alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# U ni te d S ta te s Co ur t of A pp ea ls For the Eig hth Circu it

__ __ __ __ __ __ __ __ __ __ __ __ __ _ No. 1 7- 22 80

__ __ __ __ __ __ __ __ __ __ __ __ __ _ Derri ck W ay ne W al ke r
ll ll ll ll ll ll ll ll ll ll l Pla in ti

ff - App el la nt

v. Ty so n F oo ds Inc

ll ll ll ll ll ll ll ll ll ll l

Defe nd an t - Ap pe ll ee

__ __ __ __ __ __ App eal fro m

Uni te d S ta te s Di st ric t Co ur t fo r th e Eas te rn Dis tri ct of Ark an sa s - P in e Bl uf f

__ __ __ __ __ __ Su bm it te d: May 9, 20 18 Fi le d: May 24, 2 01 8 [Un pu bl is he d]

__ __ __ __ __ __ Befo re SHEPHERD, KELLY, an d GRAS Z, Circ ui t J ud ge s.

__ __ __ __ __ __ PER CURI AM.

Derri ck W al ke r ap pe al s afte r th e di st ric t cou rt 1 ad ve rs el y gr an te d a m ot io n to di sm is s hi s co m

pl ai nt as un ti m el y or in th e al te rn at iv e fo r su m m ary jud gm en t on th e

1 The Hon or ab le J. Leon Hol m es , Uni te d S ta te s Di st ric t J ud ge for th e Eas te rn Dis tri ct of Ark an sa s.m eri ts

. Hav in g caref ul ly rev ie wed th e reco rd an d th e pa rti es ’ arg um en ts on ap pe al , we co nc lu de th at th e di st ric t co ur t di d no t err in it s de ci si on

. See 42 U.S.C. § 20 00 e5( f)(1 ) (s ui t fil ed un de r Tit le VII m us t be br ou gh t wit hi n ni ne ty da y s aft er rece ip t of rig ht -to -s ue le tt er fro m Equ al Em pl oym en t Opp o r t u n i t y Co m m is si on ); Hil l v. Jo hn Ch ezi k Im

ps

. , 86 9 F.2 d 11 22 , 11 23 -2 4 (8 th Ci r. 19 89 ) (d is cu ss in g eq ui ta bl e to ll in g) ;
se e al so Torg ers on v. Ci ty of Ro ch es te r , 64 3 F

. 3 d 10 31 , 10 42 (8 th Ci r. 20 11 ) (en ba nc ) (s ta nd ard of rev ie w fo r su m m ary jud gm en t de ci si on s)

. W e al so co nc lu de th at th e di st ric t co ur t di d no t ab us e i t s d i s c r e ti on in de nyin g W al ke r ap po in te d co un se l. See Ph il li ps v. Ja sp er Ct y
. Ja il , 43 7 F.3 d 79 1, 79 4 (8 th Ci r. 20 06 ) (s ta nd ard of rev ie w; th ere is no co ns ti tu ti on al or st at ut or y rig ht to ap po in te d co un se l in c i v i l c as es ). Acco rd in gl y , th e jud gm en t i s af fir m ed

. See 8t h C ir. R . 47 B.

__ __ __ __ __ __ __ __ __ __ __ __ __ __ __

-2

-
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

ANGELA MARINUCCI,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 52 WAL 2024

Petition for Allowance of Appeal 

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 25th day of June, 2024, the Petition for Allowance of Appeal is 

DENIED.

Justice Wecht did not participate in the consideration or decision of this matter.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

PATRINA HALL, AKA Patrina Harrison, 

Plaintiff-Appellant, 

 v. 

IFIT HEALTH & FITNESS; ICON 

HEALTH & FITNESS / NORDICTRACK; 

UTS, 

Defendants-Appellees.

No. 22-16233 

D.C. No. 4:21-cv-10079-PJH 

MEMORANDUM*

Appeal from the United States District Court

for the Northern District of California

Phyllis J. Hamilton, District Judge, Presiding

Submitted February 21, 2024**

Before: FERNANDEZ, NGUYEN, and OWENS, Circuit Judges.

