alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### CHEMCO PRODUCTS, INC., an Oklahoma Corporation, Appellee, v. MOLEY PRODUCE COMPANY, INC., an Oklahoma Corporation, et al., Appellants.

No. 55039.

Supreme Court of Oklahoma.

July 29, 1980.

As Corrected Aug. 13, 1980.

Parks, Beard & Williamson by Michael J. Beard, Tulsa, for appellants.

Morehead, Savage, O’Donnell, McNulty & Cleverdon by Richard A. Gann, Tulsa, for appellee.

OPALA, Justice:

This appeal is sought to be prosecuted from a decision which vacates in part a default judgment. It grants the defendant-appellant a new trial on the issue of damages, but leaves undisturbed the adverse prior default adjudication of its liability. Appellee moved to dismiss the appeal as premature because it is sought to be prosecuted from an interlocutory decision. We hold the appeal is properly here because the order in question falls within the category of those which are reviewable by right under the terms of 12 O.S.1971 § 952(b)2.

It is hornbook law that any intermediate or interlocutory order — be it one rendered in pre-judgment or post-judgment stages — which falls into a class of decisions from which an appeal is authorized by stat*301ute is *reviewable by right Attaway v. Watkins,*171 Okl. 102, 41 P.2d 914, 915 [1935]. The terms of 12 O.S.1971 § 952(b)2 set forth, *inter alia,*that an order which (a) “grants or refuses [to grant] a new trial” or (b) “vacates or refuses to vacate a final judgment” is subject to review in this court. An order which vacates a judgment is analogous to, or the functional equivalent of, one that grants a new trial. It is hence reviewable by right. *Lamme v. Skelton, 106 Okl. 214, 233*P. 705 [1923]; *Pennsylvania Co. v. Potter,*108 Okl. 49, 233 P. 700 [1925]; *B*—R *Electric & Telephone Mfg. Co. v. Town of Wewoka,*113 Okl. 225, 239 P. 919, 920 [1925]; *Halliburton et al. v. Williams,*166 Okl. 248, 27 P.2d 360 [1933]; *Busby v. Eaves,*205 Okl. 346, 237 P.2d 445, 448 [1951]. An order granting a partial new trial is appealable to the same extent as one which allows a complete retrial. *Hallford v. Schumacher,*Okl., 323 P.2d 989 [1958]; *Holland v. Sears,*Okl., 348 P.2d 538 [1960]. A decision which grants partial new trial *after*vacating a prior judgment in the exercise of powers under 12 O.S.1971 § 1031 falls into the very same functional — though not procedural — category of dispositions reviewable by right as does one which allows partial retrial upon a new trial motion pursuant to 12 O.S.1971 § 651. An order declining to grant a complete retrial and one which refuses to vacate the entire judgment stand under the same rubric of reviewability. Each is but the functional equivalent of the other. *Price v. Price,*Okl., 471 P.2d 894 [1970]; *Attaway v. Watkins,*supra.

In short, the order from which this appeal is sought to be prosecuted is reviewable by right both because it (a) grants a partial new trial and (b) vacates in part a final judgment. 12 O.S.1971 § 952(b)2. *Ambrister v. Donehew et al.,*183 Okl. 595, 83 P.2d 544, 546 [1938]; *Magnolia Pipe Line Co. v. Ricks,*190 Okl. 145, 121 P.2d 570 [1942],

Motion to dismiss is denied.

LAVENDER, C. J., IRWIN, V. C. J., and WILLIAMS, BARNES and SIMMS, JJ., concur.
#### STATE of Oklahoma, Petitioner, v. The Honorable Alma WILSON, District Judge, 21st Judicial District, Cleveland County, Respondent.

No. 54635.

Supreme Court of Oklahoma.

March 18, 1980.

*257Jan Eric Cartwright, Atty. Geii. of Okl., C. Elaine Alexander, Asst. Atty. Gen., Oklahoma City, for petitioner.

Kay E. Huff, Dist. Atty., Ross N. Lillard III, Asst. Dist. Atty., Norman, for respondent.

