alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE COURT OF APPEALS OF TENNESSEE

AT KNOXVILLE

March 8, 2011 Session

AMERICAN GENERAL FINANCIAL SERVICES, INC. v. MARTIN

GOSS/UNKNOWN TENANT OF FORECLOSED PROPERTY

Appeal from the Circuit Court for Knox County

No. 121,810 Dale C. Workman, Judge

No. E2010-01710-COA-R3-CV - Filed April 7, 2011

CHARLES D. SUSANO, JR., Judge, concurring in part and dissenting in part.

I concur in the decision of the majority to affirm the trial court’s judgment in favor

of American General Financial Services, Inc. I respectfully dissent from the majority’s

conclusion that Mr. Goss’s appeal is not so devoid of merit as to warrant a holding that his

appeal is frivolous in nature. When an appellant seeks to reverse or modify a trial court’s

judgment based upon an alleged error grounded in the facts of the case, but fails to present

us with a verbatim transcript or statement of the evidence, the appellant’s appeal has no

chance of success. An appeal is deemed frivolous if it is devoid of merit or if it has no

reasonable chance of success. Bursack v. Wilson, 982 S.W.2d 341, 345 (Tenn. Ct. App.

1998); Industrial Dev. Bd. v. Hancock, 901 S.W.2d 382, 385 (Tenn. Ct. App. 1995). See

also Linn v. Howard, E2006-00024-COA-R3-CV, 2007 WL 208442 at *5 (Tenn. Ct. App.

E.S., filed on January 26, 2007). When the only issues on an appeal are factual ones – as

opposed to legal questions – we must have a record that permits us to reach those issues. In

my judgment, this appeal is – by definition – a frivolous appeal. I would remand for a

hearing to determine “just damages” due the appellee pursuant to Tenn. Code Ann. § 27-1-

122 (2000).

Accordingly, I concur in part and respectfully dissent in part.

_______________________________

CHARLES D. SUSANO, JR., JUDGE
<PAGE>


                                                                      EXHIBIT 21


                                  SUBSIDIARIES


The subsidiaries of the Company are as follows:

    Maximilia Ltd., an Irish corporation ("Maximilia")
    Sturge Ltd., an Irish corporation ("Sturge")
    Jolly LLC, a Wyoming corporation ("Jolly")
    Paul Garnier, an Irish corporation ("Garnier")
    Jolly Alon Limited, a Moldovan corporation ("Hotel")
    Banca Commerciala pe Actiuni "Export-Import", a Moldovan
     corporation ("Bank")
    Exim Asint S.A., a Moldovan corporation ("Insurance Company")
    Intercomsoft Limited, an Irish corporation ("Intercomsoft")
II

104TH CONGRESS

2D SESSION S. 1710

To authorize multiyear contracting for the C–17 aircraft program, and for

other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 25, 1996

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

referred to the Committee on Armed Services

A BILL

To authorize multiyear contracting for the C–17 aircraft

program, and for other purposes.

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

3 SECTION 1. MULTIYEAR CONTRACTING AUTHORITY FOR

4 THE C–17 AIRCRAFT PROGRAM.

5 (a) MULTIYEAR CONTRACTS AUTHORIZED.—The

6 Secretary of the Air Force may, pursuant to section 2306b

7 of title 10, United States Code (except as provided in sub8 section (b)(1)), enter into one or more multiyear contracts

9 for the procurement of not more than a total of 80 C–

10 17 aircraft.
2

•S 1710 IS

1 (b) CONTRACT PERIOD.—(1) Notwithstanding sec2 tion 2306b(k) of title 10, United States Code, the period

3 covered by a contract entered into on a multiyear basis

4 under the authority of subsection (a) may exceed five

5 years, but may not exceed seven years.

6 (2) Paragraph (1) shall not be construed as prohibit7 ing the Secretary of the Air Force from entering into a

8 multiyear contract for a period of less than seven years.