Patrina Harrison appeals pro se from the district court’s judgment dismissing 

her state law action for lack of subject matter jurisdiction. We have jurisdiction 

under 28 U.S.C. § 1291. We affirm. 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

FEB 27 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 22-16233 

In her opening brief, Harrison failed to address the grounds for dismissal and 

has therefore waived her challenge to the district court’s order. See Indep. Towers 

of Wash. v. Washington, 350 F.3d 925, 929 (9th Cir. 2003) (explaining that “we 

cannot manufacture arguments for an appellant and therefore we will not consider 

any claims that were not actually argued in appellant’s opening brief” (citation and 

internal quotation marks omitted)). 

AFFIRMED.
Exhibit 15.1














August 7, 2014





The Board of Directors and Shareholders


MCG Capital Corporation





We are aware of the incorporation by reference in the Registration Statements (Form S-8 No. 333-137565 and Form S-8 No. 333-167494) pertaining to the Third Amended and Restated 2006 Employee Restricted Stock Plan of MCG Capital Corporation and the Third Amended and Restated 2006 Non- Employee Director Restricted Stock Plan of MCG Capital Corporation of our report dated August 7, 2014 relating to the unaudited consolidated interim financial statements and schedules of MCG Capital Corporation that are included in its Form 10-Q for the quarter ended June 30, 2014 .








/s/ ERNST & YOUNG LLP
Burk€ Travel, Inc. R0B„,nii95 719 State Avenue 

P.O. Box 171195 

Kansas City, KS 66117-0195 

i:9m^21-130 6 • 800-328-3488 • Fax (913) 621-0732 —i~t 

March 1^,21710 — v- -, - -- - _^ 

The Honorable Ray LaHood r] 

Secretary " -,; 

United States Department of Transportation -^cg 

1200 New Jersey Avenue, SE g> 

Washington, D.C. 20590 .1 g 

Subject: Haneda Combination Services Allocation Proceeding DOT-OST-2010-0018 

Dear Secretary LaHood: 

As a dedicated travel partner of American Airlines, I am writing in support of 

American's application to provide new service from New York's John F. Kennedy 

International Airport and Los Angeles International Airport to Tokyo International 

Airport at Haneda. 

I recognize and applaud you and the Obama administration for your success last 

December in reaching a landmark Open Skies agreement with Japan, which opens 

up Haneda to service by U.S. airtines. 

I encourage your selection of American Airlines to provide nonstop service from New 

York and Los Angeles to Haneda in order to provide an essential connection between 

three of the world's largest financial and commerce centers. 

Recent events, including the successful preservation of Japan Airlines' oneworld 

Alliance membership, have underscored American's strong commitment to the transPacific market. American is likewise committed to New York and Los Angeles - both 

vital focal points of business, trade, entertainment, technology and education -

providing unsurpassed air service since the mid-1900s 

Both the New York and Los Angeles metro areas will gain significant economic 

benefits from these proposed new flights, as will American's customers and 

employees. However, we need your help to make the JFK & LAX/Haneda 

connection a reality. 

Therefore, I strongly urge you to say yes to American Airlines and its request for slots 

to fly from Kennedy and Los Angeles to Haneda! 

Sincerely,^ 

surke 

Burke Travel, Inc. 

www.burketravel.com • info@burketravel.conn
# C_2010328EN.01002902.xml

| 4.12.2010 | EN | Official Journal of the European Union | C 328/29 |
| --- | --- | --- | --- |

4.12.2010

EN

Official Journal of the European Union

C 328/29

---

Judgment of the General Court of 21 October 2010 — Umbach v Commission

(Case T-474/08) (1)

1

(Access to documents - Regulation (EC) No 1049/2001 - Documents relating to a contract concluded under the TACIS programme - Request for access concerning a dispute between the applicant and the Commission before a Belgian civil court - Partial refusal of access - Request for access based on the principles deriving from the EU Treaty - Overriding public interest)

2010/C 328/49

Language of the case: German

Parties

Parties

Applicant: Dieter C. Umbach (Bangkok, Thailand) (represented by: M. Stephani, lawyer)