DOOLIN, Justice:

This Court has no authority to order payment for a transcript or record sought by an indigent party seeking relief by federal habeas corpus. The indigent seeks no state remedy, but federal relief from an enhanced or increased sentence by virtue of an unconstitutional state statute, 10 O.S. Supp.1969 § 1101, declared so in *Bromley v. Crisp,*561 F.2d 313 (10th Cir. 1977) cert. den. 435 U.S. 908, 98 S.Ct. 1458, 55 L.Ed.2d 499 (1978) and *Edwards v. State,*591 P.2d 313 (Okl. 1979).1

Whether a full transcript, record or other indicia (28 U.S.C. § 2254) of the hearing held by the District Court of Cleveland County in the instant case pursuant to the valid order of the United States Court for the Western District of Oklahoma, is necessary, is a federal question which we are willing to leave for determination by the United States Courts.

JURISDICTION ASSUMED: WRIT DENIED.

All the Justices concur.

1

. A similar resolution may be found in *Ross v. Moffitt,*417 U.S. 600, 94 S.Ct. 2437, 41 L.Ed.2d 341 (1974). Mr. Justice Rehnquist therein held because review by certiorari in the United States Supreme Court is conferred by federal statutes, the state is not required to provide counsel to an indigent petitioning to that Court, even though it initiated the prosecution leading to the sought after review.
Commodity Credit Corporation (CCC) Monthly Inventory Report

As of February 27, 2023

(Million Units Except as Noted)

CCC Commodity

Unit of

Measure

Outstanding

Under Loan

CY 2021

Outstanding

Under Loan

CY 2022

CCC-Owned

Inventory

(Actual Units)

Butter Pounds - - -

Cheese Pounds - - -

Nonfat Dry Milk Pounds - - -

Barley Bushels 0.0 0.7 0.0

Corn Bushels 0.7 262.2 0.0

Oats Bushels 0.0 0.2 0.0

Sorghum Cwt. 0.0 0.4 0.0

Soybeans Bushels 0.1 41.3 0.0

Wheat Bushels 0.1 7.6 0.0

Rice Cwt. 0.1 16.6 0.0

Refined Sugar Pounds 93.0 1,041.5 0.0

In-process Beet Pounds 0.0 943.0 0.0

Raw Cane Sugar Pounds 0.0 1,460.8 0.0

In-process Cane Pounds - - -

Honey Pounds 0.0 0.0 0.0

Peanuts

Tons (not

millions) 0.0 1,811,300.0 0.0

Canola Seed* Cwt. 0.0 204.0 0.0

Crambe* Cwt. - - -

Flaxseed* Cwt. 0.0 10.0 0.0

Mustard Seed* Cwt. 0.0 0.0 0.0

Rapeseed* Cwt. - - -

Safflower Seed* Cwt. 0.0 0.0 0.0

Sesame Seed* Cwt. - - -

Sunflower Seed (Oil)* Cwt. 0.0 172.0 0.0

Sunflower Seed (Other)* Cwt. 0.0 38.0 0.0

Dry Peas* Cwt. 0.0 60.0 0.0

Lentils* Cwt. 0.0 23.0 0.0

Chickpeas* Cwt. 6.0 35.0 0.0

Upland Cotton

1,000

Running

Bales 0.0 3,948.0 0.0

ELS Cotton

1,000

Running

Bales 0.0 215.3 0.0
 

 

 

 

 

 

 

 

 

 

Notes:

 *Minor Oilseeds & Pulses are in thousand units.

 CCC acquired 2021 Crop Year Upland (if not specified) and ELS cotton because of the following

months' forfeited Marketing Assistance Loans:

o 3 bales from July, 20 bales from August, 15 bales from September, 33 bales from

October and 1 bale from November 2022.

o Invitations sold all 3 bales in August, 20 bales in September, 15 bales in October, 33

bales in November and 1 bale in December.

o In total, there were 0 bales of cotton in inventory as of February 27, 2023.

Report Completed March 7, 2023.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

DERRICK L. JONES,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D22-1034

[October 12, 2022]

Appeal of order denying rule 3.850 motion from the Circuit Court for 

the Seventeenth Judicial Circuit, Broward County; Barbara R. Duffy, 

Judge; L.T. Case No. 06-2012-018500-CF-10A.

