alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 12-13622

________________________

D.C. Docket No. 1:11-cv-00202-MEF-SRW

WINDHAM TODD PITTMAN, 

RHONDA LEE PITTMAN,

Plaintiffs-Appellants,

versus

STATE FARM FIRE AND CASUALTY COMPANY, 

a Stock Company, 

Defendant-Appellee.

________________________

Appeal from the United States District Court

for the Middle District of Alabama

________________________

(May 20, 2013)

Before HULL and ANDERSON, Circuit Judges, and SCHLESINGER,* District 

Judge.

PER CURIAM: 

 *

Honorable Harvey E. Schlesinger, United States District Judge for the Middle District of 

Florida, sitting by designation.

Case: 12-13622 Date Filed: 05/20/2013 Page: 1 of 2 
2

Plaintiffs-Appellants Windham Todd Pittman and Rhonda Pittman appeal 

the district court’s entry of summary judgment in favor of Defendant-Appellee 

State Farm on the Pittmans’ breach-of-contract claim. The Pittmans’ suit arose out 

of State Farm’s denial of claims made under two insurance policies that the 

Pittmans had with State Farm.

After reviewing the parties’ briefs and the record, and with the benefit of 

oral argument, we affirm the district court’s grant of summary judgment to State 

Farm largely1 for the reasons stated in the district court’s thorough and wellreasoned published order dated June 21, 2012.

2

 See Pittman v. State Farm Fire & 

Cas. Co., 868 F. Supp. 2d 1335 (M.D. Ala. 2012).

AFFIRMED.

 1 We need not decide whether Alabama law requires an insurance company to prove 

prejudice in this context. We can assume arguendo, without deciding, that prejudice is required, 

but we conclude that no reasonable jury could fail to find that Plaintiffs’ breach—their failure to 

provide the reasonably requested banking and credit card information—was prejudicial.

2 State Farm and the Pittmans have filed various motions attempting to supplement the 

record to show that Mr. Pittman has now been charged with attempted insurance fraud because a 

“stolen” diamond was found on him and 56 “stolen” paintings were recovered in a storage unit 

rented by his alleged girlfriend. Because we affirm the district court’s summary judgment ruling 

based on the terms of the insurance policies, we need not resolve the motions. Accordingly, all 

pending motions for leave to file supplemental briefs and record materials are DENIED AS 

MOOT.

Case: 12-13622 Date Filed: 05/20/2013 Page: 2 of 2
2006 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

6-12-2006

USA v. Awwad

Precedential or Non-Precedential: Non-Precedential

Docket No. 05-2241

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2006

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 2006 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"USA v. Awwad" (2006). 2006 Decisions. Paper 921.

http://digitalcommons.law.villanova.edu/thirdcircuit_2006/921
NOT PRECEDENTIAL

IN THE UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

 

NO. 05-2241

 

 UNITED STATES OF AMERICA

v.

HAITHAM AWWAD, also known as 

TANMAN4YOUNGERF

Haitham Awwad,

Appellant

 

On Appeal From the United States District Court

For the Eastern District of Pennsylvania 

(D.C. Crim. Action No. 02-cr-00481)

District Judge: Hon. Timothy J. Savage

 

Submitted Pursuant to Third Circuit LAR 34.1(a)

May 19, 2006

BEFORE: McKEE and STAPLETON, Circuit Judges,

and McCLURE,* District Judge

(Opinion Filed June 12, 2006)

 

 

* Hon. James F. McClure, Jr., United States District Judge for the Middle District of

Pennsylvania, sitting by designation.
2

 

OPINION OF THE COURT

 

STAPLETON, Circuit Judge:

Haitham Awwad appeals his conviction under 18 U.S.C. § 2422(b) for attempting

to use a means of interstate commerce (the Internet) to persuade, induce, and entice a

minor to engage in sexual activity and his conviction under 18 U.S.C. § 2423(b) for

traveling in interstate commerce for the purposes of engaging in sexual conduct with a

minor. He argues on appeal that he cannot be convicted under either statute because his

intended victim was, in fact, not a minor but an undercover FBI agent posing as a minor

online. While his appeal was pending we rejected the precise arguments made by Awwad

under both of these statutory provisions in United States v. Tykarsky, __ F.3d __, 2006