Applicant:

Defendant: European Commission (represented by: P. Costa de Oliveira and T. Scharf, acting as Agents)

Defendant:

Re:

Re:

Application for annulment of the Commission’s decision of 2 September 2008 refusing the applicant access to certain data in documents concerning a contract headed ‘TACIS Service Contract No 98.0414’ relating to assistance in the drafting of an administrative code for the Russian Federation

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | dismisses the action; |
| --- | --- |

1.

dismisses the action;

| 2. | orders Mr Dieter C. Umbach to pay the costs. |
| --- | --- |

2.

orders Mr Dieter C. Umbach to pay the costs.

---

(1)  OJ C 32, 7.2.2009.

1

---
JUDGMENT

Court of Appeals 

 

First District of Texas 

NO. 01-13-01023-CV

LAVENA V. HIGHTOWER, Appellant

V.

THE STATE OF TEXAS, Appellee

Appeal from the 182nd District Court of Harris County. (Tr. Ct. No. 1270245).

After due consideration, the Court grants appellant Lavena V. Hightower’s motion 

to dismiss the appeal. Accordingly, the Court dismisses the appeal.

The Court orders that this decision be certified below for observance.

Judgment rendered January 29, 2015.

Per curiam opinion delivered by panel consisting of Justices Jennings, Massengale, and 

Lloyd.
# C_2008107EN.01002801.xml

| 26.4.2008 | EN | Official Journal of the European Union | C 107/28 |
| --- | --- | --- | --- |

26.4.2008

EN

Official Journal of the European Union

C 107/28

---

Appeal brought on 18 January 2008 by C. Michail against the judgment of the Civil Service Tribunal delivered on 22 November 2007 in Case F-67/05 Michail v Commission

(Case T-49/08 P)

(2008/C 107/47)

Language of the case: Greek

Parties

Appellant: Christos Michail (represented by C. Meïdanis, lawyer)

Appellant:

Other party to the proceedings: Commission of the European Communities

Other party to the proceedings:

Form of order sought by the appellant

| — | set aside the judgment of the Civil Service Tribunal in Case F-67/05 in so far as it does not rule upon financial compensation for the non-material harm which he suffered as a result of acts and omissions of the administrative authority; |
| --- | --- |

—

set aside the judgment of the Civil Service Tribunal in Case F-67/05 in so far as it does not rule upon financial compensation for the non-material harm which he suffered as a result of acts and omissions of the administrative authority;

| — | determine the financial compensation for the non-material harm to the appellant, which amounts to EUR 120 000; |
| --- | --- |

—

determine the financial compensation for the non-material harm to the appellant, which amounts to EUR 120 000;

| — | make an order as to costs as laid down by law. |
| --- | --- |

—

make an order as to costs as laid down by law.

Pleas in law and main arguments

The appellant submits that, in the contested judgment, the Civil Service Tribunal erred in ruling upon his application for annulment of his career development report for 2003 and of the decision of the appointing authority rejecting the complaints submitted by him under Article 90(2) of the Staff Regulations.

More specifically, the appellant contends that the Civil Service Tribunal wrongly refused to grant financial compensation for the non-material harm which he suffered as a result of his being assigned to the Directorate-General for Agriculture (DG AGRI) after the Directorate-General for Financial Control, within which he fell, was abolished. In the appellant's submission, the Civil Service Tribunal applied Community law incorrectly as a result of misappraisal of the evidence and contradictory reasoning.

The appellant also submits that the Civil Service Tribunal erred in refusing to rule upon a particular claim or otherwise that its judgment displays inadequate reasoning and therefore infringes fundamental procedural rights enjoyed by the appellant and breaches Community law.

