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

DA 23

- 0643

SEBASTIAN ALEXANDER KEITEL,

Respondent and Appellant,

V.

AVANLEE CHRISTINE OKRAGLY,

Petitioner and Appellee. ORDER OF MEDIATOR APPOINTMENT

This appeal being subject to M.R.App.P. 7, and the parties having failed to jointly

and timely select a mediator under M.R.App.P., 7(4),(c),

IT IS ORDERED THAT William Michael Gilbert, whose name appears next on

the list of attorneys desiring appointment as mediators for Domestic Relations appeals

which is maintained pursuant to M.R.App.P., 7(4)(e), is hereby appointed to conduct the

mediation process required by M.R.App.P., 7(5), and

IT IS FURTHER ORDERED that the time periods set forth in M.R.App.P.,

7(5)(d) shall run from the date of this order of appointment.

A true copy of this order is being mailed to counsel of record for the parties, or to

the parties individually if not represented by counsel, on the date hereof.

DATED this November 29, 2023.

Bowen Greenwood , Clerk of the Supreme Court

c: Caitlin Terese Pabst, Steven E. Goodson, Christopher J. Gillette 11/29/2023

Case Number: DA 23-0643
Filed 2/13/14 by Clerk of Supreme Court

IN THE SUPREME COURT

STATE OF NORTH DAKOTA

2014 ND 21

Matthew Swearingen, Petitioner and Appellant

v.

State of North Dakota, Respondent and Appellee

No. 20130319

Appeal from the District Court of Ramsey County, Northeast Judicial District, the Honorable Donovan John Foughty, Judge.

AFFIRMED.

Per Curiam.

Thomas John Glass, 418 E. Rosser Ave., Ste. 102, Bismarck, ND 58501, for petitioner and appellant; submitted on brief.

Lonnie Olson, State’s Attorney, 524 4th Ave. NE, Devils Lake, ND 58301, for respondent and appellee; submitted on brief.

Swearingen v. State

No. 20130319

Per Curiam.

[¶1]Matthew Swearingen appealed from a district court order denying his application for post-conviction relief.  Swearingen argued the district court erred in denying his post-conviction relief application because he received ineffective assistance of counsel and his counsel’s alleged deficient performance prejudiced his defense.  This Court reversed and remanded to the district court “to provide more adequate findings on the issues raised as well as to provide a transcript of the post- conviction evidentiary hearing so that we may adequately review ineffective assistance of counsel and the waiver of a jury trial.”  Swearingen v. State, 2013 ND 125, ¶ 18, 833 N.W.2d 532.  We summarily affirm under N.D.R.App.P. 35.1(a)(2), concluding the district court’s findings of fact regarding waiver of a jury trial were not clearly erroneous, and under N.D.R.App.P. 35.1(a)(7).  See Murchison v. State, 2011 ND 126, ¶ 8, 799 N.W.2d 360 (“To establish a claim of ineffective assistance of counsel a defendant has a heavy burden of proving . . . the defendant was prejudiced by counsel’s deficient performance.”); Smestad v. State, 2011 ND 163, ¶ 11, 801 N.W.2d 691 (“If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed.”).

[¶2]Gerald W. VandeWalle, C.J.

Lisa Fair McEvers

Daniel J. Crothers

Dale V. Sandstrom

Carol Ronning Kapsner
## TECHNICAL SUPPORT DOCUMENT:

ENERGY EFFICIENCY PROGRAM

FOR COMMERCIAL AND INDUSTRIAL

EQUIPMENT:

SINGLE PACKAGE VERTICAL UNITS

December 20 14

U.S. Department of Energy

Assistant Secretary

Office of Energy Efficiency and Renewable Energy

Building Technologies Program

Appliances and Commercial Equipment Standards

Washington, DC 20585This Document was prepared for the Department of Energy

by staff members of

Navigant Consulting, Inc.

