alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### SAWER GLOWACKY, ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF MICHAEL GLOWACKY, DECEASED, PLAINTIFF, v. SHEFFIELD FARMS COMPANY, INCORPORATED, DEFENDANT.

Submitted May 12, 1933

Decided October 3, 1933.

Before Justices Paekeb, Lloyd and Pebskie.

Por the plaintiff, *Alexander Simpson.*

Por the defendant, *Autenrieth, Gannon & Wortendyhe.*

Per Curiam.

In 1926 there was a reversal by this court of a judgment for the plaintiff in the Common Pleas Court of Hudson county, the *remittitur*being that the case “be proceeded with according to law and the practice of said court.” No final judgment was rendered in the Supreme Court. In the meantime on appeal from this judgment of reversal to the Court of Errors and Appeals it was affirmed and the record was remitted to the Supreme Court in 1927.

There the record remained until March 4th, 1933, when a new judment of reversal was entered and a *remittitur*taken out sending the case back to the Common Pleas to be pro-ceded with in accordance with said judgment and the practice of that court.

The present motion is that the Supreme Court direct the Common Pleas of Hudson county to enter judgment for the defendant. This court is without jurisdiction. The case in question is out of this court by virtue of the *remittitur.*There was no final judgment in this court and no order from this court which has been disobeyed, and we cannot in this *834summary way direct the course of action in the trial court. The Court of Common Pleas is entitled to proceed to judgment in the cause. Prom final judgment an appeal will lie when all the errors or failures below can be reviewed.

The motion is denied, with costs.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 17-6643

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

RYAN CRAIG BROWN,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at 

Florence. R. Bryan Harwell, District Judge. (4:08-cr-00184-RBH-1; 4:15-cv-04008-

RBH)

Submitted: August 24, 2017 Decided: August 29, 2017

Before GREGORY, Chief Judge, SHEDD and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Ryan Craig Brown, Appellant Pro Se. Robert Frank Daley, Jr., Assistant United States 

Attorney, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Ryan Craig Brown seeks to appeal the district court’s order denying his Fed. R. 

Civ. P. 60(b) motion for reconsideration of the district court’s order denying relief on his 

28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit justice or 

judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). 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) (2012). When the district court denies 

relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable 

jurists would find that the district court’s assessment of the constitutional claims is 

debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. 

Cockrell, 537 U.S. 322, 336-38 (2003). When the district court denies relief on 

procedural grounds, the prisoner must demonstrate both that the dispositive procedural 

ruling is debatable, and that the motion states a debatable claim of the denial of a 

constitutional right. Slack, 529 U.S. at 484-85. 

We have independently reviewed the record and conclude that Brown 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 this court and argument 

would not aid the decisional process.

DISMISSED
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1 This memorandum opinion was not selected for publication in the New Mexico Reports. Please

2 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 

3 Please also note that this electronic memorandum opinion may contain computer-generated

4 errors or other deviations from the official paper version filed by the Court of Appeals and does

5 not include the filing date. 

6 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

7 ORLANDO PINO,

8 Worker-Appellee,

9 v. NO. 31,051

10 MGA HEALTHCARE STAFFING

11 and ESIS,

12 Employer/Insurer-Appellant.

13 APPEAL FROM THE WORKERS’ COMPENSATION ADMINISTRATION

14 Victor S. Lopez, Workers’ Compensation Judge

15 Orlando Pino

16 Socorro, NM

17 Pro Se Appellee

18 Paul L. Civerolo, L.L.P.

19 Paul L. Civerolo

20 Albuquerque, NM

21 for Appellant

22 MEMORANDUM OPINION

23 VIGIL, Judge.
2

1 Employer appeals a decision of the Workers’ Compensation Judge (WCJ)

2 granting Worker’s objection to its notice to change healthcare provider. In our notice,

3 we proposed to affirm on the basis that there was sufficient evidence to support the

4 decision of the WCJ. Employer has responded that it will not oppose our decision to

5 affirm based on substantial evidence. However, it asserts that the decision of the WCJ

6 was manifestly unjust. As we pointed out in our notice, it is for the fact finder, the

7 WCJ here, to determine the credibility of the witnesses and to decide where the truth

8 lies. We review simply for sufficiency of the evidence to support the decision. 

