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NOT FOR PUBLICATION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

JEFFREY J. RICE,

 Plaintiff - Appellant,

 v.

HOUSEHOLD FINANCE CORP., II; et

al.,

 Defendants - Appellees.

No. 09-35889

D.C. No. 1:08-cv-03131-PA

MEMORANDUM*

Appeal from the United States District Court

for the District of Oregon

Owen M. Panner, District Judge, Presiding

Submitted October 25, 2011** 

Before: TROTT, GOULD, and RAWLINSON, Circuit Judges. 

Jeffrey J. Rice appeals pro se from the district court’s summary judgment in

his action arising out of foreclosure proceedings. We have jurisdiction under 28

U.S.C. § 1291. We review de novo. United States v. Johnson Controls, Inc., 457

FILED

NOV 03 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 09-35889

F.3d 1009, 1012 (9th Cir. 2006). We affirm. 

Summary judgment was proper on Rice’s Truth in Lending Act claims

seeking rescission and damages because Rice brought his action more than three

years after the loan’s closing and more than one year after his alleged notice

seeking rescission, and, thus, these claims were time-barred. See 15 U.S.C. §

1635(f) (“An obligor’s right of rescission shall expire three years after the date of

consummation of the transaction or upon the sale of the property . . . .”); 15 U.S.C.

§ 1640(e) (an action for damages must be brought within one year of the date of

alleged violation).

Contrary to Rice’s contentions, the security interest did not become void

upon his unilateral notification of cancellation less than one month before the

foreclosure sale. See Yamamoto v. Bank of N.Y., 329 F.3d 1167, 1172 (9th Cir.

2003). 

Rice’s remaining contentions, including those concerning discovery and

defendants’ lack of standing to initiate foreclosure proceedings, are unpersuasive. 

We do not consider matters not specifically and distinctly raised and argued

in the opening brief, nor arguments and allegations raised for the first time on

appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009) (per curiam).

AFFIRMED.
**EXHIBIT32.1**

BRIGGS & STRATTON CORPORATION AND SUBSIDIARIES

2006 Annual Report on Form 10-K

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

Inconnection with the Annual Report of Briggs & Stratton Corporation (the “Company”)on Form 10-K for the fiscal year ended July 2, 2006, as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I, JohnS. Shiely, Chief Executive Officer of the Company, certify, pursuant to 18U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002,that to the best of my knowledge:

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

(2)  Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.
| /s/ John S. Shiely      |   |
|-------------------------|--------|
| John S. Shiely          |   |
| Chief Executive Officer |   |
| September 1, 2006       |   |

 

Thiscertification accompanies this Report pursuant to Section 906 of theSarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company forpurposes of Section 18 of the Securities Exchange Act of 1934, as amended.

Asigned original of this written statement required by Section 906 has beenprovided to the Company and will be retained by the Company and furnished tothe Securities and Exchange Commission or its staff upon request.

 

----
EXHIBIT 21

Subsidiaries


     Avcon Industries, Inc., a Kansas Corporation

     Butler National Services, Inc., a Florida Corporation,
     formerly Lauderdale Services, Inc.

     Butler National Corporation Consulting Engineers, Inc.,
     a Kansas Corporation, formerly HSD, Inc.

     Butler National Service Corporation, a Delaware Corporation

     Butler National, Inc., a Nevada Corporation
     
     Butler Temporary Services, Inc., a Missouri Corporation

     Woodson Avionics, Inc., a Nebraska Corporation

     Cansas International Corporation, a Delaware Corporation

     R F, Inc., a Missouri Corporation

     Valu Foods, Inc., a Kansas Corporation
<PAGE>
#### In the Matter of Laurice R. Cushion, as Executive Deputy Commissioner of the Erie County Department of Social Services, Appellant, v Dennis T. Gorski, as County Executive of the County of Erie, et al., Respondents.

