alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This opinion is subject to administrative correction before final disposition.

Before 

HOLIFIELD, STEWART, and STARITA

Appellate Military Judges

_________________________

UNITED STATES

Appellee

v.

Macklin B. McGLONE

Sergeant (E-5), U.S. Marine Corps

Appellant

No. 202100279

_________________________

Decided: 18 February 2022

Appeal from the United States Navy-Marine Corps Trial Judiciary 

Military Judge: 

Nicholas S. Henry

Sentence adjudged 22 July 2021 by a special court-martial convened at 

Marine Corps Base Camp Lejeune, North Carolina, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction 

to E-1, confinement for 32 days, and a bad-conduct discharge.

For Appellant: 

Lieutenant Commander Matthew A. Kozyra, JAGC, USN

_________________________

This opinion does not serve as binding precedent under 

NMCCA Rule of Appellate Procedure 30.2(a).

_________________________
United States v. McGlone, NMCCA No. 202100279

Opinion of the Court

2

PER CURIAM:

After careful consideration of the record, submitted without assignment of 

error, we have determined that the findings and sentence are correct in law 

and fact and that no error materially prejudicial to Appellant’s substantial 

rights occurred.1

The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR.

Clerk of Court

 

1 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.
SUPREME COURT.

#### Joseph B. Hadden agt. St. Louis, Iron Mountain and Southern Railroad Company.

*Defense of another action pending for the sarnie ca/use.*

The-defense of another action pending for the same cause as that described in the second suit is not well pleaded, unless it appears, by the answer, that the first suit *was pending when*the second one was commenced.

An action pending in another state is no bar to one commenced in this state.

*Special Term, May,*1879.

Demurrer to answer.

Van Vorst, J.

The plaintiff demurs to the fourth defense contained in the defendant’s answer. The demurrer is well taken.

It is not averred in the answer that the action in the federal court, in Missouri, was pending at the time of the commencement of the present suit *(Haight*agt. *Holly,*3 *Wend.,*258).

To avail as a ground of abatement of the second suit, the first one must have been pending when the second one was commenced *(Wait's Actions and Defenses, vol.*6, *page*497 *and cases cited).*Besides, the action is pending in another state, and, for that reason, it is no bar to the one under consideration *(The Lorillard Fire Ins. Co.*agt. *Meshural,*7 *Robertson,*308).

The plaintiff’s complaint, which was largely criticised on the argument by the defendant’s counsel, I think, sufficiently sets up a cause of action.

There should be judgment for the plaintiff on the demurrer, with costs.
# 99013. Better Hours, Child Care, Top Fitness Center Wants

```

By Staff Sgt. Alicia K. Borlik, USA
American Forces Press Service

WASHINGTON -- Service members and spouses want better 
operating hours and child care at their fitness centers, 
and more organized physical activities, according to a 
recent defense survey.

Gail H. McGinn, deputy assistant secretary of defense for 
personnel support, families and education, said DoD polled 
8,500 military members and 3,500 spouses to learn their 
exercise patterns, the physical activities they enjoyed 
most, the fitness facilities they used most and their 
satisfaction with those facilities.

Respondents used fitness centers most, followed by swimming 
pools and gymnasiums. More convenient hours topped 33 
percent of military members' fitness center want lists, 
while 35 percent of the spouses cited the need for child 
care services. Larger facilities, more equipment, more 
workout space and shorter waiting times were other frequent 
responses.

"We're going to make the services aware of the child care 
issues so they can come up with creative solutions." McGinn 
said.

Operation Be Fit, DoD's fitness initiative, has sought for 
years to improve and expand opportunities in fitness, 
sports and recreation involving physical activity. "What we 
didn't have was a baseline to tell us the degree to which 
people are working out," McGinn said. "The survey gives us 
that." She expects survey findings to help form new 
recommendations for the fitness initiative.

One finding sounded worse than it is, she said. The survey 
said half the military respondents were overweight by new 
government guidelines that involve calculating a "body-mass 
index" based on weight and height. Anyone with an index 
over 25 is supposedly overweight.

McGinn emphasized 20 percent of respondents reported 
indexes between 25 and 26. Slight variations could as 
easily have shaved the numbers below 25, she said. "I would 
not say that over 50 percent of the force is overweight 
based on this particular finding," she said.

Then, too, measurements are based on people's self-reports 
and, so, right off aren't necessarily accurate, she noted. 
Index calculations don't consider muscle mass. "We always 
hear muscle weighs more than fat, so the more muscular you 
are the more you weigh," she said.

To get a clearer view of the situation, McGinn said, DoD is 
reviewing its weight policy and any revisions it makes will 
be based on body mass index as well as research on body 
mass overall.

Developments in the fitness arena include the building of 
12 new fitness centers approved in the 1999 Defense 
Authorization Act, McGinn said. She's also studying the 
issues of more training and certification for fitness 
center staff.

##END##
```
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H. Res. 614

