alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOTE: This disposition is nonprecedential. 

## United States Court of Appeals for the Federal Circuit

2006-5110

JAMES BRADLEY SPAAN, Plaintiff-Appellant,

v. UNITED STATES, Defendant-Appellee.

______ ____________________ DECIDED: December 6, 2006

______ ____________________ Before NEWMAN, Circuit Judge , CLEVENGER, Senior Circuit Judge , and DYK, Circuit Judge

. PER CURIAM. James Bradley Spaan appeals from the Or der of the United States Court of Federal Claims dismissing his compla int for want of jurisdiction. Spaan v. United States , No. 06-CV-454 (June 16, 2006). We affirm

. I Mr. Spaan’s complaint, filed June 8, 2006, is labeled as a Federal Tort Claim. The complaint alleges a variety of wrongs co mmitted by various federal, state and local officials and governmental entities, as we ll as by named corporations and religious groups. Mr. Spaan alleges various crimes committed against him as a part of an international “Conspiracy of Traitors.” He seeks monetary damages, the set aside of hisconvictions in state and feder al courts, voiding of the di ssolution of his m a rriage and entry of an order annulling the marriage on the grounds of fraud, and other declaratory and injunctive relief. The Court of Federal Claims determined t hat the specific wr ongs alleged in
Mr. Spaan’s complaint sound in tort. The jurisd iction of the Court of Federal Claims is defined by statute and expres sly excludes cases soundi ng in tort. 28 U.S.C. § 1491(a)(1) (2000). As the jurisdiction of the court is also expressly limited to claims against the United St ates, the c ourt determined t hat it lacked jurisdiction to adjudicate claims against the non-U.S. government defendants. Furt her, the Court of Federal Claims explained that it lacked jurisdiction to review conv ictions of other state and federal courts. Having car e fully reviewed Mr. Spaan’s l engthy complaint, the c ourt determined that none of Mr. Spaan’s allegations r a ised matter within t he court’s jurisdiction. Consequently, the complaint was dismissed.
II Mr. Spaan timely appealed to this court. We have jurisdiction to review the Order dismissing his complaint, see 28 U.S.C. § 1295(a)(3) (2000), and we review de novo the order dism issing the complaint for want of jurisdiction. Shearin v. United States , 992 F.2d 1195 (Fed. Cir. 1993). We called for the c o mplete record fr om the Court of Federal Cla ims and inspected the 180-page complaint. We s ee no error in the Order dismissing his

2006-5110 2complaint. Mr. Spaan’s alleged wrongs are torts committed either by the Federal Government or by state, loca l or private entitles and individuals over whom t he Court of Federal Claims lacks jurisdiction. The Order dismissing his complaint is affirmed.

2006-5110 3
#### The People of the State of New York ex rel. Earvin Dawson, Respondent, v Harold J. Smith, as Superintendent of Attica Correctional Facility, et al., Appellants. —

Judgment unanimously reversed, on the law, and petition dismissed. Memorandum: This habeas corpus proceeding is converted to a CPLR article 78 proceeding *(see, People ex rel. Corcoran v Smith,*105 AD2d 1142, 1143, *mod*66 NY2d 130) and dismissed as time barred *(People ex rel. Jelich v Smith,*105 AD2d 1125, 1126, *Iv denied*64 NY2d 606). (Appeal from judgment of Supreme Court, Wyoming County, Newman, J. — habeas corpus.) Present — Callahan, J. P., Doerr, Boomer, Pine and Schnepp, JJ.
** **

**Exhibit32.2**

**Certificationof the 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 withthe Quarterly Report on Form 10-Q of PRAECIS PHARMACEUTICALS INCORPORATED (the “Company”)for the quarter ended June 30, 2006 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Edward C. English, as ChiefFinancial Officer of the Company, hereby certify, pursuant to 18 U.S.C. § 1350,as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to thebest of my knowledge:

1.      TheReport fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

2.      Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.
| /s/ Edward C. English                                  |   |
|--------------------------------------------------------|--------|
| Name:  Edward  C. English                    |
| Title:    Chief  Financial Officer |
| Date:    August  4, 2006           |

 

----
#### E. M. Kohn *vs.*Mollie J. Tedford.

May 9, 1891.

Appeal — Review of Evidence — Insufficient “Case.” — Upon a “case” not embracing a statement that it contains all the evidence, and not certified to contain it all, a verdict cannot beset aside as being unsupported by the evidence.

