alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH CIR
. R. 47.5.4.

### IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-11408 Summary Calendar

JAY SANDON COOPER Plaintiff-Appellant v. CITY OF PLANO, TEXAS; THOMAS H MUEHLENBECK, City Manager; CITY OF PLANO PLANNING AND ZONING COMMISSION; CITY OF PLANO CITY COUNCIL; CYNTHIA O’BANNER; ROXANNE LUNA; MACKLIN WRIGHT; CITY OF PLANO PROPERTY STANDARDS DEPARTMENT Defendants-Appellees

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:06-CV-2065
Before GARWOOD, GARZA and OWEN, Circuit Judges. PER CURIAM: * Jan Sandon Cooper appealsthedistrict court’s remand order. The district court remanded because neither 28 U.S.C. § 1441 nor 42 U.S.C. § 1443 authorizes removal of a case to federal court by a plaintiff. A plaintiff may not United States Court of Appeals

Fifth Circuit 

### F I L E D December 21, 2007 Charles R. Fulbruge III ClerkNo. 06-11408

1 Seealso Wright, Miller & Cooper, 14C, Federal Practice and Procedure: Jurisdiction 3d § 3731 at 251 (“The question of which parties may exercise the statutory right of removal has been answered by Congress. Section 1446(a) of Title 28 authorizes removal only by the state court defendants . . .”). 2 remove an action from state court to federal district court. 28 U.S.C. § 1441(a);
see also McKenzie v. United States, 678 F.2d 571 , 574 (5th Cir. 1982) (citing § 1441(a); Chicago, Rock Island & Peoria Railroad Co. v. Stude , 346 U.S. 574, 580 (1954); and Shamrock Oil & Gas Corp. v. Sheets, 313 U.S. 100, 108 (1941). 1 AFFIRMED.
#### Michael McNally, Respondent, v. The Brooklyn City Railroad Company, Appellant.

Order grantingnewtrial affirmed, with costs. Opinion By Barnard, P. J.
#### MODERN SECURITY COMPANY OF PHILADELPHIA, PLAINTIFF, v. ARSENIO DE VITO AND FILOMENA DE VITO, DEFENDANTS.

Argued October 14, 1932

Decided March 27, 1933.

Before Justices Tbenchaed and Case.

Por the defendants-appellants, *Peier Hofstra.*

Por the plaintiff-respondent, *Herman J. Harris.*

Per Curiam.

This is an application by the defendants to set aside a judgment entered by the plaintiff against the defendants by con*259fession on a bond and warrant of attorney, on September 24th, 1931, for the sum of $295 as damages and $10 as costs.

The facts are these:

On September 12th, 1929, the defendants, being desirous of equipping their property at Haledon, New Jersey, with a steam heating system, entered into a contract with Modern Home Heating Company of New Jersey for the installation of such system, for the sum of $720 payable in twenty-four monthly installments, twenty-three of which were to be in the sum of $25 each and the twenty-fourth installment was to be in the sum of $145. The first installment was to be payable on December 15th, 1929. At the time of the execution of this contract the defendants executed a bond and warrant of attorney for the confession of judgment, upon which the present judgment was entered, and which permitted the entry of judgment upon default of the undertaking in the contract. After the heating company had done the work, and being desirous of raising money, they offered to sell the contract to Modern Security Company, the plaintiff herein, which is in the finance business. Before purchasing the contract the plaintiff inquired from the defendants whether the contract price and payments as agreed upon were correct, and also whether the work had been completed to their satisfaction, and in effect was informed that it was all so. Thereupon the heating company for a valuable consideration assigned the-contract and bond and warrant of attorney to the plaintiff. On September 24th, 1931, after default occurred, under the terms of the contract, and had existed for a period of five-months, the plaintiff caused judgment to be entered on the bond and warrant of attorney for the balance due on the contract. On January 4th, 1932, the defendants made application to the late Mr. Justice Daly to open the judgment. Before such application was determined Mr. Justice Daly died, and the matter was submitted to Mr. Justice Brogan who denied the application to reopen the judgment.

He did so upon the authority of Modern *Security Co.*v. *Lockett,*143 *Atl. Rep.*511.

The matter was then brought to our attention and the *260propriety of Mr. Justice Brogan’s action has been argued and considered.