—Judgment unanimously reversed on the law with costs, motion denied, petition reinstated and matter remitted to Supreme Court for further proceedings, in accordance with the following Memorandum: Petitioner was employed in the civil service position of Executive Deputy Commissioner of the Erie County Department of Social Services. With the adoption of Erie County’s 1989 budget, however, her position was abolished. While a public employer may in good faith abolish a civil service position for reasons of economy or efficiency *(see, Matter of Aldazabal v Carey,*44 NY2d 787; *Matter of Wipfler v Klebes,*284 NY 248; *Matter of O’Donnell v Kirby,*112 AD2d 936), a position may not be abolished as a subterfuge to avoid the statutory protection afforded to civil servants *(see, Switzer v Sanitary Dist. No. 7,*59 AD2d 889, 890, *appeal dismissed*43 NY2d 845). The issue whether petitioner’s position was abolished in good faith cannot be resolved on the moving papers. *994A trial is required *(see, Matter of Terrible v County of Rock-land,*81 AD2d 837, 838). (Appeal from Judgment of Supreme Court, Erie County, Ostrowski, J.—Article 78.) Present—Dillon, P. J., Boomer, Green, Pine and Davis, JJ.
NOTE: This disposition is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________ 

IN RE: THE SWATCH GROUP MANAGEMENT 

SERVICES AG (THE SWATCH GROUP 

MANAGEMENT SERVICES SA) (THE SWATCH 

GROUP MANAGEMENT SERVICE LTD.),

Appellants

______________________ 

2014-1669

______________________ 

Appeal from the United States Patent and Trademark 

Office, Trademark Trial and Appeal Board in No. 

85485359.

______________________ 

JUDGMENT

______________________ 

JEFFREY A. LINDENBAUM, Collen IP, Ossining, NY, argued for appellants. Also represented by JESS M. COLLEN. 

MARY BETH WALKER, Office of the Solicitor, United 

States Patent and Trademark Office, Alexandria, VA, 

argued for appellee. Also represented by CHRISTINA 

HIEBER, THOMAS L. CASAGRANDE, NATHAN K. KELLEY. 

______________________ 

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED: 
 

 PER CURIAM (PROST, Chief Judge, BRYSON and 

HUGHES, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

 ENTERED BY ORDER OF THE COURT

 April 16, 2015 /s/ Daniel E. O’Toole

 Date Daniel E. O’Toole 

 Clerk of Court
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1320 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 1320

      To amend title 13, United States Code, to require that any 
 questionnaire used in determining the decennial census of population 
shall contain an option for respondents to indicate citizenship status 
    or lawful presence in the United States, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 22, 2019

 Mr. King of Iowa (for himself, Mr. Allen, Mr. Brooks of Alabama, Mr. 
  Duncan, Mr. Mooney of West Virginia, and Mr. Gibbs) introduced the 
 following bill; which was referred to the Committee on Oversight and 
                                 Reform

_______________________________________________________________________

                                 A BILL

 
      To amend title 13, United States Code, to require that any 
 questionnaire used in determining the decennial census of population 
shall contain an option for respondents to indicate citizenship status 
    or lawful presence in the United States, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Census Accuracy Act of 2019''.

SEC. 2. CITIZENSHIP OR LAWFUL PRESENCE STATUS ON CENSUS QUESTIONNAIRES.

