alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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). *** The Honorable Ronald Lee Gilman, Senior Circuit Judge for the Sixth Circuit, sitting by designation. NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
MICHAEL MORENO, Plaintiff - Appellant,
v. MICHAEL J. ASTRUE, Commissioner, Social Security Administration, Defendant - Appellee. No. 10-35864 D.C. No. 2:09-cv-03072-JPH
MEMORANDUM *

Appeal from the United States District Court for the Eastern District of Washington James P. Hutton, Magistrate Judge, Presiding Submitted July 15, 2011 ** Seattle, Washington Before: GILMAN *** , CLIFTON, and N.R. SMITH, Circuit Judges. 

# FILED
JUL 20 2011 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 Michael Moreno appeals from the district court’s judgment that affirmed the final decision by the Commissioner denying his application for supplemental security income under Title II of the Social Security Act. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo the district court’s judgment upholding the denial of benefits, Bray v. Comm’r of Soc. Sec. Admin. , 554 F.3d 1219, 1222 (9th Cir. 2009), and we affirm the district court. The ALJ did not err in concluding that Moreno’s impairment did not meet or equal an impairment in Listing 1.02A, which describes a claimant as disabled if he has an “inability to ambulate effectiv ely,” which is defined as “an extreme limitation of the ability to walk.” 20 C. F.R. Part 404, Subpart P, Appendix A 1, Listings 1.02A, 1.00B.2.b(1). An exam ple of ineffective ambulation is “the inability to walk a block at a reasonable pace on rough or uneven surfaces.” 20 C.F.R. Part 404, Subpart P, Appendix A 1, Listing 1.00B.2.b(2). Moreno argues that because the ALJ, in his assessmen t of Moreno’s residual functional capacity (“RFC”), limited Moreno to walking on even terrain, the ALJ erred when he concluded that Moreno could ambulate eff ectively and therefore failed to satisfy the criteria in Listing 1.02A. However, the RFC did not state that Moreno was incapable of walking on uneven surfaces, only that he should avoid doing so in his employment. None of Moreno’s examining or treating physicians indicated that3 Moreno could not walk on uneven terrain, or that he was unable to ambulate effectively. Instead, his physicians describe d him as being able to walk and stand for up to six hours a day. The ALJ’s determination that Moreno was capable of performing sedentary work with additional limitations was s upported by substantial evidence. The ALJ did not include an option to recline and elevate the leg and foot because the only evidence of such a limitation came from Moreno, whom the ALJ found to be less than credible, and Dr. Francis, whose testimony the ALJ properly discredited as inconsistent with the assessments of Moreno’s examining and treating doctors. See Thomas v. Barnhart , 278 F.3d 947, 958-59 (9th Cir. 2002); Lester v. Chater , 81 F.2d 821, 832 (9th Cir. 1995). AFFIRMED
.
### In the Matter of U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

# ~1ECEIVED OCT 1 5 2014 

## HEARING DOCKET

FAA Docket No. [To be Assigned] DMS No.: FAA2013-1081 BOTTONENTERPRISES, INC.,
Respondent FAA Region: Western Pacific Jndge: Richard C. Goodwin

MOTION TO WITHDRAW APPEAL 

### The Complainant and Respondent having come to a resolution ofthis matter, the Respondent hereby files this motion requesting permission to withdraw its appeal ofComplainant's complaint under 49 C.F.R. 821-12. RESPECTFULLY SUBMITTED this 14'h day ofOctober, 2014

I 

### Timothy 

### I. McCulloch Attorneys for RespondentCERTIFICATE OF SERVICE
Ihereby certifythat onthis date I have sentby facsimile where indicated and via UPS Overnight addressed as follows: ORIGINAL AND ONE COPY

ONE COPY Federal Aviation Administration Attn: Hearing Docket Clerk, AGC-430 Wilbur WrightBuilding-Suite 2W1000 600 Independence Avenue, SW Washington, DC 20591
Adam Runkel, Esq., Counsel for Complainant Office ofthe Regional Counsel, Western-Pacific Region, APW-7.12 Federal AviationAdministration 15000 Aviation Boulevard Hawthorne, CA 90250 Telephone: (425) 227-2914 *Facsimile: (310) 725-6816 Hon. Richard C. Goodwin, U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Ave., S.E. (Ell-310) Washington, D.C. 20590 Attn: Patricia Matthews *Facsimile: (202) 366-7536