We think that such action was entirely right and therefore the application addressed to us is denied, with costs.
----------------------------------------------------------------

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

Page 1 of 1 

2 6 


LEGAL PROCESSlNG DIVISION 


PUBLICATION REGULATIONS 


BRANCH 
 As of: August 26, 2010 

Received: August 10, 2010 

Status: Posted 

Posted: August 26, 2010 

Tracking No.80b2d319 

PUBLIC 

SUBMISSION Comments Due: August 16, 2010 

Submission Type: Web 

Docket: IRS-2010-001O 

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-201O-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-2010-0010-0444 


Comment on FR Doc # 2010-14488 


Submitter Information 

Name: Mary Lamas 


Address: 


CA, 


-------------------------------------------------------------,--­

General Comment 

See attached file(s) 

Attachments 

IRS-2010-0010-0444.1: Comment on FR Doc # 2010-14488 

https:llfdms.erulemaking.net!fdms-web-agency/ component! submitterInfoCoverPage?CalI=... 8/26/2010 
August 10, 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 

As a consumer I wish to take this opportunity to formally comment on 

the interim final rule regarding health plans and "grandfather" status (Document ID IRS-201 ODD 10-0001). 

I believe the consumer protections included as part of the new health care law are vitally 

important and should be extended to as many people as possible. Accordingly, every effoIt 

should be made to increase the number of individuals covered by the Patient Protection and 

Affordable Care Act (PPACA) via the above regulations. The triggers or conditions that would 

extend these protections to consumers under currently existing "grandfathered" plans should not 

be weakened or reduced in any way. I specifically support the position and detailed comments 

offered by the American Chiropractic Association with respect to the implementation of these 

regulations. 

Mary Lamas
From: Corinne Eberwine

To: E-OHPSCA2713.EBSA

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

Date: Wednesday, August 03, 2011 3:02:51 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,

Corinne Eberwine

121 richmond ave

Buffalo, ny 14222
STATEMENT PURSUANT TO
                             18 U.S.C. SECTION 1350,
                       AS ADOPTED PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002

I, Robert S. Kergan, Chief Financial Officer, of Winmax Trading Group, Inc.,
certify, pursuant to 18 U.S.C. ss. 1350, as enacted by ss. 906 of the
Sarbanes-Oxley Act of 2002, that:

      (3)   The Quarterly Report on Form 10-KSB for the quarter ended September
            30, 2005 (the "Periodic Report") which this statement accompanies
            fully complies with the requirements of Section 13(a) or 15(d) of
            the Securities Exchange Act of 1934; and

      (4)   Information contained in the Periodic Report fairly presents, in all
            material respects, the financial condition and results of operations
            of Winmax Trading Group, Inc.


      Dated: November 14, 2005

                                                /s/ Robert S. Kergan
                                                ----------------------------
                                                Robert S. Kergan
                                                Chief Financial Officer


A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
required by Section 906, has been provided to Winmax Trading Group, Inc. and
will be retained by Winmax Trading Group, Inc. and furnished to the Securities
and Exchange Commission or its staff upon request.
August 10, 2010 

Office ofConsumer Information and Insurance Oversight 

Department ofHealth and Human Services 

Attention: OCnO-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 

r--_ 	 As ::(conswner I wish-to Take this opportUnity to formally 

comment on the interim final rule regarding health plans and "grandfather" status 

(Document ID IRS-20 10-00 1 0-0001). 

I believe the consumer protections included as part ofthe new health care law are vitally 

important and should be extended to as many people as possible. Accordingly, every 

effort should be made to increase the number ofindividuals covered by the Patient 

Protection and Affordable Care Act (pP ACA) via the above regulations. The triggers or 

conditions that would extend these protections to consumers under currently existing 

"grandfathered" plans should not be weakened or reduced in any way. I specifically 

support the position and detailed comments offered by the American Chiropractic 

Association with respect to the implementation ofthese regulations. 

JosephCrum 


4694 Pin Oak Lane 


Canfield, OH 44406
From: Rose Chavez

To: E-OHPSCA2713.EBSA

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

Date: Tuesday, August 02, 2011 4:47:18 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,

Rose Chavez

611 Lead Ave SW Apt 525

Albuquerque, NM 87102
From: Lucila Ortiz

To: E-OHPSCA2713.EBSA

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

Date: Tuesday, August 02, 2011 5:33:00 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,

Lucila Ortiz

1425 Koll Circle, Suite 109

San Jose, CA 95112
Belknap, )

June 6, 1911.

