alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# U ni te d S ta te s Co ur t of A pp ea ls For the Eig hth Circu it

__ __ __ __ __ __ __ __ __ __ __ __ __ _ No. 1 7- 35 52

__ __ __ __ __ __ __ __ __ __ __ __ __ _ Uni te d S ta te s o f Am eri ca,
ll ll ll ll ll ll ll ll ll ll l Pla in ti

ff - App el le e ,

v.
Mi ch ael Desh on e Hol m es , ll ll ll ll ll ll ll ll ll ll l Defe nd

an t - Ap pe ll an t

.

__ __ __ __ __ __ App eal fro m

Uni te d S ta te s Di st ric t Co ur t fo r th e Nor th ern Dis tri ct of I owa- W at erl oo

__ __ __ __ __ __ Subm it te d: Feb ru ary 23 , 20 18 Fi le d: Feb ru ary 28 , 20 18 [Un pu bl is he d]

__ __ __ __ __ __ Befo re COLLOTON, BOW MAN, an d B ENTON, Ci rcu it Ju dg es

.

__ __ __ __ __ __ PER CURI AM.

In th is di rect cri m in al a p p e a l , Mi ch ael Hol m es ch al le ng es th e or de r of th e di st ric t co ur t rev ok in g hi s su pe rv is ed r e l e a s e an d im po si ng a 6- m on th se nt en ce, 1

The Hon or ab le Lin da R. Rea de , Uni te d St at es Dis tri ct Ju dg e fo r th e Nor th ern 1 Dis tri ctof I owa

.fo ll owe d by 6 m on th s of su pe rv is ed rel eas e. His co un se l ha s m ov ed to wit hd raw, an d

ha s su bm it te d a br ie f arg ui ng th at th e di st ric t co ur t ab us ed it s di sc ret io n by rev ok in g Hol m es ’s su pe rv is edrel eas e, an d t ha t t he sen te nc e is su bs ta nt iv el y un reas on ab le

. Upo n c aref

ul rev ie w of t he reco rd , we co nc lu de th at th e di st ric t cou rt di d n ot ab us e i t s d i s c ret io n by re vo ki ng Hol m es ’s s up erv is ed rel eas e. Se e Uni te d St at es v. Mil le r , 55 7 F.3 d 91 0, 91 4 (8 th Ci r. 20 09 ) (s ta nd ard of rev ie w). W e fu rth er co nc lu de th at Hol m es ’s se nte nc e w as not unr eas on ab le , as th e di st ric t co ur t pr op erl y co ns id ered t h e 18 U.S.C. § 35 53 (a) fact or s; th ere was no in di cat io n th e co ur t ov er l o o k e d a rel ev an t fact or , or co m

m it te d a cl ear erro r of ju d g ment in weig hi ng th e rel ev an t fact or s, se e Uni te d St at es v. Jo hn so n , 82 7 F.3 d 74 0, 74 4 (8 th Ci r. 20 16 ) (s ta nd ard of

rev ie w); an d th e se nt en ce was w i th in th e Gui de li ne s ran ge , se e Uni te d St at es v. Perk in s , 52 6 F.3 d 11 07 , 11 10 (8 th Ci r. 20 08 ). Acco rd in gl y , we gr an t co un se l le av e to wit hd raw, an d a ffi rm

.

