alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 97-6073
RICHARD MINTER, Petitioner - Appellant, versus RONALD J. ANGELONE, Director of the Virginia Department of Corrections, Respondent - Appellee.Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (CA-96-437-2) Submitted: November 6, 1997 Decided: November 19, 1997 Before WIDENER and LUTTIG, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Richard Minter, Appellant Pro Se. Wirt Peebles Marks, IV, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals the district court's orders denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1997) and denying his motion for reconsideraton. We have reviewedthe record and the district court's opinion accepting the recommendation of the magist rate judge and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. Minter v. Angelone , No. CA-96-437-2 (E.D. Va. Oct. 1 & Dec. 3, 1996). We dispense withoral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
<PAGE>   1
                                                                    Exhibit 99.4


                                PROMISSORY NOTE


PRINCIPAL SUM: $750,000.00 (Canadian)                             DUE: On Demand
INTEREST: 15%                                             DATE: October 20, 2000


     THE undersigned promises to pay to the order of The Foundation Trust the
sum of Seven Hundred and Fifty Thousand Dollars ($750,000.00) (Canadian) on
demand. The Principal Sum shall bear interest at a rate of 15%.


     Made this 20th day of October, 2000.


                                             International Menu Solutions Inc.



                                             per: K. Crawford
                                                 -------------------------------
                                             Kevan Crawford
<PAGE>   2
                                PROMISSORY NOTE

PRINCIPAL SUM: $1,000,000.00 (Canadian)                           DUE: On Demand
INTEREST: 15%                                             DATE: October 13, 2000


     THE undersigned promises to pay to the order of The Foundation Trust, the
sum of One Million Dollars ($1,000,000.00) (Canadian) on demand. The Principal
Sum shall bear interest at a rate of 15%.

     Made this 13th day of October, 2000.


                                        International Menu Solutions Inc.



                                        per: /s/ Kevan Crawford
                                             -----------------------------
                                             Kevan Crawford
EX-33 (d)
REPORT ON ASSESSMENT OF COMPLIANCE

First American Real Estate Solutions of Texas, L.P. (an indirect subsidiary of
The First American Corporation, and the "Asserting Party") is responsible for
assessing compliance as of December 31, 2006, and for the period from January 1,
2006 through December 31, 2006 (the "Reporting Period") with the servicing
criteria set forth in Title 17, Sections 229.1122(d)(1)(iv), (d)(2)(v),
(d)(2)(vi), (d)(2)(vii), (d)(4)(xi), (d)(4)(xii) and (d)(4)(xiii) of the Code of
Federal Regulations (the "CFR") applicable to the Asserting Party (the
"Applicable Servicing Criteria"). The transactions covered by this report
include all loans for residential mortgage loan outsourcing customers for which
the Asserting Party served as the residential tax service provider (the
"Platform").

The Asserting Party has assessed its compliance with the Applicable Servicing
Criteria for the Reporting Period and has concluded that, except as set forth
hereinbelow, the Asserting Party has complied, in all material respects, with
the Applicable Servicing Criteria as of December 31, 2006, and for the Reporting
Period with respect to the Platform taken as a whole.

The Asserting Party assessed its compliance with the Applicable Servicing
Criteria for the Reporting Period and has identified a material instance of
noncompliance with the servicing criterion set forth in Section
229.1122(d)(2)(vii)(B) of the CFR with respect to the Platform. Specifically,
the Asserting Party did not prepare reconciliations for all asset-backed
securities related bank accounts within 30 calendar days after the bank
statement cut-off date or such number of days specified in the transaction
agreements.

PricewaterhouseCoopers LLP, an independent registered public accounting firm,
has issued an attestation report on the assessment of compliance with the
Applicable Servicing Criteria as of December 31, 2006, and for the Reporting
Period as set forth in this assertion.

