alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Darwin T. HALL and Mary M. HALL v. HAWKINS OIL & GAS, INC.

CA 85-321

715 S.W.2d 462

Court of Appeals of Arkansas Division II

Opinion delivered September 17, 1986

[Rehearing denied October 22, 1986.]

*5*Loh, Massey & Yates, Ltd.,*by: *Howard C. Yates,*for appellant.

*Dorsey Ryan,*for appellee.

Tom Glaze, Judge.

Appellee, Hawkins Oil & Gas, Inc., brought suit against the appellants for recovery of money paid by mistake in excess of an agreed per-acre price for an oil and gas lease. The trial court found that the overpayment was not intentional but was the result of a mistake in the calculation of the number of acres and accordingly granted judgment for the appellee. We find the chancellor’s ruling was in error and reverse.

Natural Energy Research, Inc., through its president, procured the subject oil and gas lease from the appellants. Natural Energy later assigned the lease to Hawkins Oil & Gas in consideration of the sum of money Natural Energy had paid appellants for it. The written lease agreement prepared by Natural Energy and executed by appellants recited that the land contained 390 acres when in fact it contained only 273.05 acres. The agreed price was $50.00 per acre.

The president of Natural Energy, a former abstracter and legal secretary, was familiar with legal descriptions. She initially had the real estate records checked by an employee, who discovered that the subject land contained 273.05 acres. Even though the correct acreage (273.05) was known, that same employee personally supervised the preparation of the lease which erroneously reflected 390 acres. After Natural Energy assigned the lease to appellee, the appellee discovered the error in acreage, causing it to file this lawsuit. At trial, the parties stipulated that appellants received $5,847.50 more than the *6agreed consideration because of the error.1 The trial court rendered judgment in that amount to appellee.

Appellants argue that, although they were unaware of the mistake, appellee had the opportunity to discover the error; therefore, appellee should bear the loss of the overpayment, because appellee’s assignor and predecessor in title (Natural Energy) had full knowledge of the correct amount when the incorrect acreage was inserted in the lease. In *Northcross*v. *Miller,*184 Ark. 463, 43 S.W.2d 734 (1931), and *Blackburn*v. *Texarkana Gas & Electric Co.,*102 Ark. 152, 143 S.W. 588 (1912), the supreme court adopted the rule that one voluntarily paying a claim with knowledge of the facts or under such circumstances that he is affected with such knowledge cannot recover the payment on the ground that the claim was unenforceable. Although appellants argue otherwise, we believe the holdings in *Blackburn*and *Northcross*are controlling and the facts here fall squarely within the rule set out in those cases. In sum, the critical evidence in the present appeal is that Natural Energy had not only constructive but also actual knowledge of the correct acreage. Accordingly, we must reverse and dismiss this cause.

Reversed.

Cooper and Corbin, JJ., agree.

1

 We note that Natural Energy Research, Inc., was not joined as a party below.
Document Headings

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                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Labor

###### Employment and Training Administration 

          - [TA-W-61,134] 

Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on March 19, 2007, in response to a petition filed by on behalf of workers of National Textiles, Sara Lee, Winston-Salem, North Carolina. 

The petitioning group of workers is covered by an amended certification for workers of Hanes Brands Inc., formerly National Textiles, formerly Sara Lee Branded Apparel, Division Office, Winston-Salem, North Carolina (TA-W-57,802), which expires on September 28, 2007. Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated. 

      ( print page 19026)    
Signed at Washington, DC, this 4th day of April, 2007. 

Linda G. Poole, 

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. E7-7100 Filed 4-13-07; 8:45 am] 

BILLING CODE 4510-FN-P
# FinalMatrix
### IN THE UNI TED STAT ES COURT OF APPEALS FOR THE FIF TH CIRCU IT

N o
. 1 0

- 3 0 4 6 1 C o n f e r e n c e C a l e n d a r

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v
.
K E N N E T H E A R L W I N E S , a l s o k n o w n a s C r a z y ,
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r o m t h e U n i t e d S t a t e s D i s t r i c t C o u r t f o r t h e W e s t e r n D i s t r i c t o f L o u i s i a n a U S D C N o
. 3 : 0 3

- C R

- 3 0 0 1 3

- 1

B e f o r e K I N G , B E N A V I D E S , a n d P R A D O , C i r c u i t J u d g e s
. P E R C U R I A M : *
T h e F e d e r a l P u b l i c D e f e n d e r a p p o i n t e d t o r e p r e s e n t K e n n e t h E a r l W i n e s h a s m o v e d f

o r l e a v e t o w i t h d r a w a n d h a s f i l e d a b r i e f i n a c c o r d a n c e w i t h A n d e r s

v
. C a l i f o r n i a , 3 8 6 U

. S

. 7 3 8 ( 1 9 6 7 )

. W i n e s h a s n o t f i l e d a r e s p o n s e
. O u r i n d e p e n d e n t r e v i e w o f t h e r e c o r d a n d c o u n s e l ’ s b r i e f d i s c l o s e s n o n o n f r i v o l o u s i s s u e f o r a p p e a l

. A c c o r d i n g l y , c o u n s e l ’ s m o t i o n f o r l e a v e t o w i t h d r a w i s G R A N T E D , c o u n s e l i s e x c u s e d f r o m f u r t h e r r e s p o n s i b i l i t i e s h e r e i n , a n d t h e A P P E A L I S D I S M I S S E D

. S e e 5 T H C I R

. R

. 4 2

. 2

. U n i te d S ta te s C o u rt o f A p p ea l s F i ft h C i rc u i t 

### F I L E D Decem ber 8 , 20 10 Lyle W . Cayce Clerk

Purs uant to 5 T H C I R

. R. 47.5 , the cour t has d ete rm ined t hat this op inion sho uld not * be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t for th in 5 T H C I R

. R. 47.5 .4. Case: 10-30461 Document: 00511315225 Page: 1 Date Filed: 12/08/2010
EXHIBIT 31.1
 CERTIFICATIONS
  1.
    
    I have reviewed this report on Form 10-K and all reports on Form 10-D to be
filed in respect of the period covered by this report on Form 10-K of Ford Credit
Floorplan Master Owner Trust A (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 a material fact
necessary to make the statements made, in light of the circumstances under which such
statements were made, not misleading as of the last day of 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 by this report is
included in the Exchange Act period reports;4.
    
    I am responsible for reviewing the activities performed by the servicer and
based on my knowledge and the compliance review conducted in preparing the servicer
compliance statement required in this report under Item 1123 of Regulation AB, and
except as disclosed in the Exchange Act periodic reports, the servicer has fulfilled
its obligations under the servicing agreement in all material respects; and5.
    
    All of the reports on assessment of compliance with servicing criteria for
asset-backed securities and their related attestation reports on assessment of
compliance with servicing criteria for asset-backed securities required to be included
in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules
13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise
disclosed in this report. Any material instances of noncompliance described in such
reports have been disclosed in this report on Form 10-K.
   /s/ Brian E. SchaafBrian E. SchaafVice President and Assistant Treasurer
Ford Motor Credit Company LLC, as Servicer
(senior officer in charge of servicing function)
1

National Oceanic and Atmospheric Administration (NOAA) (2009a) The Annual Global (land and ocean combined) 

Anomalies (degrees C). ftp://ftp.ncdc.noaa.gov/pub/data/anomalies/annual.land_ocean.90S.90N.df_1901-

2000mean.dat. Accessed April 28, 2011.

1880 -0.1280

1881 -0.0659

1882 -0.0835

1883 -0.1341

1884 -0.1995

1885 -0.1745

1886 -0.1574

1887 -0.2355

1888 -0.1531

1889 -0.0752

1890 -0.2881

1891 -0.2472

1892 -0.2893

1893 -0.3270

1894 -0.2917

1895 -0.2325

1896 -0.0915

1897 -0.1246

1898 -0.2509

1899 -0.1331

1900 -0.0907

1901 -0.1587

1902 -0.2459

1903 -0.3375

1904 -0.3976

1905 -0.2771

1906 -0.2234

1907 -0.3706

1908 -0.4155

1909 -0.4185

1910 -0.4029

1911 -0.4163

1912 -0.3599

1913 -0.3382

1914 -0.1763

1915 -0.0957

1916 -0.2951

1917 -0.3352

1918 -0.2297

1919 -0.2474

1920 -0.2284

1921 -0.1535

1922 -0.2386

1923 -0.2148

1924 -0.2069

1925 -0.1334

1926 -0.0352

1927 -0.1083

1928 -0.1067

1929 -0.2219

1930 -0.0405

1931 -0.0202
2

1932 -0.0415

1933 -0.1789

1934 -0.0371

1935 -0.0745

1936 -0.0435

1937 0.0626

1938 0.0927

1939 0.0737

1940 0.1180

1941 0.1663

1942 0.1208

1943 0.1094

1944 0.2140

1945 0.0880

1946 -0.0415

1947 -0.0465

1948 -0.0607

1949 -0.0788

1950 -0.1654

1951 -0.0085

1952 0.0330

1953 0.1134

1954 -0.1048

1955 -0.1207

1956 -0.1793

1957 0.0628

1958 0.1103

1959 0.0690

1960 0.0199

1961 0.0986

1962 0.1240

1963 0.1416

1964 -0.1201

1965 -0.0564

1966 0.0004

1967 0.0144

1968 0.0024

1969 0.1058

1970 0.0615

1971 -0.0452

1972 0.0445

1973 0.1751

1974 -0.0742

1975 -0.0039

1976 -0.0964

1977 0.1571

1978 0.0775

1979 0.1677

1980 0.2138

1981 0.2524

1982 0.1331

1983 0.3011

1984 0.1083

1985 0.0913

1986 0.1818

1987 0.3152

1988 0.3258
3

1989 0.2493

1990 0.3882

1991 0.3598

1992 0.2177

1993 0.2493

1994 0.3125

1995 0.4346

1996 0.3056

1997 0.5038

1998 0.6177

1999 0.4333

2000 0.4089

2001 0.5320

2002 0.5926

2003 0.6029

2004 0.5594

2005 0.6366

2006 0.5800

2007 0.5713

2008 0.4951

2009 0.5772

2010 0.6397

2011 -999.0000
# C_2007297EN.01003001.xml

| 8.12.2007 | EN | Official Journal of the European Union | C 297/30 |
| --- | --- | --- | --- |

8.12.2007

EN

Official Journal of the European Union

C 297/30

---

Action brought on 10 October 2007 — Commission of the European Communities v Portuguese Republic

(Case C-458/07)

(2007/C 297/48)

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (represented by: P. Andrade and G. Braun, Agents)

Applicant:

Defendant: Portuguese Republic

Defendant:

Form of order sought

| — | a declaration that the Portuguese Republic, by failing to ensure in practice that at least one comprehensive telephone directory and at least one comprehensive telephone directory enquiry service are available to all end-users, as laid down in Articles 5(1) and (2) and 25(1) and (3) of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (1), has failed to fulfil its obligations under that directive; |
| --- | --- |

—

a declaration that the Portuguese Republic, by failing to ensure in practice that at least one comprehensive telephone directory and at least one comprehensive telephone directory enquiry service are available to all end-users, as laid down in Articles 5(1) and (2) and 25(1) and (3) of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (1), has failed to fulfil its obligations under that directive;

1

| — | an order that the Portuguese Republic should pay the costs. |
| --- | --- |

—

an order that the Portuguese Republic should pay the costs.

Pleas in law and main arguments

In Portugal, subscribers to Vodafone who expressed their wish to have their names included in the universal service directory are still not included in it.

The regulator, ANACOM, has not yet decided on the form and procedure for supplying the information in question. The present legal situation is the responsibility of the Portuguese Republic.

---

(1)  OJ L 108, p. 51.

1

---
Before the First Division,

May 12, 1949

No. 53143.

#### Amalgamated Leather Co., Inc. *v.*United States,

protest 113858-K (New York).

*313Opinion by

Cole, J.

It was stipulated that the merchandise, issues, and facts involved are the same in all material respects as those presented in *Perry, Ryer & Company*v. *United States*(35 C. C. P. A. 28, C. A. D. 367). The undisputed facts established that certain percentages of the merchandise consisted of skins of hybrid goats of common and Angora origin, dutiable at 32 cents per pound on a clean content of 25 percent, as assessed, the dutiable weights being the percentages as set forth in the stipulation. The remaining merchandise, consisting of skins of the common goat of the Argentine, was held free of duty under paragraph 1765 as raw skins, not specially provided for, as claimed. The protest, having been abandoned as to the merchandise described on the invoices as “Angora” and contained in bales 52, 53, 54, 87, 88, and 89, was dismissed as to that merchandise.
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# Oceanography from space: Sea Surface Topography

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## Description

                    -           Title        
                    -  Oceanography from space: Sea Surface Topography 
                    -           Publisher        
                    -  National Aeronautics and Space Administration 
                    -           Subject: Time        
                    -  1980-1990 
                    -           Physical Description        
                    -  161 × 91 cm 
                    -           Number of Pages        
                    -  1 
                    -           Host institution        
                    -  University of Iowa. Libraries. Government Publications 
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                    -  Please contact the Government Publications Department at The University of Iowa Libraries: lib-govpub@uiowa.edu 
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                    -  018119799.jpg 
                    -           OCLC Collection Number        
                    -  429489521 

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#### United States *v.*General Electric Co.

No. 7370.

Invoice dated Toronto, Canada, December 4, 1945.

Certified December 4, 1945.

Entered at Albany, N. Y., December 14, 1945.

Entry No. A-77.

(Decided September 4, 1947)

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

Defendant not represented by counsel.

Oliver, Presiding Judge:

This appeal for reappraisement has been submitted for decision upon the following stipulation:

> It is hereby stipulated and agreed, subject to the approval of the court, that the market value or price at the time of exportation of the ball bearings involved in this case, at which such or similar merchandise was freely offered for sale to all purchasers in the principal markets of the country from which exported, in the usual wholesale quantities and in the ordinary course of trade, including the cost of all containers and coverings of whatever nature, and all other costs, charges, and expenses incident to placing the merchandise in condition packed ready for shipment to the United States is as follows:

> *Mfr.’s No.*

> 6203-Z_ Can. $2,20 each, less 32%, plus 8% tax

> 6210_ Can. $7.00 each, less 37 %, plus 8 *%*tax

> 6306_ Can. $5.20 each, less 37%, plus 8% tax

> 6307_ Can. $6.00 each, less 37%, plus 8% tax

> 6308_ Can. $6.80 each, less 37%, plus 8% tax

> 6309_ Can. $8.50 each, less 37%, plus 8% tax

> 6315_ Can. $28.00 each, less 37%, plus 8% tax

> FL-20_ Can. $2.90 each, less 29%, plus 8% tax

> 6205_ Can. $3.00 each, less 37%, plus 8% tax

> This collector’s appeal is abandoned as to all other invoiced items not included in the foregoing.

> It is further stipulated and agreed that there was no higher export value for the merchandise herein at the time of exportation thereof, and that this case may be submitted on the foregoing stipulation.

*242On the agreed facts I find the foreign value, as that value is defined in section 402 (c) of the Tariff Act of 1930, to be the proper basis for the determination of the value of the merchandise here involved, and that such values are as follows:

> *Mfr.'s No.*

> 6203-Z- Can. $2.20 each, less 32%, plus 8% tax

> 6210- Can. $7.00 each, less 37%, plus 8% tax

> 6306_ Can. $6.20 each, less 37%, plus 8% tax

> 6307- Can. $6.00 each, less 37%, plus 8% tax

> 6308_Can. $6.80 each, less 37%, plus 8% tax

> 6309- Can. $8.50 each, less 37%, plus 8% tax

> 6315- Can. $28.00 each, less 37%, plus 8% tax

> FL-20_ Can. $2.90 each, less 29%, plus 8% tax

> 6205- Can. $3.00 each, less 37%, plus 8% tax

The appeal having been abandoned insofar as it relates to all other merchandise, to that extent the appeal is hereby dismissed.