__ __ __ __ __ __ __ __ __ __ __ __ __ __ __

-2

-
§ 1.246-1 Deductions not allowed for dividends from certain corporations. The deductions provided in sections 243 (relating to dividends received by corporations), 244 (relating to dividends received on certain preferred stock), and 245 (relating to dividends received from certain foreign corporations), are not allowable with respect to any dividend received from: ( a ) A corporation organized under the China Trade Act, 1922 (15 U.S.C. ch. 4) (see section 941); or
( b ) A corporation which is exempt from tax under section 501 (relating to certain charitable, etc., organizations) or section 521 (relating to farmers' cooperative associations) for the taxable year of the corporation in which the distribution is made or for its next preceding taxable year; for
( c ) A corporation to which section 931 (relating to income from sources within possessions of the United States) applies for the taxable year of the corporation in which the distribution is made or for its next preceding taxable year; or
( d ) A real estate investment trust which, for its taxable year in which the distribution is made, is taxable under Part II, Subchapter M, Chapter 1 of the Code. See section 243(c)(3), paragraph (c) of § 1.243-2, section 857(c), and paragraph (d) of § 1.857-6.
[T.D. 6500, 25 FR 11402, Nov. 26, 1960, as amended by T.D. 6598, 27 FR 4092, Apr. 28, 1962; T.D. 7767, 46 FR 11264, Feb. 6, 1981]
§ 1.665(c)-1A Special rule applicable to distributions by certain foreign trusts. ( a ) *In general.* Except as provided in paragraph (b) of this section, for purposes of section 665 any amount paid to a U.S. person which is from a payor who is not a U.S. person and which is derived directly or indirectly from a foreign trust created by a U.S. person shall be deemed in the year of payment to the U.S. person to have been directly paid to the U.S. person by the trust. For example, if a nonresident alien receives a distribution from a foreign trust created by a U.S. person and then pays the amount of the distribution over to a U.S. person, the payment of such amount to the U.S. person represents an accumulation distribution to the U.S. person from the trust to the extent that the amount received would have been an accumulation distribution had the trust paid the amount directly to the U.S. person in the year in which the payment was received by the U.S. person. This section also applies in a case where a nonresident alien receives indirectly an accumulation distribution from a foreign trust created by a U.S. person and then pays it over to a U.S. person. An example of such a transaction is one where the foreign trust created by a U.S. person makes the distribution to an intervening foreign trust created by either a U.S. person or a person other than a U.S. person and the intervening trust distributes the amount received to a nonresident alien who in turn pays it over to a U.S. person. Under these circumstances, it is deemed that the payment received by the U.S. person was received directly from a foreign trust created by a U.S. person.
( b ) *Limitation.* In the case of a distribution to a beneficiary who is a U.S. person, paragraph (a) of this section does not apply if the distribution is received by such beneficiary under circumstances indicating lack of intent on the part of the parties to circumvent the purposes for which section 7 of the Revenue Act of 1962 (76 Stat. 985) was enacted.
[T.D. 7204, 37 FR 17139 Aug. 25, 1972]
AMENDMENT NO. 1 TO ADMINISTRATIVE SERVICES AGREEMENT

     AMENDMENT NO. 1 TO ADMINISTRATIVE  SERVICES  AGREEMENT dated as of February
5, 2003 between ML-LEE ACQUISITION FUND II, L.P., a Delaware limited partnership
(the "Fund"), and ML FUND ADMINISTRATORS INC., a Delaware corporation ("MLFAI").

                        W I T N E S S E T H :
                        - - - - - - - - - -

         WHEREAS, the Fund and MLFAI entered into that certain Administrative
Services Agreement, dated as of November 10, 1989 (the "Agreement");

         WHEREAS, ML-Lee Acquisition Fund (Retirement Accounts) II, L.P., a
business development company with the same investment objectives as, and under
common control with, the Fund, has similarly retained MLFAI to provide certain
administrative services to the Fund;

         WHEREAS, the parties desire to amend the Agreement in certain respects
in order to adjust the
compensation of MLFAI;

         NOW, THEREFORE, in consideration of the premises and subject to the
terms and conditions set forth herein, the parties hereto agree as follows:

         1.       All capitalized terms used herein and not otherwise defined
shall have the meanings ascribed to them in the Agreement.

         2. Effective as of January 1, 2003, the annual Fund Administration Fee
         payable by the Fund to MLFAI pursuant to the first sentence of Section
         4 of the Agreement shall be the product of $200,000.00 and the
         Allocation Fraction.

         3. MLFAI acknowledges that the Fund is in dissolution. Notwithstanding
         such dissolution and the provisions of Section 7(d) of the Agreement,
         the parties hereto agree, except as modified herein, that the Agreement
         shall remain in full force and effect.



         [Remainder of Page Intentionally Left Blank]



<PAGE>


      IN WITNESS WHEREOF, the Fund and MLFAI have caused this Amendment No. 1
to Administrative Services Agreement to be duly executed as of the date first
above written by their respective officers and representatives.

