alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
- 399 - Nebraska Supreme Court Advance Sheets 309 Nebraska Reports STATE v . MALONE Cite as 309 Neb. 399

State of Nebraska, appellee, v. Kevin W. Malone, appellant. ___ N.W.2d ___ Filed June 4, 2021. Nos. S-20-118, S-20-460.

supplemental opinion Appeals from the District Court for Douglas County: Shelly R. Stratman , Judge. Former opinion modified. Motion for rehearing overruled. Richard L. Boucher and Bradley H. Supernaw, of Boucher Law Firm, for appellant. Douglas J. Peterson, Attorney General, and Melissa R. Vincent for appellee.
Heavican , C.J., Miller

- Lerman , Cassel , Stacy , Funke , Papik , and Freudenberg , JJ.
Per Curiam

. This case is before us on a motion for rehearing filed by the appellant, Kevin W. Malone, concerning our opinion in State v. Malone , 308 Neb. 929, 957 N.W.2d 892 (2021). We find no substantive merit to Malone’s motion and overrule it, but modify the opinion as follows: In the analysis section, under the heading “2. Postconvic tion Relief ” and the subheading “(b) Claim of Prosecutorial Mis conduct,” id. at 962, 957 N.W.2d at 920, we withdraw the second paragraph and substitute the following: Nebraska Supreme Court Online Library www.nebraska.gov/apps-courts-epub/ 07/02/2021 01:08 AM CDT- 400 - Nebraska Supreme Court Advance Sheets 309 Nebraska Reports STATE v . MALONE Cite as 309 Neb. 399 The district court first rejected this argument as pro

cedurally barred. However, Malone had amended his motion to add an allegation that his appellate counsel had been ineffective for failing to raise the claims of pros

ecutorial misconduct on direct appeal. The district court alternatively rejected Malone’s claim, reasoning that even if not procedurally barred, the claim failed to “set forth the facts and applicable law to establish an objection based on any of these prosecutorial [misconduct] claims would . . . have been successful.” We agree. The remainder of the opinion shall remain unmodified. Former opinion modified. Motion for rehearing overruled.
|                                      |
|--------------------------------------|
|                                      |  |
| Deutsche Bank Trust Company Americas | BNY Mellon Trust of Delaware |
| As Indenture Trustee                 | As Owner Trustee |
| Attn:  Michelle H.Y. Voon  | Attn: Robert Castle / Kristine Gullo |
| 100 Plaza One 6th Floor         | 100 White Clay Center, Suite 102 |
| Jersey City, NY 07311                | Newark, DE  19711 |

|                                                 |
|-------------------------------------------------|
|                                                 |  |
| The Bank of New York Mellon Trust Company, N.A. | Ally Auto Assets LLC |
| Attn:  Robert Castle                  | Ally Financial Inc. |
| 2 North LaSalle Street, Suite 1020              | 500 Woodward Ave |
| Chicago, IL  60602                    | Mail code:  MI-01-20-TRES |
|                                            | Detroit, MI 48226 |

|        |
|--------|
|        |  |
| Re:    | Ally Auto Receivables Trust 2016-2 |
|   | Annual Statement as to Compliance |

|    |
|----|
|    |  |
| a. | A review of the activities of the Servicer during the period of March 2, 2016 through  December 31, 2016, and of its performance under the Servicing Agreement has been made under his supervision, and |

|    |
|----|
|    |  |
| b. | To the best of his knowledge, based on such review, the Servicer has fulfilled all of its obligations under the Servicing Agreement throughout such period. |

|        |
|--------|
|        |  |  |
|   | Very truly yours, |
|   |   |
|   | /s/ David J. DeBrunner |   |
|   | David J. DeBrunner |
|   | Vice President, Controller and Chief Accounting Officer |
|   |   |
PUBLIC LAW 110–187—FEB. 15, 2008 122 STAT. 633 

Public Law 110–187 

110th Congress 

An Act 

To amend the Do-not-call Implementation Act to eliminate the automatic removal 

of telephone numbers registered on the Federal ‘‘do-not-call’’ registry. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Do-Not-Call Improvement Act 

of 2007’’. 