9 For the reasons stated in the notice of proposed disposition, we affirm.

10 IT IS SO ORDERED.

11 _______________________________

12 MICHAEL E. VIGIL, Judge

13 WE CONCUR:

14 _________________________________

15 CYNTHIA A. FRY, Judge

16 _________________________________

17 RODERICK T. KENNEDY, Judge
Exhibit 10.3

                          AMENDMENT NO. 1 TO AGREEMENT

     THIS  AMENDMENT NO. 1 (this  "Amendment")  is made as of June 10, 1997, and
amends that certain Agreement dated as of November 22, 1995 (the "Agreement") by
and between  Covenant Bank (formerly  Covenant Bank for Savings) (the "Company")
and Kenneth R. Mancini (the "Employee").

     For good and valuable  consideration  the receipt and  sufficiency of which
are hereby  acknowledged,  and intending to be legally bound, the parties hereby
amend the Agreement as follows:

          1. Covenant  Bancorp,  Inc. (the "Parent")  hereby joins in and agrees
     that it shall be liable,  jointly and severally  with the Company,  for all
     obligations of the Company under the  Agreement.  The parties hereto hereby
     agree that the  events  with  respect to the  Company  which  constitute  a
     "Change  in  Control"  or  a  "Potential  Change  in  Control"  shall  also
     constitute   a  Change  in  Control  or   Potential   Change  in   Control,
     respectively, when they occur with respect to the Parent.

     IN WITNESS WHEREOF,  the undersigned have executed this Amendment effective
as of the day and year first above written.

EMPLOYEE:                          COVENANT BANK


/s/ Kenneth R. Mancini             By:  /s/ Charles E. Sessa, Jr.
----------------------------            --------------------------------
KENNETH R. MANCINI                       Name:  Charles E. Sessa, Jr.
                                         Title: President


                                   COVENANT BANCORP, INC.


                                   By:  /s/ Charles E. Sessa, Jr.
                                        --------------------------------
                                         Name:  Charles E. Sessa, Jr.
                                         Title: President



-1-

PHLEGAL: #329774 v1 (72G#01!.WPD)
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-03-00667-CR

Gerald Eugene Lee, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF LAMPASAS COUNTY, 27TH JUDICIAL DISTRICT

NO. 7451, HONORABLE JOE CARROLL, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Gerald Eugene Lee seeks to appeal from a judgment of conviction for aggravated

robbery. Sentence was imposed on August 15, 2003. There was no motion for new trial. The

deadline for perfecting appeal wastherefore September 15, 2003. Tex. R. App. P. 26.2(a)(1). Notice

of appeal was filed on November 14, 2003. The trial court also has certified that Lee waived his

right of appeal. Id. rule 25.2(d). 

The appeal is dismissed.

__________________________________________

Mack Kidd, Justice

Before Justices Kidd, Patterson and Puryear

Dismissed for Want of Jurisdiction

Filed: December 4, 2003

Do Not Publish
#### Henry J. Anderson, as Receiver, etc., of the First National Bank of Albion, Respondent, v. George B. Church and another, Appellants. Henry J. Anderson, as Receiver, etc., of the First National Bank of Albion, Respondent, v. Charles H. Moore, Appellant.

Order denying motion to consolidate actions affirmed, with ten dollars costs and disbursements.

Haight, J., not sitting.
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From: Shaffer

To: E-OHPSCA2713.EBSA

Subject: Health Care Insurance

Date: Wednesday, August 03, 2011 6:35:44 PM

To Whom it May Concern at HHS:

Religious employers should be totally and generously exempted from the requirement to

provide health insurance, which includes conscience-provoking measures as

contraceptives, abortion, sterilization, etc. Pregnancy is not a disease to be prevented and

should not be mandated as "preventive health service." Respect for conscience is

foundational to a just society. At a minimum a robust conscience protection should be

granted, not only for all religious employers, but also for all employers, insurers, and

policy issuers with moral, ethical, or religious objections. As it is, the limitations

contained in the regulations for religious employers make the exemption virtually

meaningless.

Please respect the religious beliefs of our citizens!

Kathy and Bob Shaffer

21729 County 24

Staples, MN 56479
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From: kathryn sullivan

To: E-OHPSCA2713.EBSA

Subject: Thank you for supporting birth control access for all women

Date: Tuesday, August 02, 2011 5:24:02 PM

Dear Kathleen Sebelius, Secretary of Health & Human Services,

I commend the Department of Health & Human Services' landmark decision requiring health insurers to

cover the full cost of contraception, with no co-pay, beginning in August 2012.

