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

 Pursuant to Local Rule 47.5, the court has determined that this opinion should not be

published and is not precedent except underthe limited circumstancessetforth inLocalRule

47.5.4.

 

1United States v. Zuniga, 18 F.3d 1254 (5th Cir.), cert. denied, 115 S.Ct. 214 (1994).

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 95-30885

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JUAN JOSE ZUNIGA HERNANDEZ,

Defendant-Appellant.

Appeal from the United States District Court

For the Eastern District of Louisiana

(95-CA-2166)

February 9, 1996

Before POLITZ, Chief Judge, DUHÉ and PARKER, Circuit Judges.

PER CURIAM:*

The convictions on guilty pleas by Juan Jose Zuniga-Hernandez of conspiracy to

distribute heroin, distribution of heroin, using and carrying machine guns in relation to a

drug-trafficking offense, and possession of machine guns were affirmed on direct appeal.1

The instant 28 U.S.C. § 2255 motion followed, contending that: (1) his sentencing offense

level was wrongfully computed, (2) his conviction for using and carrying a firearm resulted

from a judicial enlargement of the statute in violation of the ex post facto clause, and (3) he

had been denied the effective assistance of counsel at the trial level. As to the
 

2United States v. Vaughn, 955 F.2d 367 (5th Cir. 1992).

 

3United States v. Zuniga-Hernandez, No. 92-583 (E.D.La. August 21, 1995).

2

ineffectiveness charge he contendsthat his counsel did not adequately and accurately advise

him as to the law, did not object to his sentence, and made promises that were not kept. He

requested a hearing thereonwhich the trial court denied because the record reflected the lack

of merit in these contentions.

We initially note that Zuniga’s challenge to the trial court’s application of the

sentencing guidelines is not cognizable in a section 2255 proceeding.2 Our review of the

briefs and record discloses no reversible error and we affirm the denial of the other claims

for essentially the same reasons as assigned by the district court.3

AFFIRMED.
<PAGE>

                                  EXHIBIT 24.6
                                POWER OF ATTORNEY

         KNOW ALL BY THESE PRESENTS, that I, the undersigned, do hereby appoint
Lionel Reilly, or Neal Soderquist, or either of them, attorney for me and in my
name and on my behalf to sign the Annual Report on Form 10-K of PROFESSIONAL
VETERINARY PRODUCTS, LTD. for the fiscal year ended July 31, 2001, to be filed
with the Securities and Exchange Commission under the Securities Exchange Act of
1934 with respect to the registration of the common stock of Professional
Veterinary Products, Ltd., and generally to do and perform all things necessary
to be done in the premises as fully and effectually in all respects as I could
do if personally present.

         IN WITNESS WHEREOF, I have hereunto set my hand this 26/th/ day of
September, 2001.

                                                /s/ Raymond C. Ebert II



STATE OF NEBRASKA                         )
                                          )     ss.
COUNTY OF DOUGLAS                         )


         On this 26/th/ day of September, 2001, before me, a Notary Public
qualified for said County, personally came Raymond C. Ebert II, known to me to
be the identical person who signed the foregoing instrument and acknowledged the
execution thereof to be his voluntary act and deed.



                                                   /s/ Kimberly Mischke
                                                   Notary Public

                                                   My commission expires:
                                                   April 13, 2005
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 on Form 10-Q of KBS Real Estate Investment Trust, Inc. (the Registrant) for the
quarter ended June 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Charles J. Schreiber Jr., Chief Executive Officer and Director of the Registrant, hereby
certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of his knowledge and belief:



|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 Registrant.
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------------

Date: August 13, 2010



/s/ Charles J. Schreiber, Jr.Charles J. Schreiber, Jr.
Chairman of the Board,
Chief Executive Officer and Director
EXHIBIT 23.2

 

 

CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

 

