alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT LY NGUYEN,

Pla i ntiff-Appe lla

nt,
v. R TS PAC KAGING LLC C ONSOLIDATED PENSION PLAN; R TS PAC KAGING, LLC ,

De fe nda nts-Appe lle e s. No. 14-55688 D.C . No. 8:13-c v-00803-C JC -E
M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the C e ntra l Distric t of C a lifornia C orm a c J. C arne y , Distric t Judge , Pre siding Subm itte d

Nove m b e r 16, 2016 ** B e fore : LEAVY, B ER ZON, a nd M UR GUIA, C irc uit Judge s. Ly Nguy e n a p pe a l s from

the distric t c ourt’ s sum

m ary judgm e nt in he r a c tion
a lle ging tha

t de fe n da nt s R TS Pa c ka ging LLC C onsolida t e d Pe n sion Pla

n (the

“ Plan” ) and R TS Pa c ka ging, LLC , viola te d the Em

ploy m e nt R e tire m e nt Inc om e 

# FIL ED
N OV 21 2016 M OLLY C. DW Y ER, CLERK U
. S. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by Ninth C irc uit R

ule 36-3.

* * The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se e Fe d. R . App. P. 34(a)(2).Se c urity

Ac t of 1974 (“ ER ISA” ) by de ny ing he r c la im for surviving spouse be ne fits. W e hav e jurisdic tion unde r 28 U.S.C
. § 1291. W e re vie w de novo. Tre main v . Be ll Indus., Inc
. , 196 F.3d 970, 975 (9th C ir. 1999). W e a ffirm
. The distric t c ourt prope rly grante d sum

m a ry judgm e nt on Nguy e n’ s c la im that the Pla n’ s dura t ion-of-re lationship re quire m e nt for survivor bene fits wa s disc rim inatory

be c a use Nguy e n fa ile d to ra ise a ge nuine disputeof m ate ria l fa c t a s to whe the r de fe nda

nts we re sta

t e a c tors. Se e Lugar v . Edmonson Oil C o . , 457 U.S. 922, 923-24 (1982) (Fourte e nth Am e ndm e nt only a pplie s to sta

te a c tion); Ge orge
v . Pac .-C SC W ork Furlough , 91 F.3d 1227, 1229 (9th C ir. 1996) (pe r c uriam ) (a c t ions a ga inst priva

te pa rtie s for viola

tion of c onstitutiona

l rights re quire a showing tha

t the priva

t e pa rtie s ’ c onduc t

c onstitute d sta

te a c tion). AFFIRM E D.

1 4
- 5 5 6 8 8 2
*Appeals in*Equity,

*May*Term, 1829.

#### *John*O’Dell, *guardian of Agnes and Wm. Young*vs. *Richard*Young, *executor of James Young.*

*Curia, per*Johnson J.

There is, clearly, no foundation for the suggestion, that a guardian is liable, at all events, for the solvency of a security, which he takes for money due to the ward. In the management of their funds, he is bound to exercise the same caution and circumspection, that a prudent man would do, in the conduct of his own concerns, and no more. He is only liable for negligence. Every man has a right, it is true, to do with his own as he wills, but one who is influenced by the ordinary motives of self-interest, and acting upon the caution suggested by this passion, will not let out his money, or sell property *156upon a credit, without a reasonable security for its payment, nor will he quietly look on and see that security daily and obviously diminishing without an effort to secure himself, if the means are in his own power; and this is the sort of diligence which the law requires of one who takes upon himself the management of the concerns of others. Nor can I perceive, that this liability is in the least affected bv the circumstance, that the property, as in this instance, was sold under an order of the Court, prescribing the length of credit and the nature of the security. For the power of judging of the sufficiency of the security is reserved to himself, and in determining upon it, a prudent man would take these matters into the estimate.

It seems to be agreed on all hands, that the defendant’s testator was sufficiently circumspect in taking the security in the first instance. All the witnesses agree, that the note of Daniel and Thomas Walker was, at the time it was taken, apparently a very adequate security for the sum; and the only act of negligence complained of, is in not instituting a suit against them for its recovery, when it fell due.