In the House of Representatives, U.S.,

November 15 (legislative day, November 14), 2002.

Resolved, That a revised edition of the Rules and Manual

of the House of Representatives for the One Hundred Eighth

Congress be printed as a House document, and that three

thousand additional copies shall be printed and bound for the

use of the House of Representatives, of which nine hundred

copies shall be bound in leather with thumb index and delivered as may be directed by the Parliamentarian of the House.

Attest:

Clerk.
<PAGE>

                                                                    EXHIBIT 25.1



                                POWER OF ATTORNEY

  We, the undersigned directors and officers of PACCAR Financial Corp., a
  Washington corporation, hereby severally constitute and appoint T. R. Morton
  our true and lawful attorney-in-fact, with full power to him to sign for us,
  and in our names in the capacities indicated below, a Form 10-K of this
  corporation for fiscal year 1997 to be filed with the Securities and Exchange
  Commission under the Securities Exchange Act of 1934, as amended, together
  with any and all amendments to said Form 10-K, hereby ratifying and confirming
  our signatures as they may be signed by our said attorney-in-fact to said Form
  10-K and any and all amendments thereto.

  IN WITNESS WHEREOF each of the undersigned has executed this power of attorney
as of the 17th of March 1998.

/S/ T. R. Morton      President             /S/ D. J. Hovind       Director
T. R. Morton          and Director          D. J. Hovind

/S/ P. A. Donohoe     Treasurer             /S/ J. L. Shiplet      Director
P. A. Donohoe                               J. L. Shiplet

/S/ M. T. Barkley     Controller            /S/ M. A. Tembreull    Director
M. T. Barkley                               M. A. Tembreull

/S/ M. C. Pigott      Chairman of           /S/ R. E. Ranheim      Director
M. C. Pigott          the Board             R. E. Ranheim
                      and Director

/S/ G. D. Hatchel     Vice President
G. D. Hatchel         and Director
THE THIRTEENTH COURT OF APPEALS

13-11-00694-CR

WILLIAM SMITH A/K/A BILL SMITH

v.

THE STATE OF TEXAS

On appeal from the

94th District Court of Nueces County, Texas

Trial Cause No. 11-CR-0403-C

JUDGMENT

THE THIRTEENTH COURT OF APPEALS, having considered this cause on 

appeal, concludes that the judgment of the trial court should be AFFIRMED. The Court 

orders the judgment of the trial court AFFIRMED.

We further order this decision certified below for observance.