---
<TABLE> <S> <C>

<ARTICLE>      5

<LEGEND>

</LEGEND>
<CIK>          0000909724
<NAME>         THE LEATHER FACTORY, INC.
<MULTIPLIER>                                  1
<CURRENCY>                                    US DOLLARS

<S>                           <C>
<PERIOD-TYPE>                 YEAR
<FISCAL-YEAR-END>                             DEC-31-1997
<PERIOD-START>                                JAN-01-1997
<PERIOD-END>                                  DEC-31-1997
<EXCHANGE-RATE>                               1
<CASH>                                        70,496
<SECURITIES>                                  0
<RECEIVABLES>                                 1,893,276
<ALLOWANCES>                                  28,000
<INVENTORY>                                   7,279,702
<CURRENT-ASSETS>                              10,315,187
<PP&E>                                        2,534,839
<DEPRECIATION>                                1,505,098
<TOTAL-ASSETS>                                17,024,549
<CURRENT-LIABILITIES>                         6,152,564
<BONDS>                                       0
<PREFERRED-MANDATORY>                         0
<PREFERRED>                                   0
<COMMON>                                      23,648
<OTHER-SE>                                    8,108,998
<TOTAL-LIABILITY-AND-EQUITY>                  17,024,549
<SALES>                                       25,399,116
<TOTAL-REVENUES>                              25,399,116
<CGS>                                         14,844,376
<TOTAL-COSTS>                                 14,844,376
<OTHER-EXPENSES>                              0
<LOSS-PROVISION>                              0
<INTEREST-EXPENSE>                            867,548
<INCOME-PRETAX>                               301,524
<INCOME-TAX>                                  231,232
<INCOME-CONTINUING>                           70,292
<DISCONTINUED>                                0
<EXTRAORDINARY>                               0
<CHANGES>                                     0
<NET-INCOME>                                  70,292
<EPS-PRIMARY>                                 0.01
<EPS-DILUTED>                                 0.01




</TABLE>
Exhibit 99.9


EXPERT CONSENT
 I, Alan B. Taylor, do hereby consent to the use of my name in (a) the Annual Information Form of Canadian Zinc Inc. (the “Company”) for the year ended December 31, 2013 (the “AIF”), and (b) the Management Discussion & Analysis of the Company for the year ended December 31, 2013 (the “MD&A”), being filed with the Annual Report on Form 40-F of the Company for the year ended December 31, 2013 with the United States Securities and Exchange Commission, and any amendments thereto, in connection with the scientific and technical information contained in the Company’s AIF and MD&A.
 Dated this 20thday of March, 2014.
 /s/ Alan B. Taylor
 Name: Alan B. Taylor, P. Geo
<PAGE>
                           [COLE NATIONAL LETTERHEAD]


                                                                      EXHIBIT 99

EXECUTIVE OFFICES

April 12, 2002

Office of the Chief Accountant
Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, D.C. 20549

RE: ARTHUR ANDERSEN LLP REPRESENTATIONS

Dear Madam or Sir:

Arthur Andersen LLP ("Andersen"), our independent public accountant, has
represented to us that its audit of our consolidated financial statements as of
February 2, 2002, was subject to Andersen's quality control system for its U.S.
accounting and auditing practice to provide reasonable assurance that the
engagement was conducted in compliance with professional standards, and that
there was appropriate continuity of Andersen personnel working on the audit,
availability of national office consultation, and availability of personnel at
foreign affiliates of Andersen to conduct the relevant portions of the audit.

Sincerely,

COLE NATIONAL GROUP, INC.


