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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

 

No. 06-1488

 

FANCZI SCREW COMPANY,

Plaintiff - Appellant,

and

CAROLINA TOOLING CONCEPTS,

Plaintiff,

versus

ORIX FINANCIAL SERVICES, INCORPORATED,

formerly known as Orix Credit Alliance,

Incorporated,

Defendant - Appellee.

 

Appeal from the United States District Court for the District of

South Carolina, at Greenville. Terry L. Wooten, District Judge.

(6:02-cv-00198-TLW)

 

Argued: January 31, 2007 Decided: February 15, 2007

 

Before MICHAEL, MOTZ, and KING, Circuit Judges. 

 

Affirmed by unpublished per curiam opinion.

 

ARGUED: Stanley Eugene Barnett, SMITH, BUNDY, BYBEE & BARNETT,

P.C., Mount Pleasant, South Carolina, for Appellant. Samuel Walter

Hixon, III, WILLIAMS MULLEN, Richmond, Virginia, for Appellee. ON
2

BRIEF: William R. Mauck, Jr., Patrick R. Hanes, WILLIAM MULLEN,

Richmond, Virginia, for Appellee.

 

Unpublished opinions are not binding precedent in this circuit. 
*

Fanczi claims its actual damages should be measured as “the

value of the very performance promised” -- that is, the value of

the lease agreement. However, Fanczi has conceded that the market

value of the whirling machine was no different at the time of

Orix’s breach than at the time of contracting, and so offered no

basis before us or the district court for determining the value of

the lease agreement other than lost profits.

3

PER CURIAM:

Orix Financial Services, Inc., an equipment leasing company,

breached its contract to lease an industrial device known as a

whirling machine to Fanczi Screw Company. We previously held that

the contract between the parties included a limitations provision

that “chos[e] New York state law, and prohibit[ed] consequential

and punitive damages.” Fanczi Screw Co. v. Orix Fin. Servs., Inc.,

114 Fed. Appx. 548, 553 (4th Cir. 2004). Our previous opinion

describes the facts of the relationship between the parties and the

procedural history of this litigation, so we need not repeat these

here. See id. at 550-52.

On remand, the district court concluded that: (1) Fanczi’s

lost profits did not constitute actual damages under New York law;*

and (2) by its plain language, a provision in the security

agreement concerning the payment of attorney’s fees and interest

provided rights only to the “Mortgagor” (defined in the Security

Agreement as Orix) and not to the “Mortgagee” (defined as Fanczi).

Upon consideration of the record, briefs, and oral argument,

we affirm for reasons well stated by the district court. Fanczi
4

Screw Co. v. Orix Fin. Servs., Inc., No. 6:02-198-TLW, slip op.

(D.S.C. July 26, 2005). 

AFFIRMED
[Federal Register Volume 62, Number 4 (Tuesday, January 7, 1997)]
[Notices]
[Page 988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-212]


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

DEPARTMENT OF ENERGY
[Docket Nos. RP93-151-000, RP94-39, RP94-127, RP94-197, RP94-309, RP94-
425, RP95-89, RP95-368, RP95-451, RP96-85, RP96-195, RP96-297, RP97-7, 
RP93-148, RP95-62, RP96-73, RP94-222, RP94-202, RP94-309, and RP95-112]


Tennessee Gas Pipeline Company; Notice of Conference

December 31, 1996.
    Take notice that an informal conference will be convened in this 
proceeding on Thursday, January 16, 1997, at 10:00 a.m., at the offices 
of the Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426, for the purpose of discussing the draft 
settlement of the above-referenced dockets.
    Any party, as defined by 18 CFR 385.102(c), or any participant, as 
defined in 18 CFR 385.102(b), is invited to attend. Persons wishing to 
become a party must move to intervene and receive intervenor status 
pursuant to the Commission's regulations (18 CFR 385.214).
    For additional information, contact Donald Williams at (202) 208-
0743 or Dennis H. Melvin at (202) 208-0042.
Lois D. Cashell,
Secretary.
[FR Doc. 97-212 Filed 1-6-97; 8:45 am]
BILLING CODE 6712-01-M
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

DUSTIN RAYMOND ANDREJCO-JONES,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 402 WAL 2017

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 18th day of April, 2018, the Petition for Allowance of Appeal is 

DENIED.
<PAGE>
 
                                                                    EXHIBIT 23.1


                 CONSENT OF INDEPENDENT CHARTERED ACCOUNTANTS



We consent to the incorporation by reference in the following registration
statements of Echo Bay Mines Ltd. and in the related prospectuses of our report
dated January 25, 1999, with respect to the consolidated financial statements of
Echo Bay Mines Ltd. included in this Annual Report (Form 10-K) for the year
ended December 31, 1998:

1.  Registration Statement on Form S-3 (No. 333-35857) pertaining to Echo Bay
    Mines Ltd. and Echo Bay Resources, Inc.