Derrick L. Jones, Pahokee, pro se.

No appearance required for appellee.

PER CURIAM.

Affirmed. See Hammond v. State, 34 So. 3d 58, 60-61 (Fla. 4th DCA 

2010) (where a movant files an initial brief, and fails to establish that the 

claim can be amended in good faith, this court will not remand the matter).

CONNER, FORST and ARTAU, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 74 Received in Senate (RDS)]

  1st Session
H. CON. RES. 74

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 9, 2001

                                Received

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
Authorizing the use of the Capitol Grounds for the 20th annual National 
                   Peace Officers' Memorial Service.

    Resolved by the House of Representatives (the Senate concurring),

SECTION 1. USE OF CAPITOL GROUNDS FOR NATIONAL PEACE OFFICERS' MEMORIAL 
              SERVICE.

    The National Fraternal Order of Police and its auxiliary shall be 
permitted to sponsor a public event, the 20th annual National Peace 
Officers' Memorial Service, on the Capitol Grounds on May 15, 2001, or 
on such other date as the Speaker of the House of Representatives and 
the Committee on Rules and Administration of the Senate may jointly 
designate, in order to honor the law enforcement officers who died in 
the line of duty during 2000.

SEC. 2. TERMS AND CONDITIONS.

    (a) In General.--The event authorized by section 1 shall be free of 
admission charge to the public and arranged not to interfere with the 
needs of Congress, under conditions to be prescribed by the Architect 
of the Capitol and the Capitol Police Board.
    (b) Expenses and Liabilities.--The National Fraternal Order of 
Police and its auxiliary shall assume full responsibility for all 
expenses and liabilities incident to all activities associated with the 
event.

SEC. 3. EVENT PREPARATIONS.

    Subject to the approval of the Architect of the Capitol, the 
National Fraternal Order of Police and its auxiliary are authorized to 
erect upon the Capitol Grounds such stage, sound amplification devices, 
and other related structures and equipment, as may be required for the 
event authorized by section 1.

SEC. 4. ENFORCEMENT OF RESTRICTIONS.

    The Capitol Police Board shall provide for enforcement of the 
restrictions contained in section 4 of the Act of July 31, 1946 (40 
U.S.C. 193d; 60 Stat. 718), concerning sales, advertisements, displays, 
and solicitations on the Capitol Grounds, as well as other restrictions 
applicable to the Capitol Grounds, with respect to the event authorized 
by section 1.

