alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
2002 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

1-30-2002

Hannahoe v. Dana Corp

Precedential or Non-Precedential:

Docket 1-1961

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2002

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 2002 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

"Hannahoe v. Dana Corp" (2002). 2002 Decisions. Paper 73.

http://digitalcommons.law.villanova.edu/thirdcircuit_2002/73
 NOT PRECEDENTIAL 

 

 UNITED STATES COURT OF APPEALS 

 FOR THE THIRD CIRCUIT 

 

 No. 01-1961 

 JEFFREY A. HANNAHOE; EDWARD R. HANNAHOE, JR., ON BEHALF OF 

 THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, 

 

 Appellants 

 v. 

 DANA CORPORATION; RODNEY RIGHTMYER; MICHAEL DANOWSKI; JOHN 

 A. KACZOR; DON LEWIS; JACK GLAZER; CHARLES HARTMAN; KENNETH 

 R. CARL; EDWARD OSENBACH; JOHN WRIGHT; HARRY WHITED; HAROLD 

 YERGER; EVERGREEN SYSTEMS, INC; BENARD "NICK" COLE; 

 P. MICHAEL GREENE; DAVID "BRUCE" BUTCHER; SOUTHWOOD MORCOTT; 

 EASTERN METALS, INC.; GARY MATZ; LARRY L. GOLDBERG; 

 ROBERT H. NASPINSKY; JOHN DOES 1-27 

 

 ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE 

 EASTERN DISTRICT OF PENNSYLVANIA 

 

 (District Court No.00-CV-5193) 

 District Court Judge: Eduardo C. Robreno 

 

 

 Submitted Under Third Circuit LAR 34.1(a) 

 January 14, 2002 

 

Before: ALITO and ROTH, Circuit Judges, and SCHWARZER, Senior District 

Judge. 

 

 (Opinion Filed: January 31, 2002 ) 

 MEMORANDUM OPINION OF THE COURT 
 

PER CURIAM: 

 The facts and procedural background of this case are familiar to the 

parties. We 

hold that the District Court properly granted defendants' motion to 

dismiss plaintiffs' 

civil action under the Racketeer Influenced and Corrupt Organizations Act 

("RICO"). 

See 18 U.S.C.  1962, 1964. The court below was correct in ruling that 

the plaintiffs 

lacked standing. 

 This Court has held previously that "the Supreme Court has 

acknowledged that a 

private plaintiff might validly plead (and even prove) that a defendant 

has committed [a 

RICO] violation, but still lack standing ... if his own injury is too 

remotely connected to 

it." Steamfitters Local Union No. 420 Welfare Fund v. Philip Morris, 

Inc., 171 F.3d 912, 

921 (3d Cir. 1999) (citing Holmes v. Securities Investor Protection Corp., 

503 U.S. 258, 

268 (1992)); see also Allegheny Gen. Hosp. v. Philip Morris, Inc., 228 

F.3d 429, 443 (3d 

Cir. 2000). 

 The decision of the District Court will be AFFIRMED. 

 

TO THE CLERK OF THE COURT: 

Kindly file the foregoing Opinion. 

 

 Circuit Judge
**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**

|               | (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. |

|  Date:                 August 9, 2005                                                                                                                                                                                                                                                                                            |                      |                     | /s/                A. William Allen, III |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------|--------------------------|------------------------------------------|
|                                                              |                      |      | A.                William Allen, III     |
|                                                         |                      |      | Chief                Executive Officer   |
#### The People of the State of New York, Respondent, v Bobby Jenkins, Appellant.

[643 NYS2d 348]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Demarest, J.), rendered May 16, 1994, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant has not preserved for appellate review his contention that the People failed to prove his identity as the perpetrator beyond a reasonable doubt since he did not raise this issue on his motion for a trial order of dismissal *(see,*CPL *534470.05 [2]; *People v Udzinski,*146 AD2d 245; *see also, People v White,*192 AD2d 736; *People v Johnson,*185 AD2d 247; *People v Rios,*180 AD2d 696). In any event, viewing the evidence adduced at trial in the light most favorable to the prosecution *(see, People v Contes,*60 NY2d 620), we find that it was legally sufficient to establish beyond a reasonable doubt the defendant’s identity as the individual who robbed the complainant. Moreover, resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the jury, which saw and heard the witnesses *(see, People v Gaimari,*176 NY 84, 94). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record *(see, People v Garafolo,*44 AD2d 86, 88). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence *(see,*CPL 470.15 [5]).