Action brought in the municipal court of Minneapolis, by mortgagee against mortgagor, to recover possession of certain household furniture. The jury found for defendant, and assessed the value of the property at $200. Judgment was entered on the verdict, and the plaintiff appealed.

*Fred Rogers,*for appellant.

O. *Mosness,*for respondent.

*By the Court.*

The only question on this appeal is whether in the making of a loan by the plaintiff, through an agent, there was an agreement for usurious interest. The case contains evidence tending to show that the loan was made upon an agreement for the payment of interest at the rate of 3 per cent, a month, and that the same was paid. But, even if the evidence before us should be deemed insufficient to support the verdict, the appellant could not prevail; for the settled case does not purport to contain all the evidence, nor is it certified to contain it.

Judgment affirmed.
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```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 116 Introduced in Senate (IS)]

105th CONGRESS
  1st Session
                                 S. 116

     To restore the traditional day of observance of Memorial Day.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 21, 1997

  Mr. Inouye introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
     To restore the traditional day of observance of Memorial Day.

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

SECTION 1. RESTORATION OF TRADITIONAL DAY OF OBSERVANCE OF MEMORIAL 
              DAY.

    (a) In General.--Section 6103(a) of title 5, United States Code, is 
amended in the item relating to Memorial Day by striking out ``the last 
Monday in May.'' and inserting in lieu thereof ``May 30.''.
    (b) Display of Flag.--Section 2(d) of the joint resolution entitled 
``An Act to codify and emphasize existing rules and customs pertaining 
to the display and use of the flag of the United States of America'', 
approved June 22, 1942 (36 U.S.C. 174(d)), is amended by striking out 
``the last Monday in May;'' and inserting in lieu thereof ``May 30;''.
    (c) Proclamation.--The President is authorized and requested to 
issue a proclamation calling upon the people of the United States to 
observe Memorial Day as a day for prayer and ceremonies showing respect 
for American veterans of wars and other military conflicts.
                                 <all>
```
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 18

- 2481

_____________________________
N ICOLE F RISARD , Appellant,

v.

B RUCE L EON B ROWN , Appellee.

_____________________________

On appeal from the Circuit Court for Duval County

. Charles W. Arnold , Judge

. April 15, 2019

P ER C URIAM

.
A FFIRMED

. See Applegate v. Barnett Bank of Tallahassee , 377 So. 2d 1150 (Fla. 1979).

R OBERTS , R AY , and J AY , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Michael R. Yokan, Jacksonville
, for Appellant.

Garry W. Crews of The Law Offices of Ronald E. Sholes, P.A., Jacksonville
, for Appellee.
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1211 Enrolled Bill (ENR)]

        S.1211

                       One Hundred Fifth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
 the seventh day of January, one thousand nine hundred and ninety-seven

                                 An Act

 
    To provide permanent authority for the administration of au pair 
                                programs.

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

SECTION 1. PERMANENT AUTHORITY FOR AU PAIR PROGRAMS.

    Section 1(b) of the Act entitled ``An Act to extend au pair 
programs'', approved December 23, 1995 (Public Law 104-72; 109 Stat. 
776) is amended by striking ``, through fiscal year 1997''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
#### ARVEST BANK, OF ROGERS, Appellee, v. TCI BENTONVILLE, INC.; Transcontinental Realty Investors, Inc.; One Realco Land Holdings, Inc., Appellant.

No. 11-2011.

United States Court of Appeals, Eighth Circuit.

Submitted: Nov. 28, 2011.

Filed: Dec. 2, 2011.

Craig Alan Campbell, Charles Eric Ves-ter, Matthews & Campbell, argued, Rogers, AR, for Appellee.

J. Mark Davis, Gary D. Marts, Jr., Wright & Lindsey, argued, Little Rock, AR, for Appellant.

Before MURPHY, ARNOLD, and BENTON, Circuit Judges.

PER CURIAM.

In this diversity action for judgment on a promissory note, TCI Bentonville, Inc., Transcontinental Realty Investors, Inc., and One Realeo Land Holdings, Inc., appeal from the district court’s1 order denying their motion to enforce a tentative settlement agreement, and the court’s separate order granting an unopposed motion for summary judgment filed by Arvest Bank.