            Passed the House of Representatives May 8, 2001.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
```
In The Matter Of: 

SERVED: March 14,2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket No. F AA-2015-2439 

CLEARDAY AVIATION, INC. 

) 

) 

) 

) 

) 

Case No. 2013EA390075 

Respondent 

ORDER DISMISSING PROCEEDING 

On March 8, 2016, a Third Order Continuing the Rule 16 Litigation Scheduling 

Conference was filed. Among other things, this Order set a May 2, 2016 deadline for the parties 

to file an updated Rule 26(f) Proposed Scheduling/Discovery Plan, and continued the Litigation 

Scheduling Conference to May 9, 2016. 

On March 11, 2016, the FAA filed the Agency's Withdrawal of Complaint, stating "[t]he 

Agency ... pursuant to a settlement agreement, withdraws its Complaint in this matter." 

After having reviewed the case file, all pleadings and motions, all relevant caselaw, 

statutes, regulations, rules, and authority, and being fully advised; 

IT IS HEREBY ORDERED: 

1. The May 2, 2016 deadline for the parties to submit a Rule 26( f) Proposed 

Scheduling/Discovery Plan is cancelled. 

2. The Rule 16 Litigation Scheduling Conference, set for May 9, 2016, at 2:30p.m. Eastern 

time, is cancelled. 

3. Pursuant to 14 C.F.R. § 13.215, the Respondent has withdrawn its Request for Hearing, 

and this proceeding is dismissed with prejudice. 

Attachment: Service List 

-- :_j 
,. 

Docket No. FAA-2015-2439 

(Civil Penalty Action) 

SERVICE LIST-BY U.S. MAIL 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

ORIGINAL & ONE COPY 

Attention: Hearing Docket Clerk, AGC--430 

Wilbur Wright Building-Suite 2Wl 0001 

Mr. Zachary M. Berman 

Complainant's Counsel 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3258 

FAX: 718-995-5699 

Mr. H. Bruce Brandon 

Respondent's Counsel 

3439 South Aviation Drive 

Burlington, NC 27215 

TEL: 336-358-6300 

FAX: 336-286-7050 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

ONE COPY 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.
AMS All Purpose Egg Mix Contractor Microbial Performance - Fiscal Year: 20201/,2/

Standard Plate Count3/ Total Coliforms4/ Salmonella5/

Contractor

# Lots Produced 

(% of Total)

# Exceeding 

Critical Limit

% Exceeding 

Critical Limit

# Exceeding 

Critical Limit

% Exceeding 

Critical Limit # Positive % Positive

C1 97 (100.0) 0 0 0 0 0 0

Total 97 (100.0) 0 0 0 0 0 0

1/A full description of the all purpose egg mix purchase program specification is available at https://www.ams.usda.gov/selling-food/product-specs#Eggs. 2/Production Dates: October 1, 2019 to September 30, 2020.

3/Standard Plate Count Critical Limit: 1,000 CFU/g.

4/Total Coliforms Critical Limit: 10 CFU/g.

5/Salmonella Critical Limit: Positive (+) Result / 25g.
391 A.2d 682

#### Commonwealth v. Griffiths, Appellant.

Argued March 27,1978.

Carmen C. Nasuti, for appellant; A. Joseph Rieffel, Assistant District Attorney, and Edward G. Rendell, District Attorney, for Commonwealth, appellee.

Judgment of sentence affirmed.
**Exhibit 32.1**

**CERTIFICATIONPURSUANT TO**

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

**ASADOPTED PURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

I, Leslie A.Blodgett , Chief Executive Officer, and I, Myles B. McCormick, Chief FinancialOfficer, each certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that theQuarterly Report of Bare Escentuals, Inc. (the “Company”) on Form 10-Q forthe quarterly period ended July 1, 2007, fully complies with the requirementsof Section 13(a) or 15(d) of the Securities Exchange Act of 1934and that information contained in such Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company.

Date: August 14,2007
|        | By:    | /s/ LESLIE A. BLODGETT                                                       |
|--------|--------|------------------------------------------------------------------------------|
|   |   | Leslie A. Blodgett                                                           |
|   |   | Chief Executive Officer and Director                                         |
|   | By:    | /s/ MYLES B. MCCORMICK                                                       |
|   |   | Myles B. McCormick                                                           |
|   |   | Senior Vice President, Chief Financial Officer and  Chief Operations Officer |

 

The foregoing certificationis being furnished solely pursuant to 18 U.S.C. Section 1350 and is notbeing filed as part of the Report or as a separate disclosure document.

----
AMS Frozen Pasteurized Whole Eggs Microbial Performance - Fiscal Year: 20221/,2/

Standard Plate Count3/ Total Coliforms4/ Salmonella5/

Contractor

# Lots Produced 

(% of Total)

# Exceeding 

Critical Limit

% Exceeding 

Critical Limit

# Exceeding 

Critical Limit

% Exceeding 

Critical Limit # Positive % Positive

C1 11 (5.5) 0 0 0 0 0 0

C2 89 (44.5) 0 0 0 0 0 0

C3 47 (23.5) 0 0 0 0 0 0

C4 49 (24.5) 0 0 0 0 0 0

C5 4 (2.0) 0 0 0 0 0 0

Total 200 (100.0) 0 0 0 0 0 0

1/A full description of the frozen pasteurized whole eggs purchase program specification is available at https://www.ams.usda.gov/selling-food/product-specs#Eggs. 2/Production Dates: October 1, 2021 to September 30, 2022. 3/Standard Plate Count Critical Limit: 1,000 CFU/g.