The defendant’s remaining contentions are without merit. O’Brien, J. P., Joy, Altman and Florio, JJ., concur.
Exhibit 32.1  CERTIFICATION PURSUANT TO 18 U.S.C. SEC. 1350 (SECTION 906 OF SARBANES-OXLEY ACT OF 2002)  In connection with the Annual Report of, Bella Viaggio, Inc. (the "Company") on Form 10-K for the period ending June 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Frank Rossana, President, Chief Executive Officer, Chief Financial Officer and Director of the Company, hereby certify, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 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.  Dated: November 12, 2009  By: /s/ Frank Rossana Frank Rossana, President, Chief Executive Officer, Chief Financial Officer and Director
P. 1 

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#### Kenneth Duane LEE, Plaintiff-Appellant, v. WISEMAN, Chief Medical Officer; et al., Defendants-Appellees.

No. 00-17062.

D.C. No. CV-97-06015-OWW.

United States Court of Appeals, Ninth Circuit.

Submitted June 11, 2001 *.

Decided June 21, 2001.

Before O’SCANNLAIN, SILVERMAN, and GOULD, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Kenneth Duane Lee, a California state prisoner, appeals pro se the district court’s summary judgment for defendants in his action alleging excessive force and deliberate indifference. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo the grant of summary judgment, *Barnett v. Centoni,*31 F.3d 813, 815 (9th Cir.1994) (per curiam), and affirm for the reasons stated by the magistrate judge’s findings and recommendations dated July 14, 2000, and adopted by the district court’s September 25, 2000, order.

*540Lee’s remaining contentions have been considered and rejected.

On January 22, 2001, Lee was granted permission for funding under the Prison Litigation Reform Act, 28 U.S.C. § 1915. The Clerk shall amend the docket to reflect Lee’s in forma pauperis status.

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
Exhibit 31.2



CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER



I, Justin W. Shireman, certify that:

1.
        I have reviewed this quarterly report on Form 10-Q/A of Insignia Systems, Inc.;


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;


3.
        Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;


4.
        The registrant's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:


a)
        Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant is made known to us by others within the Registrant, particularly during the period in which this report is being prepared;


b)
        Evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation;


c)
        Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting;


5.
        The registrant's other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's auditors and the audit committee of the registrant's board of directors (or persons performing the equivalent functions):


a)
        All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant's ability to record, process, summarize and report financial information; and


b)
        Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal controls over financial reporting.




Date:  January 3, 2008
        
        /s/ Justin W. ShiremanJustin W. ShiremanVice President, Finance andChief Financial Officer(principal financial officer)






---
BELINDA HILL

FIRST ASSISTANT CRIMINAL JUSTICE CE NTER 1201 FRANKLIN, SUITE 600 HOUSTON, TEXAS 77002

- 1901



### DEVON ANDERSON

DISTRICT ATTORNEY HARRIS COUNTY, TEXAS

August 18, 2015



### Mr. Abel Acosta, Clerk Court of Criminal Appeals

P.O. Box 12308

–

Capitol Station Austin, TX 78711

RE: JOSE VASQUEZ v. THE STATE OF TEXAS

Case No.: PD-0078 -15

Trial Court No.: 1 333231

Dear Mr. Acosta:

I plan to present oral argument in the above case in Austin o n Wednesday, September 16, 201 5

at 9:00 AM.

A copy of this notice is being sent to the attorney of record.

Sincerely,

/s/ Eric Kugler

ERIC KUGLER Assistant District Attorney Harris County, Texas (713) 755-5826

/vl

cc: Mark C. Kratovil

Assistant Public Defender 1201 Franklin, 13 th Floor
Houston, TX 77002 PD-0078-15

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS
Transmitted 8/18/2015 2:28:41 PM Accepted 8/18/2015 2:33:48 PM

ABEL ACOSTA
CLERK
Before the Third Division,

July 8, 1954

No. 58260.

protest 158146-K (New York).

#### General Shipping & Trading Co. and Guiseppe Zingale v. United States,

*317Opinion by

Johnson, J.

In accordance with stipulation of counsel that the merchandise consists of Pecorino (sheep’s milk) cheese similar in all material respects to that the subject of *Fontana Hollywood Corp.*v. *United States*(30 Cust. Ct. 98, C. D. 1503), the claim of the plaintiffs was sustained;
Before the Third Division,

February 29, 1960

No. 63869.

protest 58/3286 (New York).

#### Penn-Carol Hosiery Mills, Inc. *v.*United States,

Opinion by

Johnson, J.

In accordance with stipulation of counsel that the facts are similar to those involved in Abstract 53865, the claim of the plaintiff was sustained.
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DETENTION ORDER 15.13

18 U.S.C. § 3142(i) Rev. 1/91

PAGE 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA,

Plaintiff,

v. 

BEKET ELIZABETH CASS-GARCIA,

Defendant.

____________________________________

)

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Case No. 06-47M

DETENTION ORDER 

Offenses charged: 

Count 1: Conspiracy to Distribute Cocaine in violation of 21 U.S.C. §§ 841(a)(1), and

841(b)(1)(B).

