alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
_________________________________________ 

 

 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

November 29, 2007 Clifford W. Taylor,

 Chief Justice 

133737 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

BRIGGS TAX SERVICE, L.L.C., Robert P. Young, Jr. 

Stephen J. Markman, KAY BEE KAY PROPERTIES, L.L.C., Justices and 15651 WARREN AVE CO., L.L.C., 

Plaintiffs-Appellants, 

v SC: 133737 

 COA: 271631 
 Wayne CC: 05-523201-CZ

DETROIT PUBLIC SCHOOLS, DETROIT

BOARD OF EDUCATION, CITY OF

DETROIT, WAYNE COUNTY TREASURER, 

KENNETH BURNLEY, KEN A. FORREST, 

DORI FREELAIN, PAMELA ANSTEY, 

MICHAEL BRIDGES, MARY ELLIS,

ROBERT MOORE, NELIDA BRAVO,

MAVIS COFIELD, W. FRANK FOUNTAIN, 

GERALD K. SMITH, REGINALD TURNER, 

TOM WATKINS, WILLIAM C. BROOKS, 

BELDA GARZA, MICHAEL TENBUSCH, 

GENEVA WILLIAMS, MARK A. DOUGLAS, 

ALLAN SPOONER, and ALMA STALWORTH, 

Defendants-Appellees. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the March 13, 2007 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court. 

p1119 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

November 29, 2007 

 Clerk
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

STEPHEN LIEBB,

 Petitioner - Appellant,

 v.

VINCE CULLEN, Acting Warden, Acting

Warden,

 Defendant - Appellee.

No. 08-17080

D.C. No. 4:04-cv-04213-CW

MEMORANDUM*

Appeal from the United States District Court

for the Northern District of California

Claudia A. Wilken, District Judge, Presiding

Submitted April 12, 2011** 

San Francisco, California

Before: REINHARDT, HAWKINS, and GOULD, Circuit Judges.

Stephen Liebb appeals the district court’s denial of his petition for a writ of

habeas corpus. Liebb argues that there was not “some evidence” to support the

FILED

APR 14 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
denial of his parole. In light of Swarthout v. Cooke, 131 S. Ct. 859 (2011) (per

curiam), we hold that Liebb’s federal right of due process was not violated. Liebb

does not argue that he was denied an opportunity to speak at his hearing and

contest the evidence against him, that he was denied access to his record in

advance, or that he was not notified of the reasons why parole was denied. See id.

at 862. Accordingly, we affirm the district court’s denial of his habeas petition. 

AFFIRMED.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1679 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 1679

To make supplemental appropriations for fiscal year 2005 to ensure the 
inclusion of commonly used pesticides in State source water assessment 
                   programs, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 19, 2005

 Mr. Andrews introduced the following bill; which was referred to the 
                      Committee on Appropriations

_______________________________________________________________________

                                 A BILL

 
To make supplemental appropriations for fiscal year 2005 to ensure the 
inclusion of commonly used pesticides in State source water assessment 
                   programs, 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. SUPPLEMENTAL APPROPRIATIONS TO ENSURE INCLUSION OF COMMONLY 
              USED PESTICIDES IN STATE SOURCE WATER ASSESSMENT 
              PROGRAMS.

    The following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, to provide supplemental 
appropriations for fiscal year 2005:

