alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 The Honorable Ortrie D. Smith, United St ates District Judge for the Western District of Missouri. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 06-2912

___________ Ameriguard, Inc., * * Appellant, * * Appeal from the United States v. * District Court for the Western * District of Missouri. * University of Kansas Me dical Center * [UNPUBLISHED] Research Institute, Inc., * * Appellee. *

___________ Submitted: February 12, 2007 Filed: March 15, 2007

___________ Before RILEY, MELLOY, and SHEPHERD, Circuit Judges.

___________ PER CURIAM. Ameriguard, Inc., appeals the district court’s 1 dismissal of its Telephone Consumer Protection Act (“TCPA”), 47 U.S .C. § 227, complaint against University of Kansas Medical Center Research In stitute, Inc., (“Institute”).-2- Ameriguard alleged that the Institu te violated the TCPA by sending an “unsolicited advertisement” via telephone f acsimile machines and attached a copy of the facsimile to its complaint as an exhibit. The complaint was initially filed in Missouri state court but was removed by the Institute to federal court. Following removal, the Institute filed a motion to di smiss pursuant to Federal Rule of Civil Procedure 12(b)(6) alleging that the complaint should be dismissed for failure to state a claim upon which relief could be granted because the att ached facsimile did not meet the statutory definition of an “unsolicited advertisement.” The TCPA provides that an “unsolicited advertisement” is “any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person’s prior express invitation or permission, in writing or otherwise.” 47 U.S.C. § 227(a)(5) (2005). Applying the definition set forth in the TCPA, the district court found that the facsimile did not meet the definition of an “unsolicited advertisement” and granted the motion to dismiss. Having carefully review ed the record, see Quinn v. Ocwen Fed. Bank FSB , 470 F.3d 1240, 1244 (8th Cir. 2006) (per curiam) (de novo standard of review), we agree with the district court that Ameriguard failed to state a claim upon which relief could be granted because the facsimile attachedto the complaint does not constitute an “unsolicited advertisement” pursuant to the TCPA. See47 U.S.C. § 227(a)(5) (defining unsolicited advertisement); Abels v. Farmers Commodities Corp. , 259 F.3d 910, 921 (8th Cir. 2001) (materials attached to the complaint may be considered when ruling on a Rule 12(b)(6) motion to dismiss). Accordingly, we affirm. See 8th Cir. R. 47B.

______________________________
Exhibit 32

Via
EDGAR
Securities and Exchange Commission
Judiciary Plaza
450 Fifth Street, N.W.
Washington, D.C. 20549

Ladies
and Gentlemen:

In
connection with the Quarterly Report of TEL Offshore Trust (the "Trust") on Form 10-Q for the quarterly period ended March 31, 2011 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the undersigned, not in its individual capacity but solely as the trustee of the Trust, certifies pursuant to 18 U.S.C. 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to its knowledge:



The
above certification is furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350) and is not being filed as part of the Report or as a
separate disclosure document.

The Bank of New York Mellon
    Trust Company, N.A.,
Corporate Trustee for TEL Offshore TrustDate: May 16, 2011

By:

/s/ MIKE ULRICH Mike Ulrich Vice President


---



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# They operate on him tomorrow, you should be there blood, give a little so someone can live

                - U.S. Government Posters

## Description

                    -           Title        
                    -  They operate on him tomorrow, you should be there blood, give a little so someone can live 
                    -           Creator        
                    -  National Blood Resource Education Program (U.S.) 
                    -           Publisher        
                    -  National Blood Resource Education Program (U.S.) 
                    -           Subject: Time        
                    -  1990-2000 
                    -           Physical Description        
                    -  156 × 44 cm 
                    -           Number of Pages        
                    -  1 
                    -           Host institution        
                    -  University of Iowa. Libraries. Government Publications 
                    -           Digitization Specifications        
                    -  Scanned with Ideal Contex Magnum G600 54 Plus at 300 ppi, 24-bit color. Archival tiff image available. 
                    -           Rights Management        
                    -  This is a work of the U.S. Government and is not subject to copyright protection in the United States. 
                    -           Contact Information        
                    -  Please contact the Government Publications Department at the University of Iowa Libraries: lib-govpub@uiowa.edu 
                    -           Item Type (AAT)        
                    -  Posters 
                    -           Item Type (IMT)        
                    -  jpeg 
                    -           Identifier        
                    -  025693255.jpg; 025693255.jpg 