Pacific Northwest National Laboratory,

and

Ernest Orlando Lawrence Berkeley National Laboratory
Exhibit 32



CERTIFICATION

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350, as
adopted), I, Barry M. Yantis, President and Chief Executive Officer of Chase General Corporation, certify,



| | (1) | The Companys Quarterly Report on Form 10-QSB for the period ended September 30, 2003, to which this certification is attached as Exhibit 32 (the Periodic Report),
fully complies with the requirement of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Periodic Report fairly presents, in all material respects, the financial condition of the Company at the end of the period covered by the Periodic
Report and results of operations of the Company for the period covered by the Periodic Report.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                                     
|-------------------------------------
|/s/ Barry M. Yantis                  
|                                     
|Barry M. Yantis                      
|President and Chief Executive Officer
|                                     
|Dated: November 7, 2003              



16
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

SHERRICE D. KINCAID, etc., )

et al., )

)

Plaintiffs, )

)

v. ) No. 12 C 600

)

POLICE OFFICER DAN MESSINA, )

et al., )

)

Defendants. )

MEMORANDUM ORDER

This action was initially brought pursuant to 42 U.S.C.

§§1983 and 1981 to charge a violation of the constitutional

rights of a 17-year-old woman by Villa Park Police Officer Dan

Messina (“Messina”). Its four-page Complaint conformed admirably

to the dictate of Fed. R. Civ. P. (“Rule”) 8(a)(2) that calls for

“a short and plain statement of the claim.”

Plaintiff’s counsel then sought and was granted leave to

file an Amended Complaint--but regrettably that new pleading,

filed on April 13, has turned out to be a misguided effort. 

Quite apart from the all-too-common practice of employing

different counts to splinter a single claim in terms of various

different legal theories (see NAACP v. Am. Family Mut. Ins. Co.,

978 F.2d 287, 291-93 (7th Cir. 1992)), plaintiff’s counsel 1

has--for no apparent reason at all--repeated the same allegations

 No one seems to read and comply with the literal language 1

of Rule 10(b) any more.

Case: 1:12-cv-00600 Document #: 19 Filed: 04/26/12 Page 1 of 2 PageID #:62
in every one of the counts rather than employing incorporation by

reference. That, coupled with the present assertion of no fewer

than seven theories of recovery in as many counts, has caused the

Amended Complaint to balloon to more than 20 pages, when more

sensible drafting would have occupied only one-third to one-half

that number. Just as importantly, it is a discourtesy to

opposing counsel to have to repeat the same responses over and

over, when once again a judicious use of incorporation by

reference would do the job.

Accordingly the Amended Complaint is stricken, but with

leave granted to file a Second Amended Complaint on or before

May 11, 2012. But Messina and the Village of Villa Park (the

latter having been added as a defendant in the Amended Complaint)

are ordered to answer or otherwise plead to the Second Amended

Complaint within 14 days after receipt of that new pleading.

________________________________________

Milton I. Shadur

Senior United States District Judge

Date: April 26, 2012

2

Case: 1:12-cv-00600 Document #: 19 Filed: 04/26/12 Page 2 of 2 PageID #:63
Exhibit 32



CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002



We hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, that the Form 10-QSB of Reliability Incorporated (the Issuer) for the quarterly period ended March 31, 2005 (the Periodic Report):



| | 1. | 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 Periodic Report fairly presents, in all material respects, the financial condition and results of operations of the Issuer.
| | -- | ------------------------------------------------------------------------------------------------------------------------------------------------------------



|                        |  |  |  |                        
|----------------------- |  |  |  | -----------------------
|/s/ Larry Edwards       |  |  |  | /s/ Carl V. Schmidt    
|Larry Edwards           |  |  |  | Carl V. Schmidt        
|Chief Executive Officer |  |  |  | Chief Financial Officer
|May 5, 2005             |  |  |  | May 5, 2005
#### The People of the State of New York v. Frank Ciappetta.

