alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### OREGON MUTUAL INSURANCE COMPANY, an Oregon Corporation, Plaintiff-Appellant, v. NATIONAL GENERAL INSURANCE COMPANY, a Missouri Corporation, Defendant-Appellee.

No. 10-15957.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted May 13, 2011.

Filed June 8, 2011.

*803Todd William Baxter, Esquire, Gordon M. Park, Esquire, Scott M. Reddie, McCormick Barstow, LLP, Fresno, CA, for Plaintiff-Appellant.

Paul D. Loreto, Esquire, The Loreto Law Firm, Huntington Beach, CA, for Defendant-Appellee.

Before: HUG and PAEZ, Circuit Judges, and WATSON, District Judge.*

*

 The Honorable Michael H. Watson, United States District Judge for the Southern District of Ohio, sitting by designation.

MEMORANDUM **

Oregon Mutual Insurance Company (“Oregon”) appeals the district court’s grant of summary judgment in favor of National General Insurance Company (“National”) in this insurance coverage dispute stemming from a dog bite sustained when the claimant approached the dog which was in the back of the insured’s parked pickup truck. After Oregon settled legal claims against the insured, it filed suit in federal district court against National seeking equitable contribution, subrogation, indemnity, and declaratory relief. We have jurisdiction under 28 U.S.C. § 1291. We review *de novo*the district court’s ruling on cross motions for summary judgment, *Donohue v. Quick Collect, Inc.,*592 F.3d 1027, 1030 (9th Cir.2010), and affirm the district court’s ruling.

This case requires us to determine whether the injury sustained as a result of the dog bite arose out of the use of the truck. We hold that it did not. The “term ‘use’ when applied to a motor vehicle shall only mean operating, maintaining, loading, or unloading a motor vehicle.” Cal. Ins. Code § 11580.06(g). The events giving rise to a claim under an automobile insurance policy must arise out of, and be related to, the “use” of the vehicle. *See Am. Nat’l Prop. & Cas. Co. v. Julie R.,*76 Cal.App.4th 134, 138, 90 Cal.Rptr.2d 119 (1999). The vehicle’s operation, movement, maintenance, loading, or unloading must be a substantial factor or predominating cause of the claimant’s injury. *State Farm Mut. Auto. Ins. Co. v. Grisham,*122 Cal.App.4th 563, 566-68, 18 Cal.Rptr.3d 809 (2004). That the vehicle merely served as the situs of the injury is insufficient to find that the injury arose out of the “use” of the automobile. *Julie R.,*76 Cal.App.4th at 140, 90 Cal.Rptr.2d 119.

In this case, although the dog occupied the truck’s bed, the insured’s “use” of the truck was not a predominating cause of the injury; the truck merely provided the si-tus for the injury. Accordingly, as the injury from the dog bite did not arise out of the “use” of the vehicle, a claim under the auto insurance policy fails and we affirm the district court’s grant of summary judgment in favor of National.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
**Exhibit 13.1**

 

**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 Annual Report on Form 20-F of Alcon, Inc., a corporation organized under the laws of Switzerland (the "Company"), for the period ended December 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), each of the undersigned officers of the Company certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 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 (15 U.S.C. 78m(a) or 78o(d)); 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: | March 19, 2007 | /s/ Cary R. Rayment |
|--------|----------------|---------------------|

|   | Cary R. Rayment |
|--------|-----------------|

|   | Chairman of the Board, President |
|--------|----------------------------------|

and Chief Executive Officer

 

 

| Dated: | March 19, 2007 | /s/ Jacqualyn A. Fouse |
|--------|----------------|------------------------|

|   | Jacqualyn A. Fouse |
|--------|--------------------|

|   | Senior Vice President, Finance and |
|--------|------------------------------------|

|   | Chief Financial Officer |
|--------|-------------------------|
JEFFERSON RAMIREZ

,

Appellant,

v.

STATE OF FLORIDA

,

Appellee

. IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

CASE NO. 1D 15

- 5003

______ _______________________/

Opinion filed February 9, 2016.