4/Total Coliforms Critical Limit: 10 CFU/g.

5/Salmonella Critical Limit: Positive (+) Result / 25g.
Exhibit 32.2

Certification of CFO Pursuant to

18 U.S.C.
Section 1350,

As Adopted Pursuant to

Section 302 of the Sarbanes-Oxley Act of 2002

In connection with the Quarterly Report on Form 10-Q of JER Investors Trust Inc. (the Company) for the quarterly period ended September 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the
Report), J. Michael McGillis, as Chief Financial Officer of the Company hereby certifies, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of his knowledge:

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

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

Date: November 9, 2009



/s/    J. Michael McGillisName:

J. Michael McGillisTitle:

Chief Financial Officer
April 9, 2015



### JUDGMENT 

## The Fourteenth Court of Appeals

JEREMY DESHAWN DUGAR , Appellant

NO. 14

- 14

- 00245

- CR V.

THE STATE OF TEXAS , Appellee

________________________________ This cause was heard on the transcript of the record of the court below. The record reveals error in the judgment. The Court orders the judgment REVERSED and the cause REMANDED for further proceeding in accordance with its opinion. We further order this decision certified below for observance.
**EXHIBIT 32.1**

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICERPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Peter C. Mann, certify, pursuant to 18 U.S.C.Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that this quarterly report of Prestige BrandsHoldings, Inc. on Form 10-Q for the period ended June 30, 2005fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934, as applicable, and that informationcontained in such quarterly report fairly presents in all material respects thefinancial condition and results of operations of Prestige Brands Holdings, Inc.

 
|   | **/s/ PETER C. MANN** |
|--------|-----------------------|
|   | Name:                 | Peter C.  Mann |
|   | Title:                | Chairman,  President and Chief Executive  Officer |
|   | Date:                 | August 9,  2005 |

 

1

----
[No. 17523-1-II.

Division Two.

June 7, 1996.]

#### Mainlander Services Corporation, *Respondent,*v. Alina Borkowski, *Appellant.*

Appeal from a judgment of the Superior Court for Clark County, No. 91-2-02212-1, Barbara D. Johnson, J., entered August 10, 1993. *Affirmed*by unpublished opinion per Bridgewater, J., concurred in by Seinfeld, C.J., and Morgan, J.
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 628 Agreed to Senate (ATS)]

<DOC>

115th CONGRESS
  2d Session
S. RES. 628

      To authorize document production by the Select Committee on 
    Intelligence in United States v. Paul J. Manafort, Jr. (D.D.C.)

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 12, 2018

  Mr. McConnell (for himself and Mr. Schumer) submitted the following 
             resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
      To authorize document production by the Select Committee on 
    Intelligence in United States v. Paul J. Manafort, Jr. (D.D.C.)

Whereas, the prosecution in United States v. Paul J. Manafort, Jr., Cr. No. 17-
        201, currently pending in the United States District Court for the 
        District of Columbia, has requested a copy of a transcript of an 
        interview of W. Samuel Patten conducted by the Select Committee on 
        Intelligence;
Whereas, by the privileges of the Senate of the United States and Rule XI of the 
        Standing Rules of the Senate, no evidence under the control or in the 
        possession of the Senate can, by administrative or judicial process, be 
        taken from such control or possession but by permission of the Senate;
Whereas, when it appears that documents, papers, and records under the control 
        or in the possession of the Senate may promote the administration of 
        justice, the Senate will take such action as will promote the ends of 
        justice consistent with the privileges of the Senate: Now, therefore, be 
        it
    Resolved, That the Chairman and Vice Chairman of the Senate Select 
Committee on Intelligence, acting jointly, are authorized to provide to 
the prosecution in United States v. Paul J. Manafort, Jr., under 
appropriate security procedures, a copy of the transcript of the 
Committee's interview of W. Samuel Patten and exhibits referenced in 
the interview.
                                 <all>
```
CERTIFICATIONPURSUANT 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
FalconTarget, Inc. (the “Company”) on Form 10-Q/A for the
fiscal quarter ended December 31, 2008, as filed with the Securities
and Exchange Commission on the date hereof (the “Report”),
the undersigned hereby certifies, pursuant to 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that to the undersigned’s knowledge:

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

and

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

FalconTarget, Inc.

Date: June 21, 2009

By:   /s/   Thomas Kirchner

Thomas Kirchner

Chief Executive Officer, Principal
Financial Officer

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

* 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.