Dated: October 14, 2014

2
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-6058
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus RICHARD GRAVELY, Defendant - Appellant.
Appeal from the United States District Court for the Southern District of West Virginia, at Huntington. Robert J. Staker, Senior District Judge. (CR-94-82) Submitted: June 20, 1996 Decided: July 1, 1996 Before HALL, WILKINS, and HAMILTON, Circuit Judges. Dismissed by unpublished per curiam opinion. Richard Gravely, Appellant Pro Se. Rebecca A. Betts, United States Attorney, Charleston, West 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 28 U.S.C. § 2255 (1988) motion. We have reviewed the record and thedistrict court's opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss on the reasoning of the district court. United States v. Gravely , No. CR-94-82 (S.D.W. Va. Dec. 14, 1995). 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.

DISMISSED
Exhibit 10(a)



 EXHIBIT (10)(a) 

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM 







 Consent of Independent Registered Public Accounting Firm 

We consent to the references to our firm under the caption “Independent Registered Public Accounting Firm” in the Statement of Additional
Information and to the use of our reports: (1) dated April 9, 2010, with respect to the statutory-basis financial statements and schedules of Transamerica Financial Life Insurance Company, and (2) dated April 26, 2010, with respect to the financial
statements of the subaccounts of Separate Account VA QNY, included in Post-Effective Amendment No. 9 to the Registration Statement (Form N-4 No. 333-110048) under the Securities Act of 1933 and related Prospectus of Flexible Premium Variable
Annuity - E. 
 /s/ Ernst & Young LLP 

Des Moines, Iowa 
 April 26, 2010
Electronically Filed

Intermediate Court of Appeals

CAAP-14-0000681

02-JUN-2014

11:04 AM
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

, Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

December 23, 2013

h1216 

# Order

Clerk December 23, 2013

147806 & (16)

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 147806

COA: 317052

Wayne CC: 86

- 673229

LARRY EUGENE WALTHALL,

Defendant

- Appellant.

____________________________________/

On order of the Court, the application for leave to appeal the September 17, 2013

order of the Court of Appeals is con sidered, and it is DENIED, because the defendant has

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D). The

motion to remand is DENIED.
1998 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

9-22-1998

United States v. Cianci

Precedential or Non-Precedential:

Docket 97-5619

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_1998

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 1998 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"United States v. Cianci" (1998). 1998 Decisions. Paper 230.

http://digitalcommons.law.villanova.edu/thirdcircuit_1998/230
Filed September 22, 1998 

UNITED STATES COURT OF APPEALS 

FOR THE THIRD CIRCUIT 

No. 97-5619 

UNITED STATES OF AMERICA 

v. 

ANTHONY CIANCI, 

 Appellant 

On Appeal from the United States District Court 

for the District of New Jersey 

(D.C. Crim. No. 0312-2: 97-cr-00174) 

Argued July 9, 1998 

Before: SLOVITER and ROTH, Circuit Judges, and 

FULLAM,* District Judge 

ORDER AMENDING OPINION 

It is ordered that the slip opinion in the above case, filed 

on August 21, 1998, be amended as follows: 

Page 4, line 14 - Insert after the words "The court" the 

following: "reduced the offense level by two points for 

acceptance of responsibility, S 3E1.1, but . .. ." 

 By the Court, 

Dated: September 22, 1998 /s/ Dolores K. Sloviter 

 Circuit Judge 

_________________________________________________________________ 

*Hon. John P. Fullam, Senior United States District Judge for the 

Eastern District of Pennsylvania, sitting by designation. 
A True Copy: 

Teste: 

 Clerk of the United States Court of Appeals 

 for the Third Circuit 

 2
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. WR-91,475-01

EX P ARTE DEREK DAV ID ELMS, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. A-35,489-A IN THE 70T H DISTRICT COURT F ROM ECTOR COUNTY