Motion for leave to appeal as a poor person denied. Concur- — -Botein, P. J., Breitel, McNally, -Stevens and Noonan, JJ.
### §454. Advisers to counsel with Secretary of Agriculture; expenses and subsistence

The Secretary of Agriculture is authorized, in his discretion, to call advisers to counsel with him and/or his representatives relative to specific problems of cooperative marketing of farm products or any other cooperative activity. Any person, other than an officer, agent, or employee of the United States, called into conference, as provided for in this section, may be paid actual transportation expenses and not to exceed $10 per diem to cover subsistence and other expenses while in conference and en route from and to his home.

(July 2, 1926, ch. 725, §4, 44 Stat. 803.)

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

#### Transfer to Secretary of Agriculture

Transfer of Division of Cooperative Marketing "(by whatever name now called)" from Farm Credit Administration to Secretary of Agriculture, by act Aug. 6, 1953, ch. 335, §9, 67 Stat. 394, see note set out under section 452 of this title.

#### **Executive Documents**

#### Transfer of Functions

Farmer Cooperative Service in Department of Agriculture as successor to functions of Cooperative Research and Service Division, Farm Credit Administration, see note set out under section 452 of this title.

For prior transfers of functions, see notes set out under section 452 of this title.

#### Exceptions From Transfer of Functions

Functions of Corporations of Department of Agriculture, boards of directors and officers of such corporations; Advisory Board of Commodity Credit Corporation; and Farm Credit Administration or any agency, officer, or entity of, under, or subject to supervision of said Administration excepted from functions of officers, agencies, and employees transferred to Secretary of Agriculture by 1953 Reorg. Plan No. 2, §1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title.
#### 18.118 Overtime approvals.

Overtime approvals may be retroactive if justified by emergency circumstances. (See 22.103-4(i).)

[71 FR 38248, July 5, 2006. Redesignated at 72 FR 46344, Aug. 17, 2007. Redesignated at 76 FR 18309, Apr. 1, 2011]
#### 1430.201 Contract requirements.
§ 750.51 Final disposition. ( a ) *Claimant to be notified.* The adjudicating authority shall notify the claimant, in writing, of the action taken on the claim.
( b ) *Final denial.* A final denial, in whole or in part, of any MCA claim shall be in writing and sent to the claimant, or his attorney or legal representative, by certified or registered mail, return receipt requested. The notification of denial shall include a statement of the reason or reasons for denial and that the claimant may appeal. The notification shall also inform the claimant: ( 1 ) The title of the appellate authority who will act on the appeal and that the appeal will be addressed to the adjudicating authority who last acted on the claim.
( 2 ) No form is prescribed for the appeal, but the grounds for appeal should be set forth fully.
( 3 ) The appeal must be submitted within 30 days of receipt by the claimant of notice of action on the claim.
<TABLE> <S> <C>

<ARTICLE>                       5
<MULTIPLIER>                    1000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>               SEP-30-1996
<PERIOD-END>                    SEP-30-1996
<CASH>                          31,295
<SECURITIES>                    0
<RECEIVABLES>                   201,237
<ALLOWANCES>                    3,648
<INVENTORY>                     166,609
<CURRENT-ASSETS>                401,984
<PP&E>                          334,088
<DEPRECIATION>                  201,388
<TOTAL-ASSETS>                  631,229
<CURRENT-LIABILITIES>           117,382
<BONDS>                         40,423
<PREFERRED-MANDATORY>           0
<PREFERRED>                     0
<COMMON>                        685
<OTHER-SE>                      455,529
<TOTAL-LIABILITY-AND-EQUITY>    631,229
<SALES>                         793,575
<TOTAL-REVENUES>                793,575
<CGS>                           461,310
<TOTAL-COSTS>                   461,310
<OTHER-EXPENSES>                186,280
<LOSS-PROVISION>                1,227
<INTEREST-EXPENSE>              5,183
<INCOME-PRETAX>                 141,245
<INCOME-TAX>                    50,848
<INCOME-CONTINUING>             90,397
<DISCONTINUED>                  0         
<EXTRAORDINARY>                 0
<CHANGES>                       0
<NET-INCOME>                    90,397
<EPS-PRIMARY>                   1.48
<EPS-DILUTED>                   1.48
        

</TABLE>
#### Gunther Muller, as Administrator of the Estate of Thomas Muller, Deceased, Appellant, v Enrico Marino et al., Respondents.