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                -  

                -  
                - 100 Main Library (LIB)
                - 125 West Washington St.
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                - ©2020  The University of Iowa
                -
# C_2007269EN.01004802.xml

| 10.11.2007 | EN | Official Journal of the European Union | C 269/48 |
| --- | --- | --- | --- |

10.11.2007

EN

Official Journal of the European Union

C 269/48

---

Order of the Court of First Instance of 7 September 2007 — González Sánchez v OHIM — Bankinter (ENCUENTA)

(Case T-49/06) (1)

1

(Community trade mark - Opposition proceedings - Article 63(4) of Regulation (EC) No 40/94 - Lack of standing to bring proceedings - Inadmissibility)

(2007/C 269/86)

Language of the case: Spanish

Parties

Applicant: Francisco Javier González Sánchez (Madrid, Spain) (represented by: G. Justicia González, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Palmero Cabezas, agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Bankinter SA (Madrid, Spain)

Other party to the proceedings before the Board of Appeal of OHIM:

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 16 December 2005 (Case R 1116/2005-2) concerning opposition proceedings between Bankinter SA and the Confederación Española de Cajas de Ahorros.

Operative part of the order

The Court:

| 1. | dismisses the action as inadmissible; |
| --- | --- |

1.

dismisses the action as inadmissible;

| 2. | orders Francisco Javier González Sánchez to pay all of the costs. |
| --- | --- |

2.

orders Francisco Javier González Sánchez to pay all of the costs.

---

(1)  OJ C 310, 16.12.2006.

1

---
### IN THE

TENTH COURT OF APPEALS

No. 10

- 17

- 00113

- CR

MARY LOIS MCGHEE

, Appellant

v.

THE STATE OF TEXAS

, Appellee

From the 272nd District Court

Brazos County, Texas

Trial Court No. 16

- 00848

- CRF

- 272

MEMORANDUM OPINION

Mary Lois McGhee was convicted of a third offense of Driving While Intoxicated

and sentenced to 12 years in prison. She appealed her conviction. Counsel for McGhee

has now informed the Court that the trial court granted a new trial for McGhee and has

attached a copy of the trial court’s order.

With the granting of a new trial, th is appeal has become moot. See Pharris v. State

,

165 S.W.3d 681 (Tex. Crim. App. 2005) . Accordingly, the appeal is dismissed. See id . at

fn. 6.

TOM GRAY

Chief JusticeMcGhee v. State Page 2

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Appeal dismissed

Opinion delivered and filed June 21 , 2017

Do not publish

[CR25]
#### Meadows Wye & Co., Inc. v. United States

No. 6360.

Entry No. 720347/1, etc.

Invoices dated Torquay, England, August 15, 1941, etc.

Certified August 20, 1941, etc.

Entered at New York, N. Y., October 20, 1941, etc.

(Decided September 19, 1946)

*Lane & Wallace*and *Lane, Young & Fox*for the plaintiff.

*Paul P. Rao,*Assistant Attorney General, for the defendant.

Keefe, Judge:

The appeals for reappraisement listed in schedule A, hereto attached and made a part hereof, have been submitted for decision upon the following stipulation of counsel for the parties:

(Stipulation omitted.)

On the agreed facts I find the export value, as that value is defined in section '402 (d) of the Tariff Act of 1930, to be the proper basis for the determination of the value of the earthenware and chinaware here involved, and that such values are the appraised values, less the additions made by the importer on entry because of advances by the appraiser in similar cases. Insofar as the appeals relate to all other merchandise they are hereby dismissed.

