alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### W. D. Chapel, Appellee, v. William Wadsworth, Appellant.

Practice in Supreme Court: record: evidence: error in instructions to jury: review on appeal.

*Appeal from Worth District Cowrt.*— Hon. B. W. Buddick, Judge.

Wednesday, May 25, 1892.

Action at law to recover one hundred and twenty-five dollars with interest, on some ten different items stated in the petition. Answer *743denying most of the facts alleged, and setting up as counter claims, twenty-seven different items, upon which the defendant asked judgment for eight hundred and seventy-eight dollars and eighty-one cents, with interest. The plaintiff replied joining issue as to the most of the facts alleged, and denying any indebtedness on the counter-claim. There was a verdict and judgment for the plaintiff for ninety-six dollars. The defendant appeals.

.Affirmed

*Pickering $• Hartley*and *Cliggett Hule,*for appellant.

*L. S. Butler,*for appellee.

Given, J.

The appellee moves to strike all that part of’ the appellant’s abstract which undertakes to set out or state the evidence introduced, and to affirm the judgment, for the reason that the evidence was not preserved by bill of exceptions, and is not contained in the abstracts. The abstracts do not purport to set out the testimony or any part thereof. The only reference to it in the appellant’s abstract is as follows: “On the issue thus joined this ease was tried to a jury on the twenty-first and twenty-second days of February, 1890, on oral testimony, and the defendant introduced evidence tending to support the several allegations of his answer.” The appellant’s only complaints are of certain paragraphs of the court’s charge as erroneously placing the burden of proof upon him as to certain items in controversy. It is not infrequent that the burden of proof as shown by the pleadings, may be shifted by admissions on the trial, or the introduction of uneontroverted evidence. It follows, therefore, that we cannot pass upon the correctness of these instructions, in the absence of the evidence. The plaintiff’s motion to strike and affirm must, therefore, be sustained. Affirmed.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 14-30130

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

MICHAEL WAYNE DAVIS, JR.,

Defendant-Appellant

Appeal from the United States District Court

for the Middle District of Louisiana

USDC No. 3:13-CR-26-1

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before DAVIS, CLEMENT, and COSTA, Circuit Judges.

PER CURIAM:*

In his direct appeal to this Court last year, the defendant argued that 

the residual clause of the Armed Career Criminal Act was unconstitutionally 

vague and thus void. The defendant acknowledged that this argument was 

forcelosed by existing circuit precedent. See United States v. Gore, 636 F.3d 

 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

October 26, 2015

Lyle W. Cayce

Clerk

 Case: 14-30130 Document: 00513246375 Page: 1 Date Filed: 10/26/2015
No. 14-30130

2

728, 742 (5th Cir. 2011). We thus rejected his argument and affirmed the 

judgment. 

The defendant then filed a petition for certiorari, which the Supreme 

Court granted after its decision in Johnson v. United States, 135 S. Ct. 2551 

(June 26, 2015). The Supreme Court vacated our previous ruling and 

remanded for consideration in light of Johnson, which concluded that the 

residual clause is vague and thus void.

The Armed Career Criminal Act was applied to the defendant based on 

a finding that a prior conviction qualified under the residual clause. That 

resulted in application of a fifteen-year mandatory minimum sentence. Absent 

application of the Armed Career Criminal Act, the defendant faced a statutory 

maximum of ten years. In this direct appeal, we therefore VACATE the 

judgment of the district court and REMAND for resentencing in light of 

Johnson.

 Case: 14-30130 Document: 00513246375 Page: 2 Date Filed: 10/26/2015
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<PERIOD-START>                                 JUL-01-2000
<PERIOD-END>                                   SEP-30-2000
<CASH>                                               70373
<SECURITIES>                                          1410
<RECEIVABLES>                                        72198
<ALLOWANCES>                                             0
<INVENTORY>                                          19603
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<PP&E>                                              418989
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<CGS>                                                 1673
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<INTEREST-EXPENSE>                                   14866
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<INCOME-TAX>                                             0
<INCOME-CONTINUING>                                      0
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                       (877410)
<EPS-BASIC>                                          (0.04)
<EPS-DILUTED>                                        (0.04)




</TABLE>
#### Charles Hanna, Appellant, v. Iowa Automobile Mutual Insurance Company, Appellee.