An appeal from an order of the Circuit Court for Clay County

. John H. Skinner , Judge

.

Jefferson Ramirez , pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Julian E. Markham, Assistant Att orney

General, Tallahassee , for Appellee.

PER CURIAM.

AFFIRMED.

WETHERELL, RAY, and KELSEY, JJ., CONCUR.
USDC IN/ND case 1:16-cv-00138-TLS-SLC   document 93   filed 07/20/18   page 1 of 2

USDC IN/ND case 1:16-cv-00138-TLS-SLC   document 93   filed 07/20/18   page 2 of 2
EX-10.26



 Exhibit 10.26 

Por Liu [(NRIC number)] 
 [Address]

 December 22, 2014 
 Board of Directors 

Parakou Tankers, Inc. 
 9 Temasek Boulevard 

#32-01 Suntec Tower Two 
 Singapore 038989 

Dear Sirs, 
 I, Por Liu [(NRIC number)], hereby agree to provide
funding and financial support to Parakou Tankers, Inc. and its subsidiaries as of the date of this letter (together, the “Company”), to enable the Company to operate as a going concern on a consolidated basis and to meet in full its
financial obligations as and when they fall due for the next twelve months from the date of this letter; provided that: (1) this commitment is only up to a maximum amount of US$15 million; (2) any party claiming any obligation, liability,
expense or cost be paid by me on behalf of the Company pursuant to this letter shall first have to directly request payment from, and directly pursue payment with, the Company as the primary obligor of any such claim and my obligation under this
letter shall only exist as a secondary obligor and shall only arise after such party has pursued such claimed payment to the fullest extent possible without success from the Company, including after exhausting all legal and commercial remedies that
are available to such claiming party; and (3) I am providing this letter to the Company on commercial, arms-length terms in consideration for the promises set forth herein, without regard to the number of the Company’s common shares that I
own, either now or as contemplated after the mergers described in the Proxy Statement/Prospectus of Cambridge Capital Acquisition Corporation that will be filed with the U.S. Securities and Exchange Commission. 

[Signature Page Follows] 







 Yours faithfully, 
  

	
	
	/s/ Por Liu
	Por Liu

 Agreed to and Acknowledged by: 
  

					
	PARAKOU TANKERS, INC.
		
	By:		/s/ Gregory A McGrath
			Name:		Gregory A McGrath
			Title:		Chief Financial Officer

 c.c. Deloitte & Touche LLP
Exhibit 32.1
                                  ------------


                      Statement of Chief Executive Officer
         Pursuant to Section 1350 of Title 18 of the United States Code


Pursuant to Section 1350 of Title 18 of the United States Code, the undersigned,
Denis A. Krusos, the Chairman of the Board and Chief Executive Officer of
CopyTele, Inc., hereby certifies that:

     1.   The Company's Form 10-Q Quarterly Report for the period ended July 31,
          2007 (the "Report") fully complies with the requirements of Section
          13(a) or 15(d) of the Securities Exchange Act of 1934; and

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


                                                       /s/ Denis A. Krusos
                                                       -------------------------
                                                       Denis A. Krusos
                                                       Chairman of the Board and
September 17, 2007                                     Chief Executive Officer
EXHIBIT 99.1




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

     In  connection  with  the  Annual  Report of  New  England Bancshares, Inc.
(the  "Company")  on Form  10-KSB/A  for the fiscal year ended March 31, 2003 as
filed with the Securities and Exchange  Commission (the  "Report"),  I, David J.
O'Connor,  President  and  Chief  Executive  Officer  of the  Company,  certify,
pursuant to 18 U.S.C. ss.1350, as added by Section 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 Company as of and for the period covered by the Report.


