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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 11-1300

DOROTHY A. SCHROCK; SCHROCK, INCORPORATED, 

Plaintiffs – Appellants, 

and 

LARRY R. SCHROCK, 

Plaintiff, 

v. 

LANCER INSURANCE COMPANY, an Illinois Corporation, 

Defendant – Appellee, 

and 

NATIONWIDE INSURANCE COMPANY, a Wisconsin Corporation; 

HERTZ CORPORATION, a Delaware Corporation, 

Defendants. 

Appeal from the United States District Court for the Western 

District of Virginia, at Harrisonburg. Samuel G. Wilson, 

District Judge. (5:09-cv-00059-sgw-jgw) 

Submitted: January 30, 2012 Decided: February 16, 2012

Before MOTZ and SHEDD, Circuit Judges, and HAMILTON, Senior 

Circuit Judge. 

Affirmed by unpublished per curiam opinion. 
2

John J. Rasmussen, INSURANCE RECOVERY LAW GROUP, PLC, Richmond, 

Virginia, for Appellants. William N. Watkins, SANDS ANDERSON 

PC, Richmond, Virginia, for Appellee. 

Unpublished opinions are not binding precedent in this circuit. 
3

PER CURIAM: 

Dorothy A. Schrock (“Dorothy”) and Schrock, 

Incorporated, appeal from the district court’s declaratory 

judgment, entered after a bench trial, that a business 

automobile insurance policy issued by Lancer Insurance Company

(“Lancer”) does not afford underinsured motorist coverage to 

Dorothy and Larry Schrock for injuries they suffered in an 

automobile collision. Appellants assert error in the district 

court’s determination that Lancer was not required by Va. Code 

Ann. § 38.2-2206 (Supp. 2011) to afford such coverage to 

Dorothy. We affirm. 

On appeal from a bench trial, we review the district 

court’s findings of fact for clear error and its conclusions of 

law de novo. Roanoke Cement Co. v. Falk Corp., 413 F.3d 431, 

433 (4th Cir. 2005). After review of the record, we hold that 

the district court properly concluded that Lancer was not 

required by § 38.2-2206 to afford uninsured or underinsured 

motorist coverage to Dorothy, an insured of the second class 

under Virginia law who was present in a vehicle not listed in 

Lancer’s insurance policy. Stone v. Liberty Mut. Ins. Co., 478 

S.E.2d 883, 886 (Va. 1996) (stating that § 38.2-2206 “only 

requires, as to insureds of the second class, that uninsured 

motorist coverage be provided to those who are in . . . the

motor vehicles listed in the policy, as opposed to ‘any’ vehicle 
4

to which the policy might apply”) (“Stone I”); see also Stone v. 

Liberty Mut. Ins. Co., 105 F.3d 188, 189-90, 192 (4th Cir. 1997) 

(applying Stone I and holding that employee was not entitled to 

uninsured or underinsured motorist coverage by operation of 

§ 38.2-2206 for injury occurring while employee was operating 

his personal vehicle in the scope of his employment because the 

vehicle — although covered under the employer’s liability policy 

when used in connection with the employer’s business — was not 

listed in the policy). 

Accordingly, we affirm the district court’s 

declaratory judgment. We dispense with oral argument because 

the facts and legal contentions are adequately presented in the 

materials before the court and argument would not aid the 

decisional process. 

AFFIRMED
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

SMITHCO CONSTRUCTION, INC.,

Appellant, §

§

§ No. 08

- 13

- 00191

- CV

Appeal from the

394th District Court

v. §

of Presidio County, Texas

TIERRA MINING MATERIALS, LLC, § (TC# 7350)

Appellee. §

J U D G M E N T

The Court has considered this cause on the Appellant’s motion to dismiss the appeal and

concludes the motion should be granted and the appeal should be dismissed. We therefore

dismiss the appeal. We further order Appellant pay all costs of this appeal, and this decision be

certified below for observance.

IT IS SO ORDERED THIS 23RD DAY OF OCTOBER, 2013.