October 31, 2013.
EXHIBIT
31.2





CERTIFICATION




I, Thomas
Viertel, Chief Financial Officer of Presidential Realty Corporation (the
“registrant”), certify that:




1.  I
have reviewed this Amendment No. 1 to the annual report on Form 10-K/A of the
registrant; and




2.  Based
on my knowledge, this report does 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.




April 28,
2010





By:
              /s/THOMAS
      VIERTELThomas
      ViertelChief
      Financial Officer
Aug. 21: U.S. Military Conducts Airstrikes Against ISIL near Mosul Dam
 By U.S. Central Command News Release
  August 21, 2014
Release #20140825 FOR IMMEDIATE RELEASE U.S. Military Conducts Airstrikes Against ISIL near Mosul Dam **TAMPA, Fla., Aug. 21, 2014 —**
 U.S. military forces continued to attack ISIL terrorists in support of 
Iraqi Security Force operations, using fighter and attack aircraft to 
conduct six airstrikes in the vicinity of the Mosul Dam. The 
strikes destroyed or damaged three ISIL Humvees, one ISIL vehicle, and 
multiple IED emplacements. All aircraft exited the strike area safely. These
 strikes were conducted under authority to support Iraqi security forces
 and Kurdish defense force operations, as well as to protect critical 
infrastructure, U.S. personnel and facilities, and support humanitarian 
efforts. Since Aug. 8, U.S. Central Command has conducted a total 
of 90 airstrikes across Iraq.  Of those 90 strikes, 57 have been in 
support of Iraqi forces near the Mosul Dam.
**Exhibit
      32.1**








CERTIFICATION
      PURSUANT TO 18 U.S.C. SECTION 1350,


AS
      ADOPTED PURSUANT TO SECTION 906 OF


THE
      SARBANES-OXLEY ACT OF 2002





In
      connection with the filing of the Quarterly Report on Form 10-Q of South Jersey
      Gas Company (the “Company”) for the period ended September 30, 2005, as filed
      with the Securities and Exchange Commission on the date hereof (the “Report”),
      I, Edward J. Graham, Chief Executive Officer of the Company, hereby certify
      pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:





(1)  The
      Report fully complies with the requirements of Section 13(a) or Section 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/
      Edward J. Graham


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


Name:
      Edward J. Graham


Title:
      Chief Executive Officer


November
      9, 2005
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

MARK LOCKWOOD, DOC #T45280, )

)

Appellant, )

)

v. ) Case No. 2D17-1019

)

STATE OF FLORIDA, )

)

Appellee. )

)

Opinion filed April 24, 2019.

Appeal from the Circuit Court for 

Hillsborough County; Michelle Sisco, 

Judge.

Rupak R. Shah of Escobar & 

Associates, P.A., Tampa, for Appellant. 

Ashley Moody, Attorney General, 

Tallahassee, and Blain A. Goff,

Assistant Attorney General, Tampa, for 

Appellee. 

PER CURIAM.

Affirmed. 

CASANUEVA, MORRIS, and SMITH, JJ., Concur.
# America needs service, Petraeus tells VMI grads

/ Published May 19, 2009

WASHINGTON (May 19, 2009) – The commander of U.S. Central Command told graduates of the Virginia Military Institute during their commencement ceremony yesterday that America needs their service.

Army Gen. David H. Petraeus told the 249 graduates to recall the wisdom of President Theodore Roosevelt, who said that “far and away, the best prize that life has to offer is the chance to work hard at work worth doing.”

A total of 131 graduates in the class were commissioned into the various services. Many, undoubtedly, will serve in U.S. Central Command. Petraeus spoke before more than 5,000 “keydets” and family members at Cameron Hall on campus.

“In choosing to attend VMI, you have demonstrated a clear understanding of the concept of work that is worth doing,” the general said. “Such work is ... characterized by commitment to something larger than self, to a greater good, to the service of others.”

This has been the hallmark of graduates since the school’s founding in 1839. “I would submit that now more than ever, our nation and our world need leaders like those developed here — disciplined, intelligent, innovative and courageous leaders who are committed to service,” he said. “Whether in the deserts of Iraq or the mountains of Afghanistan, in the commercial sector or in the domestic political arena, there is much work worth doing.”

Petraeus said the graduates will face frustrations as they move to new fields. “To the new lieutenants in this graduating class: you’ve chosen a unique and wonderful profession, but one in which, again, few tasks are ever simple,” he said. “The frustration of many of the situations with which leaders deal in combat is real and constant.