Judgment will be rendered accordingly.
February 8, 1972

No. 72-3

#### Hubert E. Wilkins, Jr., A1C, U. S. Air Force v United States.

On consideration of the “Request for Writ of Habeas Corpus” construed by the Court as a Petition for Appropriate Relief, and of respondent’s Answer and Response to Order to Show Cause, filed in the above-entitled action, it appearing that subsequent to the issuance of our Order to Show Cause, all charges against petitioner were dismissed and he was released from pretrial confinement, it is, by the Court, this 8th day of February 1972,

ORDERED:

That said Petition be, and the same is hereby, dismissed as moot.
EXHIBIT 32.1  CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER 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 Annual Report of First Level Entertainment Group, Inc., (the “Company”) on Form 10-K for the year ended August 31, 2012, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Steven Adelstein, President (principal executive officer) of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:  (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: November 2, 2012  /s/ Steven Adelstein Steven Adelstein President and Chief Executive Officer (principal executive officer)
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM SEC
FORM 10-Q FOR THE PERIODS ENDED OCTOBER 1, 2000 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-03-2000
<PERIOD-END>                               OCT-01-2000
<CASH>                                         159,531
<SECURITIES>                                    12,515
<RECEIVABLES>                                  513,940
<ALLOWANCES>                                   142,062
<INVENTORY>                                    341,365
<CURRENT-ASSETS>                             1,023,309
<PP&E>                                         899,990
<DEPRECIATION>                                 415,961
<TOTAL-ASSETS>                               2,221,449
<CURRENT-LIABILITIES>                          427,262
<BONDS>                                        672,801
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         5,799
<OTHER-SE>                                     997,267
<TOTAL-LIABILITY-AND-EQUITY>                 2,221,449
<SALES>                                      1,167,833
<TOTAL-REVENUES>                             1,167,833
<CGS>                                        1,046,212
<TOTAL-COSTS>                                1,387,412
<OTHER-EXPENSES>                               (8,294)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              40,072
<INCOME-PRETAX>                              (251,357)
<INCOME-TAX>                                  (87,566)
<INCOME-CONTINUING>                          (163,791)
<DISCONTINUED>                                   9,577
<EXTRAORDINARY>                                134,089
<CHANGES>                                            0
<NET-INCOME>                                  (20,125)
<EPS-BASIC>                                     (0.35)
<EPS-DILUTED>                                   (0.35)


</TABLE>
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 Quarterly Report of TSR, Inc. (the "Company") on Form
10-Q for the period ended February 29, 2008 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, J.F. Hughes, Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350,
as adopted 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 result of operations of the Company.

The forgoing certification is incorporated solely for the purposes of complying
with the provisions of Section 906 of the Sarbanes-Oxley Act and is not intended
to be used for any other purpose.

/s/ J.F. Hughes
-------------------------
Chairman of the Board,
Chief Executive Officer
and Director


April 4, 2008
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# T0PEX/POSEID0N Oceanography from space, a joint US/France mission

                - U.S. Government Posters

## Description

                    -           Title        
                    -  T0PEX/POSEID0N Oceanography from space, a joint US/France mission 
                    -           Creator        
                    -  United States. National Aeronautics and Space Administration. Centre national d'études spatiales (France) 
                    -           Publisher        
                    -  National Aeronautics and Space AdministrationCNES 
                    -           Subject: Time        
                    -  1990-2000 
                    -           Physical Description        
                    -  191 × 61 cm 
                    -           Number of Pages        
                    -  1 
                    -           Host institution        
                    -  University of Iowa. Libraries. Government Publications 
                    -           Digitization Specifications        
                    -  Scanned with Ideal Contex Magnum G600 54 Plus at 300 ppi, 24-bit color. Archival tiff image available. 
                    -           Rights Management        
                    -  This is a work of the U.S. Government and is not subject to copyright protection in the United States. 
                    -           Contact Information        
                    -  Please contact the Government Publications Department at The University of Iowa Libraries: lib-govpub@uiowa.edu 
                    -           Item Type (AAT)        
                    -  Posters 
                    -           Item Type (IMT)        
                    -  jpeg 
                    -           Identifier        
                    -  027182731.jpg 
                    -           OCLC Collection Number        
                    -  429489521 