                    Environmental Protection Agency

                   state and tribal assistance grants

    For an additional amount for ``State and Tribal Assistance 
Grants'', for grants for the Drinking Water State Revolving Funds under 
section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) for 
State expenses of formulating source water assessment programs under 
section 1453 of such Act, $85,000,000, to remain available until 
expended.
    Hereafter, source water assessment programs under section 1453 of 
such Act shall include (1) the assessment of the pesticides 
chlorothalonil, pendimethalin, paraquat, cyanazine, bensulide, 
chlorpyrifos, diazinon, metalaxyl, and mecoprop; (2) the assessment of 
surface water sources; (3) the assessment of residential drinking 
wells; and (4) the assessment of contaminated soil.
                                 <all>
```
#### EQUITABLE TRUST CO. OF NEW YORK v. ARPEN.

(Supreme Court, Appellate Term.

April 17, 1912.)

Appeal from Municipal Court, Borough of Manhattan, Fifth District. „ Action by the Equitable Trust Company of New York against Diedrich Arpen. From a judgment dismissing the complaint, plaintiff appeals. Reversed, and new trial ordered. McLear & McLear, of New York City (Herbert G. McLear, of counsel), for appellant. Mary Coleman, of New York City, for respondent.

GUY, J.

This is an appeal by the plaintiff from a judgment rendered in the Municipal Court, dismissing the complaint. The action is brought to recover upon a note in the following form: “New York, June 13, 1905. Mr. Archibald C. Haynes, 25 Broad Street, N. Y.—Dear Sir: I hereby acknowledge having received from Mr. C. F. Hartley, L. A. Carey policy No. 1451433, being for $1000.00, on my life in the Equitable Life Assurance Society. You are authorized and requested to pay the amount of the first premium for me upon said policy in order to place the same in force from this date, and I promise to pay to you or to your order the amount so advanced, to wit, $25.75, as follows : July 13, ’05, $12.88 Oct. 13, ’05, $12.87 —$25.75. And I hereby acknowledge and declare that this premium, with interest in advance on all deferred payments, has been settled in full, in conformity with, and in no way contrary to, the laws of the state of New York, and that there is no written or verbal agreement of any kind to release me from the above obligation, or any part thereof. Very truly yours, Diedrich Arpen.” The answer consists of a general denial, and fo$ a separate defense alleges “that, if plaintiff holds any written instruments alleged to be signed by the defendant, the same were procured through fraud and misrepresentation of the agent of the plaintiff herein.” The execution of the instrument was duly proved, and its transfer for value before maturity. The defendant testified that he remembered the execution of the note and the transaction as it occurred at that time, but testified that such note was not to be used until a certain application for insurance had been passed upon by a physician. It appears from the evidence that the agent of the Equitable Life Assurance Society called upon the defendant, and, after some negotiations with him concerning life insurance, the defendant signed an application and the note, which was in payment of the first installment of premium. There is an attempted defense of alleged fraud; hut this defense is in no way borne out by the defendant’s testimony, or any credible evidence in the case. The judgment must therefore be reversed, and a new trial ordered, with costs to the appellant to abide the event. All concur.
##### 



Exhibit 31.2
 CERTIFICATION OF CHIEF FINANCIAL OFFICER
PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
      (a)
    
    Designed such disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under our supervision, to ensure that material information
relating to the registrant, including its consolidated subsidiaries, is made known to us by
others within those entities, particularly during the period in which this report is being
prepared;(b)
    
    Designed such internal control over financial reporting, or caused such internal control
over financial reporting to be designed under our supervision, to provide reasonable
assurance regarding the reliability of financial reporting and the preparation of financial
statements for external purposes in accordance with generally accepted accounting
principles;(c)
    