We consent to the incorporation by reference in the: (i) Registration Statement (Form S-8 No. 33-87658) pertaining to the ValuJet Airlines, Inc. 1993 Incentive Stock Option Plan and the ValuJet Airlines, Inc. 1994 Stock Option Plan, (ii) Registration Statement (Form S-8 No. 33-91624) pertaining to the ValuJet Airlines, Inc. 1995 Employee Stock Purchase Plan, (iii) Registration Statement (Form S-8 No. 33-98568) pertaining to the Airways Corporation 1995 Stock Option Plan and 1995 Director Stock Option Plan, (iv) Registration Statement (Form S-3 No. 333-62863) of AirTran Holdings, Inc., (v) Registration Statement (Form S-3 No. 33-83048) of ValuJet Airlines, Inc., (vi) Registration Statement (Form S-8 No. 333-82727) pertaining to the AirTran 1996 Stock Option Plan, and (vii) Registration Statement (Form S-3 No. 333-41480) of AirTran Holdings, Inc., of our report dated January 28, 2001, except for Note 16 as to which the date is March 21, 2002, with respect to the consolidated financial statements and schedule of AirTran Airways, Inc. included in the Annual Report (Form 10-K) for the year ended December 31, 2001.

 

 

 

 

Atlanta, Georgia
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y inn' ^ t-\~l^r { ofTranspcxTotior . DGT-OSr^M ^ T " ^

tS H siibjec i Exceptio n t o Norma l Payou i PiocedLire s Date * ^P'"' ' 7 , 201 1 for Subsidize dCarrier s a

t Shutdown-Airport s (Dogke t 3005 ) Fro m Denni s J . DeVafrf

v C y " " < J Repl y EA S an dDomesti c Analysis , X-5 3 r^ , ^ t o Michae l Martin , X-5 3 Attn . Ext . 6649 4 of : To : Gregory Frazie r

Reference ; Orde r

2010-9-2 8 Airpor t Closin g Th e Ba r Harbor , Main e airport

(BHB ) wa s close dperiodicall y fro mSeptembe r 201 0 t o Decembe r

201 0 du e t o th e instrumen t landin g syste m(ILS ) bein g dow n fo r repair s an d re-certification , Colga n Airlines , Inc . ha s bee n operatin g subsidize dEA S a t Ba r Harbor , I t ha s bee n ou r

policy , o n acase-by-cas e basis , t o pa y th e airlin e it s usua l subsid y rat e whe n aiiport s hav e bee n close do n th e ground s that th e circumstance s are beyon dth e carriers ' contro l an dthat

ther e ar e onl y minima l cos t saving s t o th e carrier s whil e i t woul d los e al l o f th e revenue . Th e carrier s woul donl y sav e o n fue l an daportio n o f maintenanc e becaus e the y woul dno t b e abl e t o turn bac k

aircraf t o r lay of f personnel . Consisten t

with tha t precedent , w e as k

you t o compensat e Colga n Airlines , Inc . for flight s that coul dno t

b e operate do n selecte ddate s durin g th e month s Septembe r throug h December , 2010 , du e t o th e airport closure . W e hav e discusse dthi s issu e with Colga n an dthe y hav e agree dt o submi t revise dclaim s for

th e flight s i

n question . cc : Colga n Airlines , Inc . Airport Manager , Hancoc k

County-Bar

Harbo r Airport
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IN THE SUPREME COURT OF PENNSYLVANIA 

EASTERN DISTRICT 

COMMONWEALTH OF PENNSYLVANIA, 

Petitioner 

v. 

MARQUIS COX, 

Respondent 

:

:

:

:

:

:

:

:

:

:

:

No. 635 EAL 2015 

Petition for Allowance of Appeal from 

the Order of the Superior Court 

ORDER 

PER CURIAM 

AND NOW, this 16th day of March, 2016, the Petition for Allowance of Appeal is 

DENIED.
Exhibit 4.1



 Exhibit 4.1 
 Form of Common Stock Certificate 
  

			
	Certificate	  	No. of Shares
		
	____________	  	____________

 Bank Building Corporation 
 Bassett, Virginia 24055 
 INCORPORATED UNDER THE LAWS OF THE COMMONWEALTH OF VIRGINIA 
 This certifies that ______________________________________ is the owner of __________ shares FULLY PAID AND NON-ASSESSABLE SHARES of the Common Capital Stock of

 Bank Building Corporation 
 hereinafter
called the company, transferable only on the books of the company by the holder hereof in person, or by duly authorized attorney, upon the surrender of this certificate properly endorsed. 
 The amount of common capital stock is set forth on the books of the company. The par value of the shares of said stock is set forth in the Articles of Incorporation of
the company and the amendments thereto, which are hereby expressly incorporated herein by reference. 
 In Witness Whereof, the company has caused this
certificate to be signed by its duly authorized officers, and its seal to be hereunto affixed. 
 Dated _____________________, 19_____.