Having carefully reviewed the record and the parties’ arguments on appeal, we agree with the reasons stated by the district court for denying the motion to enforce the tentative settlement agreement. *See Coleman v. Regions Bank,*364 Ark. 59, 216 S.W.3d 569, 574 (2005) (first rule of interpretation of contract is to give language employed meaning that parties intended; in construing contract, intention of parties is to be gathered not from particular words and phrases, but from whole context of agreement); *Roetzel v. Coleman,*2010 Ark.App. 206,-S.W.3d-(Ark.Ct.App.2010) (determination of whether ambiguity exists is ordinarily question of law for courts to resolve; court may also interpret ambiguous contract as matter of law when ambiguity can be resolved by reference to contract language *105itself); *see also Harrod v. Farmland Mut. Ins. Co.,*346 F.3d 1184, 1186 (8th Cir.2003) (appellate court reviews questions of law de novo); *Larken, Inc. v. Wray,*189 F.3d 729, 732 (8th Cir.1999) (in diversity case, settlement agreement must be construed according to state law). We also find no basis for reversing the grant of summary judgment. Accordingly, we affirm. *See*8th Cir. R. 47B.

1

. The Honorable Jimm Larry Hendren, Chief Judge, United States District Court for the Western District of Arkansas.
#### Gina Miele Sereda, Respondent, v Sounds of Cuba, Inc., Doing Business as Son Cubano, and Doing Business as Cubano’s, Appellant.

[944 NYS2d 538]—

Order, Supreme Court, New York County (Jane S. Solomon, J.), entered November 30, 2011, which granted plaintiffs motion to quash a post-note-of-issue subpoena ad testificandum that defendant sought to serve on a nonparty witness, unanimously affirmed, without costs.

In this negligence action arising from a slip and fall, defendant demanded from plaintiff the address of a nonparty witness, a friend of plaintiff who was with her the night she fell. Before responding to all of defendant’s discovery demands, including the demand for the witness’s address, plaintiff filed a note of issue and certificate of readiness. The court directed that the parties resolve the outstanding discovery by a certain date, but did not vacate the note of issue. Flaintiff belatedly submitted a EO. box address for the witness, although she had testified that she could obtain the witness’s actual home address.

*652While vacatur of the note of issue would have been warranted under these circumstances alone, as the P.O. box address prevents defendant from properly serving a subpoena ad testificandum on the witness *(see*22 NYCRR 202.21 [e]; *Munoz v 147 Corp.,*309 AD2d 647 [2003]), defendant has waived its right to such relief. Defendant did not challenge the adequacy of the address or further demand an actual address, and apparently chose to move for summary judgment dismissing the complaint without having deposed the witness. Nor did it raise the matter of the need to depose the witness during the pretrial conferences conducted after the summary judgment proceeding. Rather, defendant unexpectedly sought to serve the subpoena, dated after the pretrial conferences, on the witness at an address that was obtained from an “investigator” that it purportedly retained. By failing to diligently pursue discovery and by proceeding as it did, defendant waived its right to have the note of issue vacated *(see Colon v Yen Ru Jin,*45 AD3d 359 [2007]; *Rosenberg & Estis, P.C. v Bergos,*18 AD3d 218 [2005]).

Even if plaintiffs submission of an inadequate address post-note of issue constitutes an “unusual or unanticipated circumstance[ ]” so as to warrant additional discovery under 22 NYCRR 202.21 (d), defendant’s subsequent approach to the litigation also constituted waiver of its right to such relief. Under the circumstances, we perceive no reason to preclude plaintiff from offering the testimony of the witness at trial. Concur— Saxe, J.E, Sweeny, Acosta, Freedman and Román, JJ.
----

Information communicated by EFTA States regarding State aid granted under Annex XV, point 1f to the EEA Agreement, incorporating Commission Regulation (EC) No 70/2001 of 12 January 2001, as amended by Commission Regulation (EC) No 364/2004 of 25 February 2004, on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises

(2005/C 239/12)

----
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                            A **.gov** website belongs to an official government organization in the United States.
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ARS Home Northeast Area Orono, Maine National Cold Water Marine Aquaculture Center People & Locations







Gretchen  Upson
                        National Cold Water Marine Aquaculture Center

                        




                        
                        Animal Care Program Manager
                        Phone: (207) 422-2713
                        
                        
                        Fax: (Employee information on this page comes from the REE Directory. Please contact your front office staff to update the REE Directory.)


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