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

 

 

Order Michigan Supreme Court

Lansing, Michigan 

May 30, 2007 Clifford W. Taylor,

 Chief Justice 

133687 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

UNIVERSITY OF MICHIGAN REGENTS and 

UNIVERSITY OF MICHIGAN HEALTH 

SYSTEM, 

Plaintiffs-Appellants, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 133687 

 COA: 276710 

Washtenaw CC: 06-000034-CK 

TITAN INSURANCE COMPANY, 

Defendant-Appellee. 

_________________________________________/ 

On order of the Court, the application for leave to appeal prior to decision by the 

Court of Appeals is considered, and it is DENIED, because the Court is not persuaded 

that the question presented should be reviewed by this Court before consideration by the 

Court of Appeals. 

p0521 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

May 30, 2007 

 Clerk
Readout of Federal Railroad Administration and Pipeline and Hazardous 

Materials Safety Administration Activities in East Palestine, O.H.

February 22, 2023

EAST PALESTINE, OH — Today, officials from the Federal Railroad Administration (FRA) 

and Pipeline and Hazardous Materials Safety Administration (PHMSA) traveled to East 

Palestine, O.H., as the U.S. Department of Transportation continues to support the National

Transportation Safety Board (NTSB) in their investigation into the cause of the Norfolk Southern 

derailment on February 3. 

FRA Administrator Amit Bose and PHMSA Deputy Administrator Tristan Brown took part in a 

scheduled inspection of the 11 derailed tank cars involved in the Norfolk Southern incident and 

toured the site of the derailment with firefighters, rail car owners, support staff from Norfolk 

Southern, and the NTSB. This inspection is a necessary step in the ongoing investigation to 

identify failure mode and mechanism, looking for conditions of the tank car that do not comply 

with the regulation or the design requirements, as well as photographing and documenting the 

tank cars.

In the afternoon, Administrator Amit Bose and Deputy Administrator Tristan Brown gathered 

with representatives from the United Transportation Union (Smart TD), Brotherhood Of 

Locomotive Engineers and Trainmen (BLET), Brotherhood of Maintenance of Way Employees 

(BMWED), Brotherhood of Railroad Signalmen (BRS), Brotherhood Railway Carmen (BRC), 

and International Association of Fire Fighters (IAFF) for a listening session focused on actions to 

increase safety and prevent further incidents like the one in East Palestine.

During the listening session, first responders and firefighters thanked DOT officials for their visit 

and prompt response to the incident in addition to the emergency training grants available 

through PHMSA.

In recent years PHMSA’s hazardous materials grant programs have helped to train over 

3000 first responders across Ohio including IAFF firefighters that responded to this derailment. 

First responders and labor leaders also provided feedback to DOT officials on steps they believe 

would help improve safety. 

U.S Department of Transportation

Office of Public Affairs

1200 New Jersey Avenue, SE

Washington, DC 20590

www.transportation.gov/briefingroom 

News
Today’s visit is part of the work DOT has been doing for weeks to help get to the bottom of the 

derailment.

Earlier this week, Secretary Buttigieg and the Department of Transportation called for significant 

reforms for the freight rail industry, including paid sick leave for workers, and raising the 

existing caps on fines for rail safety regulations—to see the full list click HERE.

For more on the federal response to support East Palestine, Ohio — including the role of FEMA, 

and the EPA — click HERE.
###
**Exhibit 12.1**

 
| ** **                                         | ** ** | **Successor**                         | ** ** | **Predecessor** | ** ** |
|----------------------------------------------------|------------|---------------------------------------|------------|-----------------|------------|
| ** **                                         | ** ** | **Year-Ended December 31,** | ** ** |
| ** **                                         | ** ** | **2010**                              | ** ** | **2009**        | ** ** | **2008** | ** ** | **2007(1)** | ** ** |
| **Earnings**                                       |       |                                  |       |            |       |   |   |   |   |
| Income from continuing   operations                |       | $                                     | 7,435      |            | $          | 42,304 |   | $ | 91,392 |   | $ | 248,378 |   |
| Fixed charges                                      |       | 22,767                                |       | 13,539          |       | 31,113 |   | — |   |
| Total earnings                                     |       | $                                     | 30,202     |            | $          | 55,843 |   | $ | 122,505 |   | $ | 248,378 |   |
|                                               |       |                                  |       |            |       |   |   |   |   |
| **Fixed   Charges**                                |       |                                  |       |            |       |   |   |   |   |
| Interest Expense                                   |       | $                                     | 20,395     |            | $          | 13,458 |   | $ | 31,038 |   | $ | — |   |
| Estimated interest portion   within rental expense |       | 94                                    |       | 81              |       | 75 |   | — |   |
| Write-off of deferred   financing costs            |       | 2,278                                 |       | —          |       | — |   | — |   |
| Total fixed charges                                |       | $                                     | 22,767     |            | $          | 13,539 |   | $ | 31,113 |   | $ | — |   |
|                                               |       |                                  |       |            |       |   |   |   |   |
| Ratio of earnings to fixed   charges               |       | 1.3x                                  |       | 4.1x            |       | 3.9x |   | — |   |

