alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Carven Associates, Also Known as Carvan Associates, et al., Respondents, v American Home Assurance Corp., Appellant. (And a Third-Party Action.)

Order, Supreme Court, New York County (Myriam Altman, J.), entered on or about May 25, 1990, which denied defendant American Home’s motion to dismiss the action as time barred, unanimously affirmed, without costs.

At issue on this appeal is whether the dismissal of a previous action, based upon the same events as the present action, constitutes a dismissal for failure to prosecute within the meaning of CPLR 205 (a). The prior action, for property damage arising out of the collapse of a crane, was dismissed on the ground that plaintiff had failed to properly answer interrogatories, or to comply with other discovery requests. In granting dismissal, the court struck out proposed language which would have made the dismissal "with prejudice.” Subsequently, plaintiff commenced this action, based on the same accident, in New York County. On defendant’s motion to dismiss the action as time barred, the court held that the prior dismissal did not constitute a "neglect to prosecute” *370within the meaning of CPLR 205 (a), and that plaintiffs time to commence the present action was in effect extended in accordance with the statute.

Assuming that a dismissal for failure to comply with court ordered discovery may constitute a neglect to prosecute within the meaning of CPLR 205 (a) *(Ivory v Ekstrom,*98 AD2d 763), the dismissal in the instant case should not be so construed. The Trial Justice struck out the words "with prejudice”, and, it should be noted, that the plaintiff complied substantially with the discovery orders in the earlier action. Under these circumstances, the dismissal of the prior action should not be construed as a neglect to prosecute. Concur—Sullivan, J. P., Carro, Rosenberger, Ross and Smith, JJ.
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.

July 30, 2013

h0722 

# Order

Clerk July 30, 2013

146314

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 146314

COA: 310459

Wayne CC: 08

- 005166

- FC

WILLIAM EDWARD WESTBROOK,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the November 8, 2012

order of the Court of Appeals is considered, and it is DENI ED, because the defendant has

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

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

BOBBY RAY WILEY,

 Appellant,

v.

THE STATE OF TEXAS,

 Appellee.

§

§

§

§

§

 § 

No. 08-07-00196-CR

Appeal from the

Criminal District Court No.2

of Tarrant County, Texas 

(TC# 1041442D) 

O P I N I O N

Bobby Ray Wiley appeals a judgment convicting him of delivery of a controlled

substance of less than one gram. Appellant was convicted by a Tarrant County jury on June 13,

2007. Pursuant to his election, Appellant was sentenced by the trial court immediately following

the jury’s verdict. Appellant plead “true” to the enhancements presented by the State, and was

sentenced to 15 years’ imprisonment.

Appellant’s court appointed counsel has filed a brief in which he has concluded that the

appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v.

California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), by presenting a professional

evaluation of the record demonstrating why, in effect, there are no arguable grounds to be

advanced. See High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978); Currie v. State, 516

S.W.2d 684 (Tex.Crim.App. 1974); Jackson v. State, 485 S.W.2d 553 (Tex.Crim.App. 1972);

Gainous v. State, 436 S.W.2d 137 (Tex.Crim.App. 1969). A copy of counsel’s brief has been

delivered to Appellant, and Appellant has not exercised his right to file a pro se brief.
-2-

We have carefully reviewed the record and counsel’s brief, and agree that the appeal is

wholly frivolous and without merit. Further, we find nothing in the record that might arguably

support the appeal. The judgment is affirmed.

June 19, 2008

DAVID WELLINGTON CHEW, Chief Justice

Before Chew, C.J., McClure, and Carr, JJ.

(Do Not Publish)
Exhibit 32.2



AIRTRAN HOLDINGS, INC.

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 annual report of AirTran Holdings, Inc. (the Company) on
Form 10-K for the year ending December 31, 2003, as filed with the United States Securities and Exchange Commission on the date hereof (the Report), I, Stanley J. Gadek, Senior Vice President, Finance, Treasurer and Chief Financial
Officer of the Company, do hereby 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, 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|               |  |     |  |                                              
|-------------- |  | --- |  | ---------------------------------------------
|March 15, 2005 |  | By: |  | /s/ Stanley J. Gadek                         
|               |  |     |  | Stanley J. Gadek                             
|               |  |     |  | Senior Vice President, Finance, Treasurer and
|               |  |     |  | Chief Financial Officer
# L_2008301EN.01004001.xml

| 12.11.2008 | EN | Official Journal of the European Union | L 301/40 |
| --- | --- | --- | --- |