                                ML-LEE ACQUISITION FUND II, L.P.
                                By  Mezzanine Investments II, L.P.
                                Managing General Partner
                                By  ML Mezzanine II Inc., its General Partner



                                By: /s/ James V. Bruno
                                -----------------
                                Name:  James V. Bruno
                                Title:    Vice President



                                ML FUND ADMINISTRATORS INC.


                                By: /s/ James V. Bruno
                                ------------------
                                Name:  James V. Bruno
                                Title: Vice President
#### WKAP, Inc., v. Hudson-Allentown Motors, Inc.

(No. 2)

*Bernard B. Naef,*for plaintiff.

*L. R. Long,*for defendant.

March 30, 1953.

Henninger, P. J.,

Plaintiff sued defendant for the balance due upon a written contract with defendant for radio time which admittedly was furnished at the price agreed upon. Defendant had paid all that had been paid on the contract, about $750, and contended that the $293.34 still due was owing by Hudson-Bethlehem Motors, Inc., because the contract contained this language:

“Bill *x/%*of monthly charge to Hudson-Allentown Motors, Inc., 26 N. 5th St., Allentown, Pa. Bill % of monthly charge to Hudson-Bethlehem Motors, Inc., 1902 W. Broad St., Bethlehem, Pa.”

On preliminary objections, we have already held that that language does not necessarily and of itself relieve defendant of liability for one half of the charges for service for which it contracted, and we left the question of interpretation to the jury upon evidence concerning the parties’ own interpretation of their contract: WKAP, Inc., v. Hudson-Allentown Motors, Inc., 79 D. & C. 354.

At the trial it developed that Hudson-Allentown and Hudson-Bethlehem were two distinct corporate entities, both owned by a Mr. Phillips and that the separate billings were for auditing purposes to indi*520cate the operating costs for each organization, that the bills whether to Hudson-Allentown or to HudsonBethlehena were always made out for the full amount with a notation “% of the above for your account”.

The account was slow and the testimony showed that all dunning was with Hudson-Allentown, which paid all that was paid on the account.

Since defendant contracted for all the services rendered and since the conversations and conduct of the parties indicated that it was being held accountable despite the split billing, the verdict against defendant was amply supported by the testimony taken at the trial.

Now, March 30, 1953, defendant’s motions for a new trial and for judgment n. o. v. are denied and judgment is now entered upon the verdict for $330, with interest from May 9, 1952, and costs.
§ 1.857-9 Information required in returns of shareholders. ( a ) *In general.* Any person who fails or refuses to submit to a real estate investment trust the written statements required under § 1.857-8 to be demanded by such trust from its shareholders of record shall submit at the time he files his income tax return for his taxable year which ends with, or includes, the last day of the trust's taxable year (or before July 1, 1962, whichever is later) a statement setting forth the information required by this section.
( b ) *Information required* — ( 1 ) *Shareholder of record not actual owner.* In the case of any person holding shares of stock in any trust claiming to be a real estate investment trust who is not the actual owner of such stock, the name and address of each actual owner, the number of shares owned by each actual owner at any time during such person's taxable year, and the amount of dividends belonging to each actual owner.
( 2 ) *Actual owner of shares.* In the case of an actual owner of shares of stock in any trust claiming to be a real estate investment trust— ( i ) The name and address of each such trust, the number of shares actually owned by him at any and all times during his taxable year, and the amount of dividends from each such trust received during his taxable year;
( ii ) If shares of any such trust were acquired or disposed of during such person's taxable year, the name and address of the trust, the number of shares acquired or disposed of, the dates of acquisition or disposition, and the names and addresses of the persons from whom such shares were acquired or to whom they were transferred;
( iii ) If any shares of stock (including securities convertible into stock) of any such trust are also owned by any member of such person's family (as defined in section 544(a)(2)), or by any of his partners, the name and address of the trust, the names and addresses of such members of his family and his partners, and the number of shares owned by each such member of his family or partner at any and all times during such person's taxable year; and
( iv ) The names and addresses of any corporation, partnership, association, or trust, in which such person had a beneficial interest of 10 percent or more at any time during his taxable year.
(Sec. 856(d)(4) (90 Stat. 1750; 26 U.S.C. 856(d)(4)); sec. 856(e)(5) (88 Stat. 2113; 26 U.S.C. 856(e)(5)); sec. 856(f)(2) (90 Stat. 1751; 26 U.S.C. (856(f)(2)); sec. 856(g)(2) (90 Stat. 1753; 26 U.S.C. 856(g)(2)); sec. 858(a) (74 Stat. 1008; 26 U.S.C. 858(a)); sec. 859(c) (90 Stat. 1743; 26 U.S.C. 859(c)); sec. 859(e) (90 Stat. 1744; 26 U.S.C. 859(e)); sec. 6001 (68A Stat. 731; 26 U.S.C. 6001); sec. 6011 (68A Stat. 732; 26 U.S.C. 6011); sec. 6071 (68A Stat. 749, 26 U.S.C. 6071); sec. 6091 (68A Stat. 752; 26 U.S.C. 6091); sec. 7805 (68A Stat. 917; 26 U.S.C. 7805), Internal Revenue Code of 1954))
[T.D. 6598, 27 FR 4089, Apr. 28, 1962, as amended by T.D. 6628, 27 FR 12794, Dec. 28, 1962. Redesignated and amended by T.D. 7767, 46 FR 11277, 11279, Feb. 6, 1981]
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 19-3410