9 In determining to do so, the Secretary shall consider

10 whether—

11 (A) sufficient funding is provided for in the fu12 ture-years defense program for procurement, within

13 the shorter period, of the total number of aircraft to

14 be procured (within the number set forth in sub15 section (a)); and

16 (B) the contractor is capable of delivering that

17 total number of aircraft within the shorter period.

18 (c) OPTION TO CONVERT TO ONE-YEAR PROCURE19 MENTS.—Each multiyear contract for the procurement of

20 C–17 aircraft authorized by subsection (a) shall include

21 a clause that permits the Secretary of the Air Force—

22 (1) to terminate the contract as of September

23 30, 1998, without a modification in the price of each

24 aircraft and without incurring any obligation to pay

25 the contractor termination costs; and
3

•S 1710 IS

1 (2) to then enter into follow-on one-year con2 tracts with the contractor for the procurement of C–

3 17 aircraft (within the total number of aircraft au4 thorized under subsection (a)) at a negotiated price

5 that is not to exceed the price that is negotiated be6 fore September 30, 1998, for the annual production

7 contract for the C–17 aircraft in lot VIII and subse8 quent lots.

Æ
**EXHIBIT 32.2**

 

**CERTIFICATION OF**

**CHIEF FINANCIAL OFFICER**

**OF MAX RE CAPITAL LTD.**

 

This certification is provided pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. § 1350, and accompanies thequarterly report on Form 10-Q (the “Form 10-Q”) for the quarter ended March 31, 2005 of Max Re Capital Ltd. (the “Issuer”). 

 

I, Keith S. Hynes, the Chief Financial Officer of Issuer certify that: 

 

(i) the Form 10-Q fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or78o(d)); and 

 

(ii) the information contained in the Form 10-Qfairly presents, in all material respects, the financial condition and results of operations of the Issuer. 

 

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 ofthis written statement required by Section 906, has been provided to the Issuer and will be retained by the Issuer and furnished to the Securities and Exchange Commission or its staff upon request. 

 

Dated: May 2, 2005
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ANTHONY LOZANO SOLIS, 

Plaintiff-Appellant, 

CHARLES L. RYAN, Director of Arizona 

Department of Corrections; et al., 

Defendants-Appellees.

No. 20-17140 

D.C. No. 2:17-cv-02378-ROS-CDB 

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

Roslyn O. Silver, District Judge, Presiding

Submitted June 15, 2022**

Before: SILVERMAN, WATFORD, and FORREST, Circuit Judges.

Arizona state prisoner Anthony Lozano Solis appeals pro se from the district 

court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate 

indifference to his safety. We have jurisdiction under 28 U.S.C. § 1291. We 

review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004). 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

JUN 24 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 20-17140 

The district court properly granted summary judgment because Solis failed 

to raise a genuine dispute of material fact as to whether defendants were 

deliberately indifferent to his safety. See Farmer v. Brennan, 511 U.S. 825, 837 

(1994) (a prison official is deliberately indifferent only if he or she “knows of and 

disregards an excessive risk to inmate health or safety; the official must both be 

aware of facts from which the inference could be drawn that a substantial risk of 

serious harm exists, and he [or she] must also draw the inference”).

The district court did not abuse its discretion in denying Solis’s motion to 

compel because the denial did not result in actual or substantial prejudice. See 

Hallett v. Morgan, 296 F.3d 732, 751 (9th Cir. 2002) (setting forth standard of 

review and holding a district court’s “decision to deny discovery will not be 

disturbed except upon the clearest showing that denial of discovery results in 

actual and substantial prejudice to the complaining litigant”).

Solis’s motion for an in camera review of court logs, set forth in his reply 

brief, is denied as moot.