FIRST AMERICAN REAL ESTATE SOLUTIONS OF TEXAS, L.P.
By: First American Real Estate Solutions LLC
General Partner

/s/ Lucy A. Przybyla
Lucy A. Przybyla
Senior Vice President
February 28, 2007
LLS 10K - Certification (Inv 684) **EXHIBIT 31****CERTIFICATION****2006-CB6 Trust, C-BASS Mortgage Loan Asset-Backed Certificates, Series 2006-CB6**I, Elizabeth Folk, Senior Vice President and Chief Financial Officer of Litton Loan Servicing LP, certify that: 1. I have reviewed the report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of 2006-CB6 Trust, C-BASS Mortgage Loan Asset-Backed Certificates, Series 2006-CB6 (the "Exchange Act Periodic Reports"); 2. Based on my knowledge, the Exchange Act Periodic Reports, taken as a whole, do not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 3. Based on my knowledge, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act Periodic Reports; 4. I am responsible for reviewing the activities performed by the servicer and based on my knowledge and the compliance review conducted in preparing the servicer compliance statement required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act Periodic Reports, the servicer has fulfilled its obligations under the pooling and servicing agreement in all material respects; and 5. All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report.  Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K. In giving the certif ications above, I have reasonably relied on information provided to me by the following unaffiliated parties:  The Bank of New York (custodian) and  U.S. Bank National Association (trustee). Date:  March 30, 2007 /s/: Elizabeth Folk___________ Elizabeth Folk Senior Vice President and Chief Financial Officer
<PAGE>

            EXHIBIT (15) LETTER RE: UNAUDITED FINANCIAL INFORMATION

Board of Directors and Shareholder
Park-Ohio Industries, Inc.

     We are aware of the incorporation by reference in the following
Registration Statements (Form S-4 Nos. 333-43005 and 333-83117) of Park-Ohio
Industries, Inc., for the registration of its 9.25% Senior Subordinated Notes
due 2007 of our report dated November 11, 2002 relating to the unaudited
consolidated interim financial statements of Park-Ohio Industries, Inc., which
are included in its Form 10-Q for the quarter ended September 30, 2002.

                                          /s/ Ernst & Young LLP

Cleveland, Ohio
November 13, 2002

                                        22
§ 1626.10 Special eligibility questions. ( a ) ( 1 ) This part is not applicable to recipients providing services in the Commonwealth of the Northern Mariana Islands, the Republic of Palau, the Federated States of Micronesia, or the Republic of the Marshall Islands.
( 2 ) All citizens of the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands residing in the United States are eligible to receive legal assistance provided that they are otherwise eligible under the Act.
( b ) All Canadian-born American Indians at least 50% Indian by blood are eligible to receive legal assistance provided they are otherwise eligible under the Act.
( c ) Members of the Texas Band of Kickapoo are eligible to receive legal assistance provided they are otherwise eligible under the Act.
( d ) An alien who qualified as a special agricultural worker and whose status is adjusted to that of temporary resident alien under the provisions of the Immigration Reform and Control Act (“IRCA”) is considered a permanent resident alien for all purposes except immigration under the provisions of section 302 of 100 Stat. 3422, 8 U.S.C. 1160(g). Since the status of these aliens is that of permanent resident alien under section 101(a)(20) of the INA (8 U.S.C. 1101(a)(20)), these workers may be provided legal assistance. These workers are ineligible for legal assistance in order to obtain the adjustment of status of temporary resident under IRCA, but are eligible for legal assistance after the application for adjustment of status to that of temporary resident has been filed, and the application has not been rejected.
( e ) A recipient may provide legal assistance to indigent foreign nationals who seek assistance pursuant to the Hague Convention on the Civil Aspects of International Child Abduction and the Federal implementing statute, the International Child Abduction Remedies Act, 42 U.S.C. 11607(b), provided that they are otherwise financially eligible.
# U nit edSta tes C ou rt o f App eal s For t h e Firs t C ircu it

No. 08-1818 EFRAÍN GONZÁLEZ-FUENTES, et al., Petitioners, Appellees,

v . HON. CARLOS MOLINA, Secretary of Corrections and Rehabilitation of Puerto Rico and Administrator of Corrections of the Commonwealth of Puerto Rico,

