alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 98-2109

___________

In re: Robert Hatcher; *

Ruth Ann Hatcher, *

*

Debtors. *

* 

------------------------------------------ *

*

Robert Hatcher; Ruth Ann Hatcher, *

*

Appellants, *

* Appeal from the United States

v. * Bankruptcy Appellate Panel

*

U.S. Trustee, *

* [UNPUBLISHED]

Trustee-Appellee, *

*

Allison Financial Corporation, *

*

Creditor-Appellee. *

___________

Submitted: March 9, 1999

Filed: March 17, 1999

___________

Before McMILLIAN, RICHARD S. ARNOLD and MORRIS SHEPPARD

ARNOLD,

Circuit Judges.

___________
1The Honorable Russell J. Hill, Chief Judge, United States Bankruptcy Court

for the Southern District of Iowa.

-2-

PER CURIAM.

Robert E. Hatcher and Ruth Ann Hatcher appeal from a final order entered in

the United States Bankruptcy Appellate Panel for the Eighth Circuit affirming the

decision of the United States Bankruptcy Court1 for the Southern District of Iowa

dismissing their Chapter 11 case for cause pursuant to the United States Bankruptcy

Code, 11 U.S.C. § 1112(b). In re Hatcher, 218 B.R. 441 (B.A.P. 8th Cir. 1998), aff’g

No. 96-42248-WH (Bankr. S.D. Iowa July 21, 1997).

For reversal, appellants argue that the bankruptcy appellate panel erred in

holding that they could not bring a fraudulent conveyance action based upon state

law, pursuant to 11 U.S.C. § 544(b), and thereby avoid their prior real estate

transaction, regardless of their actions in the transaction and adverse state court

judgments. In addition, appellants argue that the bankruptcy appellate panel erred in

holding that they filed their Chapter 11 petition in bad faith. 

The facts are fully set forth in the opinion of the bankruptcy appellate panel.

We have carefully reviewed the record and affirm the order of the bankruptcy

appellate panel. We agree that claim preclusion barred litigation in bankruptcy of

appellants’ claim that the transfer of their real estate property to Allison Financial

Corp. constituted a fraudulent conveyance under Iowa state law. See 218 B.R. at

446-47. Appellants’ fraudulent conveyance claim is identical to the reformation,

fraudulent misrepresentation and breach of fiduciary duty claims which they raised

and litigated unsuccessfully against Allison Financial Corp. and other defendants in

the Iowa state courts. See Hatcher v. Allison Financial Corp., No. 66958 (Iowa Dist.

Ct. Jan. 13, 1995), aff’d, Nos. 6-139 & 95-246 (Iowa Ct. App. July 26, 1996), review

denied, No. 95-246 (Iowa Oct. 4, 1996) (order). 
-3-

Accordingly, we affirm the order of the bankruptcy appellate panel. See 8th

Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
# C_2017358EN.01000102.xml

| 24.10.2017 | EN | Official Journal of the European Union | C 358/1 |
| --- | --- | --- | --- |

24.10.2017

EN

Official Journal of the European Union

C 358/1

---

Initiation of proceedings

(Case M.8547 — Celanese/Blackstone/JV)

(Text with EEA relevance)

(2017/C 358/02)

On 17 October 2017, the Commission decided to initiate proceedings in the abovementioned case after finding that the notified concentration raises serious doubts as to its compatibility with the internal market. The initiation of proceedings opens a second phase investigation with regard to the notified concentration, and is without prejudice to the final decision on the case. The decision is based on Article 6(1)(c) of Council Regulation (EC) No 139/2004 (1).

1

The Commission invites interested third parties to submit their observations on the proposed concentration to the Commission.

In order to be fully taken into account in the procedure, observations should reach the Commission not later than 15 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8547 — Celanese/Blackstone/JV, to the following address:

| European Commission |
| --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

1

---
**Exhibit 31.1****CERTIFICATION PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT**     I, Frank T. Sample, certify that:     1. I have reviewed this quarterly report on Form 10-Q of the registrant, Visicu, Inc.;     2. Based on my knowledge, this quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, in light ofthe circumstances under which such statements were made, not misleading with respect to the periodcovered by this quarterly report;     3. Based on my knowledge, the financial statements, and other financial information includedin this quarterly report, fairly present in all material respects the financial condition, resultsof operations and cash flows of the registrant as of, and for, the periods presented in thisquarterly report;     4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and we have:          (a) designed such disclosure controls and procedures or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe registrant, including its consolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this quarterly report is being prepared;          (b) [paragraph omitted pursuant to SEC Release Nos. 33-8238 and 34-47986];          (c) evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this quarterly report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this quarterly report based on suchevaluation; and          (d) disclosed in this quarterly report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter that hasmaterially affected, or is reasonably likely to materially affect, the registrant’s internalcontrol over financial reporting; and     5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee 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 ofinternal control over financial reporting which are reasonably likely to adversely affect theregistrant’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 asignificant role in the registrant’s internal control over financial reporting.       Dated:May 3, 2006 By: /s/ Frank T. Sample              Frank T. Sample      President, Chief Executive Officer and      Chairman of the Board of Directors
# C_2017425EN.01000301.xml

| 12.12.2017 | EN | Official Journal of the European Union | C 425/3 |
| --- | --- | --- | --- |

