alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES, Appellee v RONALD W. COCHRAN, Private First Class, U. S. Marine Corps, Appellant

18 USCMA 588, 40 CMR 300

No. 22,236

September 19, 1969

*589
      *Commander E. M. Fulton, Jr.,*JAGC, USN, was on the pleadings for Appellant, Accused.

*Captain Lester G. Fant, III,*USMCR, was on the pleadings for Appellee, United States.

Opinion

Darden,Judge:

Pursuant to his plea of guilty, the accused was convicted of several offenses including a charge and specification alleging a violation of Article 121, Uniform Code of Military Justice, 10 USC § 921, in that he “did at Newport, North Carolina on or about 20 July 1968, steal a blank money order, serial number 1982475, drawn on the First National Bank of Eastern North Carolina of a value of about $60.30, the property of Mr. Denard Samuel GARNER.” Questions before us concern the providence of Cochran’s pleas of guilty and whether the court-martial had jurisdiction over the lareency set out above.

The president’s inquiry regarding the pleas is similar to that found in United States v Care, 18 USCMA 535, 40 CMR 247. The procedure followed, however, would not meet the standard that must apply to cases tried thirty days after the decision in *Care.*Regardless, the accused’s explanation in mitigation giving the reasons he committed these offenses assures us that his pleas are, in fact, provident.

The court-martial’s jurisdiction over the larceny charged is a different matter. Because of the plea, the record is barren of factual proof. Comparing the accused’s statement in mitigation and the convening authority’s synopsis of the circumstances of the offense of larceny, it appears certain that the specification to the charge above properly depicts the larceny committed. It is one that gives no appearance of being “service connected” within the meaning given that term in O’ Callahan v Parker, 395 US 258, 23 L Ed 2d 291, 89 S,Ct 1683 (1969). See also United States v Borys, 18 USCMA 547, 40 CMR 259.

Therefore, the finding of guilty as to Charge II and its specification is dismissed. The decision of the board of review is reversed and the record of trial is returned to the Judge Advocate General of the Navy. The Court of Military Review may reassess the sentence on the remaining charges and specifications.

Ferguson, Judge

(concurring in the result) :

I concur in the result.

I concur in that portion of the opinion which provides for setting aside the accused’s conviction of the charge and specification alleging larceny of a money order, on the ground that the offense was not “service connected” and was triable in the local civilian courts. O’Callahan v Parker, 395 US 258, 23 L Ed 2d 291, 89 S Ct 1683 (1969); United States v Borys, 18 USCMA 547, 40 CMR 259. However, I concur only in the result with reference to the president’s inquiry into the accused’s pleas of guilty for the reasons set forth in my dissent in United States v Care, 18 USCMA 53.5, 40 CMR 247.

Quinn, Chief Judge

(dissenting):

I would affirm the decision of the board of review. See my dissent in United States v Borys, 18 USCMA 547, 40 CMR 259.
| (logo) WELLS FARGO | **Commercial Mortgage  Servicing**D1050-084, 8th Fl  401 South Tryon Street.  Charlotte, NC 28202  1-800-326-1334 |
|--------------------|-------------------------------------------------------------------------------------------------------------------|

 

 

**ANNUAL STATEMENT OFCOMPLIANCE**

 

Reference is hereby made tothat certain Trust and Servicing Agreement dated as of February 1, 2016, by andamong Morgan Stanley Capital I Inc., as Depositor, Wells Fargo Bank, NationalAssociation, as Servicer and Special Servicer, Wilmington Trust, NationalAssociation, as Trustee, and Wells Fargo Bank, National Association, asCertificate Administrator, with respect to Commercial Mortgage Pass-ThroughCertificates Series 2016-PSQ (the "Agreement"). Capitalized termsused herein not otherwise defined shall have the meanings assigned in theAgreement.

 

Pursuant to Section 10.8 ofthe Agreement, I, Daniel Bober, Executive Vice President of Commercial MortgageServices do hereby certify that:

 

1.            A review of the activities of the Servicer during the period from February 1,2016 through December 31, 2016 (the “Reporting Period”), and of itsperformance per the Agreement during such period has been made under mysupervision, and 

 

2.            To the best of my knowledge, based on such review, the Servicer, has fulfilledall of its obligations under the Agreement in all material respects throughoutthe Reporting Period.

 

  

IN WITNESS WHEREOF, theundersigned has executed this Certificate as of the 28th day of February 2017.

 

 

/s/ Daniel Bober

Daniel Bober

Executive Vice President

Wells Fargo Bank

 

 

| Wells Fargo Bank, N.A. | (logo) Together we’ll  go far |
|------------------------|-------------------------------------|
#### Doane, *Appellant, versus*Lake, *Administrator cum testamento annexo.*

Although a testator omit to make, in Ms will, any provision for one of Ms children, and it does not appear that the omission was intentional, the will may nevertheless be approved without any condition or restriction.

The remedy for such child is, not by resisting the probate of the will, but by subsequent proceedings in the Probate Court or otherwise.

This is an appeal from a decree of the Judge of Probate, allowing the will of Bangs Doane. The testator had several children, living at the time of his decease, of whom the appellant is one. No devise or legacy was made to the appellant. There was no evidence to show whether the omission was intentional or occasioned by mistake, or to show that the appellant had had an equal proportion of the testator’s property bestowed upon him, during the lifetime of the testator. The will was approved without qualification or condition.

*A. W. Paine,*for the appellant.

The appellant never had his portion of the estate. No provision was made for him in the will, and it does not appear that the omission was intentional. The will, therefore, should not have been approved at all. But if approved, it should *269have been done only upon condition that the appellant should have the same share, as if his father had died without making a will. R. S. ch. 92, sec. 18.

*T. C. Woodman,*for defendant.

The remedy of the appellant, if he have any, is not by resisting the probate of the will, but by seeking in the Probate Court his share in the distribution of the personal property, and by petitioning for a partition as to the realty. R. S. ch. 92, sec. 17, 18, 19, 20, 24, 25; ch. 108, sec. 21; ch. 105, sec. 24; *Terrey*v. *Foster,*1 Mass. 146*; Church*v. *Crocker,*3 Mass. 17; *Wilder*v. *Goss,*14 Mass. 357; *Tucker*v. *Boston,*18 Pick. 162; *Wild*v. *Brewer,*2 Mass. *570; Merrill*v. *Sanborn,*2 N. H. 499.

The probate of the will is conclusive only as to its due execution. R. S. ch. 92, sec. 25. And there is no distinction between lands and chattels, as to the effect of the probate. *Dublin*v. *Chadburn,*16 Mass. 433.

Tenney, J.,

orally.—The will maybe good and effectual as to all its provisions, limited only by such rights as the appellant may have in the estate. But there can be no mode of giving it such an effect, except by the allowance and approval of it. After its allowance and approval, its import may be modified, at law, so far as may be requisite for securing to the appellant whatever rights he may be able to prove.

*Decree affirmed. No costs.*
<TABLE>
                                                                                 Exhibit 12

                                  TUCSON ELECTRIC POWER COMPANY
                        COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                                            (IN THOUSANDS)


                                                                12 Months Ended
                                                                ----------------
                                             Mar 31,   Dec. 31,   Dec. 31,   Dec. 31,  Dec. 31,  Dec. 31,
                                              1999       1998       1997       1996      1995      1994
                                             -------   --------   --------   --------  -------   --------
<S>                                          <C>      <C>         <C>       <C>        <C>      <C>                    
FIXED CHARGES:
  Interest on Long-Term Debt (1)             $71,886    $72,672     $66,247   $59,836   $69,174   $69,353
  Other Interest (2)                         $12,846    $13,207      $9,640   $11,721    $9,113    $7,591
  Interest on Capital Lease Obligations (3)  $85,009    $81,823     $83,019   $84,383   $83,986   $82,511
                                             -------    -------     -------   -------   -------   -------
TOTAL FIXED CHARGES                         $169,741   $167,702    $158,906  $155,940  $162,273  $159,455



NET INCOME                                   $41,964    $41,676     $83,572  $120,852   $54,905   $20,740

ADD (DEDUCT):
  Income Taxes - Operating Expense           $17,750    $18,372     $19,297    $9,795    $8,920     ($91)
  Income Taxes - Other                        $1,183      ($794)   ($41,401) ($91,950) ($29,356)  ($4,820)
  Total Fixed Charges                       $169,741   $167,702    $158,906  $155,940  $162,273  $159,455
                                             -------    --------    --------  --------  --------  ---------
TOTAL EARNINGS BEFORE TAXES
AND FIXED CHARGES                           $230,638   $226,956    $220,374  $194,637  $196,742  $175,284



RATIO OF EARNINGS TO FIXED CHARGES             1.359      1.353       1.387     1.248     1.212     1.099


(1)  Amounts have been restated for years ended 1996 and 1997 to conform to current year's
presentation.

(2)  Excludes recognition of Allowance for Borrowed Funds Used During Construction.

(3)  Capital Lease Interest Paid from Statement of Cash Flows.


</TABLE>


<PAGE>

































<PAGE>
### o K LA HOM A DEPARTMENT OF ENVIRONMENTAL QUALITY BRAD HENRY STEVEN A. THOMPSON 

## OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALIlY Governor. Executive Director January 2, 2007 Sunoco Inc. Attn: Mr. Andrew Haar P.O. Box 2039 Tulsa, OK 74102

. - .. ' Subject: Best Avaihible

### Retr~fitTechnology (BART) Applicability Tulsa Refmery. C . \",' • • • .. "<, ","

.. /, Dear Mr. Haar:

. . The Air QualIty DivisibittAQD) .of theOkiahdrrta Dep:artinent

### bfEn~~nmental Quality (ODEQ) received your request for a BART . waiver 

## bri November 29,2006. Based .6nareview of.the request, the listed information is**~eeded t()complet~**  thetechriica1.teview: .., .. '. . ..**,~.'.** '. .-.; '. ..'**~** .-. ',..**'.~** '.
. 1. S02 errtission. calculations'JoT

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### : ...:.:"., ". >**~'-** 

### . 

### #6 CTEng. EG 6217 "'f Emergency EG 6218. Emergency EG 6312 Emergency EG 6289 Emergency EG 6290 Emergency 256 #3 CTPump Please provide the additional information within 30 days. Thank you for your cooperation in this matter. Ifwe may be offurther service, please contact Phillip Fielder at (405) 702-4100.
Eddie Terrill, Division Director AIR QUALITY DIVISION 707 NORTH ROBINSON, P,O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101·1677 printed on recycled paper with soy ink n**r...~**
N OTE : This disposition is nonprecedential.



# United States **Court of Appeals** 
**for the Federal Circuit**

______________________

TQ DELTA, LLC, Appellant

v.

DISH NETWORK LLC, Appellee

______________________

2018

- 1798

______________________

Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2016

- 01469.

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

TQ DELTA, LLC, Appellant

v.

CISCO SYSTEMS, INC., Appellee

______________________

2018

- 1800

______________________Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2016

- 01760.

______________________

JUDGMENT

______________________

D AVID Z. P ETTY

, McAndrews, Held & Malloy, Ltd., Chicago, IL, argued for appellant. Also represented by P ETER
J. M C A NDREWS

, R AJENDRA A. C HIPLUNKAR

.

H EIDI L YN K EEFE

, Cooley LLP, Palo Alto, CA, argued for appellee DISH Network LLC. Also represented by

J ENNIFER V OLK , Reston, VA; S TEPHEN R. S MITH , Washington, DC.

T HEODORE M. F OSTER

, Haynes & Boone, LLP, Dallas, TX, argued for appellee Cisco Systems, Inc. Also represented by D AVID L. M C C OMBS

, D EBRA J ANECE M C C OMAS

.