#### Mann *v.*Marshall.

A widow cannot maintain an action in her own name upon a promissory note given to her individually for a debt due to her husband’s estate; but after her appointment as executrix she may be permitted to amend the writ and prosecute the suit in her representative capacity.

Assumpsit, upon a promissory note. Trial by jury. The defence was failure of consideration. Upon the facts hereinafter stated, the court directed a verdict for the defendant, and the plaintiff excepted. Transferred from the November term, 1910, of the superior court by *Pike,,*J.

The plaintiff is the widow of George G. Mann, who died March 17, 1908, and was named in his will as sole legatee and executrix. The will has been proved, but had not been proved when the note in suit was given. No administration has been taken out upon the estate. Shortly before April 6, 1908, the plaintiff represented to the defendant that her late husband had given her to understand that he was working for the defendant for wages for some years preceding his death, and she requested him to make payment to her therefor. In compliance with this request, on April 6, 1908, *163the defendant paid the plaintiff a certain sum of money and gave the note in suit, which is payable to her individually.

*Owen & Veazey,*for the plaintiff.

*Streeter, Demond & Woodworth*and *George W. Field*(of Maine) *r*for the defendant.

Walker, J.

It is apparent that the ground of the ruling directing a verdict for the defendant was that the plaintiff could not compel the defendant to pay her personally a debt which he was owing, not to her, but to her husband’s estate. At the time of the trial no administration had been taken out upon the estate; and as the debt represented by the note belonged to the estate, the ruling of the court was technically correct. But it now appears that the plaintiff has been appointed executrix of her husband’s estate, and there is no reason why she should not be allowed by an amendment to appear in her representative capacity and prosecute the suit. Though the note was given to her in her own name, upon the conceded facts she holds it for the benefit of the estate. When the suggested amendment is made, the order of the court will be vacated and the case stand for trial.

*Case discharged.*

All concurred.
From: Barbara Van De Mark

To: E-OHPSCA2713.EBSA

Subject: Thank you from the women of America!

Date: Wednesday, August 03, 2011 11:06:15 PM

Dear Kathleen Sebelius, Secretary of Health & Human Services,

I am so pleased with 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. I only wish it

were sooner.

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.

It will also help put more women in control of their lives.

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

Sincerely,

Barbara Van De Mark

15630 E. Hedgehog Court

Fountain Hills, AZ 85268
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1

IN THE SUPREME COURT FOR THE STATE OF MONTANA

___________________

WALTER JOEY OVERSTREET, )

) Cause No. DA 23-0664

Plaintiff/Appellant, )

) ORDER GRANTING MOTION

) TO WITHDRAW

vs. )

 ) 

ERIC FETTERHOFF, in his official )

and individual capacities, JOHN DOES 3-7, )

MONTANA HIGHWAY PATROL, )

and PARK COUNTY, MONTANA, )

a political subdivision, Bruce Becker, )

individually, and as Park County Attorney, )

Shannan Piccolo, individually, and as )

Deputy Park County Attorney, STATE OF )

MONTANA, and KENDRA LASSITER, )

Individually, and in her official capacity as )

Park County Attorney, )

)

Defendants/Appellees. )

___________________________________ )

Upon motion by Suzanne Marshall Malloy, and good cause showing, the motion to 

withdraw as attorney of record is hereby GRANTED.

IT IS ORDERED that Suzanne Marshall Malloy shall be allowed to withdraw as cocounsel for Walter Joey Overstreet.

IT IS FURTHER ORDERED that all filings shall continue to be served on Jami Rebsom.

ELECTRONICALLY SIGNED AND DATED BELOW.

cc: Jami Rebsom

Elizabeth Leman

Jennifer Morgan

Mitchell Young

Suzanne Marshall Malloy

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

June 19 2024

06/19/2024

Case Number: DA 23-0664
From: Angela Flood

To: E-OHPSCA2713.EBSA

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

Date: Tuesday, August 02, 2011 5:16:03 PM

Dear Kathleen Sebelius, Secretary of Health & Human Services,

On behalf of all women, everywhere, in this great country of ours THANK YOU for requiring health

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

THANK YOU for your courageous decision to place the health of women, their families and their

communities above partisan interests.

THANK YOU for this large step forward in womens' rights allowing women, no matter their economic

level, to plan their families.

As a working woman, I have been shocked at times regarding the amount of co-payment that I have

been required to pay for something that is indeed a health care necessecity, not a luxury.

Sincerely,

Angela Flood

3044 Lake Shore Drive

Minneapolis, MN 55416