alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
F I L E D

United States Court of Appeals

Tenth Circuit

APR 16 1998

PATRICK FISHER

Clerk

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

GEORGE W. WAYMAN, JESS C. SMITH,

BRAD RHODES, JOHN REENTS, and

BUDDY R. HILL,

Plaintiffs-Appellants,

&

JAMES L. MCKOWN, THOMAS

McCLERNON, HAROLD CLARKE,

and TROY M. BOTKIN,

Plaintiffs-Counter-DefendantsAppellants,

 

& No. 96-3247

(D.C. No. 91-1451-MLB)

GREGORY L. MCKOWN, (D. Kan.)

 (923 F.Supp. 1322)

Plaintiff,

&

DALE STANISLAUS, ARLIN “BUD”

F. ROAT, CHARLIE REID, STEVEN L.

MCKOWN, DONALD B. HOWELL,

ROBERT HENDERSON, and ROBERT

C. CONNOR,

Plaintiffs-Counter-Defendants,

v.

AMOCO OIL COMPANY, a Maryland

Corporation,

Defendant-Counter-PlaintiffAppellee.

 
*

 This order and judgment is not binding precedent, except under the doctrines of

law of the case, res judicata, and collateral estoppel. The court generally disfavors the

citation of orders and judgments; nevertheless, an order and judgment may be cited under

the terms and conditions of 10th Cir. R. 36.3.

2

STATE OF KANSAS,

Intervenor.

 

ORDER AND JUDGMENT*

 

Before BALDOCK, HOLLOWAY, AND MURPHY, Circuit Judges.

 

Plaintiffs are independent Amoco service-station dealers in the Wichita, Kansas,

area. Plaintiffs’ relationship with Defendant Amoco Oil Company is two-tiered.

Plaintiffs are (1) franchisees of Amoco, selling Amoco gasoline and automotive products,

and (2) lessees of Amoco, leasing Amoco service-station facilities. Amoco requires

Plaintiffs to sign standardized form contracts governing both their franchisor-franchisee

relationship and their lessor-lessee relationship. The “Dealer Supply Agreement” or DSA

is the principle franchise agreement. The “Lease Agreement” is the principle lease

agreement.

In their complaint, Plaintiffs allege seven Kansas state law causes of action against

Amoco, including two counts for breach of contract, two counts for misrepresentation,

one count for breach of lease, one count for breach of fiduciary duties, and one count for

violation of the Kansas Consumer Protection Act. In a carefully drawn forty-three page

opinion, the district court granted Amoco summary judgment on all counts of Plaintiffs’
3

complaint. Wayman v. Amoco Oil Co., 923 F. Supp. 1322 (D. Kan. 1996). Plaintiffs

appeal the district court’s grant of summary judgment. Our jurisdiction arises under 28

U.S.C. § 1291. We review a grant of summary judgment de novo, applying the same

standards as the district court. See Pietrowski v. Town of Dibble, 134 F.3d 1006, 1008

(10th Cir. 1998).

We have carefully reviewed the parties’ briefs on appeal, the district court’s

opinion, and the entire record before us. Based upon our review of the record, we believe

the district court committed no reversible error, and affirm substantially for the reasons

set forth in its opinion.

AFFIRMED.

Entered for the Court

Bobby R. Baldock

Circuit Judge
Jeffrey D. MORELAND, Appellant, v. STATE of Missouri, Respondent.

WD 81531

Missouri Court of Appeals, Western District.

ORDER FILED: April 30, 2019

David A. Kelly, Lee's Summit, MO, Attorney for Appellant.

Eric S. Schmitt, Attorney General, and Shaun J. Mackelprang, Assistant Attorney General, Jefferson City, MO, Attorneys for Respondent.

Before Division Four: Karen King Mitchell, Chief Judge, and Alok Ahuja and Cynthia L. Martin, Judges

**Order**

Per Curiam:

Jeffrey Moreland appeals, following an evidentiary hearing, the denial of his Rule 29.15 motion for post-conviction relief. Moreland raises four claims on appeal: (1) the motion court failed to make sufficient findings of fact and conclusions of law on all claims raised in the amended motion; (2) trial counsel was ineffective in failing to object under the Sixth Amendment's Confrontation Clause to testimony from a medical examiner who did not perform the victim's autopsy; (3) the motion court erred in concluding that trial counsel's failure to present a firearms expert to counter the conclusions from the State's firearms expert was based upon trial strategy; and (4) trial counsel was ineffective in failing to present evidence to support a defense of an alternate perpetrator. Affirmed. Rule 84.16(b).
IN THE SUPREME COURT OF TEXAS

- - - - - - - -

NO. 18-1104

CORA SUE SANCHEZ,

INDIVIDUALLY AND AS

REPRESENTATIVE OF THE

ESTATE OF ANTHONY TONY

SANCHEZ, JENNIFER PASOWICZ

AND JULIE MARIE SANCHEZ

v.