WL 1236824 (3d Cir. May 10, 2006). Accordingly, we will affirm the order of the

District Court.
§ 611.326 Floor nominations for open Farm Credit bank and association director positions. ( a ) Each floor nominee must be eligible for the director position for which the person has been nominated.
( b ) ( 1 ) Voting stockholders of associations must be allowed to make floor nominations for every open stockholder-elected director position. Associations using only mail ballots must allow nominations from the floor at every session of an annual meeting. Associations permitting stockholders to cast votes during annual meetings may only allow nominations from the floor at the first session of the annual meeting.
( 2 ) If floor nominations are permitted by a Farm Credit bank's election policies and procedures, voting stockholders must be allowed to make floor nominations for every open stockholder-elected director position and a physical meeting space must exist. Before every director election by a Farm Credit bank, the bank must inform voting stockholders whether floor nominations will be accepted.
( c ) Each association's board of directors must adopt policies and procedures for making and accepting floor nominations of candidates to stand for election to its board of directors. Each Farm Credit bank's board of directors allowing nominations from the floor must also adopt policies and procedures for making and accepting floor nominations. Policies and procedures for floor nominations must, at a minimum, provide that: ( 1 ) Floor nominations may only be made after the nominating committee has provided its list of director-nominees.
( 2 ) No more than a second by a voting stockholder to a nomination from the floor is required. After receiving a floor nomination, the floor nominee must state if he or she accepts the nomination.
( 3 ) Floor nominees must make the disclosures required by § 611.330 of this part.
[75 FR 18741, Apr. 12, 2010]
[Federal Register Volume 65, Number 79 (Monday, April 24, 2000)]
[Notices]
[Page 21799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10199]


-----------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION


Public Meeting

    The Mid Atlantic States Regulatory Fairness Board will hold a 
public hearing on May 17, 2000 at the Polytechnic University of Puerto 
Rico located at 377 Ponce de Leon Avenue, University Theatre Hato Rey, 
Puerto Rico 00919 at 9 a.m. The space is being donated by the 
University and the event is being co-hosted by Banco Popular. The 
purpose of the meeting is to receive comments and testimony from small 
businesses and representatives of trade associations concerning 
regulatory enforcement or compliance actions taken by federal agencies. 
Transcripts of these proceedings will be posted on the Internet. These 
transcripts are subject only to limited review by the National 
Ombudsman. Contact: Gary P. Peele (312) 353-0880.

Bettie Baca,
Counselor to the Administrator/Public Liaison.
[FR Doc. 00-10199 Filed 4-21-00; 8:45 am]
BILLING CODE 8025-01-P
# C_2021324EN.01001001.xml

| 12.8.2021 | EN | Official Journal of the European Union | C 324/10 |
| --- | --- | --- | --- |

12.8.2021

EN

Official Journal of the European Union

C 324/10

---

State aid – Decision to raise no objections

(2021/C 324/06)

The EFTA Surveillance Authority raises no objections to the following state aid measure:

| Date of adoption of the decision | 29 April 2021 |
| --- | --- |
| Case No | 86666 |
| Decision No | 034/21/COL |
| EFTA State | Norway |
| Title (and/or name of the beneficiary) | State aid to support dedicated alternative fuels infrastructure 2021-2025 |
| Legal basis | Enova Programmes |
| Type of measure | Scheme |
| Objective | Environmental |
| Form of aid | Grants |
| Budget | NOK 200 million |
| Intensity | 40 % for large enterprises, 50 % for medium-sized enterprises and 60 % for small enterprises |
| Duration | Until 31 December 2025 |
| Economic sectors | Open to all sectors |
| Name and address of the granting authority | Enova SF |
| Brattørkaia 17A |
| N-7010 Trondheim |
| NORWAY |