GUADALUPE RIVERA, Justice

Before McClure, C.J., Rivera, and Rodriguez, JJ.
| (1)   | the              Quarterly Report on Form 10-QSB of PrimePlayer Incorporated for the              quarter ended March 31, 2005 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 Quarterly Report on Form 10-QSB for the              quarter ended March 31, 2005, fairly presents in all material respects,              the financial condition and results of operations of PrimePlayer              Incorporated. |
|-----------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   By: |   /s/   Alexander                Gilliland                                    |
|-----------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|  Name:     |  Alexander                Gilliland                                                                                                                                                                                                                                              |
|  Title:    |  Principal                Executive Officer,Principal                Financial Officer and Director                                                                                                                                                                              |
|  Date:     |  July                12, 2006                                                                                                                                                                                                                                                    |
March 8, 2012

JUDGMENT

The Fourteenth Court of Appeals

CHARLES ANTHONY ALLEN, Appellant

NO. 14-11-00103-CV V.

GEORGE STEPHENSON, AUSTIN ETHEREDGE, AND NATALIE ALFORD, 

Appellees

____________________

This cause, an appeal from the judgment in favor of appellees, GEORGE 

STEPHENSON, AUSTIN ETHEREDGE, AND NATALIE ALFORD, signed November 

24, 2010, was heard on the transcript of the record. We have inspected the record and 

find no error in the judgment. We order the judgment of the court below AFFIRMED.

We order this decision certified below for observance.
# C_2013141EN.01002604.xml

| 18.5.2013 | EN | Official Journal of the European Union | C 141/26 |
| --- | --- | --- | --- |

18.5.2013

EN

Official Journal of the European Union

C 141/26

---

Order of the General Court of 27 March 2013 — Advance Magazine Publishers v OHIM — Bauer Consumer Media (GOLF WORLD)

(Case T-194/12) (1)

1

2013/C 141/50

Language of the case: English

The President of the Sixth Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 209, 14.7.2012.

1

---
**-  Pacific West  
-  Davis, CA 
-  Western HNRC 
-  Obesity and Metabolism Research Unit 
Printable VersionE-mail this pageThis site onlyAll ARS Advanced Search  UBLIC "-//W3C//DTD HTML 4.01 Transitional//EN" "http://www.w3.org/TR/html4/loose.dtd">		You are here: 						Research / 																				**Research Project:**Effect of Dairy Foods on Fat and Weight Loss with Moderate Energy Restriction in Overweight and Obese Adults
**Location: Obesity and Metabolism Research Unit**
**2006 Annual Report**
**4d.Progress report.**													This report serves to document research conducted under a trust agreement between ARS and Dairy Management, Inc.  Additional details of this research project can be found in the report for the parent CRIS 5306-51520-006-00D, Dietary Patterns, Mineral and Vitamin Metabolism. 
Our research examined the relationship of calcium intake and inflammatory markers to bone density in early postmenopausal women. We found that inflammatory markers, i.e. C-reactive protein (c-reactive protein), Interleukin-1 (IL-1) Interleukin-6 (IL-6), Tumor Necrosis Factor-a (TNF-a) etc., were not related to bone density but, current dietary intake of calcium was associated with bone density in early postmenopausal women. These data were part of a multi-year clinical trial in early postmenopausal women conducted in Davis, CA and in collaboration with Dr. Lee Alekel at Iowa State University. Although high calcium intake during childhood is important for bone growth, these data suggest that bone density in early postmenopausal women is related to current intake of calcium and therefore, an adequate intake of calcium is important for bone health.  Furthermore, inflammatory markers may not be the mechanism for reduced bone mass in healthy early postmenopausal women.						
    Project TeamVan Loan, Marta Adams, Sean Woodhouse, Leslie Keim, Nancy  
Project Annual Reports FY 2009 FY 2008 FY 2007 FY 2006 
Related National Programs Human Nutrition(107)  							Last Modified: 05/02/2010 		ARS Home |USDA.gov |Site Map |Policies and Links FOIA |Accessibility Statement |Privacy Policy |Nondiscrimination Statement |Information Quality |USA.gov |White House