    Section 141 of title 13, United States Code, is amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following:
    ``(g) In conducting the 2020 decennial census and each decennial 
census thereafter, the Secretary shall include in any questionnaire 
distributed or otherwise used for the purpose of determining the total 
population by States--
            ``(1) a checkbox or other similar option for respondents to 
        indicate whether the respondent is a citizen or national of the 
        United States, is lawfully admitted for permanent residence in 
        the United State, is an alien who otherwise has lawful status 
        under the immigration laws, or none of these; and
            ``(2) in connection with the option relating to status 
        under the immigration laws, a question regarding which Federal 
        program or provision of law accorded the respondent such 
        status.''.
                                 <all>
```
# C_2004094EN.01003201.xml

| 17.4.2004 | EN | Official Journal of the European Union | C 94/32 |
| --- | --- | --- | --- |

17.4.2004

EN

Official Journal of the European Union

C 94/32

---

Action brought on 4 March 2004 by the Commission of the European Communities against the Republic of Finland

(Case C-115/04)

(2004/C 94/72)

An action against the Republic of Finland was brought before the Court of Justice of the European Communities on 4 March 2004 by the Commission of the European Communities, represented by E. Traversa and M. Huttunen, acting as Agents, with an address for service in Luxembourg.

The Commission claims that the Court should:

| 1. | Declare that the Republic of Finland has failed to fulfil its obligations under Directive 2001/17/EC (1) of the European Parliament and of the Council of 19 March 2001 on the reorganisation and winding-up of insurance undertakings, 1 since it has not brought into force the laws, regulations and administrative provisions necessary to comply with the directive, or at least has not informed the Commission of them; |
| --- | --- |

1.

Declare that the Republic of Finland has failed to fulfil its obligations under Directive 2001/17/EC (1) of the European Parliament and of the Council of 19 March 2001 on the reorganisation and winding-up of insurance undertakings, 1 since it has not brought into force the laws, regulations and administrative provisions necessary to comply with the directive, or at least has not informed the Commission of them;

1

| 2. | Order Finland to pay the costs. |
| --- | --- |

2.

Order Finland to pay the costs.

Pleas in law and main arguments

The period prescribed for transposition of the directive expired on 20 April 2003.

---

(1)  OJ L 110 of 20.4.2001, p. 28.

1

---
# C_2012326EN.01004701.xml

| 26.10.2012 | EN | Official Journal of the European Union | C 326/1 |
| --- | --- | --- | --- |

26.10.2012

EN

Official Journal of the European Union

C 326/1

---

CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

PART SIX

INSTITUTIONAL AND FINANCIAL PROVISIONS

INSTITUTIONAL AND FINANCIAL PROVISIONS

TITLE II

FINANCIAL PROVISIONS

FINANCIAL PROVISIONS

CHAPTER 4

IMPLEMENTATION OF THE BUDGET AND DISCHARGE

Article 318

(ex Article 275 TEC)

(ex Article 275 TEC)

The Commission shall submit annually to the European Parliament and to the Council the accounts of the preceding financial year relating to the implementation of the budget. The Commission shall also forward to them a financial statement of the assets and liabilities of the Union.

The Commission shall also submit to the European Parliament and to the Council an evaluation report on the Union's finances based on the results achieved, in particular in relation to the indications given by the European Parliament and the Council pursuant to Article 319.

---
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

 Respondent

 v.

KEITH ALEXANDER,

 Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 41 EAL 2015

Petition for Allowance of Appeal from the

Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 15th day of April, 2015, the Petition for Allowance of Appeal is

DENIED.
Page 1 of 3

Disposition Comments

Docket No: FAA-2012-1305 These comments are in

Directorate ID: 2010-SW-041-AD response to an SNPRM