By /s/ Tracy L. Burmeister
  ---------------------------------------
       Tracy L. Burmeister
       Vice President, Accounting and Reporting
       (Principal Accounting Officer)
```

[Congressional Record Volume 158, Number 128 (Thursday, September 20, 2012)]
[House]
[Page H6232]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

           By Mr. OLSON:
       H.R. 6444.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8, Clause 3--The Congress shall have 
     Power To . . . regulate Commerce with foreign Nations, and 
     among the several States, and with the Indian Tribes 
     (Commerce Clause)
```
```

[Congressional Record Volume 158, Number 128 (Thursday, September 20, 2012)]
[House]
[Page H6162]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

               GOODLETTSVILLE LITTLE LEAGUE BASEBALL TEAM

  (Mrs. BLACK asked and was given permission to address the House for 1 
minute and to revise and extend her remarks.)
  Mrs. BLACK. From a small town in middle Tennessee, 13 young men 
recently became the 2012 Little League World Series U.S. Champions. 
These All-Stars from Goodlettsville, Tennessee, played with 
sportsmanship and talent beyond their years. In the U.S. championship 
game, Goodlettsville racked up 21 runs to become the first Tennessee 
team in history to clinch a U.S. title. This achievement is a testimony 
to their dedication and perseverance--qualities that will serve them 
well throughout their life.
  They have made their hometown, their parents, their coaches, and 
their Congressman very proud. I am confident that this achievement is 
just the beginning of more great things to come from each of them.
  Congratulations, boys.

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

**AS      ADOPTED PURSUANT TO**

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

| (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 the operations of                the                Company.  |
|-----------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| By:    | /s/                Michael S. McDevitt                                      |
|--------|-----------------------------------------------------------------------------|
|   |   Michael                S. McDevitt                              |
|   |   Chief                Executive Officer, Chief Financial Officer |
|   |   March                17, 2008                                   |

----
#### Charles Lesley AMES, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE.

No. 11483.

Circuit Court of Appeals, Eighth Circuit.

Aug. 1, 1939.

A. W. Clapp, Charles W. Briggs, and Wayne C. Gilbert, all of St. Paul, Minn., for petitioner.

James W. Morris, Asst. Atty. Gen., Sewall Key, Sp. Asst, to Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and C. E. Lowery, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C, for respondent.

PER CURIAM.

Cause remanded to Board of Tax Appeals for further proceedings, per stipulation of party.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AS AT JUNE 30, 2000 AND THE RELATED CONSOLIDATED
STATEMENTS OF OPERATIONS FOR THE SIX MONTHS ENDED JUNE 30, 2000 AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                          10,707
<SECURITIES>                                         0
<RECEIVABLES>                                    6,958
<ALLOWANCES>                                       541
<INVENTORY>                                          0
<CURRENT-ASSETS>                                18,973
<PP&E>                                           1,221<F1>
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  25,449<F2>
<CURRENT-LIABILITIES>                            5,733
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           280
<OTHER-SE>                                      19,436
<TOTAL-LIABILITY-AND-EQUITY>                    25,449
<SALES>                                         10,292
<TOTAL-REVENUES>                                10,292
<CGS>                                            3,253
<TOTAL-COSTS>                                    3,253
<OTHER-EXPENSES>                               (1,423)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  (897)
<INCOME-TAX>                                        80
<INCOME-CONTINUING>                              (977)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (977)
<EPS-BASIC>                                     (0.04)
<EPS-DILUTED>                                   (0.04)

<FN>
<1> PP&E IS NET OF ACCUMULATED DEPRECIATION OF $4,674.
<2> TOTAL ASSETS INCLUDE $307 OF OTHER ASSETS AND INVESTMENTS OF $1,437.
</FN>

</TABLE>
**Exhibit
      32.2**




**CERTIFICATION
      PURSUANT TO 18 U.S.C. SECTION 1350,**


**AS
      ADOPTED PURSUANT TO**


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




In
      connection with the Quarterly Report on Form 10-QSB/A of Blast Energy Services,
      Inc. (the “Company”) for the period ended June 30, 2005 as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), I, John
      O’Keefe, Co-Chief Executive Officer, Chief Financial Officer and Principal
      Accounting Officer of the Company, 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:
      June 2, 2006




By:
            /s/
                John O’KeefeJohn
                O’KeefeCo-Chief
                Executive OfficerChief
                Financial OfficerPrincipal
                Accounting Officer
# C_2009113EN.01002904.xml

| 16.5.2009 | EN | Official Journal of the European Union | C 113/29 |
| --- | --- | --- | --- |

16.5.2009

EN

Official Journal of the European Union

C 113/29

---

Order of the President of the Court of 26 February 2009 — Commission of the European Communities v French Republic

(Case C-354/08) (1)

1

2009/C 113/59

Language of the case: French

Language of the case: French

The President of the Court has ordered that the case be removed from the register.

---

(1)  OJ C 285, 8.11.2008.

1

---