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).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

STEVEN LEE VARNUM,

 Petitioner - Appellant,

 v.

RICHARD KIRKLAND,

 Respondent - Appellee.

No. 09-15350

D.C. No. 2:04-cv-02659-GEBCHS

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Garland E. Burrell, District Judge, Presiding

Submitted April 20, 2011** 

Before: RYMER, THOMAS, and PAEZ, Circuit Judges.

California state prisoner Steven Lee Varnum appeals from the district

court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have

jurisdiction under 28 U.S.C. § 2253, and we affirm.

FILED

APR 28 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 09-15350

Varnum contends that the state court’s denial of his motion to suppress his

confession was a violation of his Fifth Amendment right to silence and counsel

under Miranda v Arizona, 384 U.S. 436 (1966). The state court denial of

Varnum’s motion was not an unreasonable determination of the facts and was

neither contrary to, nor an unreasonable application of, clearly established law as

determined by the Supreme Court of the United States. See 28 U.S.C. § 2254(d);

Davis v. United States, 512 U.S. 452, 459 (1994) (invocation of Miranda right to

counsel must be unambiguous such that a reasonable officer in light of the

circumstances would understand the statement to be invoking the right to counsel).

AFFIRMED.
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 19-0328

STATE OF MONTANA,

Plaintiff and Appellee,

v.

DAVID RICHARD SENTI,

Defendant and Appellant.

ORDER

Upon consideration of Appellant’s motion for extension of time, 

and good cause appearing,

IT IS HEREBY ORDERED that Appellant is granted an extension 

of time to and including December 18, 2020, within which to prepare, 

file, and serve Appellant’s opening brief on appeal.

Electronically signed by:

James Jeremiah Shea

Justice, Montana Supreme Court

November 12 2020

11/12/2020

Case Number: DA 19-0328
III

106TH CONGRESS

2D SESSION S. CON. RES. 102

To commend the bravery and honor of the citizens of Remy, France, for

their actions with respect to Lieutenant Houston Braly and to recognize

the efforts of the 364th Fighter Group to raise funds to restore the

stained glass windows of a church in Remy.

IN THE SENATE OF THE UNITED STATES

APRIL 4, 2000

Mrs. FEINSTEIN submitted the following concurrent resolution; which was

referred to the Committee on the Judiciary

CONCURRENT RESOLUTION

To commend the bravery and honor of the citizens of Remy,

France, for their actions with respect to Lieutenant

Houston Braly and to recognize the efforts of the 364th

Fighter Group to raise funds to restore the stained glass

windows of a church in Remy.

1 Resolved by the Senate (the House of Representatives

2 concurring),

Whereas on August 2, 1944, a squadron of P–51s from the

United States 364th Fighter Group strafed a German

munitions train in Remy, France;

Whereas the resulting explosion killed Lieutenant Houston

Braly, one of the attacking pilots, and destroyed much of
2

•SCON 102 IS

the village of Remy, including 7 stained glass windows in

the 13th century church;

Whereas despite threats of reprisals from the occupying German authorities, the citizens of Remy recovered Lieutenant Braly’s body from the wreckage, buried his body with

dignity and honor in the church’s cemetery, and decorated the grave site daily with fresh flowers;

Whereas on Armistice Day, 1995, the village of Remy renamed the crossroads near the site of Lieutenant Braly’s

death in his honor;

Whereas the surviving members of the 364th Fighter Group

desire to express their gratitude to the brave citizens of

Remy; and

Whereas to express their gratitude, the surviving members of

the 364th Fighter Group have organized a nonprofit corporation to raise funds through its project ‘‘Windows for

Remy’’ to restore the church’s stained glass windows:

Now, therefore, be it

1 Resolved by the Senate (the House of Representatives

2 concurring), That Congress—

3 (1) commends the bravery and honor of the citi4 zens of Remy, France, for their actions with respect

5 to the American fighter pilot Lieutenant Houston

6 Braly, during and after August 1944; and

7 (2) recognizes the efforts of the surviving mem8 bers of the United States 364th Fighter Group to
3

•SCON 102 IS

1 raise funds to restore the stained glass windows of

2 Remy’s 13th century church.

Æ
Docket No. FAA-.J.b ID-I\Is Record of Ex Parte Contacts ~irectorate

# Identifier:-2'£JgrP:r~8i;-I-AP With whom outside the FAA has tbis AD ~ctionbeen discussed (i.e., Design Approval Holder, manufacturer, 

### ATA, NBAA, RAA~ AOP

# Ai, ALPA, GAMA, ete)? (You might need to submit a separate 

## I • record to the Rules Docket. The AD Manual defines "Ex PaTte Contacts. ") \~ ORGANIZATION PERSON CONTACCTED DATE RESPONSE 

### Air Transport Mr. Joe White Feb. 5,2008 Concur. 

### Association I I I I

Other/Additional Infonnation:
#### The ESTATE OF James F. COVINGTON, Jr., Deceased, Appellant, v. Leondres Pryon YOUNG, et ux., et al., Appellees.