12.11.2008

EN

Official Journal of the European Union

L 301/40

---

Corrigendum to Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999

(
  Official Journal of the European Union L 210 of 31 July 2006
  )

On page 43, Article 27(4)(f):

for:

| ‘(ii) | the information required for ex ante verification of compliance with the additionality principle referred to in Article 15;’, |
| --- | --- |

‘(ii)

the information required for ex ante verification of compliance with the additionality principle referred to in Article 15;’,

ex ante

read:

| ‘(iii) | the information required for ex ante verification of compliance with the additionality principle referred to in Article 15;’; |
| --- | --- |

‘(iii)

the information required for ex ante verification of compliance with the additionality principle referred to in Article 15;’;

ex ante

on page 64, Article 90(1)(a):

for:

| ‘(a) | a period of three years following the closure of an operational programme as defined in Article 89(3);’, |
| --- | --- |

‘(a)

a period of three years following the closure of an operational programme as defined in Article 89(3);’,

read:

| ‘(a) | a period of three years following the closure of an operational programme as defined in Article 89(5);’; |
| --- | --- |

‘(a)

a period of three years following the closure of an operational programme as defined in Article 89(5);’;

on page 65, Article 93(2):

for:

‘For Member States whose GDP from 2001 to 2003 was below 85 % of the EU-25 average in the same period, as listed in Annex II, the deadline referred to in paragraph 1 shall be 31 December ...’,

read:

‘For Member States whose GDP from 2001 to 2003 was below 85 % of the EU-25 average in the same period, as listed in Annex III, the deadline referred to in paragraph 1 shall be 31 December ...’;

on page 65, Article 95, second paragraph:

for:

‘For that part of commitments still open on 31 December 2015, the time limit referred to in Article 93(2) ...’,

read:

‘For that part of commitments still open on 31 December 2015, the time limit referred to in Article 93(3) ...’.

---
# OR IGINA

DAVID GLENN BETTENCOURT Attorney at Law- Hawai'i Bar No. 970 Suite 304 Dillingham Transportation Bldg. 735 Bishop Street, Honolulu, Hawai'i 96813 Telephone: (808) 521-3491 Facsimile: (808) 521-7749 

# RECEIVED
Email: airlaw@pixi.com Attorney for OFFSHORE FLIGHT SCHOOL, INC. 

### OCT 06 2014 

### HEARING DOCKET

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARING WASHINGTON, D.C. 

# d-OIY- OGql

Inthe Matter of: ) FAA Case No. 2014WP910016 ) OFFSHORE FLIGHT SCHOOL, ) APPEARANCE OF COUNSEL INC ) DAVID GLENN BETTENCOURT; ) CERTIFICATE OF SERVICE )
APPEARANCE OF COUNSEL DAVID GLENN BETTENCOURT COMES NOW OFFSHORE FLIGHT SCHOOL, INC, by and through its President TOMOYUKI YOSHIZAWA, and hereby designates DAVID GLENN BETTENCOURT, pursuant to 14 C.F.R. 

### § 13.16(g), as its legal counsel and agent for service of documents inthis civil penaltyproceeding. DATED: Honolulu, Hawaii, 29 September 2014
OFFSHORE FLIGHT SCHOOL, INC.

# T~i::w-~~resident**1~1 ~.&r&f**  DAVID GLENN BETTENCOURT Attorney appearing as counsel for OFFSHORE FLIGHT SCHOOL, INC.UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARING WASHINGTON, D.C.
Inthe Matter of: ) FAA Case No. 2014WP910016 ) OFFSHORE FLIGHT SCHOOL, ) CERTIFICATE OF SERVICE 

## we ) ) )
CERTIFICATE OF SERVICE
The undersigned hereby certifies that onthe date set forthbelow, copies ofthe foregoing were duly served as set forth below: Certified Mail TO: Federal Aviation Administration ( ) Attention: HearingDocket Clerk, AGC-430 Wilbur Wright Building- Suite 2W1000 800 Independence Avenue SW Washington, DC 20591 (Original+ 3 copies)

Federal AviationAdministration ( ) Office ofRegional Counsel- ANM-7 NorthwestMountainRegion 1601 Lind Avenue, SW Renton, Washington First Class Mail (XX)

(XX)