 

----

(1)           The financial statements of BMSMI as of and for the year ended December 31, 2007 were prepared in connection with Avista’s acquisition of Lantheus on January 8, 2008 and contain expense allocations for corporate functions historically provided to BMSMI by BMS and not costs that we would have necessarily incurred as a stand-alone entity. These statements have been prepared using the Predecessor’s bases in the assets and liabilities and the historical results of operations. As a result, the financial statements of BMSMI as of and for the year ended December 31, 2007 are not comparable to our financial statements for subsequent periods.

 

----
Exhibit 31.1

RULE 13a-14(d) Certification

 

I, In-Young Chase, certify that:

 

1.       I have reviewed thisreport on Form 10–K and all reports on Form 10–D required to be filed in respect of the period covered by this reporton Form 10–K of SATURNS Trust No. 2010-04 (IP) (the “Exchange Act periodic reports”);

 

2.        Based on my knowledge,the Exchange Act periodic reports, taken as a whole, do not contain any untrue statement of a material fact or omit to state amaterial fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleadingwith respect to the period covered by this report;

 

3.       Based on my knowledge,all of the distribution, servicing and other information required to be provided under Form 10–D for the period covered bythis report is included in the Exchange Act periodic reports;

 

4.        Based on my knowledgeand the servicer compliance statement(s) required in this report under Item 1123 of Regulation AB, and except as disclosed in theExchange Act periodic reports, the servicer, The Bank of New York Mellon, as Trustee of SATURNS Trust No. 2010-04 (IP), has fulfilledits obligations under the servicing agreement, which is the Trust Agreement relating to SATURNS Trust No. 2010-04 (IP); and

 

5.        All of the reportson assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessmentof compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item1122 of Regulation AB and Exchange Act Rules 13a–18 and 15d–18 have been included as an exhibit to this report. Anymaterial instances of noncompliance described in such reports have been disclosed in this report on Form 10–K.

 

In giving the certifications above, I have reasonably relied oninformation provided to me by the following unaffiliated parties: The Bank of New York Mellon and its officers and agents.

 

 

 

By:/s/In-Young Chase___________

Name:	In-YoungChase

 

** **
Exhibit 32.1

SUNLINK HEALTH SYSTEMS, INC.

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 SunLink Health Systems, Inc. (the Company) on Form 10-Q/A for the
quarterly period ended December 31, 2008, as filed with the United States Securities and Exchange Commission on the date hereof (the Report), I, Robert M. Thornton, Jr., Chief Executive Officer of the Company, do hereby certify to
the best of my knowledge, pursuant to 18 U.S.C. 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, as amended; and

(2) The information contained in the Report fairly presents, in all material respects, the financial condition and results
of operations of the Company.



|                   |  |     |  |                            
|------------------ |  | --- |  | ---------------------------
|                   |  | By: |  | /s/ Robert M. Thornton, Jr.
|                   |  |     |  | Robert M. Thornton, Jr.    
|                   |  |     |  | Chief Executive Officer    
|September 25, 2009 |  |     |  |
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

Christine Chapin, :

Plaintiff : Civil Action 2:11-cv-00069

v. : Judge Marbley

Michael J. Astrue, Commissioner 

of Social Security, : Magistrate Judge Abel

Defendant :

ORDER

This matter is before the Court on Magistrate Judge Abel's March 1, 2012 Report

and Recommendation. No objections have been filed to the Report and

Recommendation. The Court, having reviewed the record de novo, determines that

there is substantial evidence of record supporting the administrative law judge's

determination that plaintiff Christine Chapin is not disabled within the meaning of the

Act. 