    Evaluated the effectiveness of the registrants disclosure controls and procedures and
presented in this report our conclusions about the effectiveness of the disclosure controls
and procedures, as of the end of the period covered by this report based on such evaluation;
and(d)
    
    Disclosed in this report any change in the registrants internal control over financial
reporting that occurred during the registrants most recent fiscal quarter that has
materially affected, or is reasonably likely to materially affect, the registrants internal
control over financial reporting; and
  (a)
    
    All significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to adversely affect
the registrants ability to record, process, summarize and report financial information; and(b)
    
    Any fraud, whether or not material, that involves management or other employees who have
a significant role in the registrants internal control over financial reporting.
 /s/ Robert G. GargusRobert G. Gargus,Senior Vice President and Chief Financial OfficerDated: February 5, 2008
Damarcus JOHNSON, petitioner, v. UNITED STATES.

No. 12-10374.

Supreme Court of the United States

June 24, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.
Exhibit 35
                                   ----------


                       COUNTRYWIDE HOME LOANS SERVICING LP


                              OFFICERS' CERTIFICATE
                     ANNUAL STATEMENT OF THE MASTER SERVICER


                                   CWALT, INC.
                        ALTERNATIVE LOAN TRUST 2007-23CB
              MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-23CB


      The undersigned does hereby certify that the undersigned is an officer of
Countrywide GP, Inc., general partner of Countrywide Home Loans Servicing LP
(the "Master Servicer"), and does hereby further certify pursuant to Section
3.16 of the Pooling and Servicing Agreement for the above-captioned Series (the
"Agreement") that:

(i) A review of the activities of the Master Servicer during the preceding
calendar year and of the performance of the Master Servicer under the Agreement
has been made under my supervision; and

(ii) 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 such calendar year.




/s/ Craig Baingo                                      Dated: March 14, 2008
----------------

Craig Baingo
Executive Vice President, Finance
Exhibit 32.1

                            SECTION 906 CERTIFICATION


I, Jeffrey F. O'Donnell, Chief Executive Officer of PhotoMedex, Inc., a Delaware
corporation  (the  "Company"),  do hereby certify,  in accordance with 18 U.S.C.
Section 1350, as created  pursuant to Section 906 of the  Sarbanes-Oxley  Act of
2002, that:

              (1) the accompanying  Quarterly Report on Form 10-Q of the Company
              for the  three  and nine  months  ended  September  30,  2003 (the
              "Report") fully complies with the requirements of Section 13(a) or
              15(d), as applicable,  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.

                                                 PHOTOMEDEX INC.


Dated: November 14, 2003
                                                 By: /S/ JEFFREY F. O'DONNELL
                                                 ----------------------------
                                                      Jeffrey F.O'Donnell
                                                      Chief Executive Officer





         A signed original of this written statement  required by Section 906 of
the   Sarbanes-Oxley   Act  of  2002   ("Section   906"),   or  other   document
authenticating,  acknowledging, or otherwise adopting the signature that appears
in typed form within the electronic  version of this written statement  required
by Section 906, has been  provided to  PhotoMedex,  Inc. and will be retained by
PhotoMedex,  Inc. and furnished to the Securities and Exchange Commission or its
staff upon request.
Exhibit
10.j


 


AMENDMENT TO THE


CHANGE IN CONTROL,


SEVERANCE AND EMPLOYMENT AGREEMENT


FOR D. LYNN VAN BORKULO-NUZZO


 


 


This Amendment to
the Change in Control, Severance and Employment Agreement for D. Lynn Van
Borkulo-Nuzzo (the “Amendment”), is made this 17th day of September, 2003,
between Hudson United Bancorp and Hudson United Bank (collectively, the
“Company”), a New Jersey corporation which maintains its principal office at