___________________________

Terry D. Owens

lllllllllllllllllllllPlaintiff - Appellant

v.

Central Bank #K00002095; Central Bank #X00126219; Central Trust Bank, a

non-registered entity, also known as The Central Trust Bank, also known as The

Central Trust Bank, Charter #U00000057; James Gerling, Bankcard Officer; Al

Stonum, Jr., Vice President & Bank Card Director; Central Bank #X00189569

lllllllllllllllllllllDefendants - Appellees

 ____________

Appeal from United States District Court 

for the Western District of Missouri - Springfield

 ____________

 Submitted: June 19, 2020

Filed: June 24, 2020 

[Unpublished]

____________

Before LOKEN, GRUENDER, and BENTON, Circuit Judges.

____________

PER CURIAM.
Missouri resident Terry D. Owens appeals the district court’s1

 dismissal of two

post-judgment motions filed 4 years after the dismissal of his pro se complaint. 

Having jurisdiction under 28 U.S.C. § 1291, this court affirms. 

This court concludes that the district court did not abuse its discretion in

denying the motions. See Noah v. Bond Cold Storage, 408 F.3d 1043, 1045 (8th Cir.

2005) (standard of review). 

The judgment is affirmed. See 8th Cir. R. 47B.

______________________________

1The Honorable M. Douglas Harpool, United States District Judge for the

Western District of Missouri.

-2-
Exhibit 32.01

CERTIFICATION OF
CHIEF EXECUTIVE OFFICER
REQUIRED BY RULE 13a-14(b) or RULE 15d-14(b)
AND SECTION 906 OF THE SARBANES-OXLEY ACT
OF 2002, 18 U.S.C. SECTION 1350

In connection with the Quarterly Report of Williams Controls, Inc (the
Company) on Form 10-Q for the period ended March 31, 2011 as filed with the Securities and Exchange Commission on
the date hereof (the Report), I, Patrick W. Cavanagh, Chief Executive Officer
of the Company, certify, 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.

|                        | 
|----------------------- | 
|/s/ PATRICK W. CAVANAGH
|                        | 
|Patrick W. Cavanagh    
|Chief Executive Officer
|Williams Controls, Inc.
|May 12, 2011           

---
#### § 1.706-2 Certain allocable cash to as is items. [Reserved]
|WELLS FARGO(logo) | Commercial
Mortgage ServicingD1050-084, 8th Floor401 South Tryon StreetCharlotte,
NC 282021-800-326-1334
|----------------- | --------------------------------------------------------------------------------------------------------



ANNUAL STATEMENT OF COMPLIANCE



Reference is hereby made to that certain Pooling and Servicing Agreement dated as of October 1, 2015, by and
among GS MORTGAGE SECURITIES CORPORATION II, as Depositor, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Master Servicer, MIDLAND
LOAN SERVICES, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION , as Special Servicer, PENTALPHA SURVEILLANCE LLC, as Operating Advisor,
U.S. BANK NATIONAL ASSOCIATION, as Certificate Administrator and Trustee, with respect to Commercial Mortgage Pass-Through Certificates
Series 2015-GC34 (the “Agreement”). Capitalized terms used herein not otherwise defined shall have the meanings assigned
in the Agreement.