The evidence shews, I think, very satisfactorily, that the credit of both was at best doubtful about the time, and shortly after the note fell due, and it furnishes strong grounds to conclude that it must have been known to the defendant’s testator, and yet no legal steps were taken until a year after, and these circumstances, I think, well warranted the conclusion of negligence, drawn from them by the commissioner and the chancellor : and that is conclusive.

Motion refused,

DAVID JOHNSON.

We concur:

Abm. Nott, C. J. Colcock.

A true copy, A. Hereemont,

*Clerk of Appeal*Court.

Columbia, *14th*May, 1841.
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


I, L. B. (Brad) Clarke, Chief Executive Officer of Organetix, Inc. (the
"Company"), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
18 U.S.C. Section 1350, that:

(1)     the Quarterly Report on Form 10-QSB of the Company for the quarter
ended March 31, 2006 (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: May 18, 2006

/s/ L. B. (Brad) Clarke
-----------------------
L. B. (Brad) Clarke
Chief Executive Officer
* 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

August 8, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-50187

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

STEVEN GONZALES 

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 5:05-CR-139-ALL

Before DENNIS, CLEMENT, and PRADO, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Steven Gonzales presents

arguments that he concedes are foreclosed by United States v. Daugherty,

264 F.3d 513, 518 (5th Cir. 2001), which rejected a Commerce Clause challenge

to the felon-in-possession-of-a-firearm statute, 18 U.S.C. § 922(g). The

Government's motion for summary affirmance is GRANTED, and the judgment

of the district court is AFFIRMED.
<PAGE>


                                                                   Exhibit 5.2

                                  June 9, 1998



Financial Federal Corporation
400 Park Avenue, 8th Floor
New York, New York 10022

                  Re:      Financial Federal Corporation
                           Registration Statement on Form S-3

Dear Ladies and Gentlemen:

                  We have acted as special tax counsel for Financial Federal
Corporation (the "Company"), in connection with the preparation of the
Registration Statement on Form S-3 to be filed with the Securities and Exchange
Commission on June 9, 1998 (the "Registration Statement"), under the Securities
Act of 1933, as amended (the "Act"), for the registration under the Act of 4
1/2% Convertible Subordinated Notes due 2005 ("Notes") and shares of Common
Stock, $0.50 par value of the Company, issuable upon conversion of the Notes
("Common Stock").

                  We hereby confirm that the statements set forth under the
heading "Certain Federal Income Tax Considerations" in the prospectus relating
to the Notes and Common Stock (the "Prospectus") forming a part of the
Registration Statement, insofar as such statements constitute a summary the
United States federal income tax laws, are accurate in all material respects.

                  We hereby consent to the filing of this opinion as an exhibit
to the Registration Statement. We also consent to the reference to Orrick,
Herrington & Sutcliffe LLP under the caption "Legal Matters" in the Prospectus.
In giving such consent, we do not consider that we are "experts," within the
meaning of the term used in the Act or the rules and regulations of the
Securities and Exchange Commission promulgated thereunder, with respect to any
part of the Registration Statement, including this opinion as an exhibit or
otherwise.

                                   Very truly yours,

                                   /s/ ORRICK, HERRINGTON & SUTCLIFFE LLP
                                   -------------------------------------------
                                   ORRICK, HERRINGTON & SUTCLIFFE LLP
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                          791505
<SECURITIES>                                   3098760
<RECEIVABLES>                                    12996
<ALLOWANCES>                                       600
<INVENTORY>                                          0
<CURRENT-ASSETS>                               4390544
<PP&E>                                           94566
<DEPRECIATION>                                   38371
<TOTAL-ASSETS>                                 4653261
<CURRENT-LIABILITIES>                           901607
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         51533
<OTHER-SE>                                     3700121
<TOTAL-LIABILITY-AND-EQUITY>                   3751654
<SALES>                                           1008
<TOTAL-REVENUES>                                322378
<CGS>                                                0
<TOTAL-COSTS>                                   199725
<OTHER-EXPENSES>                               2169038
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              141340
<INCOME-PRETAX>                              (2154868)
<INCOME-TAX>                                      1330
<INCOME-CONTINUING>                          (2156198)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (2156198)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        