ROBERT'S TRUCK CENTER OF

TEXAS, LLC AND ROBERT'S

TRUCK CENTER HOLDING

COMPANY, LLC §

§

§

§

§

§ Ector County,

7th District.

March 29, 2019

Petitioners' petition for review, filed herein in the above numbered and styled case,

having been duly considered, is ordered, and hereby is, denied.

         

I, BLAKE A. HAWTHORNE

, Clerk of the Supreme Court of Texas, do hereby certify

that the above is a true and correct copy of the orders of the Supreme Court of Texas in the case

numbered and styled as above, as the same appear of record in the minutes of said Court under

the date shown.

It is further ordered that petitioners, CORA SUE SANCHEZ, INDIVIDUALLY AND

AS REPRESENTATIVE OF THE ESTATE OF ANTHONY TONY SANCHEZ, JENNIFER

PASOWICZ AND JULIE MARIE SANCHEZ, pay all costs incurred on this petition.

WITNESS my hand and seal of the Supreme Court of Texas, at the City of Austin, this

the 9th day of May, 2019

.

Blake A. Hawthorne, Clerk

By Monica Zamarripa, Deputy Clerk
[No. 51501-2-I.

Division One.

May 3, 2004.]

#### *In the Matter of the Estate of*John J. Olson, et al.

Appeal from judgments of the Superior Court for King County, No. 02-4-01503-1, William L. Downing, J., entered October 25, November 25, and December 4, 2002. *Affirmed*by unpublished opinion per Cox, C.J., concurred in by Appelwick and Schindler, JJ.
EXHIBIT 32.2



CERTIFICATION OF CHIEF FINANCIAL OFFICER







PURSUANT TO 18 U.S.C. SECTION 1350



In connection with this Annual Report of Gold Standard Mining Corp. (the Company) on Form 10-K for the period ending December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, John Golomazos,  the Chief Financial Officer and Director 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 my knowledge:



1.   Such Annual Report on Form 10-K for the period ending December 31, 2009, 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 such Annual Report on Form 10-K for the period ending December 31, 2009, fairly presents, in all material respects, the financial condition and results of operations of the Company.



Date:  April 14, 2010



/s/   John Golomazos

John Golomazos

Chief Financial Officer, and Director
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5539 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  2d Session
                                H. R. 5539

_______________________________________________________________________

                                 AN ACT

 
      To reauthorize the North American Wetlands Conservation Act.

    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 ``North American Wetlands Conservation 
Reauthorization Act of 2006''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    Section 7(c) of the North American Wetlands Conservation Act (16 
U.S.C. 4406(c)) is amended by striking ``fiscal year 2007'' and 
inserting ``each of fiscal years 2008 through 2012''.

            Passed the House of Representatives September 12, 2006.

            Attest:

                                                                 Clerk.
109th CONGRESS

  2d Session

                               H. R. 5539

_______________________________________________________________________

                                 AN ACT

      To reauthorize the North American Wetlands Conservation Act.
```
[Federal Register Volume 74, Number 54 (Monday, March 23, 2009)]
[Notices]
[Pages 12143-12144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6343]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Eunice Kennedy Shriver National Institute of Child Health and 
Human Development; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Child Health and Human 
Development Special Emphasis Panel; Multi-Drug Combinations to 
Promote Neurological Recovery in Traumatic Brain Injury.
    Date: April 16, 2009.
    Time: 8 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Ramada Inn Rockville, 1775 Rockville Pike, Rockville, MD 
20852.
    Contact Person: Anne Krey, Scientific Review Administrator, 
Division of Scientific Review, National Institute of Child Health 
and Human Development, National Institutes of Health, Bethesda, MD 
20892, 301-435-6908.

(Catalogue of Federal Domestic Assistance Program Nos. 93.864, 
Population Research;

[[Page 12144]]

93.865, Research for Mothers and Children; 93.929, Center for 
Medical Rehabilitation Research; 93.209, Contraception and 
Infertility Loan Repayment Program, National Institutes of Health, 
HHS)

    Dated: March 17, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. E9-6343 Filed 3-20-09; 8:45 am]
BILLING CODE 4140-01-P
Document Headings

                    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.                  

###### Department of Agriculture

###### Forest Service

# AGENCY:

Forest Service, USDA. 

# ACTION:

Notice of meeting. 

# SUMMARY:

The Hood/Willamette Resource Advisory Committee (RAC) will meet on Friday, April 24, 2009. The meeting is scheduled to begin at 9:30 a.m. and will conclude at approximately 12 p.m. The meeting will be held at Salem Office of the Bureau of Land Management Office; 1717 Fabry Road SE; Salem, Oregon; (503) 375-5646. The tentative agenda includes: (1) Orientation; (2) Election of chairperson; (3) Decision on overhead rate for 2009 and 2010 projects; (4) Presentation of 2009 and 2010 Projects; and (5) Public Forum. 

                        The Public Forum is tentatively scheduled to begin at 10:30 a.m. Time allotted for individual presentations will be limited to 4-5 minutes. Written                               ( print page 11711)                            comments are encouraged, particularly if the material cannot be presented within the time limits for the Public Forum. Written comments may be submitted prior to the April 24th meeting by sending them to Donna Short at the address given below.                     

# FOR FURTHER INFORMATION CONTACT:

For more information regarding this meeting, contact Donna Short; Sweet Home Ranger District; 4431 Highway 20; Sweet Home, Oregon 97386; (541) 367-3540. 

Dated: March 11, 2009. 

Dallas J. Emch, 

Forest Supervisor. 

 [FR Doc. E9-5799 Filed 3-18-09; 8:45 am] 

BILLING CODE 3410-11-M
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5620 Introduced in House (IH)]

109th CONGRESS
  2d Session
                                H. R. 5620

  To extend the patent term for the badge of the Sons of the American 
                    Legion, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 14, 2006

  Mr. Cannon introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To extend the patent term for the badge of the Sons of the American 
                    Legion, and for other purposes.

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

SECTION 1. PATENT TERM EXTENSION FOR THE BADGE OF THE SONS OF THE 
              AMERICAN LEGION.

    The term of a certain design patent numbered 92,187 (for the badge 
of the Sons of the American Legion) is renewed and extended for a 
period of 14 years beginning on the date of enactment of this Act, with 
all the rights and privileges pertaining to such patent.
                                 <all>
```
IV 

118TH CONGRESS 

1ST SESSION H. RES. 254 

Expressing support for the designation of the week of March 26, 2023, 

through April 1, 2023, as ‘‘National Cleaning Week’’. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 24, 2023 

Mr. LAHOOD submitted the following resolution; which was referred to the 

Committee on Energy and Commerce 

RESOLUTION 

Expressing support for the designation of the week of March 

26, 2023, through April 1, 2023, as ‘‘National Cleaning 

Week’’. 

Whereas cleaning and disinfection are an investment in protecting human health and safety; 

Whereas the Centers for Disease Control and Prevention 

stresses the importance of routine cleaning and disinfecting to protect public health; 

Whereas ISSA, the Worldwide Cleaning Industry Association, 

found that routine cleaning and disinfection reduce the 

number of surfaces contaminated by viruses by 62 percent and thereby significantly reduce the rate of transmission of infectious diseases; 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HRES 254 IH 

Whereas manufacturers and distributors produce and deliver 

critical cleaning and hygiene products; and 

Whereas essential frontline cleaning professionals work tirelessly to keep our schools, hospitals, workplaces, and 

other spaces healthy and safe for us all: Now, therefore, 

be it 

1 Resolved, That the House of Representatives— 

2 (1) recognizes the commitment and essential 

3 services provided by the cleaning industry in main4 taining clean and sanitary conditions; and 

5 (2) supports the designation of ‘‘National 

6 Cleaning Week’’ to continue to promote safe and 

7 clean environments at work, in schools, and at home. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
I 

109TH CONGRESS 

2D SESSION H. R. 5575 

To provide a mechanism for the determination on the merits of the claims 

of claimants who met the class criteria in a civil action relating to 

racial discrimination by the Department of Agriculture but who were 

denied that determination. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 9, 2006 

Mr. CHABOT (for himself, Mr. SCOTT of Virginia, Mr. SENSENBRENNER, Mr. 