Pursuant to Section 10.07 of this Agreement, I, Daniel Bober, Executive Vice President of Commercial Mortgage
Services do hereby certify that:



|1. |  | A review of the activities of the Master Servicer during the period from January 1, 2016 through December
31, 2016 (the “Reporting Period”), and of its performance per the Agreement during such period has been made under
my supervision, and
|-- |  | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|   |  |                                                                                                                                                                                                                                                 
|2. |  | To the best of my knowledge, based on such review, the Master Servicer has fulfilled all of its obligations
under the Agreement in all material respects throughout the Reporting Period.                                                       



IN WITNESS WHEREOF, the undersigned has executed this Certificate as of
the 28th day of February 2017.



|/s/ Daniel Bober         | 
|------------------------ | 
|Daniel Bober             | 
|Executive Vice President | 
|Wells Fargo Bank         | 



|Wells Fargo Bank, N.A. | Together we’ll go far
|---------------------- | ---------------------
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

JOSEPH RUSSEL PIEDRA,

Appellant, 

v.

THE STATE OF TEXAS,

Appellee.

§

§

§

§

§

§

No. 08-20-00078-CR

Appeal from the

120th District Court

of El Paso County, Texas

(TC# 20190D05638)

J U D G M E N T

The Court has considered this cause on the record and concludes the attempted appeal 

should be dismissed for want of jurisdiction, in accordance with the opinion of this Court. We 

therefore dismiss the appeal. This decision shall be certified below for observance.

IT IS SO ORDERED THIS 9TH DAY OF APRIL, 2020.

YVONNE T. RODRIGUEZ, Justice

Before Alley, C.J., Rodriguez, and Palafox, JJ.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the balance
sheet of CNL Income Fund VII, Ltd. at June 30, 1997, and its statement of income
for the six months ended and is qualified in its entirety by reference to the
Form 10Q of CNL Income Fund VII, Ltd. for the six months ended June 30, 1997.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                         938,165
<SECURITIES>                                         0
<RECEIVABLES>                                   43,485
<ALLOWANCES>                                    27,959
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0<F1>
<PP&E>                                      17,552,433
<DEPRECIATION>                               2,017,392
<TOTAL-ASSETS>                              25,309,162
<CURRENT-LIABILITIES>                                0<F1>
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  24,429,859
<TOTAL-LIABILITY-AND-EQUITY>                25,309,162
<SALES>                                              0
<TOTAL-REVENUES>                             1,314,915
<CGS>                                                0
<TOTAL-COSTS>                                  244,229
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              1,138,089
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          1,138,089
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,138,089
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1>Due to the nature of its industry, CNL Income Fund VII, LTD has an unclassified
balance sheet, therefore, no values are shown above for current assets and
current liabilities.
</FN>
        

</TABLE>
**Exhibit 32.1**

​

**Certification of Chief Executive OfficerPursuant toSection 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350)**

In connection with the annual report on Form 10-K for the year ended December 31, 2021 (the “Report”) of Runway Growth Finance Corp. (the “Registrant”), as filed with the Securities and Exchange Commission on the date hereof, I, R. David Spreng, the Chief Executive Officer of the Registrant, hereby certify, to the best of my knowledge, that:
|  | (1) | the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and |
|--|-----|-----------------------------------------------------------------------------------------------------------------------------------|
|  | (2) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant. |
|--|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------|

​

| 1       | ​             | ​         |
|---------|---------------------|-----------------|
| ​ | /s/ R. David Spreng |
| ​ | **Name:**           | R. David Spreng |
| ​ | **Date:**           | March 14, 2022  |

​

----