**
****


Armando
      C. Ibarra, C.P.A. Members of the California Society of Certified Public
      Accountants


Armando
      Ibarra, Jr., C.P.A., JD Members of the American Institute of Certified Public
      Accountants


Registered
      with the Public Company Accounting Oversight Board











June
      14,
      2006








To
      Whom
      It May Concern:





The
      firm
      of Armando C. Ibarra, Certified Public Accountants, APC consents to the
      inclusion of our report of August 16, 2005, on the audited consolidated
      financial statements of Seychelle Environmental Technologies, Inc., as of
      February 28, 2005 in the annual filing of form 10KSB for the fiscal year ended
      February 28, 2006 with the U.S. Securities and Exchange Commission.











Very
      truly yours,








____________________________


ARMANDO
      C. IBARRA, C.P.A.
(Reap. Dec. 9665)

#### J. W. Hampton, Jr. & Co., Inc. *v.*United States

Entry No. 510666, etc.

(Decided April 18, 1960)

*Michael Stramiello, Jr.',*for the plaintiff.

*George Oochran Doul),'*Assistant Attorney General, for the defendant.

Oliver, Chief Judge:

The appeals for reappraisement enumerated in schedule “A,” hereto attached and made a part hereof, are before me for decision on a written stipulation, reading as follows:

> IT IS STIPULATED AND AGREED, by and between the attorney for the plaintiff and the Assistant Attorney General for the defendant herein that:

> 1. The items marked “A” and initialed “MK” by Examiner M. Krebs on the invoices covered by the above-numbered appeals for reappraisement consist of cameras with lenses imported from Japan in 1959.

> *6562. At or about the times of exportation involved herein neither such nor similar merchandise was freely offered for sale to all purchasers for home consumption in Japan or for exportation to the United States.

> 3. At or about the times of exportation involved herein neither such nor similar merchandise was freely offered for sale to all purchasers in the principal markets of the United States.

> 4. The cost of production of the merchandise, as defined in section 402(f), Tariff Act of 1930, is U.S. $82.60 each, net packed.

> 5. The appeals for reappraisement listed above are hereby submitted on this stipulation which is limited to the items marked and initialed as aforesaid.

On the agreed facts, I hold that the proper basis for appraisement of the merchandise in question, as hereinabove identified, is cost of production, as defined in section 402(f) of the Tariff Act of 1930, and that such statutory value therefor in $82.50 (United States currency) each, net packed. Judgment will be rendered accordingly.
- All
            - Title
            - Author
            - Subject
            - Date
            - Full-Text

            -                              Explore                            ******                - Educational Resources
              - Archival Collections
              -                                      Themes                                    ******                  - Economic Data
                - Federal Reserve
                - View all 
              - Timelines 
            -                              Browse                            ******                - Titles
              - Authors
              - Subjects
              - Dates 
            -                              About                            ******                - About FRASER
              - FAQ
              - Contact Us
              -                                      FRASER API                                    ******                  - REST API
                - OAI-PMH 
            - Inside FRASER Blog

            - **

Home                 > Browse by Title > Employed Mothers and Child Care

              																	United States. Women's Bureau					 and 	Pidgeon, Mary Elizabeth. 						*Employed Mothers and Child Care : Women's Bureau Bulletin, No. 246*,												Washington: 								Govt. Print. Off., 										1953,									https://fraser.stlouisfed.org/title/5517,			accessed on September 25, 2024.						    

        - **FRASER**
        - About
        - FAQ
        - Legal and Privacy
        - FRASER API

          -                              @FedFRASER 
          - ** Contact Us
          -  **  What's New  
          -  **  Inside FRASER
#### COMMONWEALTH *v.*MARY BROWN.

[Charged with infanticide, and concealing the death of her bastard child.']

After the testimony had concluded, the Recorder said, the facts which appear are these:

That the prisoner was delivered of a living child; that when accused of having been so delivered, she did not deny it; that she was not aware of her condition prior to the delivery; that the time when, or under what circumstances, the child died, are not known nor pretended to be susceptible of clear proof; no facts were in evidence which raise the presumption that the prisoner either killed her offspring, or that she was even aware of its death. As to the charge of concealment, the evidence strongly proves that if any concealment existed, it was to conceal its *birth.*Under the act of assembly of the 17th of April, 1794, the words of which are “ if any female shall endeavour privately, either by herself or the procurement of others, to conceal the *death,*&c.,” the only criminal act is, the concealment of the *death.*So that if the *birth*is concealed, and death unknown to the mother, or even suspected by her or her friends or companions, it seems under the words of the act, that the death following the concealment of the *birth,*is no crime.

In the case of Commonwealth *v.*Emenetta Clark, 2 Ashmead 111, judge King has so construed the law as *25to place it beyond doubt, that after the birth, the death must so be concealed as to prevent its being brought to light, whether it was born dead or alive, or whether it was murdered or not. The commonwealth has failed to establish two facts material to this case: 1st, that the child was a bastard: 2d, that the prisoner endeavoured to conceal the death of the child. The facts go strongly to show, that the child died by the usage it received from the time the mother was taken in labour, to the time the dead body was discovered. The idea of the murder of the child by its mother, is not in the least degree sustained by the evidence; that the child was bom alive is clear, and the only charge left to be considered, is whether the concealment is such as under the statute is constituted a criminal offence. It has been ably argued by *Mr. Kelley*4- *Mr. Cuyler,*prisoner’s counsel, that the charge of concealment is only a concealment of the *birth,*and therefore not punishable.

It does appear to me that the position of the prisoner’s counsel is sound, and the prisoner is therefore discharged. To punish such offences in future, the legislature should explain the law referred to; as it stands in the statute book, it is almost a dead letter.
# C_2012287EN.01002201.xml

| 22.9.2012 | EN | Official Journal of the European Union | C 287/22 |
| --- | --- | --- | --- |

22.9.2012

EN

Official Journal of the European Union

C 287/22

---

Reference for a preliminary ruling from the Cour de cassation (Belgium) lodged on 4 July 2012 — État belge — SPF Finances v GIMLE SA

(Case C-322/12)

2012/C 287/40

Language of the case: French

Referring court

Referring court

Cour de cassation

Parties to the main proceedings

Parties to the main proceedings

Applicant: État belge — SPF Finances

Applicant:

Defendant: GIMLE SA

Defendant:

Question referred

Question referred

Must Article 2(3), (4) and (5) of Fourth Council Directive 78/660/EEC of 25 July 1978 based on Article 54(3)(g) of the Treaty on the annual accounts of certain types of companies (1) be interpreted as not only providing that additional information must be provided in the notes on the annual accounts but also requiring that — where the acquisition cost clearly does not reflect the real value of the assets concerned, thus giving a distorted view of the undertaking’s assets, liabilities, financial position and profit or loss — the rule that assets are to be entered in the accounts at their acquisition cost must be departed from and such assets immediately recognised as having their resale value, if that appears to be the real value?

1

---

(1)  OJ 1978 L 222, p. 11.

1

---
#### The City of Wellsville v. Harley Seyler. The State of Kansas v. Elliot Seyler.

No. 16,299.

No. 16,300.

Error from Franklin district court; Charles A. Smart, judge..

Opinion filed May 8, 1909.

Affirmed.

*Fred S. Jackson,*attorney-general, *Charles D. Shukers,*special assistant attorney-general, *W. B. Pleasant,*county attorney, and *Pleasant & Pleasant,*for the appellees.

*F. A. Waddle,*and *W. J. Costigan,*for the appellants.

*Per Curiam:*

The principal assignment of error in each of these cases is that the information is not sufficient to inform the accused of the specific offense of which he is charged.

The offense charged is a minor misdemeanor (disturbing the peace), and in each case is charged in the language of the statute and ordinance. This has been uniformly held sufficient in this court, at least since the decision of the case of *The State v. White,*14 Kan. 538.

We have examined the instructions in each case and find nothing in either to justify a reversal of the judgment.

The cases were submitted together and the judgment in each is. affirmed.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

SHOUQIN SONG,

Petitioner,

v. LORETTA E. LYNCH, Attorney General,

Respondent. No. 14

- 70128 Agency No. A087

- 864

- 135

MEMORANDUM *

On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 26, 2016 **
Before: McKEOWN, WARDLAW, and PAEZ, Circuit Judges. Shouqin Song, a native and citizen of C hina, petitions for review of the Board of Immigration Appeals’ order dismiss ing her appeal from an immigration judge’s decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

APR 29 2016
MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2 14

- 70128

8 U.S.C. § 1252. We review de novo due process challenges, Zetino v. Holder , 622 F.3d 1007, 1011

- 12 (9th Cir. 2010) (internal citation omitted), and review for substantial evidence the agency’s factual findings, applying the standards governing adverse credibility determinations created by the REAL ID Act,

Shrest ha v. Holder , 590 F.3d 1034 , 1039

- 40 (9th Cir. 2010)

. W e deny the petition

for review. We reject Song’s due process contention regarding her medical record

. See

Lata v. INS , 204 F.3d 1241, 1046 (9th Cir. 2000 ) ( requiring error and substantial prejudice to prevail on a due process claim )

. Substantial evidence supports the agency’s adverse credibility determination

based on inconsistencies between Song’s testimony and asylum declaration regarding when she learned of her employer’s corruption and whether she received unemployment benefits

. S ee Shrestha , 590 F.3d at 1048 (adverse credibility determination was reasonable under the “totality of the circumstances”). Song ’s expl anations for the inconsistencies do not compel the contrary result

. See Lata v.
INS , 204 F.3d 1241, 1245 (9th Cir. 2000)

. Further, substantial evidence supports the agency’s finding that Song’s corroborative evidence does not independently support her claim for relief

. See Garcia v. Holder , 749 F.3d 785, 791 (9th Cir.3 14

- 70128

2014). In the a

bsence of credible testimony, Song ’s asylum and withholding of

removal claims fail. See Farah v. Ashcroft , 348 F .3d 1153, 1156 (9th Cir. 2003). Finally, Song ’s CAT claim also fails because it is based on the same testimony the agency found not credible , and the record does not otherwise compel

the conclusion that it is more likely than not s he would be tortured if returned to

China. See id . at 1156

- 57.

PETITION FOR REVIEW DENIED.
No. 55575.

#### W. X. Huber Co. *v.*United States,

protest 894333-G (Los Angeles).

Opinion by

Cline, J.

In accordance with stipulation of counsel and following the decisions cited, the protest was sustained as follows: (1) Apricot kernels similar in all material respects to those the subject of Abstract 34104 were held dutiable at 3 cents per pound under paragraph 762; and (2) certain items of the merchandise the same in all material characteristics, respectively, as the articles having the corresponding exhibit designations and passed upon in *Oy Wo Tong Co.*v. *United States*(5 Cust. Ct. 70, C. D. 372) were held entitled to free entry under paragraph 1669.
* 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. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-40715 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus KOREY JAWAIN JACKSON, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:01-CR-31-2

-------------------- December 4, 2002

Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM: * Korey Jackson appeals his convictions of conspiracy to commit robbery and robbery under the Hobbs Act, 18 U.S.C. § 1951. He argues that there was insufficient evidence that his offense affected interstate commerce and that applying the aggregation principle to prove the interstate commerce element of a Hobbs Act offense is unconstitutional.No. 02-40715 -2- The restaurant manager’s testimony that the restaurant obtains supplies from businesses out of state and that the restaurant closed early was sufficient to satisfy the interstate commerce element of Jackson’s Hobbs Act violation. See United States v. Jennings , 195 F.3d 795, 800 (5th Cir. 1999); United States v. Hebert , 131 F.3d 514, 523-24 (5th Cir. 1997). Jackson’s constitutional challenge to the application of the aggregation principle is without merit under current binding precedent of this court. See United States v. Ferguson , 211 F.3d 878, 885 (5th Cir.); United States v. Robinson , 119 F.3d 1205, 1212 (5th Cir. 1997).
AFFIRMED.