“For those who will serve in other ways, the challenges will be no less real,” he added, “even though they may be found not on a battlefield, but in a boardroom or a lab, a town hall meeting or a classroom.”

No matter where the graduates go, the general said, the values they have learned at VMI will “prompt you to be relentless and determined in the pursuit of worthwhile work.”
<TABLE> <S> <C>

<ARTICLE>                                          5

<MULTIPLIER>                                       1000000         

       
<S>                                                  <C>
<PERIOD-TYPE>                                      YEAR
<FISCAL-YEAR-END>                                  DEC-31-1995
<PERIOD-START>                                     JAN-01-1995         
<PERIOD-END>                                       DEC-31-1995

<CASH>                                                          93
<SECURITIES>                                                     0
<RECEIVABLES>                                                2,636
<ALLOWANCES>                                                   222
<INVENTORY>                                                    141
<CURRENT-ASSETS>                                             3,687
<PP&E>                                                      35,734
<DEPRECIATION>                                              18,679
<TOTAL-ASSETS>                                              26,220
<CURRENT-LIABILITIES>                                        3,993
<BONDS>                                                      9,337
<PREFERRED-MANDATORY>                                            0
<PREFERRED>                                                      0
<COMMON>                                                       447
<OTHER-SE>                                                   5,632
<TOTAL-LIABILITY-AND-EQUITY>                                26,220
<SALES>                                                          0
<TOTAL-REVENUES>                                            13,407
<CGS>                                                            0
<TOTAL-COSTS>                                               11,315
<OTHER-EXPENSES>                                                 5
<LOSS-PROVISION>                                                 0
<INTEREST-EXPENSE>                                             734
<INCOME-PRETAX>                                              1,710
<INCOME-TAX>                                                   641
<INCOME-CONTINUING>                                          1,070
<DISCONTINUED>                                                   0
<EXTRAORDINARY>                                             (2,919)
<CHANGES>                                                        0
<NET-INCOME>                                                (1,850)
<EPS-PRIMARY>                                                   (4.34)
<EPS-DILUTED>                                                   (4.34)
        

                                
                                                                 

</TABLE>
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1198 Referred in House (RFH)]

  1st Session
                                S. 1198

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 5, 2001

             Referred to the Committee on Government Reform

_______________________________________________________________________

                                 AN ACT

 
             To reauthorize Franchise Fund Pilot Programs.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REAUTHORIZATION OF FRANCHISE FUND PILOT PROGRAMS.

    Section 403(f) of the Federal Financial Management Act of 1994 (31 
U.S.C. 501 note) is amended by striking ``October 1, 2001'' and 
inserting ``October 1, 2002''.

            Passed the Senate August 3, 2001.

            Attest:

                                                  JERI THOMSON,

                                                             Secretary.
```
EXHIBIT 32.2

                            SECTION 906 CERTIFICATION





<PAGE>


                                  Exhibit 32.2

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


In  connection  with the  Quarterly  Report of  Industrial  Minerals,  Inc. (the
"Company") on Form 10-Q for the period  ending  September 30, 2005 as filed with
the Securities and Exchange Commission on the date hereof (the "Report") I, John
Melnyk,  Chief  Financial  Officer of the Company,  certify,  pursuant to 18 USC
section 1350, as adopted  pursuant to section 906 of the  Sarbanes-Oxley  Act of
2002, that to the best of my knowledge and belief:

         (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.

Dated: November 9, 2005


Name: John Melnyk

/s/John Melnyk
---------------------------------------------------------
Position: Chief Financial Officer and Secretary/Treasurer


This  certification  accompanies  the  Report  pursuant  to  Section  906 of the
Sarbanes-Oxley  Act of 2002 and shall not,  except to the extent required by the
Sarbanes-Oxley  Act of 2002,  be deemed  filed by the  Company  for  purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.
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