Upon de novo review in accordance with the provisions of 28 U.S.C. §636(b)(1)(B),

the Court ADOPTS the Report and Recommendation. Plaintiff's motion for summary

judgment is DENIED. Defendant's motion for summary judgment is GRANTED. The

decision of the Commissioner of Social Security is AFFIRMED. The Clerk of Court is

DIRECTED to enter JUDGMENT for defendant.

 This action is hereby DISMISSED.

 s/Algenon L. Marbley 

Algenon L. Marbley

United States District Judge

Case: 2:11-cv-00069-ALM-MRA Doc #: 25 Filed: 06/15/12 Page: 1 of 1 PAGEID #: <pageID>
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
                           TSR, INC. AND SUBSIDIARIES
                  Exhibit 27, Financial Data Schedule to Report
                          on Form 10Q, August 31, 1999
</LEGEND>


<S>                             <C>
<PERIOD-TYPE>                   3-mos
<FISCAL-YEAR-END>                          May-31-2000
<PERIOD-END>                               Aug-31-1999
<CASH>                                      $5,656,514
<SECURITIES>                                 4,458,274
<RECEIVABLES>                               13,274,409
<ALLOWANCES>                                   173,264
<INVENTORY>                                          0
<CURRENT-ASSETS>                            25,503,536
<PP&E>                                       1,996,389
<DEPRECIATION>                               1,868,671
<TOTAL-ASSETS>                              23,927,654
<CURRENT-LIABILITIES>                        7,516,527
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        60,783
<OTHER-SE>                                  16,350,344
<TOTAL-LIABILITY-AND-EQUITY>                23,927,654
<SALES>                                              0
<TOTAL-REVENUES>                            20,954,694
<CGS>                                                0
<TOTAL-COSTS>                               16,161,693
<OTHER-EXPENSES>                             2,864,087
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              2,032,306
<INCOME-TAX>                                   877,000
<INCOME-CONTINUING>                          1,155,306
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,155,306
<EPS-BASIC>                                     0.22
<EPS-DILUTED>                                     0.22



</TABLE>
#### Carson Pirie Scott & Co. *v.*United States

No. 7537.

Entry No. 476.

Invoice dated London, England, July 1944.

Certified July 1944.

Entered at Chicago, Ill., August 10, 1944.

(Decided February 11, 1948)

*Wallace & Schwartz (Joseph Schwartz*of counsel) for the plaintiff.

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

*381Oliver, Presiding Judge:

This appeal for reappraisement has been submitted for decision upon the following stipulation of counsel for the parties hereto:

(Stipulation omitted.)

On the agreed facts I find the foreign value, as that value is defined in section 402 (c) of the Tariff Act of 1930 as amended by the Administrative Act of 1938, to be the proper basis for the determination of the value of the merchandise here involved, and that such value was sterling 5-8-0 per dozen, less 3 per centum discount, packing included.

Judgment will be rendered accordingly.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 77 Engrossed in Senate (ES)]

109th CONGRESS
  2d Session
S. CON. RES. 77

_______________________________________________________________________

                         CONCURRENT RESOLUTION

    Resolved by the Senate (the House of Representatives concurring), 
That the two Houses of Congress assemble in the Hall of the House of 
Representatives on Tuesday, January 31, 2006, at 9 p.m., for the 
purpose of receiving such communication as the President of the United 
States shall be pleased to make to them.

            Passed the Senate January 25, 2006.

            Attest:

                                                             Secretary.
109th CONGRESS

  2d Session

                            S. CON. RES. 77

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 To provide for a joint session of Congress to receive a message from 
                the President on the state of the Union.
```
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No. 54201.

#### Quong Yuen Shing & Co. et al. *v.*United States,

protests 149777-K, etc. (New York).

Opinion by

Oliver, C. J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
Exhibit 32.2

SUNLINK HEALTH SYSTEMS, INC.

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 SunLink Health Systems, Inc. (the Company) on Form 10-Q for the quarterly period ended December 31, 2006, as filed with the United States Securities and
Exchange Commission on the date hereof (the Report), I, Mark J. Stockslager, Interim Chief Financial Officer of the Company, do hereby certify, pursuant to 18 U.S.C. 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,
as amended; and

(2) The information contained in the Report fairly presents, in all material respects, the financial condition and results
of operations of the Company.



By:

/s/ Mark J. StockslagerMark J. StockslagerInterim Chief Financial Officer


February 14, 2007



38
#### Kapco Woolen Co. (Penson & Co.) et al. *v.*United States

No. 6693.

Entry No. 728298, etc.

Invoices dated Nottingham, England, November 20, 1945, etc.

Certified November 23, 1945, etc.

Entered at New York, N. Y., December 19, 1945, etc.

(Decided January 2, 1947)

*Siegel, Mandell & Davidson*for the plaintiffs.

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

Tilson, Judge:

The appeals listed in schedule A, hereto attached and made a part hereof, involve the question of whether or not there should be included as a part of the dutiable values of the merchandise the amount of the so-called British purchase tax. The appraiser has added such a tax, and the importer claims that his action in so doing is illegal.

In submitting these appeals, counsel for the respective parties have agreed that the issues herein are similar in all material respects to the issues involved in *United States*v. *Pitcairn,*C. A. D. 334, and the record therein has been admitted in evidence in this case.

Upon the agreed facts and following the cited authority, I find and hold the proper dutiable export values of the merchandise covered by these appeals to be the values found'by the appraiser, less any additions made by the importers on entry to meet advances made by the appraiser in similar cases then pending on appeal. Judgment will be rendered accordingly.
* Pursuant to 5TH C IR . 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 5TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED April 27, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-30982 Summary Calendar

RICKY JOSEPH ALEX, Plaintiff-Appellant,

versus RICHARD L. STALDER; VENETIA MICHAEL; JERRY GOODWIN; RAY HANSON; JAMIE FUSSELL; SERGEANT RIOS; TONY TOBIN; RICKY ANDREWS; CURT WAINWRIGHT, Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Western District of Louisiana

USDC No. 5:03-CV-30

-------------------- Before DeMOSS, STEWART and PRADO, Circuit Judges.
PER CURIAM: * Ricky Joseph Alex, Louisiana prisoner # 98130, appeals from the dismissal of his 42 U.S.C. § 1983 action as frivolous. He contends that the conditions of his confinement violated the Eighth Amendment; that the conditions of his confinement violated the Due Process Clause; and that the dismissal of his action before discovery and service of the defendants violated the Due Process Clause.No. 05-30982 -2- Alex’s appellate allegations regarding the taking of his mattress from his cell during the daytime do not give rise to any Eighth Amendment violation. See Novak v. Beto , 453 F.2d 661, 665-66 (5th Cir. 1971) . Alex does not allege on appeal that he was deprived of his mattress during sleeping hours; he thus has abandoned any such claim. See Brinkmann v. Dallas County Deputy Sheriff Abner , 813 F.2d 744, 748 (5th Cir. 1987). Moreover, the serving of food loaf, without more, does not give rise to an Eighth Amendment violation. See Green v. Ferrell , 801 F.2d 765, 770 (5th Cir. 1986). Alex’s allegations regarding the cold temperatures in his cell, however, do give rise to a nonfrivolous Eighth Amendment contention. He alleges that he was held in very cold conditions, for an extended period in November and December, wearing nothing but a paper gown during the daytime, and that he was ordered to remain on the cold concrete whenever he attempted to sleep on the warmer, metal bunk. Alex has a right to protection from extreme cold. See Palmer v. Johnson , 193 F.3d 346, 353 (5th Cir. 1999); Beck v. Lynaugh , 842 F.2d 759, 760 (5th Cir. 1988). Alex may not recover compensatory damages absent a showing of a physical injury, 42 U.S.C. § 1997e(e); Harper v. Showers , 174 F.3d 716, 719 (5th Cir. 1999). However, he may be entitled to injunctive relief, see Harper , 174 F.3d at 719, and nominal or punitive damages. See Williams v. Kaufman County , 352 F.3d 994, 1014-15 (5th Cir. 2003). The dismissal of Alex’s claim regarding theNo. 05-30982 -3- cold temperatures in his cell was erroneous. See Harper , 174 F.3d at 718 & n.3. Finally, the district court did not err by dismissing Alex’s action before discovery or service of the defendants. See Ali v. Higgs , 892 F.2d 438, 440 (5th Cir. 1990).
AFFIRMED IN PART; VACATED AND REMANDED IN PART.