APPEAL AND ERROR: Review — Motion for New Trial — When Non-reviewahle. A mimerons-pointed motion for a new trial, sustained generally by the trial court, will not be reviewed on appeal, especially when the basis of the alleged errors in sustaining the motion does not appear in the record.

Headnote 1: 4- C. J. pp. 552, 553, 662, 1069, 1075.

*Appeal from Scott District Court.-*— D. Y. Jackson, Judge.

February 8, 1927.

Tbe plaintiff appeals from an order setting aside a verdict and granting a new trial on motion of the *defendant.*

Affirmed.

*F. A.*Cooper, for appellant.

*Bollinger*>c& *Block,*for appellee.

Vermilion, J.

The plaintiff’s action is to recover of the defendant the value of an automobile alleged to have been stolen, upon a policy of insurance whereby the defendant insured plaintiff against loss of the automobile by theft, except in certain cases. There was a verdict for the plaintiff. On motion of the defendant, the verdict was set aside, and a new trial granted. The motion for a new trial set up thirteen grounds therefor, several of which contained numerous subdivisions. The court below indicated, in ruling on the motion, that it was sustained because of what he then believed was an -erroneous view of the law, exemplified in the instructions, as to the scope and-meaning of the exception in the policy and the test by which it should be determined whether the loss in question was covered by the policy or was within the exception. The motion was sustained generally, and no part of it was overruled. The motion presented in various ways the alleged error of the court in the construction of the exception in the policy, but was based upon other grounds as well. It was alleged that errors were committed in the exclu*1352sion of testimony offered by the defendant. Not only are the grounds of the motion relating to the exclusion of testimony not argued, but the record before us discloses nothing whatever with respect to the alleged errors so relied upon. Neither the questions, the objections, nor the ruling are set out in the abstract.

We have repeatedly held that we cannot interfere with an order sustaining generally a motion for a new trial based upon several grounds, if any of the grounds of the motion were good. *Perry Nat. Bank v. Engnett,*198 Iowa 26, and cases there cited. We have also said that we cannot determine that none of the grounds were good where they are not all argued. *Perry Nat. Bank v. Engnell,*supra. Much less can we so determine where the alleged basis for the errors so complained of is not even shown by the record.

The order granting a new trial must be, and *is,*— Affirmed.

EváNS, C. J., and SteveNS and Faville, JJ., concur.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1

<S>                                     <C>
<PERIOD-TYPE>                           6-MOS
<FISCAL-YEAR-END>                       DEC-31-2000
<PERIOD-START>                          JAN-01-2000
<PERIOD-END>                            DEC-31-2000
<CASH>                                  23,930,328
<SECURITIES>                                     0
<RECEIVABLES>                           16,306,030
<ALLOWANCES>                            (1,541,414)
<INVENTORY>                              4,636,570
<CURRENT-ASSETS>                        50,290,837
<PP&E>                                 118,248,594
<DEPRECIATION>                         (17,486,379)
<TOTAL-ASSETS>                         346,544,181
<CURRENT-LIABILITIES>                   90,488,263
<BONDS>                                 48,829,743
<PREFERRED-MANDATORY>                            0
<PREFERRED>                             31,575,187
<COMMON>                                    12,858
<OTHER-SE>                             315,513,957
<TOTAL-LIABILITY-AND-EQUITY>           354,744,181
<SALES>                                 35,795,273
<TOTAL-REVENUES>                        35,795,273
<CGS>                                   32,532,919
<TOTAL-COSTS>                           32,532,919
<OTHER-EXPENSES>                        18,819,045
<LOSS-PROVISION>                                 0
<INTEREST-EXPENSE>                        (442,691)
<INCOME-PRETAX>                        (15,442,220)
<INCOME-TAX>                                     0
<INCOME-CONTINUING>                    (15,442,220)
<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                           (15,442,220)
<EPS-BASIC>                                (2.91)
<EPS-DILUTED>                                (2.91)


</TABLE>
[Federal Register Volume 89, Number 211 (Thursday, October 31, 2024)]
[Notices]
[Page 86846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25303]


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

POSTAL SERVICE


Product Change--Priority Mail Express, Priority Mail, and USPS 
Ground Advantage[supreg] Negotiated Service Agreement

AGENCY: Postal Service<SUP>TM</SUP>.