Judgment will be rendered accordingly.
No. 38999.

#### Protests 502739-G, etc., of Great Pacific Co. (San Francisco).

Opinion by

Keefe, J.

It was stipulated that the merchandise consists of palm fiber or palmyra stalks the same as those passed upon in *American Push Broom & Brush Co.*v. *United States*(25 C. C. P. A. 248, T. D. 49391). The claim for free entry under paragraph 1684 was therefore sustained.
* Pursuant to 5 TH 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 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED October 21, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-51226 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JOSE PARRA-CORTEZ, also known as Jose Martinez Hernandez, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. EP-03-CR-799-DB-ALL

-------------------- Before JOLLY, JONES, and WIENER, Circuit Judges.
PER CURIAM: * Jose Parra-Cortez (Parra) appeals his guilty-plea conviction and sentence for importing 100 kilograms or more of marihuana and assaulting a federal officer. Parra argues that his guilty plea was not knowingly and voluntarily entered, that the district court failed to comply with F ED . R. C RIM . P. 11, and that, with respect to his sentence, the district court erred by not allowing him a downward adjustment pursuant to the safety valve provision, U.S.S.G. § 5C1.2. Acknowledging the waiver-of-appeal provisionNo. 03-51226 -2- in his plea agreement, Parra also couches his arguments on appeal in terms of ineffective assistance of counsel and prosecutorial misconduct. Parra’s contention that the district court failed at rearraignment to advise him of the mandatory minimum sentence or to discuss the fact that the safety valve adjustment was not included in the plea agreement is belied by the record. Indeed, Parra presents no evidence of any Rule 11 violation. The record also establishes that Parra knowingly and voluntarily waived the right to appeal his sentence on any ground except for prosecutorial misconduct or ineffective assistance of counsel.
See United States v. Melancon , 972 F.2d 566, 568 (5th Cir. 1992). His contention that the prosecutor committed prosecutorial misconduct by stating that Parra qualified for the safety valve adjustment but not arguing on his behalf at sentencing for application of the adjustment is without merit. Furthermore, there is no evidence in the record that the Government or the judge made any promise relating to the safety valve adjustment. In sum, the only thing that remains of any claims made by Parra in this proceeding is his ineffective assistance claim relating to the safety valve adjustment. The record is not adequately developed for us to address this issue on direct appeal. See United States v. Sanchez-Pena , 336 F.3d 431, 445-46 (5th Cir. 2003).
AFFIRMED.
| Subsidiary                         |   | State of Incorporationor Organization |   | Approximate Percentage Equity  Interests Owned by OrangeHook, Inc. |
|------------------------------------|--------|---------------------------------------|--------|--------------------------------------------------------------------|
|                               |   |                                  |   |                                                               |
| OrangeHook, Inc. ("OrangeHook MN") |   | Minnesota                             |   | 100% owned by OrangeHook, Inc.                                     |
|                               |   |                                  |   |                                                               |
| Salamander Technologies, LLC       |   | Minnesota                             |   | 100% owned by OrangeHook MN                                        |
|                               |   |                                  |   |                                                               |
| Agilivant, LLC                     |   | Washington                            |   | 82% owned by OrangeHook MN                                         |
|                               |   |                                  |   |                                                               |
| LifeMed ID, Inc.                   |   | California                            |   | 100% owned by OrangeHook MN                                        |
|                               |   |                                  |   |                                                               |
| Nuvel, Inc.                        |   | Delaware                              |   | 100% owned by OrangeHook, Inc.                                     |