No. 87-1109.

District Court of Appeal of Florida, Fifth District.

March 10, 1988.

Cynthia Z. Mackinnon and Russell K. Dickson of Fisher, Rushmer, Werrenrath, Keiner, Wack & Dickson, P.A., Orlando, for appellant.

Christopher K. Kay and James A. Gusti-no of Swann & Haddock, P.A., Orlando, for appellees Still.

No appearance for appellees Young and Flagship Bank.

COBB, Judge.

This cause began as a foreclosure action brought by Leondres Pryon Young and Judith Eloise Young (the Youngs) against the appellees, Wilfred F. Still and Jacqueline H. Still (the Stills). While the suit was pending the Stills filed a third-party complaint for indemnification against appellant, The Estate of James F. Covington, Jr., and Flagship Bank. The trial court granted summary judgment for the Stills on the issue of liability on the indemnity claim prior to any determination that the Stills were liable in the main foreclosure proceeding. The entry of judgment against Covington on the claim of indemnity, prior to any finding of liability in favor of the plaintiff on the main claim, constitutes premature action on the part of the trial court. *See Jerome Nagelbush, Inc. v. Frank J. Rooney, Inc.,*342 So.2d 121 (Fla. 3d DCA 1977); *see also Mitsubishi International Corp. v. Zayre Corp.,*479 So.2d 877 (Fla. 3d DCA 1985); *Maple Chair Company v. W.S. Badcock Corp.,*385 So. 2d 1036 (Fla. 1st DCA 1980).

Accordingly, the order entered below is reversed without prejudice and subject to further proceedings pending the out*361come of the main claim.1

REVERSED and REMANDED.

SHARP, C.J., and DANIEL, J., concur.

1

. Covington has filed a notice indicating that the estate has settled the underlying foreclosure action with the Youngs, resulting in a voluntary dismissal with prejudice of the foreclosure action. While the Stills have apparently not suffered any damages in the settlement of the claim, a remand is proper, since they may be able to allege recoverable damages below. Among the damages properly recoverable are attorney’s fees incurred in the defense of the claim indemnified against; however, it should be noted that attorney’s fees incurred in establishing the right to indemnification are not recoverable. *United States Automobile Association v. Hartford Insurance Company,*468 So.2d 545, 548 (Fla. 5th DCA), *petition for review denied,*476 So.2d 676 (Fla.1985); *see also Snider v. Continental Insurance Company,*519 So.2d 12 (Fla. 5th DCA 1987).
EXHIBIT
32.2





CERTIFICATION
OF VICE PRESIDENT OF CORPORATE FINANCE


PURSUANT
TO 18 U.S.C. SECTION 1350


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002




The
undersigned, the Chief Financial Officer of Universal Travel Group (the
"Company"), does hereby certify under the standards set forth and solely for the
purposes of 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form 10-Q of the
Company for the quarter ended March 31, 2010 fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and information contained in that Form 10-Q fairly presents, in all material
respects, the financial condition and results of operations of the
Company.




Dated:
      May 10, 2010
            
            
            
            /s/ Yizhao ZhangYizhao
      Zhang
              Chief
      Financial Officer
**Exhibit 31.2****CERTIFICATIONS**I, Gary J. Bench, certify that:     (1) I have reviewed this Quarterly Report on Form 10-Q of CNX Gas Corporation;     (2) Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light of thecircumstances which such statements were made, not misleading with respect to the period covered bythis report;     (3) Based on my knowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in this report;     (4) The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange of Act Rules 13a-15(e) and15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules13a-15(f) and 15d-15(f)) for the registrant and have:     a. Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe registrant, including its consolidated subsidiaries, is made known to us by others with inthose entities, particularly during the period in which this report is being prepared;     b. [Paragraph omitted pursuant to SEC release Nos. 33-8238 and 34-47986];     c. Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on such evaluation; and     d. Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent quarter (the registrant’s fourthquarter in the case of an annual report) that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financial reporting; and     (5) The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of registrant’s board of directors (or persons performing the equivalent functions):     a. All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affect theregistrant’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 havea significant role in the registrant’s internal control over financial reporting.Date: November 2, 2006                                                                      /s/ Gary J. Bench   **Gary J. Bench**   **Chief Financial Officer**  
35
#### Bernard G. LUCERO, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

No. 83SC351.