SEC. 2. PROHIBITION OF EXPIRATION DATE FOR REGISTERED NUMBERS. 

The Do-Not-Call Implementation Act (15 U.S.C. 6101 note) 

is amended by adding at the end the following: 

‘‘SEC. 5. PROHIBITION OF EXPIRATION DATE. 

‘‘(a) NO AUTOMATIC REMOVAL OF NUMBERS.—Telephone numbers registered on the national ‘do-not-call’ registry of the Telemarketing Sales Rule (16 CFR 310.4(b)(1)(iii)) since the establishment of the registry and telephone numbers registered on such 

registry after the date of enactment of this Act, shall not be removed 

from such registry except as provided for in subsection (b) or upon 

the request of the individual to whom the telephone number is 

assigned. 

‘‘(b) REMOVAL OF INVALID, DISCONNECTED, AND REASSIGNED

TELEPHONE NUMBERS.—The Federal Trade Commission shall 

periodically check telephone numbers registered on the national 

‘do-not-call’ registry against national or other appropriate databases 

and shall remove from such registry those telephone numbers that 

have been disconnected and reassigned. Nothing in this section 

prohibits the Federal Trade Commission from removing invalid 

telephone numbers from the registry at any time.’’. 

SEC. 3. REPORT ON ACCURACY. 

Not later than 9 months after the enactment of this Act, the 

Federal Trade Commission shall report to Congress on efforts taken 

Do-Not-Call 

Improvement 

Act of 2007. 

15 USC 6151 

note. 

Feb. 15, 2008 

[H.R. 3541] 


dkrause on GSDDPC29 with PUBLIC LAWS
122 STAT. 634 PUBLIC LAW 110–187—FEB. 15, 2008 

LEGISLATIVE HISTORY—H.R. 3541 (S. 2096): 

HOUSE REPORTS: No. 110–486 (Comm. on Energy and Commerce). 

SENATE REPORTS: No. 110–246 accompanying S. 2096 (Comm. on Commerce, 

Science, and Transportation). 

CONGRESSIONAL RECORD: 

Vol. 153 (2007): Dec. 11, considered and passed House. 

Vol. 154 (2008): Feb. 6, considered and passed Senate. 

Æ 

by the Commission, after the date of enactment of this Act, to 

improve the accuracy of the ‘‘do-not-call’’ registry. 

Approved February 15, 2008. 


dkrause on GSDDPC29 with PUBLIC LAWS
* 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 July 13, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-41678 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus GERARDO DE LA ROSA-MENDOZA, also known as Mario Estrada-Martinez, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 1:05-CR-410-ALL

-------------------- Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.
PER CURIAM: * Appealing the Judgment in a Criminal Case, Gerardo De La Rosa-Mendoza raises arguments that are foreclosed by AlmendarezTorres v. United States , 523 U.S. 224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is
AFFIRMED.
Exhibit 32

Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

            Pursuant  to  section  906  of  the   Sarbanes-Oxley   Act  of  2002
      (subsection  (a) and (b) of section  1350,  chapter 63 of title 18, United
      States  Code),   each  of  the  undersigned   officers  of  Canal  Capital
      Corporation and Subsidiaries, a Delaware corporation (the "Company"), does
      hereby certify that:

      The Quarterly  Report of Form 10-Q for the six months ended April 30, 2008
      (the "Form 10-Q") of the Company fully complies with the  requirements  of
      section  13(a)  or  15(d)  of the  Securities  Exchange  Act of  1934  and
      information  contained in the Form 10-Q fairly  presents,  in all material
      respects,  the  financial  condition  and  results  of  operations  of the
      Company.