______________________

T HIS C AUSE ha ving been heard and considered, it is

O RDERED and A DJUDGED :

P ER C URIAM (O’M ALLEY

, L INN

, and H UGHES

, Circuit Judges ).

AFFIRMED . See Fed . Cir. R. 36.

E NTERED BY O RDER OF THE C OURT

July 15, 2019 /s/ Peter R. Marksteiner

Date Peter R. Marksteiner

Clerk of Court
**Exhibit 32.1**

 

CERTIFICATION OF CEO PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with theQuarterly Report on Form 10-Q of Trinity Capital Corporation, a New Mexicocorporation (the “Company”), for the period ended September 30, 2004 as filedwith the Securities and Exchange Commission on the date hereof (the “Report”),William C. Enloe, as President and Chief Executive Officer of the Company,hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that to the best of myknowledge:

 
| (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. |

 

A signed original of this written statement required by Section 906 has been provided to Trinity Capital Corporation and will be retained by Trinity Capital Corporation and furnished to the Securities and Exchange Commission or its staff upon request.

 
| /s/ WILLIAM  C. ENLOE                  |   |
|----------------------------------------|--------|
| William C.  Enloe                      |
| President  and Chief Executive Officer |
| November 5,  2004                      |

 

----
Exhibit 32.2  Certification of Chief Financial 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 BankUnited, Inc. (the Company) on Form 10-K for the fiscal year ended December 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Douglas J. Pauls, as Chief Financial Officer of the Company, 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), as applicable, of the Securities Exchange Act of 1934; and  2)the information contained in this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.  /s/ Douglas J.   PaulsDouglas J. PaulsChief Financial OfficerDate:   March 31, 2011  1
| (logo) WELLS

           FARGO | **Commercial  Mortgage Servicing**D1050-084,  8th Floor  401 South Tryon St.  Charlotte, NC 28202  1-800-326-1334

 

  |
|----------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------|

 

**ANNUAL STATEMENT OFCOMPLIANCE**

** **

** **

Reference is herebymade to that certain Pooling and Servicing Agreement dated as of February 1,2016, by and among BANC OF AMERICA MERRILL LYNCH COMMERCIAL MORTGAGE INC., asDepositor, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Master Servicer, C-IIIASSET MANAGEMENT LLC, as Special Servicer, WELLS FARGO BANK, NATIONALASSOCIATION as Certificate Administrator, U.S. BANK NATIONAL ASSOCIATION, asTrustee, PARK BRIDGE LENDER SERVICES LLC, as Operating Advisor and PARK BRIDGELENDER SERVICES LLC, as Asset Representations Reviewer with respect toCommercial Mortgage Pass-Through Certificates Series 2016-C28 (the"Agreement"). Capitalized terms used herein not otherwise definedshall have the meanings assigned in the Agreement.

 

Pursuant to Section11.09 of the Agreement, I, Leslie Hayton, Managing Director of CommercialMortgage Services do hereby certify that:

 

1.           A review of the activities of the Master Servicer during the period fromJanuary 1, 2018 through December 31, 2018 (the “Reporting Period”), and of itsperformance per the Agreement during such period has been made under mysupervision, and

 

2.           To the best of my knowledge, based on such review, the Master Servicer hasfulfilled all of its obligations under the Agreement in all material respectsthroughout the Reporting Period.

 

 

IN WITNESS WHEREOF,the undersigned has executed this Certificate as of the 28th day ofFebruary 2019.

 

 

/s/ Leslie Hayton

Leslie Hayton 

Managing Director

Wells Fargo Bank

 

 

| Wells Fargo Bank,  N.A. | (logo) Together  we’ll go far |
|-------------------------|-------------------------------------|
<TABLE> <S> <C>

<ARTICLE> UT
<CIK> 0000941138
<NAME> UNISOURCE ENERGY CORPORATION
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                    1,915,494
<OTHER-PROPERTY-AND-INVEST>                     84,283
<TOTAL-CURRENT-ASSETS>                         341,457
<TOTAL-DEFERRED-CHARGES>                       314,681
<OTHER-ASSETS>                                       0
<TOTAL-ASSETS>                               2,655,915
<COMMON>                                       639,320
<CAPITAL-SURPLUS-PAID-IN>                            0
<RETAINED-EARNINGS>                          (394,330)
<TOTAL-COMMON-STOCKHOLDERS-EQ>                 244,990
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<LONG-TERM-DEBT-NET>                         1,214,423 
<SHORT-TERM-NOTES>                                   0
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                    1,725
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                    887,116
<LEASES-CURRENT>                                11,698
<OTHER-ITEMS-CAPITAL-AND-LIAB>                 295,963
<TOT-CAPITALIZATION-AND-LIAB>                2,655,915
<GROSS-OPERATING-REVENUE>                      593,773
<INCOME-TAX-EXPENSE>                            19,398  
<OTHER-OPERATING-EXPENSES>                     466,079
<TOTAL-OPERATING-EXPENSES>                     485,477
<OPERATING-INCOME-LOSS>                        108,296
<OTHER-INCOME-NET>                               8,219
<INCOME-BEFORE-INTEREST-EXPEN>                 116,515
<TOTAL-INTEREST-EXPENSE>                        88,819
<NET-INCOME>                                    27,696 
<PREFERRED-STOCK-DIVIDENDS>                          0
<EARNINGS-AVAILABLE-FOR-COMM>                   27,696 
<COMMON-STOCK-DIVIDENDS>                             0
<TOTAL-INTEREST-ON-BONDS>                            0
<CASH-FLOW-OPERATIONS>                         103,964
<EPS-PRIMARY>                                    (.86)
<EPS-DILUTED>                                    (.86)
        


</TABLE>
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsMicrogravity Studies of Organic and Polymeric MaterialsThis document contains extended abstracts and presentation transcripts from a workshop on microgravity studies of organic and polymeric materials held in Huntsville, Alabama, April 27, 1993.Document ID19940019865Acquisition SourceLegacy CDMSDocument TypeConference ProceedingsAuthorsFrazier, D. O.*(NASA Marshall Space Flight Center Huntsville, AL, United States)*Moore, C. E.*(NASA Marshall Space Flight Center Huntsville, AL, United States)*Cardelino, B. H.*(Spelman Coll. Atlanta, GA., United States)*Date AcquiredSeptember 6, 2013Publication DateDecember 1, 1993Subject CategoryChemistry And Materials (General)Report/Patent NumberM-736NAS 1.55:3250NASA-CP-3250Accession Number94N24338Distribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType19940019865.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsIDRelationTitle19940020515WorkThe geophysical signal of the martian global dichotomy19940019874WorkPolydiacetylene thin films for nonlinear optical applications19940019873WorkLow-gravity electrodeposition and growth of polymer thin films with large third-order optical nonlinearities by electrochemical processes for devices: Thiophene-based polymers19940019870WorkPrediction of nonlinear optical properties of organic materials. General theoretical considerations19940019871WorkTemperature dependence of protein solubility-determination, application to crystallization, and growth kinetics studiesvisibility_offNo Preview Available
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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 Thomas  Industries Inc.
         (the  "Company")  on Form 10-Q for the period  ending June 30, 2003, as
         filed with the  Securities  and Exchange  Commission on the date hereof
         (the  "Report"),  the  undersigned  Chief  Executive  Officer and Chief
         Financial Officer of the Company hereby certify,  pursuant to 18 U.S.C.
         1350, as adopted pursuant to 906 of the Sarbanes-Oxley Act of 2002 that
         based  on  their   knowledge   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
         represents,  in all material  respects,  the  financial  condition  and
         results of operations of the Company as of and for the periods  covered
         in the Report.




         /s/ Timothy C. Brown
         --------------------------------------------
         Timothy C. Brown, Chief Executive Officer


         /s/ Phillip J. Stuecker
         --------------------------------------------
         Phillip J. Stuecker, Chief Financial Officer



         August 12, 2003