2.  Registration Statement on Form S-8 (No. 2-84687) pertaining to the Employee
    Share Incentive Plan of Echo Bay Mines Ltd.

3.  Registration Statement on Form S-8 (No. 33-91696) pertaining to the Director
    Equity Plan and amending the Employee Share Incentive Plan of Echo Bay Mines
    Ltd.

4.  Registration on Form S-8 (No. 333-31835) pertaining to the Employee Share
    Incentive Plan and Restricted Share Grant Plan of Echo Bay Mines Ltd.



Edmonton, Canada                                /s/ Ernst & Young LLP
February 22, 1999                               Chartered Accountants


                                       1
<PAGE>
 
                                                                      EXHIBIT 23

                        CONSENT OF INDEPENDENT AUDITOR

The Board of Directors
Sunrise Medical Inc.:

We consent to incorporation by reference in the Registration Statement No. 
33-44082 on Form S-4, Statement No. 33-81316 on Form S-4, Statement No. 33-49500
on Form S-3, Statement No. 33-88216 on Form S-8, Statement No. 33-82842 on Form
S-8, Statement No. 33-39887 on Form S-8, Statement No. 33-35797 on Form S-8 and
Statement No. 33-13460 on Form S-8 of Sunrise Medical Inc. of our report dated
August 11, 1995, except as to Notes 2 and 10 to the consolidated financial
statements which are as of January 4, 1996 and February 16, 1996, respectively,
relating to the consolidated balance sheets of Sunrise Medical Inc. and
subsidiaries as of June 30, 1995 and July 1, 1994, and the related consolidated
statements of operations, stockholders' equity and cash flows and the related
financial statement schedules for each of the years in the three-year period
ended June 30, 1995, which report appears in the June 30, 1995, annual report on
Form 10-K/A of Sunrise Medical Inc. Our report refers to the restatement of the
consolidated financial statements of Sunrise Medical Inc. as of June 30, 1995
and July 1, 1994, and for the years then ended.


Los Angeles, California
February 20, 1996
[Federal Register Volume 62, Number 154 (Monday, August 11, 1997)]
[Notices]
[Pages 43005-43006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21128]


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

DEPARTMENT OF THE INTERIOR

National Park Service


Public Notice

AGENCY: National Park Service, Interior.

ACTION: Public Notice.

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

SUMMARY: Public notice is hereby given that the National Park Service 
proposes to award a concession contract authorizing marina facilities 
and services for the public at Staten Island

[[Page 43006]]

Unit, Gateway National Recreation Area, New York, for a period of ten 
(10) years.

EFFECTIVE DATE: October 10, 1997.

ADDRESSES: Interested parties should contact National Park Service, 
Senior Concession Program Manager, Concession Management Program, New 
England System Support Office, 15 State Street, Boston, MA 02109-3572, 
to obtain a copy of the prospectus describing the requirements of the 
proposed contract.

SUPPLEMENTARY INFORMATION: This contract has been determined to be 
categorically excluded from the procedural provisions of the National 
Environmental Policy Act and no environmental document will be 
prepared.
    The existing concessioner has performed its obligations to the 
satisfaction of the Secretary under an existing contract which expired 
by limitation of time, and therefore pursuant to the provisions of 
Section 5 of the Act of October 9, 1965 (79 Stat. 969; 16 U.S.C. 
Sec. 20), is entitled to be given preference in the renewal of the 
contract and in the negotiation of a new contract, providing that the 
existing concessioner submits a responsive offer (a timely offer which 
meets the terms and conditions of the Prospectus). This means that the 
contract will be awarded to the party submitting the best offer, 
provided that if the best offer was not submitted by the existing 
concessioner, then the existing concessioner will be afforded the 
opportunity to match the best offer. If the existing concessioner 
agrees to match the best offer, then the contract will be awarded to 
the existing concessioner.
    If the existing concessioner does not submit a responsive offer, 
the right of preference in renewal shall be considered to have been 
waived, and the contract will then be awarded to the party that has 
submitted the best responsive offer.
    The Secretary will consider and evaluate all proposals received as 
a result of this notice. Any proposal, including that of the existing 
concessioner, must be received by the Senior Concession Program 
Manager, Concession Management Program, not later than the sixtieth 
(60th) day following publication of this notice to be considered and 
evaluated.