</TABLE>
### THE THIRTEENTH COURT OF APPEALS

13

- 12

- 00288

- CV

IN THE ESTATE OF BETTY LOU HUGHES

On a ppeal from the County Court of Jefferson County , Texas

Trial Cause No. 96313

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considered this cause on appeal, conc ludes that the judgment of the trial court should be affirmed . The Court orders the judgment of the trial court AFFIRMED . Costs of the appeal are adjudged against appellant. We further order this decision certified below for observance. October 24, 2013

.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3733 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3733

  To amend title 10, United States Code, to expand the eligibility of 
   members of the Armed Forces to participate in programs of higher 
      education offered by the Community College of the Air Force.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 6, 2009

  Mr. Sestak introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
  To amend title 10, United States Code, to expand the eligibility of 
   members of the Armed Forces to participate in programs of higher 
      education offered by the Community College of the Air Force.

    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 ``Armed Forces Education Parity Act''.

SEC. 2. ADDITIONAL MEMBERS OF THE ARMED FORCES ELIGIBLE TO PARTICIPATE 
              IN COMMUNITY COLLEGE OF THE AIR FORCE PROGRAMS.

    Section 9315(b) of title 10, United States Code, is amended by 
striking paragraph (2) and inserting the following new paragraphs:
            ``(2) Enlisted members of the Army.
            ``(3) Enlisted members of the Navy.
            ``(4) Enlisted members of the Marine Corps.
            ``(5) Enlisted members of the Coast Guard.''.
                                 <all>
```
UNITED STATES


SECURITIES AND EXCHANGE COMMISSION


WASHINGTON, D.C. 20549





________________________________________


FORM 8-K





________________________________________


CURRENT REPORT


PURSUANT TO SECTION 13 OR 15(d) OF THE


SECURITIES EXCHANGE ACT OF 1934


October 31, 2013


Date of report (date of earliest event reported)





_________________________________________


Digi International Inc.


(Exact name of registrant as specified in its charter)





_________________________________________





Delaware1-3403341-1532464(State of Incorporation)(Commission file number)(I.R.S. Employer Identification No.)11001 Bren Road East, Minnetonka, Minnesota55343(Address of principal executive offices)(Zip Code)


(952) 912-3444


(Registrant’s telephone number, including area code)





___________________________________________


Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions ( see General Instruction A.2. below):


ÂWritten communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)


ÂSoliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)


ÂPre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))


ÂPre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))





---







Item 2.02Results of Operations and Financial Condition.


On October 31, 2013, Digi International Inc. (“Digi”) issued a press release regarding Digi’s financial results for its fourth fiscal quarter and fiscal year ended September 30, 2013. A copy of Digi’s press release is attached hereto as Exhibit 99.1.


The information contained in this Current Report shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing.





---







Item 9.01Financial Statements and Exhibits.


The following exhibit is furnished herewith:





99.1Press Release dated October 31, 2013, announcing financial results for the fourth fiscal quarter and fiscal year ended September 30, 2013.





---




SIGNATURES


Pursuant to the requirements of the Securities and Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned duly authorized.


Date: October 31, 2013





DIGI INTERNATIONAL INC.By:/s/ Steven E. SnyderSteven E. SnyderSenior Vice President, Chief Financial Officer and Treasurer (Principal Accounting Officer)





---




EXHIBIT INDEX





No.ExhibitManner of Filing99.1Press Release dated October 31, 2013, announcing financial results for the fourth fiscal quarter and fiscal year ended September 30, 2013.FurnishedElectronically
ow i^^^s -••• > I ;;r ; mmn 

www.beyondandback.com 

Leisure: 

Corporate: 

321-725-9720 

321-725-9723 

FAX: 321-951-2017 

March 11, 2010 

The Honorable Ray LaHood 

Secretary 

United States Department of Transportation 

1200 New Jersey Avenue, SE 

Washington, D.C. 

20590 

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. airlines. 

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 trans-Pacific 

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 

401 Ocean Avenue J" Suite 101 \ Melbourne Beach, FL 32951 
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, 

Pia Hanlon-Olsen 

President 

Beyond and Back Travel
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3874 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3874

 To suspend temporarily the duty on 2-Anilino-5-cyano-(3-(substituted)-