1000 MacArthur Boulevard, Mahwah, New Jersey, and D. Lynn Van Borkulo-Nuzzo (the
“Executive”), and amends the Change in Control, Severance and Employment
Agreement for D. Lynn Van Borkulo-Nuzzo, which was made effective as of October
1, 2002 (the “Agreement”).


 


WHEREAS, the
Executive is presently an executive officer of the Company;  and


 


WHEREAS, the
Executive and the Company wish to amend the Agreement to clarify certain
provisions therein;


 


NOW, THEREFORE,
for the good and valuable consideration set forth herein and the Executive’s
continued valuable service to the Company, the Company and the Executive, each
intending to be legally bound hereby, agree as follows:


 


1.             Paragraph 9(d) of the Agreement,
relating to “Payments and Benefits,” is amended by adding the following
language after the end of the first sentence thereof:


 


“For purposes of
the calculation of the bonus amount component of the Lump Sum only, Paragraph
1(b)(ii)(B), regarding the Time of the Change of Control, will be disregarded.”


 


2.             The Company agrees that it will not
treat (for tax reporting purposes or for calculation purposes under Section 10
of the Agreement) any benefits under the Hudson United Bancorp Supplemental
Employees’ Retirement Plan (the “SERP”) as parachute payments under Section
280G of the Internal Revenue Code, to the extent that such benefits were vested
and accrued prior to the occurrence of the change of control, as the SERP was
not adopted in contemplation of such change of control.


 

















 


IN WITNESS WHEREOF, the
Company has caused this Amendment to be signed by its duly authorized
representatives pursuant to the authority of its Board of Directors’
Compensation Committee, and the Executive has personally executed this
Agreement, all as of the day and year first above written.


 


	
  ATTEST:

  	
  HUDSON UNITED BANCORP
  AND

  
	
   

  	
  HUDSON UNITED BANK

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
   

  	
  By:

  	
  /s/ Charles F.X. Poggi

  	
   

  
	
   

  	
   

  	
  Charles F. X. Poggi

  	
   

  
	
   

  	
   

  	
  Chairman, Compensation Committte

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
  WITNESS:

  	
  EXECUTIVE

  
	
   

  	
  /s/ D. Lynn Van Burkolo
  Nuzzo

  	
   

  
	
   

  	
  D. Lynn Van
  Borkulo-Nuzzo
**EXHIBIT 15**

**LETTER FROM INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM REGARDING UNAUDITED INTERIM FINANCIAL INFORMATION**

**LETTER IN LIEU OFCONSENT FOR REVIEW REPORT**

July 24, 2007 

Boeing Capital Corporation 

500 Naches Avenue SW, 3rd Floor 

Renton, Washington 

We have performed a review, in accordance with the standards of the Public Company Accounting Oversight Board (United States), of the unaudited interim financial information of Boeing Capital Corporationand subsidiaries for the periods ended June 30, 2007 and 2006, as indicated in our report dated July 24, 2007; 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-Q for the quarter ended June 30, 2007, isincorporated by reference in Registration Statement Nos. 333-55846 and 333-83208 on Form S-3. 

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 ofthat Act. 

/s/ DELOITTE & TOUCHE LLP 

Seattle, Washington 

 

18
**Exhibit32.2**

 

Certification of ChiefExecutive Officer

Pursuant to 18 U.S.C.Section 1350 as Adopted Pursuant to

Section 906 of theSarbanes-Oxley Act of 2002

 

In connection with the Quarterly Report on Form 10-QSB of Arbor EnTechCorporation (the “Company”) for the fiscal quarter ended January 31, 2005,as filed with the Securities and Exchange Commission (the “Commission”) on thedate hereof (the “Report”), Mark Shefts, as Chief Financial Officer of theCompany, hereby certifies, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)           The Quarterly Report for the fiscalquarter ended January 31, 2005, fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and

 

(2)           The information in the QuarterlyReport, and the information in the Report, fairly presents, in all materialrespects, the financial condition and results of operations of the Company.

 
|                        | /s/ Mark Shefts         |   |
|-----------------------------|-------------------------|--------|
|                        | Mark Shefts             |
|                        | Chief Financial Officer |
| Dated:  March 16, 2005 |                    |

 

1

----