Supreme Court of Colorado, En Banc.

Oct. 17, 1985.

ORDER OF COURT

Upon consideration of the record on appeal and briefs filed herein, and having heard the oral arguments of counsel,

IT IS ORDERED that the Writ of Certio-rari previously issued is hereby DISMISSED as improvidently granted.
III

106TH CONGRESS

1ST SESSION S. CON. RES. 73

Expressing the sense of the Congress regarding Freedom Day.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 10, 1999

Mr. LIEBERMAN submitted the following concurrent resolution; which was

referred to the Committee on the Judiciary

CONCURRENT RESOLUTION

Expressing the sense of the Congress regarding Freedom

Day.

Whereas on November 9, 1989, the Berlin Wall was torn

down by those whom it had imprisoned;

Whereas the fall of the Berlin Wall has become the preeminent symbol of the end of the Cold War;

Whereas the Cold War, at its essence, was a struggle for

human freedom;

Whereas the end of the Cold War was brought about in large

measure by the dedication, sacrifice, and discipline of

Americans and many other peoples around the world

united in their opposition to Soviet Communism;

Whereas freedom’s victory in the Cold War against Soviet

Communism is the crowning achievement of the free
2

•SCON 73 IS

world’s long 20th century struggle against totalitarianism; and

Whereas it is highly appropriate to remind Americans, particularly those in their formal educational years, that

America paid the price and bore the burden to ensure the

survival of liberty on this planet: Now, therefore, be it

1 Resolved by the Senate (the House of Representatives

2 concurring), That it is the sense of the Congress that—

3 (1) a Freedom Day should be celebrated each

4 year in the United States; and

5 (2) the United States should join with other na6 tions, specifically including those which liberated

7 themselves to help end the Cold War, to establish a

8 global holiday called Freedom Day.

Æ
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 20

- 0168 STATE OF MONTANA,

Plaintiff and Appellee, v. JAMES R. LOWRANCE ,

Defendant and Appellant.

**ORDER** Upon consideration of c ounsel’s motion to withdraw as counsel of record, and good cause appearing, IT IS HEREBY ORDERED that the Defendant and Appellant in this matter shall file a response to this motion within thirty ( 30) days of the date of this Order. The response must be served upon all counsel of record, including the Attorney General, the County Attorney, and the Appellate Defender Division’s Office. IT IS FURTHER ORDERED that the Clerk of this Court give notice of this Order by mail to all counsel of record and to the Defendant and Appellant at his last known address.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

April 13 2021

04/13/2021

Case Number: DA 20-0168
[Federal Register Volume 77, Number 60 (Wednesday, March 28, 2012)]
[Notices]
[Page 18787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7410]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE


Submission for OMB Review; Comment Request

    The Department of Commerce will submit to the Office of Management 
and Budget (OMB) for clearance the following proposal for collection of 
information under the provisions of the Paperwork Reduction Act (44 
U.S.C. Chapter 35).
    Agency: Bureau of Industry and Security.
    Title: Miscellaneous Short Supply Activities.
    OMB Control Number: 0694-0102.
    Form Number(s): N/A.
    Type of Request: Regular Submission.
    Burden Hours: 201 hours.
    Number of Respondents: 1 respondent.
    Average Hours per Response: 201 hours per response.
    Needs and Uses: This information collection is comprised of two 
rarely used short supply activities: ``Registration of U.S. 
Agricultural Commodities for Exemption From Short Supply Limitations on 
Export'', and ``Petitions for the Imposition of Monitoring or Controls 
on Recyclable Metallic materials; Public Hearings.'' These activities 
are statutory in nature and, therefore, must remain a part of BIS's 
information collection budget authorization.
    Affected Public: Businesses and other for-profit institutions.
    Frequency: On occasion.
    Respondent's Obligation: Required to obtain benefits.
    OMB Desk Officer: Jasmeet Seehra, Fax number (202) 395-7285.
    Copies of the above information collection proposal can be obtained 
by calling or writing Jennifer Jessup, Departmental Paperwork Clearance 
Officer, (202) 482-0336, Department of Commerce, Room 6616, 14th and 
Constitution Avenue NW., Washington, DC 20230 (or via the Internet at 
<a href="/cdn-cgi/l/email-protection#630909061010161323070c004d040c15"><span class="__cf_email__" data-cfemail="f298989781818782b2969d91dc959d84">[email protected]</span></a>.
    Written comments and recommendations for the proposed information 
collection should be sent within 30 days of publication of this notice 
to Jasmeet Seehra, Office of Management and Budget (OMB), by email to 
<a href="/cdn-cgi/l/email-protection#1c766f7979746e7d5c73717e3279736c327b736a"><span class="__cf_email__" data-cfemail="0d677e6868657f6c4d62606f2368627d236a627b">[email protected]</span></a>, or by fax to (202) 395-7285.