Per curiam . O R D E R Applicant pleade d g uilty to capital murder in exchang e for a sentenc e of life imprisonment. He did not appea l his conviction. Applicant filed this application for a writ of habea s corpus in the county of conviction, and the district cler k forwa rded it to this Court. See T E X . C O D E C R I M . P R O C . art. 11.07. The trial court made fin d i n gs of fac t and conclusions of law, rec ommending that relief be denied. This Court adopts the trial cou rt ’s fi n d i n gs of fac t and conclusions of law, with the exception of finding of fac t number 5. Ba sed on the trial court’s other finding s and conclusions and this Court’s independent re view of the entire r ecor d, relief is denied.2

Filed: Aug ust 19, 2020 Do not publish
EXHIBIT 31.1

              CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO
                      SECTION 302 OF THE SARBANES-OXLEY ACT

I, Roger Arnet, certify that:

1.   I have reviewed this quarterly report on Form 10-QSB of WestCoast Golf
     Experiences, Inc.;

2.   Based on my knowledge, this quarterly 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 quarterly report;

3.   Based on my knowledge, the financial statements, and other financial
     information included in this quarterly report, fairly present in all
     material respects the financial condition, results of operations and cash
     flows of the registrant as of, and for, the period presented in this
     quarterly report;

4.   I am responsible for establishing and maintaining disclosure controls and
     procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the
     registrant and have:

     a.   designed such disclosure controls and procedures to ensure that
          material information relating to the registrant, including its
          consolidated subsidiaries, is made known to us by others within those
          entities, particularly during the period in which this quarterly
          report is being prepared;
     b.   evaluated the effectiveness of the registrant's disclosure controls
          and procedures as of a date within 90 days prior to the filing date of
          this quarterly report (the "Evaluation Date"); and
     c.   presented in this quarterly report our conclusions about the
          effectiveness of the disclosure controls and procedures based on our
          evaluation as of the Evaluation Date;

5.   I have disclosed, based on my most recent evaluation, to the registrant's
     auditors and the audit committee of registrant's board of directors (or
     persons performing the equivalent functions):

     a.   all significant deficiencies in the design or operation of internal
          controls which could adversely affect the registrant's ability to
          record, process, summarize and report financial data and have
          identified for the registrant's auditors any material weaknesses in
          internal controls; and
     b.   any fraud, whether or not material, that involves management or other
          employees who have a significant role in the registrant's internal
          controls; and

6.   I have indicated in this quarterly report whether or not there were
     significant changes in internal controls or in other factors that could
     significantly affect internal controls subsequent to the date of our most
     recent evaluation, including any corrective actions with regard to
     significant deficiencies and material weaknesses.

IN WITNESS WHEREOF, the undersigned has executed this certification as of the
7th day of December, 2007.


/s/ Roger Arnet
-------------------------------
Chief Executive Officer
EX-10.3



 





Exhibit 10.3




Schedule of Named Executive Officer Base Salaries 

(as of January 1, 2007)




     Effective January 1, 2007, the base salaries of the “named executive officers” of the Company
(as defined by Item 402(a)(3) of Regulation S-K for purposes of the Company’s proxy statement for
the 2007 annual meeting of shareholders) shall be as follows:



	 	 	 	 	 
	Name	 	2007 Base Salary
	Mike Brooks
	 	$	475,000	 
	Chairman of the Board and

Chief Executive Officer
	 	 	 	 
	 
	 	 	 	 
	David Sharp
	 	$	385,000	 
	President and Chief Operating Officer
	 	 	 	 
	 
	 	 	 	 
	James E. McDonald
	 	$	280,000	 
	Executive Vice President and Chief

Financial Officer
	 	 	 	 
	 
	 	 	 	 
	Thomas R. Morrison
	 	$	220,000	 
	Senior Vice
President of Wholesale Sales
	 	 	 	 








8
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Exhibit 10.15


 


AMENDMENT TO STOCKHOLDERS
AGREEMENT


 


This AMENDMENT TO STOCKHOLDERS AGREEMENT, dated
as of April 27, 2010 (this “Amendment”),
is by and between SABRE INDUSTRIES, INC., a Delaware corporation (the “Company”), and CORINTHIAN SC LLC, a
Delaware limited liability company (“Corinthian”).