AFFIRMED.
##### 



Exhibit 31.2
  CERTIFICATION
    OF CHIEF FINANCIAL OFFICER
    Pursuant to Section 302 of the Sarbanes-Oxley Act of
    2002
    Form 10-Q
      Rules 13a-15(e) 15d-15(e))
              November 8, 2007

By:

/s/ SHANNON K S JOHNSONDate



Shannon K S JohnsonChief Financial Officer
    (principal financial officer)
Exhibit 31.2
 CERTIFICATION
  1.
 2.
 3.
 4.
 a)
    
    Designed such disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under our supervision, to ensure that material information
relating to the registrant, including its consolidated subsidiaries, is made known to us by
others within those entities, particularly during the period in which this report is being
prepared;b)
    
    Designed such internal control over financial reporting, or caused such internal control
over financial reporting to be designed under our supervision, to provide reasonable
assurance regarding the reliability of financial reporting and the preparation of financial
statements for external purposes in accordance with generally accepted accounting
principles;c)
    
    Evaluated the effectiveness of the registrants disclosure controls and procedures and
presented in this report our conclusions about the effectiveness of the disclosure controls
and procedures, as of the end of the period covered by this report based on such evaluation;
andd)
    
    Disclosed in this report any change in the registrants internal control over financial
reporting that occurred during the registrants most recent fiscal quarter (the registrants
fourth fiscal quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the registrants internal control over financial
reporting; and
 5.
 a)
    
    All significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to adversely affect
the registrants ability to record, process, summarize and report financial information; andb)
    
    Any fraud, whether or not material, that involves management or other employees who have
a significant role in the registrants internal control over financial reporting.
  /s/ Matthew K. FustMatthew K. FustExecutive Vice President and Chief Financial Officer
(Principal Financial Officer)
<PAGE>   1

                                                                EXHIBIT 12.1

                  CITGO PETROLEUM CORPORATION AND SUBSIDIARIES

               COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES

<TABLE>
<CAPTION>
                                         Year Ended December 31,
                           ----------------------------------------------------
                             1996       1995       1994       1993       1992
                           --------   --------   --------   --------   --------
                                          (Dollars in Thousands)
<S>                        <C>        <C>        <C>        <C>        <C>

Income before provision
 for income taxes          $197,250   $215,872   $301,233   $260,697   $189,032
  Distributions in excess
    of equity earnings
    (losses) of affiliates    9,677         -          -          -         962
  Equity earnings (losses)
    in excess of 
    distributions                -      (4,490)    (3,930)    (3,808)        -
  Equity in losses of 
    certain investees         5,245      5,187         68        183         98
  Interest                  113,989    106,568     77,792     79,354     77,252
  Amount of previously
    capitalized interest      3,600      3,440      3,039      2,833      2,849
  Portion of rent
    representative of
    interest factor          11,000     10,928     11,305     11,173     11,522
                           --------   --------   --------   --------   --------
    Income as adjusted     $340,761   $337,505   $389,507   $350,432   $281,715
                           ========   ========   ========   ========   ========
Fixed charges
  Interest expense         $113,989   $106,568   $ 77,792   $ 79,354   $ 77,252
  Capitalized interest       12,000      5,000     12,000      4,000      7,000
  Portion of rent
    representative of
    interest factor          11,000     10,928     11,305     11,173     11,522
                           --------   --------   --------   --------   --------
    Total fixed charges    $136,989   $122,496   $101,097   $ 94,527   $ 95,774
                           ========   ========   ========   ========   ========
Ratio of earnings to
  fixed charges                2.49x      2.76x      3.85x      3.71x      2.94x
</TABLE>
Exhibit 21.1