Originating Office Tracking No.: 

Next Step: FRAN SNPRM

 No Comments/Only Supportive Comments Received – If this box is checked, no signatures are 

required.

No Has the referenced service information been revised since the NPRM was issued? If yes, 

list latest revision and attach a copy. Note that changes beyond the scope of the previously 

published NPRM will require a new notice. Contact the Directorate focal point for guidance.

Instructions: Summarize all comments by issue (not by commenter) and provide your recommended resolution of 

each issue. All comments relating to the same issue should be discussed together. Do not list all of the issues 

from one commenter together. If changes to the AD are required based on the comments received, explain why and 

describe in detail what change(s) you recommend. Reference FAA-IR-M-8040.1C Chapter 9.

ISSUE 1: Select one of the following: 

If other, explain: 

Commenter(s): 

What change to the AD action is requested? 

Why is the change requested or how is it justified? 

Do we agree? 

If YES, we agree because Make the following changes to the AD: 

If PARTIALLY AGREE, we agree with because We disagree with because 

Make the following changes to the AD: 

If NO, we don’t agree because 

ISSUE 2: Select one of the following: 

If other, explain: 

Commenter(s): 

What change to the AD action is requested? 

Why is the change requested or how is it justified? 

Do we agree? 

If YES, we agree because Make the following changes to the AD: 

If PARTIALLY AGREE, we agree with because We disagree with because 

Make the following changes to the AD:
Page 2 of 3

If NO, we don’t agree because 

For additional issues, double-click here
Page 3 of 3

Signature Section

Signature indicates concurrence with this action.

Originating Office Tracking No.: 

ASE Printed Name: Date

Branch Manager Date
No. 01-15-00153-CV

IN THE COURT OF APPEALS 

FOR THE FIRST DISTRICT OF TEXAS 

Halima M. Mamo, a/k/a Ohalima M. Mamo, 

 Appellants, 

v.

First Colony Community Association, Inc., 

Appellee. 

From the District Court of Fort Bend County, Texas, 

240th Judicial District, Trial Court Case No. 09-DCV-171891

DESIGNATION OF LEAD COUNSEL FOR APPELLEE

FIRST COLONY COMMUNITY ASSOCIATION, INC. 

TO THE HONORABLE COURT: 

Appellee First Colony Community Association, Inc. (“Appellee”)

files this Designation of Lead Counsel pursuant to Texas Rule of 

Appellate Procedure 6.2 to notify the Court that Frank O. Carroll III, 

State Bar No. 24082785, of Roberts Markel Weinberg Butler Hailey PC, 

2800 Post Oak Blvd., 57th Floor, Houston, Texas 77056, makes an 

appearance in this appeal as lead counsel of record for Appellee. 

ACCEPTED

01-15-00153-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

4/16/2015 11:15:04 AM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 4/16/2015 11:15:04 AM CHRISTOPHER A. PRINE Clerk
Further, Mia B. Lorick, State Bar No. 24091415, of Roberts Markel 

Weinberg Butler Hailey PC, 2800 Post Oak Blvd., 57th Floor, Houston, 

Texas 77056, makes an appearance in this appeal as counsel for 

Appellee.

Respectfully submitted,

Roberts Markel Weinberg Butler Hailey PC

_____________________________________

FRANK O. CARROLL III

Texas State Bar No. 24082785

MIA B. LORICK

Texas State Bar No. 24091415

2800 Post Oak Blvd., 57th Floor

Houston, Texas 77056

Telephone: 713-840-1666

Facsimile: 713-840-9404

fcarroll@rmwbhlaw.com

ATTORNEY FOR APPELLEE, 

FIRST COLONY COMMUNITY

ASSOCIATION, INC.

CERTIFICATE OF COMPLIANCE

I hereby certify that this document is 302 words, as calculated by 

the word count feature of Microsoft Word 2010 (PC Edition).

_________________________________

FRANK O. CARROLL III
CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing 

instrument was served upon the parties listed below by facsimile, 

messenger, regular U.S. Mail, certified mail, return receipt requested 

and/or electronic service in accordance with the Texas Rules of 

Appellate Procedure on this the 16th day of April, 2015.

Barney Louis Stagner

2019 Stebbins

Houston, Texas 77043

_____________________________________

Frank O. Carroll III
[Federal Register Volume 78, Number 5 (Tuesday, January 8, 2013)]
[Notices]