    Dated: July 28, 1997.
Chrysandra L. Walter,
Acting Field Director, Northeast Field Area.
[FR Doc. 97-21128 Filed 8-8-97; 8:45 am]
BILLING CODE 4310-70-M
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# Preparing for emergency situations takes center stage on DSCR

By Leon Moore, Public Affairs SpecialistDLA Aviation Public Affairs Office

                RICHMOND, Va.  –              
In recognition of September being National Preparedness Month, Defense Logistics Agency Installation Management Richmond, Virginia’s Security and Emergency Services hosted a preparedness fair in the lobby of the DLA Aviation Operations Center (Bldg. 46) on Defense Supply Center Richmond Sept. 22.

Various personnel from different divisions within DLA Installation Management Richmond provided useful information to those who stopped by during the event, including preparing for possible emergency situations, domestic violence prevention, active shooter response, suspicious activity reporting, crime prevention, fire safety and other related topics. 

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Defense Supply Center Richmond VirginiaNational Prepardness MonthDefense Logistics Agency Installation Management Richmond
Exhibit 31.1

CERTIFICATION

Certification of President



I, Ramon Chimelis, President, certify that:



1.

I have reviewed this quarterly report on Form 10-Q of Big Sky Industries V, Inc.;

2.

Based on my knowledge, this report does 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 with respect to the period covered by this report;

3.

Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this report;

4.

The small business issuer's other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the small business issuer and have:

(a)

Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the small business issuer, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

(b)

Evaluated the effectiveness of the small business issuer's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

(c)

Disclosed in this report any change in the small business issuer's internal control over financial reporting that occurred during the small business issuer's most recent fiscal quarter (the small business issuer's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuer's internal control over financial reporting; and

5.

The small business issuer's other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuer's auditors and the audit committee of the small business issuer's board of directors (or persons performing the equivalent functions):

(a)

All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuer's ability to record, process, summarize and report financial information; and

(b)

Any fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuer's internal control over financial reporting.



Dated: February 12, 2009



/s/ Ramon Chimelis

Ramon Chimelis, President
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 Big Sky Industries IV, Inc. (the Company) on Form 10-Q for the period ending December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Ramon Chimelis, President of the Company, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





(1)

The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and



(2)

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



Dated: February 4, 2009



/s/ Ramon Chimelis

Ramon Chimelis, President

Big Sky Industries IV, Inc.
No. 00-812.

#### Stolt Offshore Inc. et al. *v.*Science Applications International Corp.

C. A. 5th Cir. Certiorari denied.
<PAGE>   1

                                                                    EXHIBIT 23.1


               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

We hereby consent to the incorporation of our report, dated August 30, 2000,
included in this Form 10-K in the previously filed Registration Statements of
Franklin Telecommunication Corp. and subsidiaries on Form S-8 (File No.
333-71189, filed January 26, 1999 and File No. 333-76013, filed April 9, 1999)
and on Form S-3 (File No. 333-87551, filed September 22, 1999, File No.
333-31682, filed March 3, 2000, File No. 333-32060, filed March 9, 2000, and
File No. 333-35834, filed April 28, 2000.)




SINGER LEWAK GREENBAUM & GOLDSTEIN LLP

Los Angeles, California
September 26, 2000
#### Mrs. Linda LEACH v. Gerald LEACH.

No. 49465.

Supreme Court of Mississippi.

July 6, 1977.

Rehearing Denied Aug. 3, 1977.

Gordon & Mangum, Robert Mangum, Union, for appellant.

Alford, Mars & Thomas, Herman Alford, Philadelphia, for appellee.

Appeal from Chancery Court, Newton County; Osborn Guyton Idom, Chancellor.

Before INZER, P. J., and SMITH and BROOM, JJ.

AFFIRMED AS TO DIVORCE; REVERSED AND RENDERED AS TO CHILD CUSTODY.

GILLESPIE, C. J., PATTERSON, P. J., and ROBERTSON, SUGG, WALKER and LEE, JJ., concurring.
Compensation Letter between the Registrant and William M. Klein



 Exhibit 10.10 
  

			
	B E A Systems, Inc 	 	 2315 North First Street
 San Jose, California 95131

 Phone: 408.570.8000
 Fax: 408-570-8901


 

 
 March 22, 2006 
 Bill Klein

 2315 North First St. 
 San Jose, CA. 
 RE:    FY07 Compensation Awards 
 Dear Bill: 

I’m happy to advise that the Compensation Committee has approved the following FY07 Equity Awards in recognition of your contributions over the last fiscal year.