ACTION: Notice.

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

SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

DATES: Date of required notice: October 31, 2024.

FOR FURTHER INFORMATION CONTACT: Sean C. Robinson, 202-268-8405.

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
October 24, 2024, it filed with the Postal Regulatory Commission a USPS 
Request to Add Priority Mail Express, Priority Mail & USPS Ground 
Advantage[supreg] Contract 531 to Competitive Product List. Documents 
are available at www.prc.gov, Docket Nos. MC2025-153, K2025-151.

Sean C. Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2024-25303 Filed 10-30-24; 8:45 am]
BILLING CODE 7710-12-P
<PAGE>
                                   EXHIBIT 15

LETTER RE: UNAUDITED INTERIM FINANCIAL INFORMATION

Cintech Solutions, Inc.:

We have made a review, in accordance with standards established by the American
Institute of Certified Public Accountants, of the unaudited condensed interim
financial information of Cintech Solutions, Inc. for the periods ended December
31, 2002 and 2001, as indicated in our report dated January 17, 2003; because we
did not perform an audit, we expressed no opinion on that information.

We are aware that our report referred to above, which is included in your
Quarterly Report on Form 10-QSB for the quarter ended December 31, 2002, is
incorporated by reference in Registration Statement Nos. 33-95366 and 333-94661
on Form S-8.

We also are aware that the aforementioned report, pursuant to Rule 436(c) under
the Securities Act of 1933, is not considered a part of the Registration
Statement prepared or certified by an accountant or a report prepared or
certified by an accountant within the meaning of Sections 7 and 11 of that Act.

"/s/ Deloitte & Touche LLP"

Cincinnati, Ohio
February 11, 2003


                                       21
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.
 Small Business Administration [Disaster Declaration #20795 and #20796; NORTH CAROLINA Disaster Number NC-20011]
 AGENCY: U.S. Small Business Administration.
 ACTION: Notice.
 SUMMARY: This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of North Carolina (FEMA-4837-DR), dated 10/19/2024. *Incident:*
                         Potential Tropical Cyclone Eight. *Incident Period:*
                         09/16/2024 through 09/20/2024.
 DATES: Issued on 10/19/2024. *Physical Loan Application Deadline Date:*
                         12/18/2024. *Economic Injury (EIDL) Loan Application Deadline Date:*
                         07/21/2025.
 ADDRESSES: *Visit the MySBA Loan Portal at https://lending.sba.gov*
                         to apply for a disaster assistance loan.
 FOR FURTHER INFORMATION CONTACT: Vanessa Morgan, Office of Disaster Recovery & Resilience, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205-6734.


SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on 10/19/2024, Private Non-Profit organizations that provide essential services of a governmental nature may file disaster loan applications online using the MySBA Loan Portal 
                    *https://lending.sba.gov*
                     or other locally announced locations. Please contact the SBA disaster assistance customer service center by email at 
                    *disastercustomerservice@sba.gov*
                     or by phone at 1-800-659-2955 for further assistance. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:*
                     Brunswick, Carteret, New Hanover, Onslow. The Interest Rates are: Percent*For Physical Damage:*Non-Profit Organizations with Credit Available Elsewhere
3.250Non-Profit Organizations without Credit Available Elsewhere
3.250*For Economic Injury:*Non-Profit Organizations without Credit Available Elsewhere
3.250
 The number assigned to this disaster for physical damage is 207958 and for economic injury is 207960. (Catalog of Federal Domestic Assistance Number 59008) Rafaela Monchek, Deputy Associate Administrator, Office of Disaster Recovery & Resilience.


[FR Doc. 2024-24931 Filed 10-25-24; 8:45 am] BILLING CODE 8026-09-P
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 of ARKONA,  Inc. (the "Company") on Form
10-QSB for the quarterly period ended June 30, 2005 as filed with the Securities
and  Exchange  Commission  on the date  hereof  (the  "Report"),  I,  Leland  H.
Boardman,  Chief  Financial  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 results of operations
          of the Company.