— In a negligence action to recover damages for wrongful death and conscious pain and suffering, in which the latter cause of action was dismissed by the trial court after all of the testimony had been completed, plaintiff appeals, on the ground of inadequacy, from a judgment of the Supreme Court, Queens County, entered December 7, 1977, which is in his favor on the cause of action for wrongful death, upon a jury verdict in the amount of $25,000. Judgment reversed, on the law, and new trial granted upon the issue of damages only, with costs to abide the event, unless within 30 days after entry of the order to be made hereon, defendants shall serve and file in the office of the clerk of the trial court a written stipulation consenting to *967increase the verdict in favor of plaintiff on the wrongful death cause of action to $35,000, and to the entry of an amended judgment accordingly, in which event the judgment, as so increased and amended, is affirmed, without costs or disbursements. The damages awarded were inadequate to the extent indicated herein. Damiani, J. P., Gulotta, Hargett and Mangano, JJ., concur.
### §5713. Repealed. Pub. L. 113–188, title I, §101(d), Nov. 26, 2014, 128 Stat. 2017

Section, Pub. L. 95–501, title VI, §603, as added Pub. L. 101–624, title XV, §1531, Nov. 28, 1990, 104 Stat. 3689; amended Pub. L. 104–127, title II, §§241(c)(2), 251, Apr. 4, 1996, 110 Stat. 964, 971; Pub. L. 110–246, title III, §3001(b)(1)(A), (2)(K), June 18, 2008, 122 Stat. 1820, required quarterly reports specifying the cumulative amount of export assistance provided by the Commodity Credit Corporation and the Secretary under certain programs.
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#### In the Matter of Leo E. Sweeney, Appellant, v. Edward J. Donovan, Formerly Commissioner of Correction of the State of New York, et al., Respondents.

Appeal from an order of a Special Term, Supreme Court, Clinton County. Petitioner was employed as an attendant at Dannemora State Hospital and was discharged from employment. In this proceeding he was ordered restored to his position with pay from December 31, 1952 to February 15, 1956, giving credit for amounts earned in other employment. Thereafter he applied in the proceeding for a further order directing the respondents to allow him credit for the “ pass time and vacation credits which have accrued ” during the period for which back pay was directed. This application was denied at Special Term and petitioner appeals. The motion was correctly decided. Petitioner has been paid the full salary of the position diming the entire period of suspension. Section 23 of the Civil Service Law (as it read in 1956) provided that on restoration to a position the employee is entitled to “ the same compensation” (L. 1935, ch. 734) he would have received, and this is what petitioner has been allowed. Subdivision 2 of section 41-a of the Civil Service Law (as it then read) provided that an employee whose hours were limited to 48 hours a week and who was not “allowed time off” (L. 1952, ch. 314) would have increased pay or be given equivalent time. But petitioner does not show he was not “ allowed time off” during the period in question and does not bring himself within that subdivision. The right of compensation during a period of suspension from a position to which an employee is restored rests on statute (Civil Service Law, § 23), but no statute requires a vacation allowance for a period in which the employee does not work but for which a salary is directed to be paid by judicial determination. Petitioner fails to demonstrate any right to vacation or overtime payment. Order unanimously affirmed, without costs.
CHIEF JUSTICE

 ROGELIO VALDEZ

JUSTICES

 NELDA V. RODRIGUEZ

 DORI CONTRERAS GARZA

 GINA M. BENAVIDES

 GREGORY T. PERKES

 NORA L. LONGORIA

CLERK

 DORIAN E. RAMIREZ

NUECES COUNTY COURTHOUSE

901 LEOPARD, 10TH FLOOR

CORPUS CHRISTI, TEXAS 78401

361-888-0416 (TEL)

361-888-0794 (FAX)

HIDALGO COUNTY

ADMINISTRATION BLDG.