BACHUS, Ms. JACKSON-LEE of Texas, Mr. WATT, and Mr. THOMPSON

of Mississippi) introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To provide a mechanism for the determination on the merits 

of the claims of claimants who met the class criteria 

in a civil action relating to racial discrimination by the 

Department of Agriculture but who were denied that 

determination. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pigford Claims Rem5 edy Act of 2006’’. 


ycherry on PROD1PC64 with BILLS
2 

•HR 5575 IH

1 SEC. 2. DETERMINATION ON MERITS OF PIGFORD CLAIMS. 

2 (a) IN GENERAL.—Any Pigford claimant who has not 

3 previously obtained a determination on the merits of a 

4 Pigford claim may, in a civil action, obtain that determina5 tion. 

6 (b) INTENT OF CONGRESS AS TO REMEDIAL NATURE

7 OF SECTION.—It is the intent of Congress that this sec8 tion be liberally construed so as to effectuate its remedial 

9 purpose of giving a full determination on the merits for 

10 each Pigford claim denied that determination. 

11 (c) DEFINITIONS.—In this Act— 

12 (1) the term ‘‘Pigford claimant’’ means an indi13 vidual who previously submitted a late-filing request 

14 under section 5(g) of the consent decree in the case 

15 of Pigford v. Glickman, approved by the United 

16 States District Court for the District of Columbia on 

17 April 14, 1999; and 

18 (2) the term ‘‘Pigford claim’’ means a discrimi19 nation complaint, as defined by section 1(h) of that 

20 consent decree and documented under section 5(b) 

21 of that consent decree. 

Æ 


ycherry on PROD1PC64 with BILLS
Exhibit 23


          CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

Board of Directors
CNB Bancorp, Inc.:

We consent to incorporation by reference in the registration statements, Form
S-8 (No. 333-90658), Form S-8 (No. 333-83303), Form S-8 (No. 333- 49762), and
Form S-3D (No. 333-68474) of CNB Bancorp, Inc. and subsidiaries, of our
report dated February 25, 2005, with respect to the consolidated statements
of condition of CNB Bancorp, Inc. and subsidiaries as of December 31, 2004
and 2003, and the related consolidated statements of income, changes in
stockholders' equity, and cash flows for each of the years in the three-year
period ended December 31, 2004, which report is incorporated by reference in
the December 31, 2004 Annual Report on Form 10-K of CNB Bancorp, Inc.

By /s/ KPMG LLP

Albany, New York
March 28, 2005
Exhibit 32

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Primus Guaranty, Ltd., a Bermuda company (the ‘‘Company’’), on Form 10-Q for the period ended June 30, 2007, as filed with the Securities and Exchange Commission on the date hereof (the ‘‘Report’’), I, Thomas W. Jasper, Chief Executive Officer of the Company, and I, Richard Claiden, Chief Financial Officer of the Company, each certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

|  |           |                                                                                                                                        |
|--|-----------|----------------------------------------------------------------------------------------------------------------------------------------|
|  | (1)  | to my knowledge, 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. |

Date: August 8, 2007

|  | /s/ Thomas W. Jasper                         Thomas W. JasperChief Executive Officer |
|--|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|  | /s/ Richard Claiden                            Richard ClaidenChief Financial Officer |
|--|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

----
UN PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 17
- 7217

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. SHAWN TEMIA STRAIN , Defendant

- Appellant

.

Appeal from the United States District Court for the Eastern District of North Carolina , at Raleigh

. Louise W. Flanagan , District Judge. ( 5:14

- cr - 00060

- FL

- 1; 5:17

- cv - 00230

- FL )

Submitted : Decembe r 19 , 2017 Decided: December 22, 2017

Before SHEDD, AGEE, and DIAZ , Circuit Judges.

Dismissed by un published per curiam opinion

. Shawn Temia Strain, Appellant Pro Se. Seth Morgan Wood, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Shawn Temia Strain seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (B) (2012). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the district court denies relief on the merits, a prisoner satisfies this standard by d emonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the distric t court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that Strain has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequat ely presented in the materials before this court and argument would not aid the decisional process.
DISMISSED
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D17-4191

_____________________________

TYREE HARRIS,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Duval County.

Linda F. McCallum, Judge.

September 24, 2018

PER CURIAM.

AFFIRMED.

ROBERTS, RAY, and WINSOR, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Tyree Harris, pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Anne C. Conley, 

Assistant Attorney General, Tallahassee, for Appellee.