12.12.2017

EN

Official Journal of the European Union

C 425/3

---

Non-opposition to a notified concentration

(Case M.8239 — NKT Holding A/S/ABB High Voltage Cable Business)

(Text with EEA relevance)

(2017/C 425/02)

On 27 February 2017, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

1

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8239. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8239. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

1

---
**Exhibit 32.2**

 

**CERTIFICATION PURSUANT TO**

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

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEYACT OF 2002**

 

Pursuant to 18 U.S.C. § 1350 (adopted pursuantto §906 of the Sarbanes-Oxley Act of 2002), I, the undersigned Chief FinancialOfficer of Dakota Growers Pasta Company, Inc. (the “Company”), hereby certifythat the Quarterly Report on Form 10-Q of the Company for the quarterly periodended January 31, 2006 (the “Report”) fully complies with the requirements ofsection 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, andthat information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operation of the Company.

 

Date:  March17, 2006

 
|   | /s/ Edward O. Irion              |   |
|--------|----------------------------------|--------|
|   |                             |
|   | Edward O. Irion                  |
|   | * Chief  Financial Officer* |

 

----
Exhibit 35.1



|     |  |                                                                                                          
|---- |  | ---------------------------------------------------------------------------------------------------------
|LOGO |  | Commercial Mortgage Servicing D1050-084, 8th Fl 401 South Tryon Street
Charlotte, NC 28202 1-800-326-1334

ANNUAL STATEMENT OF COMPLIANCE

Reference is hereby made to that certain Pooling and Servicing Agreement dated as of August 1, 2017, by and among CITIGROUP COMMERCIAL
MORTGAGE SECURITIES INC., as Depositor, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Master Servicer, RIALTO CAPITAL ADVISORS, LLC, as Special Servicer, WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee, CITIBANK, N.A., as Certificate Administrator
and PARK BRIDGE LENDER SERVICES LLC, as Operating Advisor and Asset Representations Reviewer with respect to Commercial Mortgage Pass-Through Certificates, Series 2017-CD5 (the Agreement).
Capitalized terms used herein not otherwise defined shall have the meanings assigned in the Agreement.

Pursuant to Section 10.08 of
this Agreement, I, Daniel Bober, Executive Vice President of Commercial Mortgage Services do hereby certify that:



| | 1. | A review of the activities of the Master Servicer during the period from August 1, 2017 through December 31, 2017 (the Reporting Period), and of its performance per the Agreement during such period
has been made under my supervision, and
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | To the best of my knowledge, based on such review, the Master Servicer has fulfilled all of its obligations under the Agreement in all material respects throughout the Reporting Period.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

IN WITNESS WHEREOF, the undersigned has executed this Certificate as of the 28th day of
February 2018.



|                                                      
|------------------------------------------------------
|/s/ Daniel Bober                                      
|Daniel Bober Executive Vice President
Wells Fargo Bank



|                       |  |     
|---------------------- |  | ----
|Wells Fargo Bank, N.A. |  | LOGO
No. 11-6575.

#### James Ladson, Petitioner v. United States.

565 U.S. 992, 132 S. Ct. 534,

181 L. Ed. 2d 374,

2011 U.S. LEXIS 7650.

October 31, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

Same case below, 643 F.3d 1335.
Exhibit 35.11  LOGO 2018 Annual Statement of Servicer Compliance (Item 1123) Pooling and Servicing Agreement (the Pooling and Servicing Agreement) dated as of October 1, 2017 by and among UBS Commercial
Mortgage Securitization, Corp. as Depositor, Wells Fargo Bank, National Association as Master Servicer, Rialto Capital Advisors, LLC as Special Servicer, AEGON USA Realty Advisors, LLC as Fairmount at Brewerytown Special Servicer, Pentalpha
Surveillance, LLC as Operating Advisor, and as Asset Representative Reviewer, Wilmington Trust, National Association, as Trustee and Wells Fargo Bank, National Association as Certificate Administrator relating to the UBS Commercial Mortgage Trust 2017-C4, Commercial Mortgage Pass-Through Certificates, Series 2017-C4 (UBS 2017-C4) The undersigned, a duly authorized officer of Rialto Capital Advisors, LLC, as special servicer (the Special Servicer) herein certifies to the
following:  1.
All servicing activities and performance of such servicing activities under the Pooling and Servicing Agreement
are performed on behalf of the Special Servicer.  2.
A review of the servicing activities and performance by the Special Servicer for the period of January 1,
2018 to December 31, 2018 (the Reporting Period) in accordance with the Pooling and Servicing Agreement has been conducted under my supervision.  3.
To the best of my knowledge, based on such review, the Special Servicer has fulfilled all of its obligations
under the terms of the Pooling and Servicing Agreement, in all material respects for the Reporting Period and if there has been a failure to fulfill any such obligations in any material respect, each failure and the nature and status thereof has
been specifically identified herein.  Certified by:

/s/ Adam Singer



Date: March 1, 2019Adam Singer, Managing Director
**EXHIBIT 32.2**
**CERTIFICATION OF CHIEF FINANCIAL OFFICER**
**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 Alion Science and TechnologyCorporation (the “Corporation”) on Form 10-Q for the period ending June 30,2004 as filed with the Securities and Exchange Commission on the date hereof(the “Report”), I, John M. Hughes, Chief Financial Officer of the Corporation,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:
(1) The Report fully complies with the requirements of section13(a) or 15(d) of the Securities Exchange Act of 1934; and (2) The information contained in the Report fairly presents, inall material respects, the financial condition and result ofoperations of the Corporation.   Date: August 13, 2004   By: /s/ John M. Hughes Name: John M. Hughes Title: Chief Financial Officer
No. 09-6995.

#### Richard Paul Riggins, Petitioner v. Texas.

559 U.S. 988, 130 S. Ct. 1733,

176 L. Ed. 2d 208,

2010 U.S. LEXIS 1940.

March 1, 2010.

Petition for rehearing denied.

Former decision, 558 U.S. 1095, 130 S. Ct. 1022, 175 L. Ed. 2d 626, 2009 U.S. LEXIS 9031.
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 Cobalis Corp. (the "Company") on Form
10-QSB for the quarter ending September 30, 2005 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), each of the
undersigned, in the capacities and on the date indicated below, hereby
certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that to his 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.




Dated:  November 21, 2005           By:  /s/ Chaslav Radovich
                                        ---------------------------------------
                                        Chaslav Radovich
                                        Chief Executive Officer and
                                        Chief Financial Officer
# C_2017383EN.01000101.xml

| 14.11.2017 | EN | Official Journal of the European Union | C 383/1 |
| --- | --- | --- | --- |

14.11.2017

EN

Official Journal of the European Union

C 383/1

---

Non-opposition to a notified concentration

(Case M.8676 — Hellman & Friedman/Nets)

(Text with EEA relevance)

(2017/C 383/01)

On 7 November 2017, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

1

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8676. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8676. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

1

---
# 7

Emissions Defect Informathw. Report

EDIR Number: 2011.02.10.05 Manufacturer: Kia Motors Corporation 2. Description of the defect: Some 2011 model year Sorento's equipped with 3.5 liter engines have experienced a malfunction indicator light (MIL) illumination with a diagnostic trouble code P0017 set, indicating a bank 1exhaust tooth offset error even though a malfunction as not occurred. This is due to improper programming of the PCM threshold for a malfunction. To correct this problem, Kia has reprogrammed the PCM. Description of vehicles potentially affected by the defect: Maker Model Year Test Group Sales Volume Kia Sorento 3.5L 2011 BKMXT03.5XW5 34,400

4. The number of vehicles containing the defect and the means by which the number of involved vehicles was determined: Number of involved vehicles: All vehicles could be potentially affected by this problem. In addition, all unscreened claims of this condition received by I ecember 8, 2010, are listed below for reference. Model Unscreened Unscreened

Model Year Claims Sales Volume Claim Rate (%) Sorento 3.5L 2011 39 34,400 0.11 Address of involved assembly plant: Kia Motors Manufacturing Georgia, Inc., West Point, Georgia, USA 5. Evaluation of the emission and driveability impact of the defect: As this is a "false MIL" condition, this issue does not affect vehicle emission performance or driveability. Available emission that relate to the defect: No specific test data is available. 7. Anticipated follow-up by Kia Kia will publish a Technical Service Iulletin (TSB) to provide repair information to KIA gram affected power-train control units. dealers for this condition, and will

Model
# C_2017278EN.01000102.xml

| 22.8.2017 | EN | Official Journal of the European Union | C 278/1 |
| --- | --- | --- | --- |

22.8.2017

EN

Official Journal of the European Union

C 278/1

---

Non-opposition to a notified concentration

(Case M.8512 — A.P. Moller Maersk/Danske Bank/Gatetu)

(Text with EEA relevance)

(2017/C 278/02)

On 16 August 2017, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

1

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8512. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8512. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

1

---
No. 11-7182.

#### Jeffrey T. Popp, Petitioner v. Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division.

565 U.S. 1125, 132 S. Ct. 1032,

181 L. Ed. 2d 760,

2012 U.S. LEXIS 111,

January 9, 2012.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.