Date of adoption of the decision

29 April 2021

Case No

86666

Decision No

034/21/COL

EFTA State

Norway

Title (and/or name of the beneficiary)

State aid to support dedicated alternative fuels infrastructure 2021-2025

Legal basis

Enova Programmes

Type of measure

Scheme

Objective

Environmental

Form of aid

Grants

Budget

NOK 200 million

Intensity

40 % for large enterprises, 50 % for medium-sized enterprises and 60 % for small enterprises

Duration

Until 31 December 2025

Economic sectors

Open to all sectors

Name and address of the granting authority

Enova SF

Brattørkaia 17A

N-7010 Trondheim

NORWAY

The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website: http://www.eftasurv.int/state-aid/state-aid-register/decisions/

---
#### JOHNSON’S ADMINISTRATOR *v.*KELLY, ET AL. CANAL COMMISSIONERS.

Canal commissioners — mandamus—action on the case — public officer.

Where a public officer is directed by resolution of the legislature, to pay an award for damages, which he neglects or refuses to pay until the next meeting of the legislature, the payment, if legal, must be enforced by a writ of mandamus.

An action upon the case will not lie against a public officer, unless he has acted wrong wilfully and oppressively.

The plaintiff declared in case, that the general assembly of Ohio, by resolution, directed the defendants, as canal commissioners, to cause to be paid to the plaintiff $5000, the amount of an award in his favor, by Bates, engineer, for damages sustained by him on a contract touching section No. 1, on the Ohio canal — and averred that he had called on the defendants for the money and that they wrongfully refused to pay. Plea not guilty.

The cause was submitted to the court upon an agreed case: from which it appeared that the general assembly, at the close of a session had passed a. resolution directing the canal commissioners to pay $5000, damages, &c; that a copy of the resolution was presented to the board and the money demanded. The board declined paying until the next session of the general assembly. At the next session of the general assembly, a call was made upon the canal commissioners for information, which was communicated, and the resolution rescinded.

Willey, for the plaintiff,

contended that the first resolution conferred a right, which no subsequent legislature could interfere with, as it would impair the obligation of a contract or private right. The resolution has the effect of a law directing the application of a particular fund; it is not the usual case of an appropriation of money in the treasury. The liability of the defendants consists in "their wrongful refusal to pay.

Kelly, contra, was stopped

By the Court.

The defendants are public officers. If it be true that their refusal deprived the plaintiff of a right to the money, they *354should be compelled to pay by mandamus. They cannot be made liable in an action on the case, unless they .have acted wilfully and oppressively. There is no evidence upon that point.

Nonsuit ordered. .
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Youhave reached the Federal Depository Library Program Electronic Collection(FDLP/EC) Archive. This archive assures ongoing access to publications in theFDLP/EC. Access to publications in the archive is available through GPO's suiteof cataloging and locator services, including the Catalog of U.S. GovernmentPublications.
**Title:****HIV/AIDS among U.S. women [electronicresource] : minority and young women at continuing risk.
 
2000 | 2001 | 2002
 
SuDoc Number:HE 20.7320/3:W 84/
Item Number:0494-K-12 (online)
CGP System Number:000605356
 
 
 
** 
**Permanent Public Access
** 
Title 44 of  the United States Code (44 U.S.C. Section 1911) stipulates that public access  to official Government information products disseminated through the Federal  Depository Library Program (FDLP) must be maintained permanently in regional  depository libraries and by depository libraries not served by a regional  library. Since online products are not physically distributed to depository  libraries for retention, GPO has assumed responsibility for the provision of  permanent access to Government information products residing on FDsys  servers.
GPO's  permanent public access commitment is also met by bringing  agency-disseminated Internet resources under the purview of GPO and  incorporating them into a digital archive. GPO captures copies of agency  electronic information products, and creates PURLs so that users will be  automatically redirected to the archived products if the information is no  longer accessible on the agency Web site. Please refer to the report Managing  the FDLP Electronic Collection: A Policy and Planning Document for more  information.
 