[Page 1299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00164]


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

DEPARTMENT OF STATE

[Public Notice 8144]


In the Matter of the Designation of Abdelbasit Alhaj Alhassan Haj 
Hamad, Also Known as Abd Al-Basit, Also Known as Abdelbaset Alhaj 
Alhassan, Also Known as Abdel Basit Hag El-Hassan Hag Mohamed, Also 
Known as Abd-al-Basit Al-Hadj Hasan, Also Known as Abdel Basit al-Hajj 
Hassan, as a Specially Designated Global Terrorist Pursuant to Section 
1(b) of Executive Order 13224, as Amended

    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 individual known as Abdelbasit Alhaj 
Alhassan Haj Hamad, also known as Abd Al-Basit, also known as 
Abdelbaset Alhaj Alhassan, also known as Abdel Basit Hag El-Hassan Hag 
Mohamed, also known as Abd-al-Basit Al-Hadj Hasan, and also known as 
Abdel Basit al-Hajj Hassan 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.
    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: December 18, 2012.
Hillary Rodham Clinton,
Secretary of State.
[FR Doc. 2013-00164 Filed 1-7-13; 8:45 am]
BILLING CODE 4710-10-P
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.                  

###### Neighborhood Reinvestment Corporation

# TIME AND DATE:

2 p.m., Monday, April 30, 2012.

# PLACE:

1325 G Street NW., Suite 800, Boardroom, Washington, DC 20005.

# STATUS:

Open.

# CONTACT PERSON FOR MORE INFORMATION:

                        Erica Hall, Assistant Corporate Secretary, (202) 220-2376;                         *ehall@nw.org.*

# AGENDA:

I. Call To Order

II. Mid Year Review Discussion

III. Executive Session with Internal Audit Director

IV. Executive Session with Officers: Pending Litigation

V. Internal Audit Report with Management's Response

VI. Amendment to the FY 2012 Internal Audit Plan

VII. FY'13 Risk Assessment & DRAFT Internal Audit Plan

VIII. Internal Audit Performance Scorecard

IX. Internal Audit Status Reports

X. External Audit Updates

XI. National Foreclosure Mitigation Counseling (NFMC)/Emergency Homeowners Loan Program (EHLP) Update

XII. CFO Update

XIII. OHTS Watch List

XIV. Adjournment

Erica Hall,

Assistant Corporate Secretary.

[FR Doc. 2012-9955 Filed 4-20-12; 4:15 pm]

BILLING CODE 7570-02-P
DEPARTMENT OF THE AI R FORCE

HEADQUARTERS AIR FOR CE FLIGHT STANDARDS AGENCY

GLOBAL ACCESS FOR AMERICA 14 June 2016

MEMORANDUM FOR HQ FAA/AGC

- 10

FROM: HQ AFFSA/XOF

Bldg 4, Room 117

6500 S. MacArthur Blvd

Oklahoma City, OK 73169

SUBJECT: FAR Exemption 130 I (Regulatory Docket No. FAA

- 2001

- 9409)

1. FAA Exemption 130A was granted to the United States Air Force on 24 Mar 65, as amended

by 130 I on 13 May 2013

, and exempts us from the provisions of Section 91.159 (c). Our

requirement to conduct U

- 2 and RQ

- 4 operations at or above flight level 600 under the

provisions o f this exemption remains unchanged. We hereby request that the current

exemption be renewed IAW 14 CFR Part 11.

2. As operations under this exemption have been safely conducted for the past fifty years, the

Air Force requests your consideration in approvin g the renewal of this exemption. Since this

is a long

- standing exemption, the Air Force respectfully requests a 3

- year extension with no

changes to the current policy.

3. Please contact me with any questions at (405) 734

- 6950 or e

- mail: hqaffsa.xof@us.af.mil

.

MATTHEW J. NIENDORF, Major, USAF

Chief, Flight Directives Division
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 Annual Report of Luby’s, Inc. on Form 10-K for the fiscal year ended August 28, 2013, as filed with the Securities and Exchange Commission on the date hereof, I, Christopher J. Pappas, President and Chief Executive Officer of 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:



(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.





|                        |  |     |                                      
|----------------------- |  | --- | -------------------------------------
|                        |  |     |                                      
|Date: November 12, 2013 |  | By: | /s/    CHRISTOPHERJ. PAPPAS          
|                        |  |     | Christopher J. Pappas                
|                        |  |     | President and Chief Executive Officer