100 E. CANO, 5TH FLOOR

EDINBURG, TEXAS 78539

956-318-2405 (TEL)

956-318-2403 (FAX)

www.txcourts.gov/13thcoa

Court of Appeals 

Thirteenth District of Texas 

October 16, 2015

Hon. Gaines F. West II

West, Webb, Allbritton & Gentry, P.C.

1515 Emerald Plaza

College Station, TX 77845-1515

* DELIVERED VIA E-MAIL *

Hon. Roger W. Hughes

Adams & Graham

P. O. Drawer 1429

Harlingen, TX 78551-1429

* DELIVERED VIA E-MAIL *

Hon. Thomas F. Nye

Gault Nye & Quintana

Attorneys at Law

717 Everhart, Suite A

Corpus Christi, TX 78411

* DELIVERED VIA E-MAIL *

Re: Cause No. 13-14-00696-CV

Tr.Ct.No. 2014-DCL-00910-I

Style: Columbia Valley Healthcare System L.P. d/b/a Valley Regional Medical 

Center v. Maria Zamarripa, as Guardian of the Estates of Rey Francisco 

Ramirez and Rammy Justin Ramirez, Minors

Appellant’s motion for rehearing in the above cause was this day DENIED by this 

Court.

Very truly yours,

Dorian E. Ramirez, Clerk

DER:ch
IV 

118TH CONGRESS 

2D SESSION H. RES. 1463 

Censuring Representative Bennie Thompson for inciting violence, including 

two assassination attempts, against President Donald Trump. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 18, 2024 

Ms. GREENE of Georgia submitted the following resolution; which was referred 

to the Committee on Ethics 

RESOLUTION 

Censuring Representative Bennie Thompson for inciting violence, including two assassination attempts, against 

President Donald Trump. 

Whereas Representative Bennie Thompson has introduced H. 

R. 8081, the DISGRACED Former Protectees Act, targeting President Donald J. Trump by attempting to remove his United States Secret Service protection, which 

is granted to all former presidents; 

Whereas Representatives Troy Carter, Barbara Lee, Frederica Wilson, Yvette Clarke, Bonnie Watson Coleman, 

Jasmine Crockett, Joyce Beatty, and Steve Cohen are cosponsors of the bill; 

Whereas a staffer of Representative Bennie Thompson said 

after the first assassination attempt on President Trump, 

‘‘I don’t condone violence but please get you some shootVerDate Sep 11 2014 01:13 Sep 19, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HR1463.IH HR1463

ssavage on LAPJG3WLY3PROD with BILLS
2 

•HRES 1463 IH 

ing lessons so you don’t miss next time...ooops that 

wasn’t me talking.’’; 

Whereas Representative Jasmine Crockett lashed out in a recent interview, just hours before the second assassination 

attempt on President Trump, saying, ‘‘MAGA in general—they are threats to us domestically.’’; 

Whereas Representative Steve Cohen said, ‘‘Trump is an 

enemy of the United States.’’; and 

Whereas Representative Joyce Beatty said President Trump 

‘‘stepped on our democracy. He defied the Constitution.’’: 

Now, therefore, be it 

1 Resolved, That— 

2 (1) the House of Representatives censures Rep3 resentative Bennie Thompson for inciting violence, 

4 including two assassination attempts, against Presi5 dent Donald Trump; 

6 (2) Representative Thompson will forthwith 

7 present himself in the well of the House of Rep8 resentatives for the pronouncement of censure; and 

9 (3) Representative Thompson will be censured 

10 with the public reading of this resolution by the 

11 Speaker. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS
June 4, 1975.

C. A. No. 75-62.

#### State *v.*Andrew Sawyers.

*Julius C. Michaelson,*Attorney General, for plaintiff. *William F. Reilly,*Public Defender, *Paul E. Kelley,*Asst. Public Defender, for defendant.

Motion of defendant for extension of time in which to file his brief is denied as being moot.