July 24, 2017********
----

(2004/C 88 E/0286)

WRITTEN QUESTION P-1105/04

by Massimo Carraro (PSE) to the Commission

(5 April 2004)

Subject:   Raw materials

The prices of many raw materials such as aluminium, copper, coke and scrap metal, which are crucial for a whole range of industrial production processes essential to the European economy, have risen sharply causing production problems.

This situation affecting the European steel market is largely due to measures taken by China which, despite joining the WTO, has maintained quantitative trade restrictions.

Does the European Commission not consider that it is necessary to:

----
230113 EXHIBIT A. APPEARANCE SHEET VERSION JANUARY 13, 2023 1

EXHIBIT A1

PARTY APPEARANCE SHEET

Name of Party 

ATTORNEY 1 Appearance Method In Person PR/NY or CourtSolutions Speaking Line2

Choose one option only. 

Name

Law Firm

Email

Phone Number

Docket Entry No. of

Notice of Appearance

ATTORNEY 2 Appearance Method In Person PR/NY or CourtSolutions Speaking Line

Name

Law Firm

Email

Phone Number

Docket Entry No. of

Notice of Appearance

ADDITIONAL 

ATTORNEY 

OBSERVATION

Complete the below 

information for each 

attorney appearing for 

observation purposes. 

Name

• In Person – PR

• In Person – NY

• CourtSolutions 

Listen Only

Law Firm

Email 

Phone Number 

Attorneys who wish to view but not participate in the hearing may gain admittance to the San Juan 

Courtroom or New York Courtroom, on a first-come first-served basis. All attorneys who wish to 

observe in person must be listed on this appearance sheet. 

 

1 This Party Appearance Sheet must be attached to a party-in-interest’s Informative Motion 

as Exhibit A. 2 Pursuant to the Hearing Procedures Order ¶ 2, attorneys intending to appear by 

CourtSolutions must also separately register on the CourtSolutions website. 

Case:17-03283-LTS Doc#:23253-1 Filed:01/13/23 Entered:01/13/23 14:39:12 Desc:

Exhibit A - Appearance Sheet Page 1 of 1
; Generated by FastSum - an extremely fast checksum utility.
; Go to www.fastsum.com to get your own copy for free.
;
37DDE0CD5947C558189D177CBF961EA7 *Internet Fraud How to Avoid Internet Investment Scams.htm
Case:17-03283-LTS Doc#:23612-2 Filed:02/23/23 Entered:02/23/23 16:01:35 Desc:

Exhibit Exhibit II- letter of June 8 2018 Page 1 of 2
Case:17-03283-LTS Doc#:23612-2 Filed:02/23/23 Entered:02/23/23 16:01:35 Desc:

Exhibit Exhibit II- letter of June 8 2018 Page 2 of 2
§ 791.10 Definitions. For the purpose of this subpart: ( a ) *Agency* means the National Credit Union Administration;
( b ) *Subdivision of the Board* means a group composed of two Board members authorized by the Board to act on behalf of the agency;
( c ) *Meeting* means any deliberations by two or more members of the Board or any subdivision of the Board that determine or result in the joint conduct or disposition of official agency business with the exception of: ( 1 ) Deliberations to determine whether a meeting or a portion thereof will be open or closed to public observation and whether information regarding closed meetings will be withheld from public disclosure;
( 2 ) deliberations to determine whether or when to schedule a meeting; and
( 3 ) infrequent dispositions of official agency business by sequential circulation of written recommendations to individual Board members (“notation voting procedure”), provided the votes of each Board member and the action taken are recorded for each matter and are publicly available, unless exempted from disclosure pursuant to 5 U.S.C. 552 (the Freedom of Information Act);
( d ) *Public observation* means that a member or group of the public may listen to and observe any open meeting and may record in an unobtrusive manner any portion of that meeting by use of a camera or any other electronic device, but shall not participate in any meeting unless authorized by the Board;
( e ) Public announcement or publicly announce means making reasonable efforts under the particular circumstances to fully inform the public, especially those individuals who have expressed interest in the subject matters to be discussed or the decisions of the agency;
( f ) *Sunshine Act* means the open meeting provisions of the “Government in the Sunshine Act” (5 U.S.C. 552b.)
[53 FR 29647, Aug. 8, 1988, as amended at 78 FR 32546, May 31, 2013]
#### John D. Kirkland and Stell Kirkland, *Appellants,*v. Z. Hutto and Bonah Johnson, *Appellees.*

Opinion Filed January 25, 1923.