This policy places a much-needed importance on women's health that is too-often not a priority in

health care policy. Birth control is a critical part of preventive care, and making contraception available

to all women, regardless of their insurance or ability to pay for it, will significantly reduce long-term

health care costs associated with unplanned pregnancies.

Thank you for prioritizing women's basic health care needs.

Sincerely,

kathryn sullivan

4646 los feliz blvd. #209

los angeles, CA 90027
Page 1 of 2

LEGAL PROCESSING DIY. AEG-lSALA- IO
PUBLICATION & REGUL LON
QN & REGULATIONS

DG 1 2 200

‘As of: August 12, 2010

PUBLIC Status Posted

Posted: August re 208
SUBMISSION pracking No, S007¢829 6, 2010

Submission Type: Web

Docket: IRS-2010-0010
Group Health Plans and Health Insurance Coverage Rules Relating to Status as a Grandfathered
Health Plan Under the Patient Protection and Afforable Care Act

Comment On: IRS-2010-0010-0001
Group Health Plans and Health Insurance Coverage: Interim Final Rules for Relating to Status as
a Grandfathered Health Plan under the Patient Protection and Affordable Care Act

Document: IRS-2010-0010-0067
Comment on FR Doc # 2010-14488

Submitter Information

Name: Kent J Erickson
Address:
5740 Brooklyn Boulevard
Brooklyn Center, MN, 55429
Organization: Brookdale Health

General Comment

August 9, 2010

Office of Consumer Information and Insurance Oversight
Department of Health and Human Services

Attention: OCIIO-9991-IFC

P.O. Box 8016

Baltimore, MD 21244-1850

Re: Interim Final Rule for Group Health Plans and Health Insurance Coverage Relating to Status
as a Grandfathered Health Plan Under the Patient Protection and Affordable Care Act

Below are my comments regarding the Interim Final Rule for Group Health Plans and Health
Insurance Coverage Relating to Status as a Grandfathered Health Plan Under the Patient
Protection and Affordable Care Act (PPACA).

I believe that every effort should be made to increase the number of individuals covered by
PPACA, especially as of January 1, 2014 when most of the reform components (Insurance
Exchanges, Subsidies, Tax Credits, etc.) come into play.

The average consumer has a broad definition of “benefits.” Consumers view their health plan
beyond the covered benefits, cost sharing, and the contribution levels associated with the plen.

https://fdms.erulemaking.net/fdms-web-agency/component/submitterInfoCoverPage?Call=... 8/12/2010


Page 2 of 2

It is my opinion that the Rule may still result in some confusion to the marketplace in its
application. For example, if an employer raised the copayment Jevel beyond the maximum in one
area (i.e, outpatient services) but retained the copayment level for primary care doctor visits,
does that mean a loss of grandfather status? Clarity will be critical both for the employer and the
employee.

Even by the most optimistic estimates, a substantial portion of the employee population will
remain outside the PPACA as of January 2014 based on the current rules. While I understand the
difficulty involved in making change, creating another large sub-population of excluded
individuals will only add to costs, increase confusion, and mitigate the potential impact of the
legislation.

The Rule needs to be clear, reasonable, and with no ambiguities involved in determining whether
a group health plan is “in or out.” The decisions the federal government makes today will

https://fdms.erulemaking.net/fdms-web-agency/component/submitterInfoCoverPage?Call=... 8/12/2010
From: Gerise Herndon

To: E-OHPSCA2713.EBSA

Subject: Thanks a million -- birth control access for all women

Date: Tuesday, August 02, 2011 4:46:35 PM

Dear Kathleen Sebelius, Secretary of Health & Human Services,

I am thrilled with the Department of Health & Human Services' decision requiring health insurers to

cover the full cost of contraception, with no co-pay.

Birth control is crucial to preventive care; thus, this decision can decrease health care costs associated

with unplanned pregnancies.

Thanks again for smart medical decisions.

Sincerely,

Gerise Herndon

5403 Walker

Lincoln, NE 68504
<PAGE>

                                                                    EXHIBIT 32.2

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ENACTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of United Bancorp, Inc. (the "Company") on
Form 10-K for the period ending December 31, 2006 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Randall M.
Greenwood, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. Section 1350, as enacted pursuant to Section 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 results of operations of the
     Company.


/s/ Randall M. Greenwood
-------------------------------------
Randall M. Greenwood,
Chief Financial Officer

March 29, 2007