Count 2: Possession of Cocaine Base in violation of 21 U.S.C. §§ 841(a)(1) and

841(b)(1)(C).

Date of Detention Hearing: February 13, 2006.

The Court, having conducted a detention hearing pursuant to 18 U.S.C. § 3142(f), and

based upon the factual findings and statement of reasons for detention hereafter set forth, finds

the following:

FINDINGS OF FACT AND STATEMENT OF REASONS FOR DETENTION

(1) Pursuant to 18 U.S.C. § 3142(e), there is a rebuttable presumption that defendant

is a flight risk and a danger to the community based on the nature of the pending charges. 

(2) Defendant has past substance-abuse problems, and it appears that those problems

may be ongoing.

Case 2:06-cr-00051-RSL Document 7 Filed 02/13/06 Page 1 of 2
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DETENTION ORDER 15.13

18 U.S.C. § 3142(i) Rev. 1/91

PAGE 2

(3) Defendant’s criminal background history shows that she has failed to appear in

Court as required on five prior occasions.

(4) Defendant’s criminal background history shows that she has five instances of

violating the terms of her probation.

(5) Although defendant has lived in the Western District of Washington for seven (7)

years, her ties to the community are minimal. She has not been employed for the past five (5)

years. She has minimal family ties and has living arrangements that cannot be verified.

(6) There are no conditions or combination of conditions that will reasonably assure

the appearance of defendant as required, or the safety of the community

IT IS THEREFORE ORDERED:

(1) Defendant shall be detained pending trial and committed to the custody of the

Attorney General for confinement in a correction facility separate, to the extent

practicable, from persons awaiting or serving sentences or being held in custody

pending appeal;

(2) Defendant shall be afforded reasonable opportunity for private consultation with

counsel;

(3) On order of a court of the United States or on request of an attorney for the

government, the person in charge of the corrections facility in which defendant

is confined shall deliver the defendant to a United States Marshal for the purpose

of an appearance in connection with a court proceeding; and

(4) The Clerk shall direct copies of this Order to counsel for the United States, to

counsel for the defendant, to the United States Marshal, and to the United States

Pretrial Services Officer.

DATED this 13th day of February, 2006.AJAMES P. DONOHUE

United States Magistrate Judge 

Case 2:06-cr-00051-RSL Document 7 Filed 02/13/06 Page 2 of 2
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 752 Introduced in House (IH)]

110th CONGRESS
  1st Session
H. RES. 752

     Honoring the life and expressing condolences of the House of 
Representatives on the passing of the Honorable Joe D. Waggonner, Jr., 
                   former United States Congressman.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 17, 2007

 Mr. McCrery (for himself, Mr. Alexander, Mr. Boustany, Mr. Baker, Mr. 
   Jefferson, Mr. Jindal, and Mr. Melancon) submitted the following 
resolution; which was referred to the Committee on House Administration

_______________________________________________________________________

                               RESOLUTION

 
     Honoring the life and expressing condolences of the House of 
Representatives on the passing of the Honorable Joe D. Waggonner, Jr., 
                   former United States Congressman.

Whereas Joe D. Waggonner, Jr. was born on September 7, 1918, near Plain Dealing, 
        Louisiana;
Whereas Joe D. Waggonner, Jr. graduated from Plain Dealing High School and 
        Louisiana Tech University;
Whereas Joe D. Waggonner, Jr. was a distinguished veteran who served in the 
        United States Navy during--

    (1) World War II, attaining the rank of lieutenant commander; and

    (2) the Korean war;

Whereas Joe D. Waggonner, Jr. was elected to serve in the House of 
        Representatives through a special election in 1961 and served for nine 
        terms;
Whereas during his tenure in the House of Representatives, Congressman Waggonner 
        served on several important congressional committees, including the 
        Committee on Science and Astronautics, the Committee on House 
        Administration, and the Committee on Ways and Means;
Whereas during his 18 years of service as a member of Congress, Congressman 
        Waggonner worked to improve conditions in northwest Louisiana, including 
        by--

    (1) playing an instrumental role in planning for and securing funding 
for Interstate Route 49;

    (2) securing funding for the Bert Kouns Industrial Loop and the Inner 
Loop Expressway in the vicinity of Shreveport, Louisiana; and

    (3) working to develop the Red River for navigation; and

Whereas Congressman Waggonner remained active in public service after his 
        retirement from the House of Representatives in 1979, including by 
        serving as--

    (1) Chairman and President Emeritus of the Greater Bossier Economic 
Foundation; and

    (2) a member of President Reagan's National Commission on Social 
Security Reform: Now, therefore, be it

    Resolved, That the House of Representatives--
            (1) honors the life and accomplishments of the Honorable 
        Joe D. Waggonner, Jr., former United States Congressman; and
            (2) expresses its condolences to his family and the people 
        of the State of Louisiana at his passing.
                                 <all>
```
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