                   6-(substituted))-4-methylpyridine.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 20, 2009

   Mr. Watt introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
 To suspend temporarily the duty on 2-Anilino-5-cyano-(3-(substituted)-
                   6-(substituted))-4-methylpyridine.

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

SECTION 1. 2-ANILINO-5-CYANO-(3-(SUBSTITUTED)-6-(SUBSTITUTED))-4-
              METHYLPYRIDINE.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``     9902.01.00      2-Anilino-5-cyano-  Free         No change        No change        On or before 12/  ''.
                        (3-(substituted)-                                                  31/2011.......
                        6-(substituted))-
                        4-methylpyridine.
                        (CAS No. P 95-
                        406) (provided
                        for in subheading
                        2921.59.80)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to articles entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
[Federal Register Volume 80, Number 72 (Wednesday, April 15, 2015)]
[Notices]
[Page 20273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08629]



[[Page 20273]]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74643A; File No. SR-NYSEMKT-2014-95]


Self-Regulatory Organizations; NYSE MKT LLC; Notice of Withdrawal 
of a Proposed Rule Change, as Modified by Partial Amendment No. 1 and 
Partial Amendment No. 2, Amending Rule 13--Equities and Related Rules 
Governing Order Types and Modifiers; Correction

April 9, 2015.
AGENCY: Securities and Exchange Commission.

ACTION: Notice; correction.

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

SUMMARY: The Securities and Exchange Commission published a document in 
the Federal Register on April 9, 2015, concerning a Notice of 
Withdrawal of a Proposed Rule Change, as Modified by Partial Amendment 
No. 1 and Partial Amendment No. 2, Amending Rule 13--Equities and 
Related Rules Governing Order Types and Modifiers. The document 
contained a typographical error.

FOR FURTHER INFORMATION CONTACT: Steve Kuan, Division of Trading and 
Markets, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549, (202) 551-5624.

Correction

    In the Federal Register of April 9, FR Doc. 2015-8108, on page 
19102, in the 13th line in the third column, correct the date 
``February 26, 2014'' to ``February 26, 2015.''

    Dated: April 9, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015-08629 Filed 4-14-15; 8:45 am]
 BILLING CODE 8011-01-P
<PAGE>


EXHIBIT 24.6

                                POWER OF ATTORNEY

                  KNOWN ALL MEN BY THESE PRESENTS, that the undersigned hereby
constitutes and appoints each of Glenn P. Dickes, Joseph P. Page, Scott L.
Seybold and Barry F. Schwartz or any of them, each acting alone, his true and
lawful attorney-in-fact and agent, with full power of substitution, for him and
in his name, place and stead, in any and all capacities, in connection with the
PANAVISION INC. (the "Corporation") Annual Report on Form 10-K for the year
ended December 31, 1999 under the Securities Exchange Act of 1934, as amended,
including, without limiting the generality of the foregoing, to sign the Form
10-K in the name and on behalf of the Corporation or on behalf of the
undersigned as a director or officer of the Corporation, and any amendments to
the Form 10-K and any instrument, contract, document or other writing, of or in
connection with the Form 10-K or amendments thereto, and to file the same, with
all exhibits thereto, and other documents in connection therewith, including
this power of attorney, with the Securities and Exchange Commission and any
applicable securities exchange or securities self-regulatory body, granting unto
said attorneys-in-fact and agents, each acting alone, full power and authority
to do and perform each and every act and thing requisite and necessary to be
done in and about the premises, as fully to all intents and purposes as he might
or could do in person, hereby ratifying and confirming all that said
attorneys-in-fact and agents, each acting alone, or his substitute or
substitutes, may lawfully do or cause to be done by virtue hereof.

                  IN WITNESS WHEREOF, the undersigned has signed these presents
this 22nd day of March, 2000

                                         /S/ KENNETH ZIFFREN
                                         -------------------
                                         KENNETH ZIFFREN
CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER PURSUANT
 TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
SECTION 906 OF
THE SARBANES-OXLEY ACT OF 2002

I, David Campbell, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly
Report of Safe Idea, Inc. on Form 10QSB for the quarter ended September 30, 2005
fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and that information contained in such Form 10QSB fairly
presents in all material respects the financial condition and results of
operations of Safe Idea, Inc..

By:

David Campbell
Title: Chief Executive Officer

November 14, 2005