 Date: July 29, 2003                /s/ David J. O'Connor
                                    --------------------------------
                                    David J. O'Connor
                                    President, Chief Executive Officer,
                                    chief financial officer and Director



A signed  original  of this  written statement required  by Section 906 has been
provided to New  England  Bancshares,  Inc.  and will be retained by New England
Bancshares, Inc. and furnished to the Securities and Exchange Commmission or its
staff upon request.
Order entered December 19 , 2014

In The 

## Court of Appeals **Fifth District of Texas at Dallas**
No. 05
- 14
- 01459
- CV STEVEN E. LAU, TRUST EE OF THE STEVEN E. LAU TRUST, STEVEN E. LAU, INDIVIDUALLY, AND KE N MORRIS, Appellant s V. JAMES REEDER AND EDD IE CORBIT T, Appellee s On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. 98
- 00869
- D 

### O RDER This appeal involves the same parties and stems from the same underlying cause as appellate cause number 05

- 00

- 01020

- CV, which was an a ppeal from a summary judgment. By order entered December 3, 2014, we granted appellants’ motion to transfer the reporter’s and clerk’s records from the prior appeal into this cause number. Th os e records, however, cannot be located. Accordingly, we ORDER appellants to fil e, no later than January 5, 2015 , either written verification that they (1) have filed requests with the trial court clerk and court reporter specifying items from the earlier summary judgment they wish to have included in a supplemental record , or, (2 ) no longer desire items from the earlier summary judgment to be made a part of this appeal

.
/s/ CRAIG STODDART JUSTICE
I 

109TH CONGRESS 

1ST SESSION H. R. 2382 

To suspend temporarily the duty on Butralin. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 16, 2005 

Mrs. MYRICK introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To suspend temporarily the duty on Butralin. 

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

3 SECTION 1. BUTRALIN. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.12.01 N-sec-butyl-4-tert-butyl-2,6- 

dinitroaniline (CAS No. 

33629–47–9) (provided for 

in subheading 2921.43.90) 

and any mixtures containing 

such compound (provided for 

in subheading 3808.30.15) .. Free Free No change On or before 

12/31/2008 ’’. 
2 

•HR 2382 IH 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of enactment of this Act. 

Æ
#### The People of the State of New York, Respondent, v Frank Williams, Appellant.

Appeal by defendant from a judgment of the County Court, Westchester County (Martin, J.), rendered June 7, 1982, convicting him of burglary in the third degree (two counts), grand larceny in the third degree, criminal mischief in the third degree and criminal mischief in the fourth degree, upon a jury verdict, and sentencing him to two consecutive terms of imprisonment of *3Vz*to 7 years to run concurrent with an indeterminate term of imprisonment of 2 to 4 years and two definite terms of imprisonment of one year.

Judgment modified, as a matter of discretion in the interest of justice, to provide that the two indeterminate terms of imprisonment of *3V2*to 7 years shall run concurrent with each other. As so modified, judgment affirmed.

Under the facts of this case, the sentence was excessive to the extent indicated. We have examined defendant’s other contentions and find them to be without merit. Lazer, J. P., Bracken, O’Connor and Brown, JJ., concur.
Exhibit 8.1

Significant Subsidiaries



|Entity                         | Jurisdiction of Incorporation | Names Under Which the Entities Conduct Business
|------------------------------ | ----------------------------- | -----------------------------------------------
|                               |                               |                                                
|N.V. Alcon Coordination Center | Belgium                       | N/A                                            
|                               |                               |                                                
|                               |                               |                                                
|Alcon Credit Corporation       | Canton of Zug, Switzerland    | N/A                                            
|                               |                               |                                                
|                               |                               |                                                
|Alcon Holdings Inc.            | State of Delaware, U.S.A.     | N/A                                            
|                               |                               |                                                
|                               |                               |                                                
|Alcon Laboratories, Inc.       | State of Delaware, U.S.A.     | N/A
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




In
connection with the Annual Report of Brownie’s Marine Group, Inc. (the “Company”) on Form
10-K for the fiscal year ended December 31, 2008 as filed with the United States
Securities and Exchange Commission on the date hereof (the “Report”), the
undersigned, in the capacities and on the dates 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, as amended; and




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





Date:
      March 23, 2009
                By:
                /s/ Robert M. CarmichaelName:
                Robert
      M. CarmichaelTitle:
                Principal
      Executive Officer




A signed
original of this written statement required by Section 906, or other document
authentications, 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 Brownie’s Marine Group, Inc and will be
retained by Brownie’s Marine Group, Inc and furnished to the United States
Securities and Exchange Commission or its staff upon request.
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#### UNITED STATES of America, Plaintiff-Appellee, v. Mickey OAKLEY, Defendant-Appellant.