Date: June 10, 2008              /S/ Michael E. Schultz
                                 ----------------------
                                 Chief Executive Officer


Date: June 10, 2008              /S/ Reginald Schauder
                                 ---------------------
                                 Chief Financial Officer


                                       49
Exhibit 32.1

Certification of the Chief Executive Officer

Pursuant to 18 U.S.C. 1350

(Section 906 of the Sarbanes-Oxley Act of 2002)

 

I, Glenn F. Tilton, the Chairman, President and Chief Executive Officer of United Air Lines, Inc. (the "Company") certify that to the best of my knowledge, based upon a review of the quarterly report on Form 10-Q for the period ended September 30, 2003 of the Company (the "Report"):

 

(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.

 

 

 

/s/ Glenn F. Tilton

Glenn F. Tilton

United Air Lines, Inc.

Chairman, President and Chief Executive Officer

October 30, 2003
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
This  schedule  contains  summary  financial   information  extracted  from  the
Company's Form 10-Q for the quarter ended April 30, 1998 and is qualified in its
entirety by reference to such financial statements.
</LEGEND>
       
<S>                                          <C>
<PERIOD-TYPE>                                3-MOS
<FISCAL-YEAR-END>                                               JAN-31-1998
<PERIOD-END>                                                    APR-30-1998
<CASH>                                                          1,634,406
<SECURITIES>                                                            0
<RECEIVABLES>                                                   4,808,369
<ALLOWANCES>                                                      125,971
<INVENTORY>                                                     4,370,794
<CURRENT-ASSETS>                                               11,683,533
<PP&E>                                                         16,353,021
<DEPRECIATION>                                                  9,271,123
<TOTAL-ASSETS>                                                 22,644,359
<CURRENT-LIABILITIES>                                           4,487,492
<BONDS>                                                                 0
<PREFERRED-MANDATORY>                                                   0
<PREFERRED>                                                             0
<COMMON>                                                          413,116
<OTHER-SE>                                                     13,256,951
<TOTAL-LIABILITY-AND-EQUITY>                                   22,644,359
<SALES>                                                         9,754,877
<TOTAL-REVENUES>                                                9,754,877
<CGS>                                                           6,098,392
<TOTAL-COSTS>                                                   6,098,392
<OTHER-EXPENSES>                                                        0
<LOSS-PROVISION>                                                        0
<INTEREST-EXPENSE>                                                124,243
<INCOME-PRETAX>                                                   806,711
<INCOME-TAX>                                                      315,000
<INCOME-CONTINUING>                                               491,711
<DISCONTINUED>                                                          0
<EXTRAORDINARY>                                                         0
<CHANGES>                                                               0
<NET-INCOME>                                                      491,711
<EPS-PRIMARY>                                                         .12
<EPS-DILUTED>                                                         .12
        

</TABLE>
EXHIBIT 99.1
                                                                    ------------


                         CERTIFICATION UNDER SECTION 906
                                     OF THE
                           SARBANES-OXLEY ACT OF 2002


In connection with the quarterly report on Form 10-Q of Unico American
Corporation (the "Company") for the period ended September 30, 2002, as filed
with the Securities and Exchange Commission as of the date hereof (the
"Report"), I, Erwin Cheldin, Chief Executive Officer of the Company, hereby
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

(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.



                    /s/  Erwin Cheldin
                    ------------------
           Name:    Erwin Cheldin
           Title:   Chairman of the Board, President and Chief Executive Officer
           Date:    November 12, 2002




This certification accompanies this Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.
<PAGE>   1
                                                                   Exhibit 10.12



                                David L. Epstein
                                3478 Derby Lane
                         Ft. Lauderdale, Florida 33331



                                January 12, 2000




Mark J. Gordon
19951 N.E. 39th Place
Aventura, Florida 33180

Dear Mark:

     This will confirm that we hereby agree that the certain Stockholders
Agreement dated May 10, 1996, between Mark J. Gordon and David L. Epstein (the
"Agreement") is terminated as of the date hereof and, accordingly, neither of
us has any further obligations or liabilities thereunder.