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                -  

                -  
                - 100 Main Library (LIB)
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                - 319-335-5299 (Service Desk)
                - ©2020  The University of Iowa
                -
(Reap. Dec. 10241)

#### Kurt Orban Co., Inc. *v.*United States

Entry No. 843723.

(Decided May 9, 1962)

*Sharretts, Paley& Garter*for tlie plaintiff.

*William H. Orrielo, Jr.,*Assistant Attorney General, for the defendant.

Lawkence, Judge:

The above-enumerated appeal for a reappraisement presents the question of the proper dutiable value of certain steel flanges.

This case was submitted for decision upon a written stipulation of fact wherein it was agreed as follows:

> IT IS HEREBY STIPULATED AND AGREED by and between counsel for the parties hereto that the merchandise covered by the above named appeal for reappraisement consists of steel flanges exported from Germany during the last quarter of 1960 and that said merchandise is not on the final list of articles (T.D. 54521) from which the application of the Customs Simplification Act of 1956 is withheld.

> IT IS FURTHER STIPULATED AND AGREED that the prices at the time of exportation to the United States of the merchandise undergoing ap-praisement, at which such or similar merchandise was freely sold or, in the absence of sales, offered for sale in the principal markets in the country of exportation, in the usual wholesale quantities and in the ordinary course of trade, for exportation to the United States, including the cost of all containers and coverings of whatever nature and all other expenses incidental to placing the merchandise in condition ready for shipment to the United States, were the appraised values less 5 per centum, i.e., invoice units less 10%, less 5%.

Upon the agreed facts of record, the court finds and holds that export value, as that value is defined in section 402(b) of the Tariff Act of 1930, as amended by the Customs Simplification Act of 1956 (19 U.S.C. § 1401a (b)), is the proper basis of value for the gteel flanges in issue and that said value is the appraised values, less *6415 per centum, namely, the invoice units, less 10 per centum, less 5 per centum.

Judgment will issue accordingly.
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

United States of America

v. 2:11-cr-171-2

Juan Gutierrez 

ORDER

There being no objections, the court hereby adopts the Report

and Recommendation of the magistrate judge (Doc. 72) that the

defendant’s guilty plea be accepted. The court accepts the

defendant’s plea of guilty to Count 1 of the indictment, and he is

hereby adjudged guilty on that count. The court will defer the

decision of whether to accept the plea agreement until the

sentencing hearing.

Date: March 13, 2012 s\James L. Graham 

 James L. Graham

 United States District Judge

Case: 2:11-cr-00171-JLG-EPD Doc #: 79 Filed: 03/13/12 Page: 1 of 1 PAGEID #: <pageID>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 13-7862

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JOSHUA STRADER,

Defendant - Appellant.

Appeal from the United States District Court for the District of

South Carolina, at Charleston. David C. Norton, District Judge. 

(2:08-cr-01152-DCN-1; 2:11-cv-70081-DCN)

Submitted: March 27, 2014 Decided: April 1, 2014

Before MOTZ, Circuit Judge, and HAMILTON and DAVIS, Senior 

Circuit Judges.

Dismissed by unpublished per curiam opinion.

Joshua Strader, Appellant Pro Se. Matthew J. Modica, Assistant 

United States Attorney, Charleston, South Carolina, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Joshua Strader seeks to appeal 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 Strader 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 
3

contentions are adequately presented in the materials before 

this court and argument would not aid the decisional process.

DISMISSED