The findings of the chancellor on the facts will not be disturbed by an appellate court unless such findings are clearly shown to be erroneous.

An Appeal from the Circuit Court for Jackson County; C. L. Wilson, Judge.

Affirmed.

*Paul Garter,*for Appellants;

*W. E. B. Smith,*for Appellees.

Per Curiam.

This is a suit to enforce the specific performance of a contract to convey land. The defendants by *83answer denied performance by complainants and specifically averred that the agreed purchase price had not been paid. The evidence was taken orally before the Court, who found in complainants’ favor and entered a final decree directing defendants to execute and deliver to the complainants a deed in fee simple for the premises.

Questions of fact only are presented by the assignments of error. There is ample evidence to sustain the decree and the ease is well within the familiar principle that the findings of the chancellor on the facts will not be disturbed by an appellate court unless such findings are clearly shown to be erroneous. Kreher v. Morley, 84 Fla. 121, 92 South. Rep. 686; Smith v. Dowling, 81 Fla. 867, 89 South. Rep. 315; Travis v. Travis, 81 Fla. 309, 87 South. Rep. 762; Commercial Bank of Ocala v. First National Bank, 80 Fla. 685, 87 South. Rep. 315; Hill v. Beacham, 79 Fla. 430, 85 South. Rep 147.

Affirmed.

Taylor, C. J., and Whitfield, Ellis, Browne and West, J. J., concur.
<TABLE> <S> <C>

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<S>                             <C>
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<PERIOD-START>                             APR-07-1996
<PERIOD-END>                               APR-05-1997
<CASH>                                           4,337
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<CURRENT-LIABILITIES>                           66,962
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<COMMON>                                            26
<OTHER-SE>                                      16,351
<TOTAL-LIABILITY-AND-EQUITY>                    83,592
<SALES>                                        120,359
<TOTAL-REVENUES>                               153,727
<CGS>                                           83,607
<TOTAL-COSTS>                                  103,803
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§ 9.9 Audit of fiduciary activities. ( a ) *Annual audit.* At least once during each calendar year, a national bank shall arrange for a suitable audit (by internal or external auditors) of all significant fiduciary activities, under the direction of its fiduciary audit committee, unless the bank adopts a continuous audit system in accordance with paragraph (b) of this section. The bank shall note the results of the audit (including significant actions taken as a result of the audit) in the minutes of the board of directors.
( b ) *Continuous audit.* In lieu of performing annual audits under paragraph (a) of this section, a national bank may adopt a continuous audit system under which the bank arranges for a discrete audit (by internal or external auditors) of each significant fiduciary activity (*i.e.,* on an activity-by-activity basis), under the direction of its fiduciary audit committee, at an interval commensurate with the nature and risk of that activity. Thus, certain fiduciary activities may receive audits at intervals greater or less than one year, as appropriate. A bank that adopts a continuous audit system shall note the results of all discrete audits performed since the last audit report (including significant actions taken as a result of the audits) in the minutes of the board of directors at least once during each calendar year .
( c ) *Fiduciary audit committee.* A national bank's fiduciary audit committee must consist of a committee of the bank's directors or an audit committee of an affiliate of the bank. However, in either case, the committee: ( 1 ) Must not include any officers of the bank or an affiliate who participate significantly in the administration of the bank's fiduciary activities; and
( 2 ) Must consist of a majority of members who are not also members of any committee to which the board of directors has delegated power to manage and control the fiduciary activities of the bank.