No. 10-4974.

United States Court of Appeals, Fourth Circuit.

Submitted: June 30, 2011.

Decided: Aug. 4, 2011.

Andrew H. Baida, Rosenberg, Martin & Greenberg, L.L.P., Baltimore, Maryland, for Appellant. Rod J. Rosenstein, United States Attorney, Cheryl L. Crumpton, Kristi N. O’Malley, Assistant United States Attorneys, Baltimore, Maryland, for Appellee.

Before GREGORY, SHEDD, and KEENAN, Circuit Judges.

*990Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Mickey Oakley was convicted following his conditional guilty plea to possession with intent to distribute heroin, in violation of 21 U.S.C. § 841(a)(1) (2006), and possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c) (2006). Oakley was sentenced to a total of 292 months of imprisonment. On appeal, Oakley contends that the district court erred in denying his motion to suppress heroin and other evidence obtained as the result of illegal searches and seizures conducted in violation of the Fourth Amendment. We affirm.

We review factual findings underlying the district court’s denial of a motion to suppress for clear error and its legal conclusions de novo. *United States v. Blake,*571 F.3d 381, 338 (4th Cir.2009), *cert. denied,*— U.S. -, 130 S.Ct. 1104, 175 L.Ed.2d 919 (2010). We construe the evidence in the light most favorable to the Government, as the party prevailing below. *United States v. Griffin,*589 F.3d 148, 150 (4th Cir.2009), *cert. denied,*— U.S. -, 131 S.Ct. 1599, 179 L.Ed.2d 503 (2011).

Credible evidence shows that investigating officers’ independent observations of Oakley acting as predicted by a confidential source provided reasonable suspicion that Oakley was engaged in criminal activity justifying an investigatory stop. *Illinois v. Wardlow,*528 U.S. 119, 123, 120 S.Ct. 673, 145 L.Ed.2d 570 (2000); *Terry v. Ohio,*392 U.S. 1, 30, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). Furthermore, credible evidence established that when officers activated their lights and blocked Oakley’s vehicle with their own, Oakley rapidly reversed his vehicle and crashed into the police vehicle in an apparent attempt to escape. As Oakley failed to yield to the show of authority, no seizure implicating the Fourth Amendment occurred at that moment. *California v. Hodari D.,*499 U.S. 621, 626, 111 S.Ct. 1547, 113 L.Ed.2d 690 (1991); *Brower v. County of Inyo,*489 U.S. 593, 598, 109 S.Ct. 1378, 103 L.Ed.2d 628 (1989); *United States v. Letsinger,*93 F.3d 140, 143-46 (4th Cir.1996). Consequently, the district court did not err in denying the motion to suppress.

Accordingly, we affirm the judgment of the district court. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*AFFIRMED.*
---

EXHIBIT 32.2

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350, AS ADOPTED
PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Hamish Malkin, Chief Financial Officer of Argentex Mining
Corporation, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

|(1) | the Annual Report on Form 10-KSB of Argentex Mining
      Corporation for the year ended January 31, 2008 (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 Argentex Mining Corporation.                                                               

Dated: April 30, 2008

| | /s/
      Hamish Malkin                   
| | ------------------------------------------
| | Hamish Malkin                             
| | Chief Financial Officer                   
| | (Principal Financial Officer and Principal
| | Accounting Officer)                       
| | Argentex Mining Corporation               

A signed original of this written statement required by 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 Argentex Mining
Corporation and will be retained by Argentex Mining Corporation and furnished to
the Securities and Exchange Commission or its staff upon request.

---