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

SOUTH BEND DIVISION

GARY CLEVENGER,

Plaintiff,

v.

DEAN DAIRY HOLDINGS, LLC

Defendant.

)

)

)

)

)

)

)

)

)

CASE NO. 2:13-cv-00481-JVB-PRC

JOINT STIPULATION OF DISMISSAL WITH PREJUDICE

The parties, by their respective counsel, hereby stipulate to dismiss this matter with

prejudice, pursuant to Federal Rule of Civil Procedure 41, with each party to bear their own costs

and attorneys’ fees.

Respectfully submitted,

Paul J. Cummings (w/ consent)

David M. Henn, #18002-49

Paul J. Cummings, #22713-41

HENN HAWORTH CUMMINGS

625 N. Madison Ave., Suite A

Greenwood, IN 46142

Telephone: 317.885.0041

Facsimile: 888.308.6503

Email: David.Henn@HHCFirm.com

Paul.Cummings@HHCFirm.com

s/ Robert F. Seidler_____________________

Robert F. Seidler, # 28432-29

Dorothy D. Parson, #24266-49

OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.

111 Monument Circle, Suite 4600

Indianapolis, IN 46204

Telephone: 317.916.1300

Facsimile: 317.916.9076

Email: robert.seidler@ogletreedeakins.com

Email: dorothy.parson@ogletreedeakins.com

20366431.1

USDC IN/ND case 2:13-cv-00481-JVB-PRC document 18 filed 04/15/15 page 1 of 1
[Federal Register Volume 60, Number 101 (Thursday, May 25, 1995)]
[Notices]
[Page 27797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12912]



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


NATIONAL SCIENCE FOUNDATION

Special Emphasis Panel in Information Robotics and Intelligent 
Systems; Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-
463, as amended), the National Science foundation announces the 
following meeting.

    Name: Special Emphasis Panel in Information Robotics and 
Intelligent Systems (1200).
    Date and Time: June 13, 1995, and June 15, 1995, 9:00 a.m. to 
5:00 p.m.
    Place: NSF, 4201 Wilson Blvd., Room 1150, Arlington, VA 22230.
    Type of Meeting: Closed.
    Contact Person: Dr. Howard Moraff, Acting Deputy Division 
Director, National Science Foundation, 4201 Wilson Blvd., Arlington, 
VA 22230. Telephone: (703) 306-1928.
    Purpose of Meeting: To provide advice and recommendations 
concerning proposals submitted to NSF for financial support.
    Agenda: To review and evaluate the Programs Operations.
    Reason for Closing: The proposals being reviewed included 
information of a proprietary or confidential nature, including 
technical information; financial data, such as salaries; and 
personal information concerning individuals associated with the 
proposals. These matters are exempt under 5 U.S.C. 552b(c), (4) and 
(6) of the Government in the Sunshine Act.

    Dated: May 22, 1995.
M. Rebecca Winkler,
Committee Management Officer.
[FR Doc. 95-12912 Filed 5-24-95; 8:45 am]
BILLING CODE 7555-01-M
Exhibit 32.2

CERTIFICATION

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.§ 1350,
as adopted), Robert G. Gargus, Chief Financial Officer of Applied Micro Circuits Corporation (the Company), hereby certifies that, to the best of his knowledge:



|1. | This Quarterly Report on Form 10-Q for the quarterly period ended June 30, 2009 (the Report) fully complies with the requirements of Section 13(a) or
Section 15(d) of the Securities Exchange Act of 1934, as amended (the Exchange Act).
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------

A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and
furnished to the Securities and Exchange Commission (SEC) or its staff upon request.

This certification accompanies the Report
to which it relates, is not deemed filed with the SEC and is not to be incorporated by reference into any filing of the Company under the Securities Act of 1933, as amended, or the Exchange Act (whether made before or after the date of the Report),
irrespective of any general incorporation language contained in such filing.



/s/ ROBERT G. GARGUSRobert G. Gargus,Senior Vice President and Chief Financial Officer


Dated: July 31, 2009
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 DNB Financial Corporation (the
"Registrant") on Form 10-Q for the period ended September 30, 2009 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Gerald F. Sopp, Chief Financial Officer of the Registrant, certify, pursuant to
18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of
2002, that:





(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
Registrant.














/s/ Gerald F.
Sopp


Gerald F.
Sopp


Chief
Financial Officer


November
13, 2009