Respondent, Appellant. No. 08-1819 CARMEN RIVERA-FELICIANO, et al. Plaintiffs, Appellees

v . HON. LUIS FORTUNO BURSET, Governor of Puerto Rico; HON. ROBERTO SANCHEZ-RAMOS, Secretary of Justice of the Commonwealth of Puerto Rico; HON. CARLOS MOLINA, Secretary of Corrections and Rehabilitation of Puerto Rico and Administrator of Corrections of the Commonwealth of Puerto Rico; HON. JOSE R. LOZADA, Director of the Bureau of Special Investigations of the Commonwealth of Puerto Rico,

Defendants, Appellants

ERRATA SHEET The opinion of this Court issued on June 10, 2010 is amended as follows: On page 21, note 10, line 1, replace "Nearly all" with "Many" On page 21, note 10, line 2, replace "One, however, committed his crime" with "Some, however, committed their crimes"
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S CONDENSED BALANCE SHEET (UNAUDITED) AS OF MARCH 31, 1999 AND
CONDENSED STATEMENT OF OPERATIONS (UNAUDITED) FOR THE THREE MONTHS ENDED MARCH
31, 1999, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                          49,481
<SECURITIES>                                         0
<RECEIVABLES>                                    7,015
<ALLOWANCES>                                       425
<INVENTORY>                                          0
<CURRENT-ASSETS>                                57,188
<PP&E>                                           4,614
<DEPRECIATION>                                   2,671
<TOTAL-ASSETS>                                  59,131
<CURRENT-LIABILITIES>                           20,705
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           155
<OTHER-SE>                                      36,426
<TOTAL-LIABILITY-AND-EQUITY>                    59,131
<SALES>                                          7,660
<TOTAL-REVENUES>                                 7,660
<CGS>                                            3,944
<TOTAL-COSTS>                                    3,944
<OTHER-EXPENSES>                                 6,996
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 (3,043)
<INCOME-TAX>                                      (243)
<INCOME-CONTINUING>                             (2,800)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (2,800)
<EPS-PRIMARY>                                    (0.20)
<EPS-DILUTED>                                    (0.20)
        

</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 07-6981

JOHN PINCKNEY,

Petitioner - Appellant,

versus

JON OZMINT, Director of SCDC; HENRY MCMASTER,

Attorney General of South Carolina; ANTHONY

PADULA, Warden of the Lee Correctional

Institution,

Respondents - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Beaufort. Patrick Michael Duffy, District

Judge. (9:06-cv-02274-PMD)

Submitted: November 30, 2007 Decided: December 20, 2007

Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

John Pinckney, Appellant Pro Se. Donald John Zelenka, OFFICE OF

THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina,

for Appellee.

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

John Pinckney seeks to appeal the district court’s order

dismissing as untimely his 28 U.S.C. § 2254 (2000) petition. The

order is not appealable unless a circuit justice or judge issues a

certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A

certificate of appealability will not issue absent “a substantial

showing of the denial of a constitutional right.” 28 U.S.C.

§ 2253(c)(2) (2000). A prisoner satisfies this standard by

demonstrating that reasonable jurists would find that any

assessment of the constitutional claims by the district court is

debatable or wrong and that any dispositive procedural ruling by

the district court is likewise debatable. Miller-El v. Cockrell,

537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484

(2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have

independently reviewed the record and conclude that Pinckney has

not made the requisite showing. Accordingly, we deny a certificate

of appealability and dismiss the appeal. We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the court and argument would not

aid the decisional process. 