SUBSIDIARIES OF UNIONBANCAL CORPORATION*  AS OF DECEMBER 31, 2007

|Name of Subsidiary                         |  | State or Country in Which Organized
|------------------------------------------ |  | -----------------------------------
|Bankers Commercial Corporation             |  | California                         
|Business Capital Trust I                   |  | California                         
|California First Advisory Services         |  | California                         
|California First Capital Management        |  | California                         
|California First Corporation               |  | California                         
|HighMark Capital Management, Inc.          |  | California                         
|MCB Statutory Trust I                      |  | California                         
|Mills-Ralston, Inc.                        |  | California                         
|SBS Realty Inc.                            |  | California                         
|Stanco Properties, Inc.                    |  | California                         
|The California-Sansome Corporation         |  | California                         
|UBOC Community Development Corporation     |  | California                         
|UBOC Comstock I                            |  | California                         
|UBOC Foundation (Charitable Trust)         |  | California                         
|UBOC Foundation (Non-Profit Corporation)   |  | California                         
|UBOC Insurance, Inc.                       |  | California                         
|UNBC Leasing, Inc.                         |  | California                         
|UnionBanc Insurance Services, Inc.         |  | California                         
|UnionBanc Investment Services LLC          |  | Delaware                           
|UnionBanCal Commercial Funding Corporation |  | California                         
|UnionBanCal Equities, Inc.                 |  | California                         
|UnionBanCal Leasing Corporation            |  | California                         
|UnionBanCal Mortgage Corporation           |  | California                         
|UnionBanCal Venture Corporation            |  | California                         
|Union Bank of California, N.A.             |  | United States                      
|Union Bank of California Leasing, Inc.     |  | Delaware                           
|Union Capital Advisors, Inc.               |  | California                         

---

---



QuickLinks
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 of Cal-Bay International, Inc. (the
"Company")  on Form 10-QSB for the quarterly period ended June 30, 2004 as filed
with  the  Securities and Exchange Commission on the date hereof (the "Report"),
I, Robert J. Thompson, Chief Executive 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  to  the  best  of  my  knowledge:

     (1)  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  result of operations of the
Company.




                              /s/Robert  J.  Thompson
                              -------------------------
Date:  August  11,2004        Robert  J.  Thompson
                              Chief  Executive  Officer
Exhibit 31.2

Rule 13a-14(a)/15d-14(a)

Certifications.

I, David Cohen, certify that:

1.I have reviewed this quarterly report on Form 10-QSB of LitFunding Corp.;

2.Based on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements
made, in light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this report;

3.Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the small business
issuer as of, and for, the periods presented in this report;

4.The small business issuer's other certifying officer(s) and I are responsible
for establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and
have:

     (a) Designed such disclosure controls and procedures, or caused such
     disclosure controls and procedures to be designed under our supervision, to
     ensure that material information relating to the small business issuer,
     including its consolidated subsidiaries, is made known to us by others
     within those entities, particularly during the period in which this report
     is being prepared;

     (b) Evaluated the effectiveness of the small business issuer's disclosure
     controls and procedures and presented in this report our conclusions about
     the effectiveness of the disclosure controls and procedures, as of the end
     of the period covered by this report based on such evaluation and

     (c) Disclosed in this report any change in the small business issuer's
     internal control over financial reporting that occurred during the small
     business issuer's most recent fiscal quarter (the small business issuer's
     fourth fiscal quarter in the case of an annual report) that has materially
     affected, or is reasonably likely to materially affect, the small business
     issuer's internal control over financial reporting; and

5.The small business issuer's other certifying officer(s) and I have disclosed,
based on our most recent evaluation of internal control over financial reporting
, to the small business issuer's auditors and the audit committee of the small
business issuer's board of directors (or persons performing the equivalent
functions):

     (a) All significant deficiencies and material weaknesses in the design or
     operation of internal control over financial reporting which are reasonably
     likely to adversely affect the small business issuer'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 have a significant role in the small business issuer`s
     internal control over financial reporting.




Date: September 15, 2004



/s/ David Cohen
----------------------
David Cohen
Chief Financial Officer
EXHIBIT 31


CERTIFICATION PURSUANT TO SECTION 302


OF THE SARBANES-OXLEY ACT OF 2002




I, Doug Lindeblom, Chief Executive Officer of First National Energy Corporation, certify that:




1. I have reviewed this quarterly report on Form 10-Q of First National Energy Corporation;





2. Based on my knowledge, this quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;





3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;





4. I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e) for the registrant and have:





a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under my supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to me by others within those entities, particularly during the period in which this report is being prepared;





b) Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under my supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;





c) Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report my conclusions about the effectiveness of the disclosure controls and procedures, 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 financial reporting that occurred during the registrant’s most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and





5. I have disclosed, based on my most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent functions):





a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’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 have a significant role in the registrant’s internal control over financial reporting.





Date: August 15, 2010




/s/ Doug LindeblomDoug LindebloChief Executive Officer