/s/ Leland H. Boardman
----------------------------
Chief Financial Officer
August 15, 2005
[Federal Register Volume 89, Number 211 (Thursday, October 31, 2024)]
[Notices]
[Page 86851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25301]


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

POSTAL SERVICE


Product Change--Priority Mail and USPS Ground Advantage[supreg] 
Negotiated Service Agreement

AGENCY: Postal Service<SUP>TM</SUP>.

ACTION: Notice.

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

SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

DATES: Date of required notice: October 31, 2024.

FOR FURTHER INFORMATION CONTACT: Sean Robinson, 202-268-8405.

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
October 25, 2024, it filed with the Postal Regulatory Commission a USPS 
Request to Add Priority Mail & USPS Ground Advantage[supreg] Contract 
410 to Competitive Product List. Documents are available at 
www.prc.gov, Docket Nos. MC2025-167, K2025-165.

Sean Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2024-25301 Filed 10-30-24; 8:45 am]
BILLING CODE 7710-12-P
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               MAR-31-1997
<CASH>                                         313,169
<SECURITIES>                                   537,061
<RECEIVABLES>                                1,042,975
<ALLOWANCES>                                    58,030
<INVENTORY>                                    158,830
<CURRENT-ASSETS>                             2,019,557
<PP&E>                                         727,635
<DEPRECIATION>                                 480,120
<TOTAL-ASSETS>                               2,607,622
<CURRENT-LIABILITIES>                        1,373,080
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     8,982,842
<OTHER-SE>                                 (7,748,300)
<TOTAL-LIABILITY-AND-EQUITY>                 2,607,622
<SALES>                                      5,062,611
<TOTAL-REVENUES>                             5,062,611
<CGS>                                          663,752
<TOTAL-COSTS>                                2,578,546
<OTHER-EXPENSES>                             3,828,463
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                            (1,321,464)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,321,464)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,321,464)
<EPS-PRIMARY>                                   (0.11)
<EPS-DILUTED>                                   (0.11)
        

</TABLE>
FI L ED U.S. COURT OF APPEAL S EL EVENTH CI RCUI T FEB RUARY 25, 2010 J OHN L EY CL ERK [ D O N O T P U B L I S H ]

I N T H E U N I T E D S T A T E S C O U R T O F A P P E A L S

F O R T H E E L E V E N T H C I R C U I T

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. 0 9

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.

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_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ( F e b r u a r y 2 5 , 2 0 1 0 )

B e f o r e E D M O N D S O N , B I R C H a n d B A R K E T T , C i r c u i t J u d g e s

.
P E R C U R I A M :

L

. D e a n B e s t a n d K a t h y L

. A n d e r s o n , c o u n s e l f o r A n t o n i o D e m e t r i s P e t t y i nt h i s d i r e c t c r i m i n a l a p p e a l , h a v e f i l e d a m o t i o n t o w i t h d r a w f r o m f u r t h e r

r e p r e s e n t a t i o n , s u p p o r t e d b y a b r i e f p r e p a r e d p u r s u a n t t o A n d e r s v

. C a l i f o r n i a , 3 8 6

U

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. 7 3 8 , 8 7 S

. C t

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. 2 d 4 9 3 ( 1 9 6 7 )

. O u r i n d e p e n d e n t r e v i e w o f t h e

e n t i r e r e c o r d r e v e a l s t h a t c o u n s e l ’ s a s s e s s m e n t o f t h e r e l a t i v e m e r i t o f t h e a p p e a l i s

c o r r e c t

. B e c a u s e i n d e p e n d e n t e x a m i n a t i o n o f t h e e n t i r e r e c o r d r e v e a l s n o a r g u a b l e
i s s u e s o f m e r i t , c o u n s e l s ’ m o t i o n t o w i t h d r a w i s G R A N T E D , a n d P e t t y ’ s

c o n v i c t i o n a n d s e n t e n c e a r e A F F I R M E D

.

2