  

	
	
	   
	President
	
	   
	Treasurer









 Certificate 
                                       
                    
 For _______________
Shares 
 Issued to 
                                       
                                        
                                     
                                       
                                        
                                     
                                       
                                        
                                     
 Dated ________________ 19___ 
 From Whom
Transferred 
                                       
                                        
                                     
 Dated ________________ 19___ 
  

					
	 No. Original Certificate
	 	 No. Original Shares
	 	 No. of Shares Transferred

		 		 	

 Received Certificate No. _______ 
 For _______________ Shares 
 This ____ day of ______ 19 ____ 
                                       
                                        
                                     
                                       
                                        
                                     







 For value received, _______________________________________ hereby sell, assign and transfer unto
_____________________, 
 ____________ shares of the Common Capital Stock represented by the within certificate, and do hereby irrevocably constitute and
appoint _____________________________, attorney, to transfer the said stock on the books of the within-named company, with full power of substitution in the premises. 
 Dated_____________, 19_______. 
 _______________________________________ [L.S.] 
 In the presence of 
 __________________________ 
 Stock 
 Certificate 
 Bank Building Corporation
Exhibit 32.1

Certification of Periodic Financial Report

Pursuant to 18 U.S.C. 1350, the undersigned, Charles E. Johnson, the chief executive officer of Proliance International, Inc. (the ‘‘issuer’’), does hereby certify that the report on Form 10-K accompanying this certification (the ‘‘report’’) fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)) and that information contained in the report fairly presents, in all material respects, the financial condition and results of operations of the issuer.

/s/ Charles E. JohnsonCharles E. Johnson
President and Chief Executive Officer
(chief executive officer)
Proliance International, Inc.
March 31, 2008


---
Exhibit (3.4)

# ARTICLES OF AMENDMENT
TORESTATED ARTICLES OF INCORPORATION OF MIDWEST EXPRESS
HOLDINGS, INC.

# Pursuant to Sections
180.1001, 1003 and 1006 of the Wisconsin Business Corporation Law

I,
Robert S. Bahlman, Senior Vice President and Chief Financial Officer of Midwest Express
Holdings, Inc., a corporation organized and existing under the Wisconsin Business
Corporation Law (the Corporation), DO HEREBY CERTIFY:

1.              The
amendment set forth below in its entirety has been duly adopted in           accordance
with the provisions of Sections 180.1001 and 180.1003 of the           Wisconsin Business
Corporation Law.

2.              The
amendment is as follows: To amend and restate in its entirety Article Four           as
follows:

ARTICLE FOUR:
CLASSES OF STOCK

The
total number of shares of all classes of stock which the Corporation shall have the
authority to issue is fifty-five million (55,000,000) shares which shall be divided into
two classes as follows:

| | (1)              Five
million (5,000,000) shares of Preferred Stock without par vale; and
| | -----------------------------------------------------------------------------------------

| | (2)              Fifty
million (50,000,000) shares of Common Stock of the par value of One Cent
          ($0.01) per share.
| | -----------------------------------------------------------------------------------------------------------------------------

3.              The
remaining provisions of the Corporations Restated Articles of
          Incorporation remain unaffected by the amendment and are in full force and
          effect.

4.              The
amendment was duly adopted by the Corporations Board of Directors on           July
30, 2003, and its shareholders on November 21, 2003 in accordance with the
          Corporations Restated Articles of Incorporation and By-laws and Sections
          180.1001 and 180.1003 of the Wisconsin Statutes.

Executed
on behalf of the Corporation as of this 21st day of November, 2003.

| | MIDWEST EXPRESS HOLDINGS, INC.
| | ------------------------------
| | By:  /s/ Robert S. Bahlman    
| | Robert S. Bahlman             
| | Senior Vice President and     
| | Chief Financial Officer       

This document was drafted by, and
after filing should be returned to, Angela L. Malzahn, Foley & Lardner,
777 East Wisconsin Avenue, Milwaukee, Wisconsin  53202-5306.
#### AMICA MUTUAL INSURANCE, Plaintiff and Respondent, v. Carl F. SCHETTLER, Defendant and Appellant.

No. 870123.

Supreme Court of Utah.

June 10, 1987.

*642Phil L. Hansen, Salt Lake City, for defendant and appellant.

