 Filed: 03/12/12 Page 6 of 9 PageID #:24 Case: 1:12-cv-00646 Document #: 1 Filed: 01/30/12 Page 6 of 9 PageID #:6
Case: 1:12-cv-00646 Document #: 7 Filed: 03/12/12 Page 7 of 9 PageID #:25 Case: 1:12-cv-00646 Document #: 1 Filed: 01/30/12 Page 7 of 9 PageID #:7
Case: 1:12-cv-00646 Document #: 7 Filed: 03/12/12 Page 8 of 9 PageID #:26 Case: 1:12-cv-00646 Document #: 1 Filed: 01/30/12 Page 8 of 9 PageID #:8
Case: 1:12-cv-00646 Document #: 7 Filed: 03/12/12 Page 9 of 9 PageID #:27 Case: 1:12-cv-00646 Document #: 1 Filed: 01/30/12 Page 9 of 9 PageID #:9
#### In the Matter of Pierre Patrick, Respondent, v Yolanda Farris, Appellant.

[835 NYS2d 617]—

*865In a proceeding pursuant to Family Court Act article 6, the mother appeals, as limited by her brief, from stated portions of an order of the Family Court, Suffolk County (Lynaugh, J.), entered January 3, 2006, which, after a hearing, and, inter alia, upon denying the father’s petition to modify custody, modified a prior order of the same court (Spinner, J.), entered March 22, 2002, as amended July 14, 2003, by directing, among other things, that the father shall have visitation with the subject child during the first three weekends of each month.

Ordered that the order is modified, on the law and in the exercise of discretion, by deleting the provision thereof directing that the father shall have visitation with the subject child during the first three weekends of each month and substituting therefor a provision directing that the father shall have visitation with the subject child during the first and third weekends of each month; as so modified, the order is affirmed insofar as appealed from, and the order entered March 22, 2002, as amended July 14, 2003, is modified accordingly, without costs or disbursements.

After a hearing, the Family Court, inter alia, denied the father’s petition to modify custody. The Family Court determined, however, that it would be in the best interests of the child to increase the amount of visitation previously stipulated to by the parties and set forth in a prior order of the court. On appeal, the mother contends, among other things, that the visitation schedule gives the father excessive visitation.

“The extent to which the noncustodial parent may exercise parenting time is a matter committed to the sound discretion of the hearing court, to be determined on the basis of the best interests of the child . . . consistent with the concurrent right of the child and the noncustodial parent ... to meaningful time together” *(see Chamberlain v Chamberlain,*24 AD3d 589, 592 [2005] [citations omitted]). “A visitation schedule that deprives the custodial parent of any significant quality time with the child is, however, excessive” *(Chamberlain v Chamberlain, supra*at 593 [internal quotation marks and citation omitted]; *see Cesario v Cesario,*168 AD2d 911 [1990]). Here, the visitation schedule ordered by the Family Court had that effect by allowing the father visitation with the school-aged child three weekends a month. “[A] more appropriate schedule, consistent with the parental rights and responsibilities of both parties” *(see Chamberlain v Chamberlain, supra*at 593), would be for the father to have visitation on the first and third weekends of each month, especially given the other times he is afforded visitation with the child.

*866Otherwise, the Family Court’s determination regarding visitation has a sound and substantial basis in the record *(see Matter of Herrera v O’Neill,*20 AD3d 422 [2005]; *Matter of Patsy M.C. v Loma W.C.,*165 AD2d 813 [1990]).

The mother’s remaining contention is without merit. Miller, J.E, Ritter, Covello and McCarthy, JJ., concur.
### §1853. Repealed. Pub. L. 103–465, title IV, §412(c), Dec. 8, 1994, 108 Stat. 4964

Section, act May 28, 1956, ch. 327, title II, §203, 70 Stat. 199, provided for an export sales program for cotton.

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

#### Effective Date of Repeal

Repeal effective on the date of entry into force of the WTO Agreement with respect to the United States (Jan. 1, 1995), except as otherwise provided, see section 451 of Pub. L. 103–465, set out as an Effective Date note under section 3601 of Title 19, Customs Duties.