 


W I T N E S S E T
H:


 


WHEREAS, the Company, Corinthian and certain
other parties are party to a Stockholders Agreement dated as of September 12,
2007 (the “Stockholders Agreement”);


 


WHEREAS, Corinthian holds at least a majority
of all outstanding shares of Common Stock and Common Stock Equivalents of the
Company; and


 


WHEREAS, the Company and Corinthian desire to
amend the Stockholders Agreement in accordance with Section 16(j) thereof.


 


NOW, THEREFORE, in consideration of the foregoing,
for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereby agree as follows:


 


1.             Capitalized Terms.  Capitalized terms used but not defined herein
shall have the meaning ascribed to such terms in the Stockholders Agreement.


 


2.             Amendment.  Effective as of the date hereof, Section 14
of the Stockholders Agreement shall be deemed to be deleted in its entirety
from the Stockholders Agreement, and such Section shall be of no further
force or effect.


 


3.             Effect of Amendment.  Except as expressly modified by this
Amendment, the terms and provisions of the Stockholders Agreement shall remain
in full force and effect.


 


4.             Governing Law.  This Amendment shall be governed by, construed
and enforced in accordance with the internal laws of the State of Delaware
(without regard to principles of conflict of laws).


 


5.             Counterparts.  This Amendment may be executed in one or more
counterparts, each of which shall be deemed an original and all of which, taken
together, shall constitute one and the same instrument.  Original signatures hereto may be delivered
by facsimile or portable data format (PDF) which shall be deemed originals.


 


[Signature Page Follows]


 

















 


IN WITNESS WHEREOF, the
parties hereto have duly executed and delivered this Amendment to Stockholders
Agreement as of the date first set forth above.


 


 


	
   

  	
  SABRE
  INDUSTRIES, INC.

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/
  James D. Mack

  
	
   

  	
   

  	
  Name:

  	
  James
  D. Mack

  
	
   

  	
   

  	
  Title:

  	
  President
  and Chief Executive Officer

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  CORINTHIAN
  SC LLC

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  By:

  	
  /s/
  Peter Van Raalte

  
	
   

  	
   

  	
  Name:

  	
  Peter
  Van Raalte

  
	
   

  	
   

  	
  Title:

  	
  Manager

  



 


Signature
Page to Amendment to Stockholders Agreement
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  -  Products             
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  -  Small Business             
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  -  Forms 
-  Organizations    -  DLA Headquarters             
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  -  DLA Land and Maritime             
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  -  DLA CENTCOM & SOCOM             
  -  DLA Europe & Africa             
  -  DLA Indo-Pacific 
-  Customer Support    -  Self Help Tools             
  -  How to Order             
  -  Find Your Order             
  -  Customer Facing Offices             
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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





The
undersigned hereby certifies, in his capacity as the Chief Executive Officer of
China Medicine Corporation (the “Company”), for the purposes of 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that to the best of his knowledge:





(1)      The
Company’s Quarterly Report on Form 10-Q for the fiscal quarter ended March 31,
2010 (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:
May13, 2010





/s/
      Senshan YangSenshan
      YangChief
      Executive Officer(Principal
      Executive
Officer)





This
certification accompanies each Report pursuant to § 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 §18 of the
Securities Exchange Act of 1934, as amended.





A signed
original of this written statement required by Section 906 has been provided to
the Company and will be retained by the Company and furnished to the Securities
and Exchange Commission or its staff upon request.
p130073.eng

INITIAL REVIEW ENGINEERING REPORT

PMN: 13-0073 Focus Ready Draft 11/19/2012

ENGINEER: Choudhary \ AH PV (kg/yr):

SUBMITTER:

USE:

Page 1p130073.eng

SAT (concerns) (11/09/2012): Migration to groundwater: Negligible PBT rating: P1B1T1

Health: 2 Dermal, Inhalation Eco: 3 Water (All releases to water with a CC = 1ppb, amide SAR), XB Testing (Testing desired)

OCCUPATIONAL EXPOSURE RATING: 1D

Page 2p130073.eng

Page 3p130073.eng

INITIAL REVIEW ENGINEERING REPORT

PMN: 13-0073

Page 4p130073.eng

INITIAL REVIEW ENGINEERING REPORT

PMN: 13-0073

Page 5p130073.eng

Page 6p130073.eng

Page 7