S. Baird Morgan, Mark J. Taylor, Salt Lake City, for plaintiff and respondent.

ORDER

PER CURIAM:

Plaintiff moves for summary dismissal of this appeal as premature. Plaintiff requests that this Court award it attorney fees for having to defend this appeal. Rule 33(a) of the Rules of the Utah Supreme Court is invoked as appropriate under the circumstances.

Defendant has brought four appeals in this and related cases. Only one was certified final under Rule 54(b) of the Utah Rules of Civil Procedure. This Court dismissed one appeal on its own motion and another on motion of plaintiff. As it had done in the previous appeal dismissed on its motion, plaintiff requested that defendant stipulate to the dismissal of the appeal here under review. Counsel for defendant refused.

The trial court’s order striking defendant’s answer for failure to comply with discovery orders was not certified final under Rule 54(b). An evidentiary hearing on plaintiff’s damages was still pending when this appeal was filed. The appeal is therefore dismissed as premature. Plaintiff is awarded costs and fees necessitated by this appeal.

The case is remanded to the trial court for a determination of a reasonable amount of attorney fees. So ordered.
**Exhibit      32.2**

**CERTIFICATION      PURSUANT TO**

**18      U.S.C. SECTION 1350,**

**AS      ADOPTED PURSUANT TO SECTION 906**

**OF      THE SARBANES-OXLEY ACT OF 2002**

|      |                                                                                                                                                           |   |   |                                             |
|-----------|----------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|--------|--------------------------------------------------|
|  By: | /s/ James              S. Cassano                                                                                                                         |   |   | Dated:              August 14,              2007 |
|      |                                                                                                                                                                |   |   |                                                  |
|      | James                S.                CassanoChief                Financial                Officer(Principal                Accounting and Financial Officer) |   |   |                                             |
**Exhibit 21.1****List of Subsidiaries**The following table lists the subsidiary of Mobile Services Group, Inc.:     **State or Other Jurisdiction of****Exact Name of Registrant as Specified in its Charter** **Incorporation or Organization**Mobile Storage Group, Inc. DelawareThe following table lists the subsidiaries of Mobile Storage Group, Inc.:     **State or Other Jurisdiction of****Exact Name of Registrant as Specified in its Charter** **Incorporation or Organization**A Better Mobile Storage Company CaliforniaMobile Storage Group (Texas), LP TexasMSG Investments, Inc. CaliforniaPort-A-Storage, Inc. CaliforniaStephens Storage, Inc. CaliforniaMobile Storage U.K. Finance LP United KingdomLIKO Luxembourg International s.a.r.l. LuxembourgMobile Storage (U.K.) Limited United KingdomRavenstock Tam (Hire) Limited United KingdomRavenstock MSG Limited United Kingdom
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
UNAUDITED  CONSOLIDATED  BALANCE  SHEET  AS OF JUNE 30,  1996 AND THE  UNAUDITED
CONSOLIDATED  STATEMENT  OF INCOME  FOR THE SIX MONTHS  ENDED  JUNE 30,  1996 OF
TEL-SAVE  HOLDINGS,  INC. AND  SUBSIDIARIES  AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATMENTS.
</LEGEND>
<MULTIPLIER>                                      1
<CURRENCY>                                        US DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              DEC-31-1995
<PERIOD-START>                                 JAN-01-1996
<PERIOD-END>                                   JUN-30-1996
<EXCHANGE-RATE>                                          1
<CASH>                                           9,422,000
<SECURITIES>                                   164,464,000
<RECEIVABLES>                                   20,611,000
<ALLOWANCES>                                       892,000
<INVENTORY>                                              0
<CURRENT-ASSETS>                               206,947,000
<PP&E>                                          20,829,000
<DEPRECIATION>                                     336,000
<TOTAL-ASSETS>                                 230,903,000
<CURRENT-LIABILITIES>                           28,781,000
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                           290,000
<OTHER-SE>                                     199,061,000
<TOTAL-LIABILITY-AND-EQUITY>                   230,903,000
<SALES>                                                  0
<TOTAL-REVENUES>                               108,080,000
<CGS>                                                    0
<TOTAL-COSTS>                                   93,861,000
<OTHER-EXPENSES>                                         0
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                       0
<INCOME-PRETAX>                                 11,934,000
<INCOME-TAX>                                     4,499,000
<INCOME-CONTINUING>                              7,435,000
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                     7,435,000
<EPS-PRIMARY>                                         0.16
<EPS-DILUTED>                                         0.15
        


</TABLE>