    Dated: March 23, 2012.
Glenna Mickelson,
Management Analyst, Office of the Chief Information Officer.
[FR Doc. 2012-7410 Filed 3-27-12; 8:45 am]
BILLING CODE 3510-33-P


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</html>
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 62 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
S. CON. RES. 62

Recognizing and honoring the heroic efforts of the Air National Guard's 
 109th Airlift Wing and its rescue of Dr. Jerri Nielsen from the South 
                                 Pole.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 27, 1999

  Mr. Schumer (for himself and Mr. Moynihan) submitted the following 
  concurrent resolution; which was referred to the Committee on Armed 
                                Services

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
Recognizing and honoring the heroic efforts of the Air National Guard's 
 109th Airlift Wing and its rescue of Dr. Jerri Nielsen from the South 
                                 Pole.

Whereas the 109th Airlift Wing of the Air National Guard is based at Stratton 
        Air National Guard Base in Glenville, New York;
Whereas the 109th was called upon by the United States Antarctic Program to 
        undertake a medical evacuation mission to the South Pole to rescue Dr. 
        Jerri Nielsen, a physician who diagnosed herself with breast cancer;
Whereas the 109th is the only unit in the world trained and equipped to attempt 
        such a mission;
Whereas the 10 crew members were pilot Maj. George R. McAllister Jr., senior 
        mission commander Col. Marion G. Pritchard, co-pilot Maj. David 
        Koltermann, navigator Lt. Col. Bryan M. Fennessy, engineer Ch. M. Sgt. 
        Michael T. Cristiano, loadmasters Sr. M. Sgt. Kurt A. Garrison and T. 
        Sgt. David M. Vesper, flight nurse Maj. Kimberly Terpening, and medical 
        technicians Ch. M. Sgt. Michael Casatelli and M. Sgt. Kelly McDowell;
Whereas the crew departed Stratton Air Base for McMurdo Station in Antarctica 
        via Christchurch, New Zealand, on October 6, 1999;
Whereas on October 15, 1999, Aircraft No. 096 departed McMurdo for the South 
        Pole, where the temperature was approximately -53 degrees Celsius;
Whereas Major McAllister piloted a 130,000 pound LC-130 Hercules cargo plane 
        equipped with Teflon-coated skis to a safe landing on an icy runway with 
        visibility barely above minimums established for safe operations;
Whereas less than 25 minutes later, following an emotional goodbye and brief 
        medical evaluation, Dr. Nielsen and the crew headed back to McMurdo 
        Station;
Whereas the mission lasted 9 days and covered 11,410 nautical miles; and
Whereas Major McAllister became the first person ever to land on a polar ice cap 
        at this time of year: Now, therefore, be it
    Resolved by the Senate (the House of Representatives concurring), 
That Congress recognizes and honors the crew of the Air National 
Guard's 109th Airlift Wing for its heroic efforts in rescuing Dr. Jerri 
Nielsen from the South Pole.
                                 <all>
```
#### Ex parte Michael Ray JORDAN. (Re Michael Ray Jordan v. State).

1921800.

Supreme Court of Alabama.

Dec. 3, 1993.

David G. Flack, Montgomery, for petitioner.

James H. Evans, Atty. Gen., for respondent.

ALMON, Justice.

The petition for the writ of certiorari is denied.

In denying the petition for the writ of certiorari, this Court does not wish to be understood as approving all the language, reasons, or statements of law in the Court of Criminal Appeals’ opinion. *Horsley v. Horsley,*291 Ala. 782, 280 So.2d 155 (1973).

WRIT DENIED.

HORNSBY, C.J., and HOUSTON, KENNEDY and COOK, JJ., concur.