     By your execution of a copy of this letter, you hereby confirm that you
hereby agree to the termination of the Agreement as set forth in the foregoing
paragraph.


                                             Sincerely,


                                             /s/ David L. Epstein
                                             -----------------------------
                                             David L. Epstein

AGREED TO AND ACCEPTED BY:

/s/ Mark J. Gordon
----------------------------
Mark J. Gordon
# C_2016419EN.01003702.xml

| 14.11.2016 | EN | Official Journal of the European Union | C 419/37 |
| --- | --- | --- | --- |

14.11.2016

EN

Official Journal of the European Union

C 419/37

---

Judgment of the General Court of 30 September 2016 — Trajektna luka Split v Commission

(Case T-70/15) (1)

1

((Competition - Abuse of dominant position - Decision finding an infringement of Article 102 TFEU - Setting of fees by the Split Port Authority for port services in respect of domestic traffic at maximum levels - Rejection of a complaint - Case being dealt with by a competition authority of a Member State - No EU interest))

(2016/C 419/47)

Language of the case: English

Parties

Parties

Applicant: Trajektna luka Split d.d. (Split, Croatia) (represented by: M. Bauer, H.-J. Freund and S. Hankiewicz, lawyers)

Applicant:

Defendant: European Commission (represented by: C. Giolito, C. Urraca Caviedes and I. Zaloguin, acting as Agents)

Defendant:

Re:

Re:

Application pursuant to Article 263 TFEU for the annulment of Commission Decision C(2014) 9236 final of 28 November 2014, rejecting the complaint lodged by the applicant concerning infringements of Article 102 TFEU allegedly committed by the Split Port Authority or of Articles 102 and 106 TFEU committed by the Republic of Croatia or the Split Port Authority (Case AT.40199 — Port of Split).

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Trajektna luka Split d.d. to pay the costs. |
| --- | --- |

2.

Orders Trajektna luka Split d.d. to pay the costs.

---

(1)  OJ C 118, 13.4.2015.

1

---
No. 46318.

#### Protests 52206-K, etc., of Dritz-Traum Co., Inc., et al. (New York).

Opinion by

Cline, *J.*

Following the authorities cited in Abstract 15400 the court dismissed the protests.
110TH CONGRESS 

2D SESSION H. CON. RES. 331 

CONCURRENT RESOLUTION 

Whereas women of all backgrounds have the power to greatly 

reduce their risk of common diseases through preventative measures, such as engaging in regular physical activity, eating a nutritious diet, and visiting a healthcare provider to receive regular check-ups and preventative 

screenings; 
2 

•HCON 331 EH 

Whereas significant disparities exist in the prevalence of disease among women of different backgrounds, including 

women with disabilities, African-American women, Asian/ 

Pacific Islander women, Latinas, and American Indian/ 

Alaskan Native women; 

Whereas healthy habits should begin at a young age; 

Whereas preventative care saves Federal dollars designated 

for health care; 

Whereas it is imperative to educate women and girls about 

key female health issues; 

Whereas it is recognized that offices of women’s health within 

the Department of Health and Human Services, the 

Food and Drug Administration, the Centers for Disease 

Control and Prevention, the Health Resources and Services Administration, the National Institutes of Health, 

and the Agency for Healthcare Research and Quality are 

vital in providing critical services that support women’s 

health research, education, and other necessary services 

that benefit women of all ages, races, and ethnicities; 

Whereas the annual National Women’s Health Week begins 

on Mother’s Day and celebrates the efforts of national 

and community organizations working with partners and 

volunteers to improve awareness of key women’s health 

issues; and 

Whereas in 2008, the week of May 11 through May 17 is 

designated National Women’s Health Week: Now, therefore, be it 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That Congress— 
3 

•HCON 331 EH 

1 (1) recognizes the importance of preventing dis2 eases that commonly affect women; 

3 (2) supports the goals and ideals of National 

4 Women’s Health Week; 

5 (3) calls on the people of the United States to 

6 use National Women’s Health Week as an oppor7 tunity to learn about the health issues women face; 

8 (4) calls on the women of the United States to 

9 observe National Women’s Check-Up Day by receiv10 ing preventative screenings from their health care 

11 providers; and 

12 (5) recognizes the importance of federally fund13 ed programs that provide research and collect data 

14 on common diseases in women. 

Passed the House of Representatives May 14, 2008. 

Attest: 

Clerk. 
110TH CONGRESS 

2D SESSION H. CON. RES. 331 

CONCURRENT RESOLUTION 

Supporting the goals and ideals of National 

Women’s Health Week, and for other purposes.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT DARREN J. EDMONDS, ) ) Appellant, ) ) v. ) Case No. 2D17-1281 ) MONIKA S. EDMONDS, ) ) Appellee. ) ) Opinion filed May 18, 2018. Appeal from the Circuit Court for Sarasota County; Donna Padar Berlin, Judge. W. Matthew Kowtko of Kowtko Law Group, P.A., Sarasota, for Appellant. Angela D. Flaherty of Flaherty Law Firm, Sarasota, for Appellee.

PER CURIAM.

Affirmed. CASANUEVA, BLACK, and ROTHSTEIN-YOUAKIM, JJ., Concur.
No. 47610.

#### Protests 60279-K, etc., of G. Hirsch Sons, Inc. (New York).

Opinion by

Tilson, J.

It was stipulated between counsel that certain of the merchandise consists of woven fabrics similar in all material respects to. those *425involved in *Meyer*v. *United States*(6 Cust. Ct. 191, C. D. 459). The claim at 40 percent under paragraph 385 and T. D. 48316 was sustained in accordance therewith.
110TH CONGRESS 

2D SESSION H. CON. RES. 325 

CONCURRENT RESOLUTION 

Whereas the Mackinac Island State Park Commission was 

created, in 1895, to care for and manage Mackinac Island State Park; 

Whereas Michilimackinac State Park and Mill Creek State 

Park were later added to the family of parks and historic 

sites under the authority of the Commission; 
2 

•HCON 325 EH 

Whereas, in 1958, Michigan granted authority to the Commission to restore and interpret Fort Mackinac and other 

historical properties at the Straits of Mackinac; 

Whereas, in 1958, the Commission began restoration, installed exhibits, and opened Fort Mackinac to the public; 

Whereas, in 1959, the Commission began archaeological excavation of Colonial Michilimackinac and opened it to the 

public one year later; 

Whereas, in 1984, the Commission opened Historic Mill 

Creek Discovery Park; 

Whereas, in 2004, after 14 years of being closed, Old Mackinac Point Lighthouse was reopened with an ongoing restoration program; 

Whereas, for 50 years, the Commission has professionally 

and successfully developed, promoted, and improved the 

Mackinac State Historic Parks complex, which has been 

continuously recognized by the American Association of 

Museums; and 

Whereas the Mackinac State Historic Parks complex has 

hosted more than 10,000,000 visitors since 1958, making 

it one of the most successful historic site complexes in 

North America and an important contributor to the tourism economy of northern Michigan: Now, therefore, be it 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That Congress— 

3 (1) celebrates the 50th anniversary of the 

4 Mackinac Island State Park Commission’s Historical 

5 Preservation and Museum Program; and 
3 

•HCON 325 EH 

1 (2) respectfully requests the Clerk of the House 

2 of Representatives to transmit an enrolled copy of 

3 this resolution to the Mackinac Island State Park 

4 Commission as evidence of the Commission success5 fully fulfilling its mission to protect, preserve, and 

6 present the historical and natural wonders of Mack7 inac Island. 

Passed the House of Representatives May 21, 2008. 

Attest: 

Clerk. 
110TH CONGRESS 

2D SESSION H. CON. RES. 325 

CONCURRENT RESOLUTION 

Celebrating the 50th Anniversary of the Mackinac 

June 15, 1958, and for other purposes. ervation and Museum Program, which began on Island State Park Commission’s Historical Pres-