### DA'l'hU' Honolulu.

### Hawaii,



### ~emu:~
AVID GLENN BET ENCOURT Attorney for OFFSHORE FLIGHT SCHOOL, INC.

2
Exhibit 21
Subsidiaries of the Registrant

---

Parent

Pacific
Northwest Bancorp

|Subsidiaries(a)                                |  | Percentage
of Ownership |   | Jurisdiction or
State of
Incorporation
|---------------------------------------------- |  | ----------------------- | - | --------------------------------------
|Pacific Northwest Bank                         |  | 100                     | % | Washington                            
|InterWest Capital Trust I                      |  | 100                     | % | Washington                            
|Pacific Northwest Financial Services, Inc. (b) |  | 100                     | % | Washington                            
|Pacific Northwest Insurance Agency, Inc. (b)   |  | 100                     | % | Washington                            
|InterWest Properties, Inc. (b)                 |  | 100                     | % | Washington                            

---

---
EXHIBIT 32.1





CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER


PURSUANT TO 18 U.S.C. 1350,


AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





I, Kam Shah, Chief Executive Officer and Chief Financial Officer of Webtradex International, Corp. (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 my knowledge:





(1) The Company's Quarterly Report on Form 10-Q for the quarter ended June 30, 2011, as filed with the Securities and Exchange Commission on the date hereof (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.








/s/ Kam Shah


Kam Shah


Chief Executive Officer


Chief Financial Officer





Date: August 4, 2011





___________


This certification accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.





A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version 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.
#### Commissioners of the State Insurance Fund, Respondent-Appellant, v Insurance Company of North America, Appellant-Respondent.

Order, Supreme Court, New York County (Beverly Cohen, J.), entered April 20, 1990, which granted the plaintiffs motion for summary judgment as to its first cause of action but denied it as to its second cause of action, and denied the defendant’s cross-motion for summary judgment dismissing the complaint, unanimously modified, on the law to grant the defendant’s cross-motion for summary judgment to the extent of dismissing the second cause of action, and otherwise unanimously affirmed, without costs.

This is an action by an insurer to recover another insurer’s pro rata contribution to a settlement paid in a personal injury action entitled *Brown v 44-55 Assocs.*(Bronx County Index No. 41929/86), wherein an injured employee brought an action against the owners of the site where he was injured. The defendants brought a third-party claim for indemnification against, *inter alia,*the injured plaintiffs employer.

The plaintiff Insurance Fund covered that employer on a workers’ compensation policy and on a separate employer’s liability policy. The defendant herein was a co-insurer on employer’s liability coverage, which included a "plain English” exclusion for claims arising out of an employee’s injury.

The IAS court properly concluded that there was an ambiguity as to whether or not this exclusion encompassed contribution and indemnity, since the defendant did not provide for the exclusion in clear and unmistakable language *(Clarostat Mfg. Co. v Travelers Indem. Co.,*115 AD2d 386). Ambiguities are to be resolved against the insurer, particularly as to exclusion clauses *(see, North Riv. Ins. Co. v United Natl. Ins. Co.,*152 AD2d 500, *lv dismissed*75 NY2d 865). We find no reason not to follow the rules of construction favoring the insured where the exclusion clause is in conformity with the "plain language” requirements of Insurance Law § 3102.

Whether defendant is responsible for half of a workers’ compensation lien waived by the plaintiff in the *Brown*settlement presents no triable issue. There is no liability as a matter of law. This is not a case where a claim for the waived lien is made by a workers’ compensation insurer against a co-insurer under workers’ compensation *(cf., Matter of Bertone v La Cal Causle Corp.,*26 NY2d 147). Concur—Sullivan, J. P., Milonas, Wallach, Ross and Kassal, JJ.
Exhibit 31.2**Certification**I, Catherine M. Hogan, certify that:     1. I have reviewed this report on Form 10-K, and all reports on Form 10-D required to befiled in respect of the period covered by this report on Form 10-K of the American Express CreditAccount Master Trust (the “Exchange Act periodic reports”);     2. Based on my knowledge, the Exchange Act periodic reports, taken as a whole, does notcontain any untrue statement of a material fact or omit to state a material fact necessary to makethe statements made, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;     3. Based on my knowledge, all of the distribution, servicing or other information required tobe provided under Form 10-D for the period covered by this report is included in the Exchange Actperiodic reports;     4. Based on my knowledge and the servicer compliance statements required in this report underItem 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, theservicers have fulfilled their obligations under the servicing agreements in all material respects;and     5. All of the reports on assessment of compliance with servicing criteria for asset-backedsecurities and their related attestation reports on assessment of compliance with servicingcriteria for asset-backed securities required to be included in this report in accordance with Item1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit tothis report, except as otherwise disclosed in this report. Any material instances of noncompliancedescribed in such reports have been disclosed in this report on Form 10-K.     In giving the certifications above, I have reasonably relied on information provided to me bythe following unaffiliated parties: The Bank of New York and Regulus Group LLC.Date: March 14, 2008     By: /s/ Catherine M. Hogan     Name: Catherine M. Hogan    Title:   President,               American Express Receivables Financing Corporation III LLC
C OURT OF A PPEALS FOR THE
F IRST D ISTRICT OF T EXAS AT H OUSTON