 Equity 
 The Compensation Committee approved
the granting of 145,000 non-qualified stock options (standard 4 year vest) as well as 48,333 Restricted Stock Units (RSU’s) with a 4 year vest. The options will be priced on the next Unanimous Written Consent at Fair Market Value
and you will receive the option and RSU agreements under separate cover. 
 FY07 Bonus Plan 
 Also, please be advised that the FY07 Corporate Bonus Plan will be modified to provide for an annual payout (from the previous semi-annual payout schedule) as well as an
MBO provision for Succession Planning. Please reference the Plan Document for specifics, which will be sent under separate cover 
 Bill, I deeply appreciate
your contributions and look forward to FY07 with optimism and excitement. Thanks for all of your hard work!
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-7181
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus FREDERICK BALLENGER, Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, District Judge. (CR-88-151, CA-96-389-AM) Submitted: March 13, 1997 Decided: March 19, 1997 Before HALL, ERVIN, and WILKINS, Circuit Judges. Dismissed by unpublished per curiam opinion. Frederick Ballenger, Appellant Pro Se. John Thomas Martin, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals from the district court's order denying his motion filed under 28 U.S.C. § 2255 (1994), amended by Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104- 132, 110 Stat. 1214. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss on the reasoning of the district court. United States v. Ballenger , Nos. CR-88-151; CA-96- 389-AM (E.D. Va. May 6, 1996). We dispense with oral argument because the facts and legal contentions are adequately presented inthe materials before the court and argument would not aid the decisional process.

DISMISSED
IN THE SUPREME COURT OF PENNSYLVANIA 

MIDDLE DISTRICT 

COMMONWEALTH OF PENNSYLVANIA, 

 Respondent 

 v. 

GREGORY STEVENS, 

 Petitioner 

:

:

:

:

:

:

:

:

:

:

:

No. 26 MAL 2016 

Petition for Allowance of Appeal from 

the Order of the Superior Court 

ORDER 

PER CURIAM 

AND NOW, this 4th day of May, 2016, the Petition for Allowance of Appeal is 

DENIED. 

Justice Wecht did not participate in the consideration or decision of this matter.
**Exhibit 23.2**

 

**INDEPENDENT ACCOUNTANTS’ CONSENT**

 

The Board of Directors 

Immunomedics, Inc.:

 

We consent to the incorporation by reference in theregistration statements (No. 333-90338) on Form S-3 and (Nos. 333-53224, 33-56844, 33-43595 and 33-16260) on Form S-8 of Immunomedics, Inc. of our report dated August 9, 2002, with respect to the consolidated balance sheet of Immunomedics, Inc. andsubsidiaries as of June 30, 2002, and the related consolidated statements of operations and comprehensive loss, changes in stockholders’ equity, and cash flows for each of the years in the two-year period ended June 30, 2002, which reportappears in the June 30, 2003 annual report on Form 10-K of Immunomedics, Inc. 

 

KPMG LLP 

 

Princeton, New Jersey 

September 23, 2003
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Apalachia Reservoir

Land Management Plan

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Jul 24, 2008

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UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 08-7724

EDWARD B. JONES, 

 Petitioner - Appellant, 

 v. 

PATRICIA R. STANSBERRY, 

 Respondent - Appellee. 

Appeal from the United States District Court for the Eastern 

District of Virginia, at Alexandria. Albert V. Bryan, Jr., 

Senior District Judge. (1:08-cv-00713-JCC-TCB) 

Submitted: January 15, 2009 Decided: January 23, 2009 

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

Circuit Judge. 

Affirmed by unpublished per curiam opinion. 

Edward B. Jones, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

Edward B. Jones, a federal prisoner, appeals the 

district court’s orders construing his 28 U.S.C. § 2241 (2006) 

petition as a 28 U.S.C.A. § 2255 (West Supp. 2008) motion and 

dismissing it, and denying reconsideration of that order. We 

have reviewed the record and find no reversible error. 

Accordingly, we affirm for the reasons stated by the district 

court. See Jones v. Stansberry, No. 1:08-cv-00713-JCC-TCB (E.D. 

Va. filed July 21, 2008; entered July 23, 2008 & Aug. 14, 2008). 

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