DISMISSED
1

Federal Election Commission 

2023 Webinar for Membership and Labor Organization PACs 

(All times listed are Eastern Time) 

Option 1: Basics & PAC Operations

Tuesday, March 14

1:45 PM — Webinar Log-in Begins 

2:00 - 4:00 PM — Basics for Beginners

• Committee registration and organization

• Contributions limits and prohibitions

• Filing information

Wednesday, March 15

12:45 PM — Webinar Log-in Begins

1:00 - 2:30 PM — PAC Operations, Part 1

• Restricted class

• Solicitation notices

• Collecting contributions

• Fundraising techniques

• Reporting scenarios

2:30 - 2:45 PM — Break 

2:45 - 4:15 PM — PAC Operations, Part 2

• Methods for supporting federal candidates

• Types of PAC communications

• Permissible activities for membership-labor

organizations

• Use of organization facilities

• Reporting scenarios

Option 2: PAC Operations Only

Wednesday, March 15

12:45 PM — Webinar Log-in Begins

1:00 - 2:30 PM — PAC Operations, Part 1

• Restricted class

• Solicitation notices

• Collecting contributions

• Fundraising techniques

• Reporting scenarios

2:30 - 2:45 PM — Break 

2:45 - 4:15 PM — PAC Operations, Part 2

• Methods for supporting federal candidates

• Types of PAC communications

• Permissible activities for membership-labor

organizations

• Use of organization facilities

• Reporting scenarios

FEDERAL ELECTION COMMISSION 2023 WEBINAR SERIES
#### Franklin T. Hammond, as Receiver of The Atlas Mutual Insurance Company, Respondent, *v.*Seymour H. Knox, Appellant.

*Hammond*v. *Knox,*125 App. Div. 9, affirmed.

(Argued January 12, 1909;

decided January 26, 1909.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 5, 1908, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury in an action to recover certain assessments alleged to have been made by the Atlas Mutual Insurance Company upon the defendant, a policyholder therein.

*Frank Gibbons*for appellant.

*L. M. Cummings*for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Vann, Werner and Hiscock, JJ. Dissenting: Haight, J.
Exhibit 99.5

|     |  |                                                                              |  |                        |  |                                          
|---- |  | ---------------------------------------------------------------------------- |  | ---------------------- |  | -----------------------------------------
|LOGO |  | KPMG LLP Chartered Accountants
10125  102 Street Edmonton AB T5J 3V8
Canada |  | Telephone Fax
Internet |  | (780) 429-7300 (780) 429-7379
www.kpmg.ca

CONSENT OF INDEPENDENT REGISTERED
PUBLIC ACCOUNTING FIRM

To the Board of Directors of North American Energy Partners Inc.

We consent to:



| | the inclusion in this annual report on Form 40-F our report dated June 2, 2011 on the consolidated balance sheets of North American Energy Partners Inc. as at March 31, 2011 and
2010 and the consolidated statements of operations and comprehensive income (loss), changes in shareholders equity and cash flows for each of the years in three-year period ended March 31, 2011, and
|- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | the inclusion in this annual report on Form 40-F of our report dated June 2, 2011 on the effectiveness of internal control over financial reporting as of March 31, 2011.
|- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------

LOGO

Chartered Accountants

Edmonton,
Canada

June 2, 2011





| |  |                                                                                                                                                                                                                            
| |  | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |  | KPMG LLP, is a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International, a Swiss cooperative. KPMG Canada provides
services to KPMG LLP.
Exhibit 32.01






CERTIFICATION
PURSUANT TO


18 U.S.C.
SECTION 1350






In
connection with the Annual Report of Double-Take Software, Inc. (the
“registrant”) on Form 10-K for the year ending December 31, 2008 as
filed with the Securities and Exchange Commission on the date hereof (the
“report”), we, Dean Goodermote and S. Craig Huke, Chief Executive Officer and
Chief Financial Officer, respectively, of the registrant, certify, pursuant to
18 U.S.C. § 1350, as adopted pursuant to § 906 of the
Sarbanes-Oxley Act of 2002, that to our knowledge:






(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.






/s/Dean
      Goodermote
                      
                      
                      /s/
      S. Craig HukeDean
      Goodermote
                      
                      
                      S.
      Craig HukeChief
      Executive Officer
                      
                      
                      Chief
      Financial Officer




March 13,
2009