### O RDER

Appellate case name: In re Wellborn Tire Company and Mark Woodson Garney

A ppellate case number: 01

- 1 9

- 0 0 407

- CV

Trial court case number: 8 5268

- CV

Trial court: 239 th District Court of Brazoria County

R elator s , Wellborn Tire Company and Mark Woodson Garney

, ha ve filed a petition for a writ of mandamus

. Relators also have filed a n emergency motion for
temporary relief requesting a stay of “the deadline [s] for compliance with the trial court’s challenged June 3, 2019 order.” Relators ’ motion is granted

. The trial court’s June 3

, 2019 order in Cause No. 85268

- CV

, James Harold Pry and wife, Lisa Pry v. Wellborn Tire Company

- Houston and Mark Woodson Garney

, pending in the 239th District Court

of Brazoria County, Texas, is stayed. The stay is effective until disposition of relator s ’ petition for a writ of mandamus or further order of this Court.

The Court requests a response to the petition for a writ of mandamus from re al
part ies in interest

. The response if any, is due no later than Tuesday, June 18, 2019

. It is so ORDERED.

Judge’s signature:

___

/s/ Julie Countiss

______  Acting individually Acting for the Court

Date: __ June 4, 2019

__
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of State

          - [Public Notice: 7754]

                    Acting under the authority of and in accordance with section 1(b) of Executive Order 13224 of September 23, 2001, as amended by Executive Order 13268 of July 2, 2002, and Executive Order 13284 of January 23, 2003, I hereby determine that the entity known as al-Qa'ida Kurdish Battalions (AQKB), also known as Kurdistan Brigades, also known as, Kurdistan Battalion of Islamic State in Iraq, also known as Kurdistan Brigade of al-Qaeda in Iraq, committed, or poses a significant risk of committing, acts of terrorism that threaten the security of U.S. nationals or the national security, foreign policy, or economy of the United States.                          ( print page 2119)    

Consistent with the determination in section 10 of Executive Order 13224 that “prior notice to persons determined to be subject to the Order who might have a constitutional presence in the United States would render ineffectual the blocking and other measures authorized in the Order because of the ability to transfer funds instantaneously,” I determine that no prior notice needs to be provided to any person subject to this determination who might have a constitutional presence in the United States, because to do so would render ineffectual the measures authorized in the Order.

                    This notice shall be published in the                     **Federal Register**                    .                

Dated: January 3, 2012.

Hillary Rodham Clinton,

Secretary of State.

[FR Doc. 2012-607 Filed 1-12-12; 8:45 am]

BILLING CODE 4710-10-P
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2031 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2031

To extend the temporary suspension of duty on o-tert-Butylcyclohexanol.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 29, 2009

 Mr. Menendez introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
To extend the temporary suspension of duty on o-tert-Butylcyclohexanol.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. O-TERT-BUTYLCYCLOHEXANOL.

    (a) In General.--Heading 9902.11.62 of the Harmonized Tariff 
Schedule of the United States (relating to o-tert-Butylcyclohexanol) is 
amended by striking the date in the effective period column and 
inserting ``12/31/2011''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
II 

111TH CONGRESS 

1ST SESSION S. 2073 

To extend the temporary suspension of duty on 2-(isocyanatosulfonyl)benzoic 

acid, ethyl ester. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 29, 2009 

Mr. CARPER introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To extend the temporary suspension of duty on 2- 

(isocyanatosulfonyl)benzoic acid, ethyl ester. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. 2-(ISOCYANATOSULFONYL) BENZOIC ACID, 

4 ETHYL ESTER. 

5 (a) IN GENERAL.—Heading 9902.11.96 of the Har6 monized Tariff Schedule of the United States (relating to 

7 2-(isocyanatosulfonyl)benzoic acid, ethyl ester) is amended 

8 by striking ‘‘12/31/2009’’ and inserting ‘‘12/31/2011’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 subsection (a) applies to goods entered, or withdrawn from 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•S 2073 IS

1 warehouse for consumption, on or after the 15th day after 

2 the date of the enactment of this Act. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS