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UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 09-1413

PRAMCO II, LLC; EMIL HIRSCH; O’CONNOR & HANNAN, LLP,

Plaintiffs - Appellees,

v.

DAVID M. KISSI, Individually and in his capacity as CoTrustee of the Ammendale Living Trust,

Defendant – Appellant,

and

EDITH TRUVILLION KISSI; AMMENDALE LIVING TRUST,

Defendants,

DAVID MUCHOW,

Respondent,

CHRISTOPHER BOWMAR MEAD; RICHARD M. KREMEN; JOSE ANDRADE; DLA PIPER US LLP; ROBERT ERIC GREENBERG,

Parties-in-Interest,

AMMENDALE LIVING TRUST,

Garnishee,

v.

MICHAEL PEARSON; BENNETT AND BAIR, LLP,

Movants.Appeal from the United States District Court for the District of Maryland, at Greenbelt. Peter J. Messitte, Senior District Judge. (8:03-cv-02241-PJM)

Submitted: November 19, 2009 Decided: December 1, 2009

Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

David M. Kissi, Appellant Pro Se. Emil Hirsch, James Patrick Ryan, NOSSAMAN, LLP, Washington, DC, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

23 PER CURIAM:

David M. Kissi seeks to appeal the district court’s

order denying without prejudice the plaintiffs’ motion to reopen

the underlying proceedings. This court may exercise

jurisdiction only over final orders, 28 U.S.C. § 1291 (2006),

and certain interlocutory and collateral orders, 28 U.S.C.

§ 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus.

Loan Corp. , 337 U.S. 541 (1949). The order Kissi seeks to

appeal is neither a final order nor an appealable interlocutory

or collateral order. Accordingly, we dismiss the appeal for

lack of jurisdiction. 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.

DISMISSED
<TABLE> <S> <C>

<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>               DEC-31-1999
<PERIOD-END>                    MAR-31-1999
<CASH>                              797,932
<SECURITIES>                              0
<RECEIVABLES>                     2,405,992
<ALLOWANCES>                       (121,583)
<INVENTORY>                               0
<CURRENT-ASSETS>                  3,560,987
<PP&E>                              984,390
<DEPRECIATION>                       46,806
<TOTAL-ASSETS>                   14,348,190
<CURRENT-LIABILITIES>             3,020,089
<BONDS>                                   0
<PREFERRED-MANDATORY>                     0
<PREFERRED>                               0
<COMMON>                             50,526
<OTHER-SE>                                0
<TOTAL-LIABILITY-AND-EQUITY>     14,348,190
<SALES>                           1,942,034
<TOTAL-REVENUES>                  1,942,034
<CGS>                                     0
<TOTAL-COSTS>                             0
<OTHER-EXPENSES>                  2,244,029
<LOSS-PROVISION>                          0
<INTEREST-EXPENSE>                   36,196
<INCOME-PRETAX>                    (322,938)
<INCOME-TAX>                              0
<INCOME-CONTINUING>                (322,938)
<DISCONTINUED>                            0
<EXTRAORDINARY>                           0
<CHANGES>                                 0
<NET-INCOME>                       (322,938)
<EPS-PRIMARY>                         (0.06)
<EPS-DILUTED>                         (0.06)
        

</TABLE>
<TABLE> <S> <C>
     
<ARTICLE>          5
<MULTIPLIER>       1
       
<S>                                    <C>          <C>
<PERIOD-TYPE>                          YEAR
<FISCAL-YEAR-END>                                   DEC-31-1997
<PERIOD-END>                                        DEC-31-1997
<CASH>                                                         44,500
<SECURITIES>                                                        0
<RECEIVABLES>                                                       0
<ALLOWANCES>                                                        0
<INVENTORY>                                                         0
<CURRENT-ASSETS>                                               44,500
<PP&E>                                                              0
<DEPRECIATION>                                                      0
<TOTAL-ASSETS>                                                 44,500
<CURRENT-LIABILITIES>                                         110,644
<BONDS>                                                             0
<PREFERRED-MANDATORY>                                               0
<PREFERRED>                                                         0
<COMMON>                                                   18,656,881
<OTHER-SE>                                                          0
<TOTAL-LIABILITY-AND-EQUITY>                                   44,500
<SALES>                                                             0
<TOTAL-REVENUES>                                                    0
<CGS>                                                               0
<TOTAL-COSTS>                                                       0
<OTHER-EXPENSES>                                              142,111
<LOSS-PROVISION>                                              142,111
<INTEREST-EXPENSE>                                              4,974
<INCOME-PRETAX>                                                     0
<INCOME-TAX>                                                        0
<INCOME-CONTINUING>                                                 0
<DISCONTINUED>                                                      0
<EXTRAORDINARY>                                                     0
<CHANGES>                                                           0
<NET-INCOME>                                                        0
<EPS-PRIMARY>                                                       0
<EPS-DILUTED>                                                       0
        

</TABLE>
#### Nilsa Perez et al., Appellants, v Steve Levy et al., Respondents.

[945 NYS2d 572]

—In an action, inter alia, for a judgment declaring that Suffolk County Administrative Code § A9-6, commonly known as the Mary Hibberd Law, applies to the defunding and closure of the John J. Foley Skilled Nursing Fa*729cility, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Baisley, Jr., J), dated February 17, 2011, which denied their motion to preliminarily enjoin the defendants from proceeding with plans to close the John J. Foley Skilled Nursing Facility.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

The appeal from the order dated February 17, 2011, denying the plaintiffs’ motion to preliminarily enjoin the defendants from proceeding with plans to close the John J. Foley Skilled Nursing Facility, must be dismissed as academic, in light of our determination in *Perez v Levy*(96 AD3d 729 [2012] [decided herewith]). Rivera, J.P., Dickerson, Hall and Miller, JJ., concur. [Prior Case History: 2011 NY Slip Op 30472(U).]
<PAGE>

                                                                    EXHIBIT 23.1

            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

The Board of Directors and Stockholders
Wolverine Tube, Inc.

      We consent to the incorporation by reference in the registration
statements (Nos. 33-73550, 33-73490, 33-87687, 333-67958, 333-67968, 333-67972,
and 333-108003) on Form S-3 of Wolverine Tube, Inc. of our report dated March
11, 2005, with respect to (i) the consolidated balance sheet of Wolverine Tube,
Inc. as of December 31, 2004 and the related consolidated statement of
operations, stockholders' equity, and cash flows, for the year then ended and
the related financial statement schedule; (ii) management's assessment of the
effectiveness of internal control over financial reporting as of December 31,
2004, which report appears in the December 31, 2004, Annual Report on Form 10-K
of Wolverine Tube, Inc.

                                               /s/ KPMG LLP

Birmingham, Alabama
March 15, 2005
##### 



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 quarterly report of Docucorp International, Inc. (the
Company) on Form 10-Q for the period ended January 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I,
Michael D. Andereck, President and Chief Executive Officer 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:  (1)
    
    The Report fully complies with the requirements of Section 13 (a) or 15
(d) of the Securities and 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/ Michael D. Andereck  Michael D. Andereck
President and Chief Executive Officer
March 16, 2004
<TABLE> <S> <C>



<ARTICLE>                     5
<LEGEND>

RESTATED FINANCIAL DATA SCHEDULE
     THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM AUDITED
CONSOLIDATED  FINANCIAL  STATEMENTS  FOR THE YEAR ENDED DECEMBER 31, 1996 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.

</LEGEND>
<MULTIPLIER>                                                   1 
<CURRENCY>                                                  U.S.               
       
<S>                                                          <C>
<PERIOD-TYPE>                                             12-MOS
<FISCAL-YEAR-END>                                    DEC-31-1996
<PERIOD-START>                                       JAN-01-1996
<PERIOD-END>                                         DEC-31-1996
<EXCHANGE-RATE>                                                1
<CASH>                                                    34,395     
<SECURITIES>                                               1,000
<RECEIVABLES>                                             16,064         
<ALLOWANCES>                                                 756
<INVENTORY>                                                    0
<CURRENT-ASSETS>                                          52,214
<PP&E>                                                     5,684
<DEPRECIATION>                                             1,409
<TOTAL-ASSETS>                                            56,489
<CURRENT-LIABILITIES>                                      9,558 
<BONDS>                                                        0
<PREFERRED-MANDATORY>                                          0
<PREFERRED>                                                   48
<COMMON>                                                      45
<OTHER-SE>                                                46,518
<TOTAL-LIABILITY-AND-EQUITY>                              56,489
<SALES>                                                        0
<TOTAL-REVENUES>                                          53,920
<CGS>                                                          0
<TOTAL-COSTS>                                             25,744
<OTHER-EXPENSES>                                          12,984
<LOSS-PROVISION>                                             386
<INTEREST-EXPENSE>                                            15
<INCOME-PRETAX>                                           14,761
<INCOME-TAX>                                               3,052
<INCOME-CONTINUING>                                       11,569  <F1>
<DISCONTINUED>                                                 0
<EXTRAORDINARY>                                                0
<CHANGES>                                                      0
<NET-INCOME>                                              11,569
<EPS-PRIMARY>                                               0.32
<EPS-DILUTED>                                               0.31
<FN>
<F1> After deducting minority interest of 140
</FN>
        


</TABLE>
**EXHIBIT32.1**

**CERTIFICATIONPURSUANT TO**

**SECTION906 OF THE SARBANES-OXLEY ACT OF 2002**

**(18U.S.C. SECTION 1350)**

Pursuant to section 906of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350,chapter 63 of title 18, United States Code), each of the undersigned officersof Force Protection, Inc., a Nevada corporation (the “Company”), does herebycertify, to such officer’s knowledge, that: 

The Quarterly Report forthe quarter ended June 30, 2006 (the “Form 10-Q”) of the Company fully complieswith the requirements of Section 13(a) or 15(d) of the Securities Exchange Actof 1934, and the information contained in the Form 10-Q fairly presents, in allmaterial respects, the financial condition and results of operations of theCompany. 

 
|   | Date:   August 14, 2006         |
|--------|--------------------------------------|
|   |                                 |
|   |                                 |
|   | /s/  Gordon  McGilton           |   |
|   | Gordon McGilton                      |
|   | Chief   Executive  Officer |
|   |                                 |
|   |                                 |
|   | Date:  August  14, 2006         |
|   |                                 |
|   |                                 |
|   | /s/ R. Scott Ervin                   |   |
|   | R. Scott Ervin                       |
|   | Acting Chief Financial Officer       |

 

----
<PAGE>
Exhibit 10.27.15

                                            June 11, 2002

VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Mr. Alfred Hahnfeldt
Spinneret Financial Services
578 Post Road East
Suite 637
Westport, Connecticut 06880

         Re:      Eurotech, Ltd.

Dear Fred:

Thank you for all of your assistance in facilitating financing for Eurotech,
Ltd. (the "Company"). This assistance is most appreciated.

However, as we previously discussed, effective immediately, the Company hereby
terminates all agreements and understandings (either verbal or written) by
and/or between the Company and Spinneret Financial Systems, Inc. and/or
Spinneret Financial Services (collectively, "Spinneret") or any of their
affiliates, representatives or agents (including you). Without limiting the
foregoing, this includes any and all fees (however characterized) or other
services relating to Woodward LLC and/or Jenks & Kirkland, Ltd. or any of their
respective affiliates, except for any outstanding obligations relating to "Put
Shares", as such term is defined in the Private Equity Agreement by and between
the Company and Jenks & Kirkland, Ltd. dated as of February 22, 2002 (the "J&K
Agreement").

By countersigning this letter below, on behalf of Spinneret, you hereby
acknowledge this termination and further acknowledge full and final payment for
all obligations of the Company to Spinneret with the only exception to the
foregoing being any 5% fees that become payable to Spinneret upon the closing of
any "Put Notice" and the resulting placement of the "Put Shares" pursuant to the
J&K Agreement (the "Outstanding Fees"). It is understood by the parties herein
that the payment of the Outstanding Fees shall be made in accordance with the
directives of the "Joint Escrow Instructions" that are incorporated into and
made a part of the J&K Agreement

Furthermore, by countersigning below, Spinneret hereby releases and forever
discharges the Company, and/or any or all of its Officers, Directors,
affiliates, representatives or agents from any and all claims, demands, causes
of action, agreements, contracts or liabilities (however classified) relating to
the agreements and understandings by and/or between Spinneret and the Company.


<PAGE>

Kindly return the countersigned copy of this letter to my attention. If you
should have any questions with regard to the foregoing, please do not hesitate
to call.

Again, thank you for all of your assistance.

                                       Sincerely,

                                       Eurotech, Ltd.


                                       By: /s/ Don V. Hahnfeldt
                                           -------------------------------------
                                           Don V. Hahnfeldt
                                           Chairman and Executive Vice President



SPINNERET FINANCIAL SERVICES
SPINNERET FINANCIAL SYSTEMS, INC.

By:      /s/ Alfred Hahnfeldt
         ----------------------------
Name:    Alfred Hahnfeldt
Title:   President
#### The People of the State of New York, Respondent, v Andy Cepeda, Appellant.

[943 NYS2d 528]—

Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered May 5, 2010, as amended May 27, 2010, convicting defendant, after a jury trial, of auto stripping in the second degree, and sentencing him, as a second felony offender, to a term of two to four years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The owner of a van testified that he did not give defendant permission to break the van’s windows. This satisfied the element of lack of permission. The owner’s acquaintance with defendant, his reluctance to assist in the prosecution, and his testimony that he “really didn’t care” about the damage were irrelevant to whether, at the time of the crime, defendant had permission to break the windows.

Defendant failed to preserve, and expressly waived, his contention that he was entitled to an instruction on criminal mischief in the fourth degree as a lesser included offense. *567Defense counsel conceded that criminal mischief in the fourth degree is not a lesser included offense of auto stripping in the second degree. Instead, counsel asked the court to “add” it nonetheless, a remedy that the court properly declined *(see People v Ford,*62 NY2d 275 [1984]). Thus, defendant now asserts that the court should have granted him a different remedy from the one he requested *(see e.g. People v Lombardo,*61 NY2d 97, 104 [1984]). We decline to review this claim in the interest of justice.

As an alternative holding, we find that defendant was not entitled to submission of criminal mischief. Counsel’s concession was correct. In the abstract, the crime of auto stripping can be committed under circumstances that would not also constitute criminal mischief *(see generally People v Glover,*57 NY2d 61, 64 [1982]). Furthermore, in this case there was no reasonable view of the evidence that defendant committed the lesser crime but not the greater *(see id.*at 63). Concur — Tom, J.P., Andrias, Catterson, Acosta and Manzanet-Daniels, JJ.
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```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1377 Considered and Passed Senate (CPS)]

105th CONGRESS
  1st Session
                                S. 1377

To amend the Act incorporating the American Legion to make a technical 
                              correction.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 5, 1997

   Mr. Hatch (for himself Mr. Leahy, and Mr. Daschle) introduced the 
following bill; which was read twice, considered, read the third time, 
                               and passed

_______________________________________________________________________

                                 A BILL

 
To amend the Act incorporating the American Legion to make a technical 
                              correction.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That section 5 of the 
Act entitled ``An Act to Incorporate the American Legion'', approved 
September 16, 1919 (41 Stat. 285; 36 U.S.C. 45) is amended by striking 
``December 22, 1961'' and inserting ``February 28, 1961''.
                                 <all>
```
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markm an Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra

, Justices

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.

_________________________________________ Clerk July 24, 2012

s0716 

# Order

July 24, 2012

144644

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 144644

COA: 307400

St. Joseph CC: 07

- 014472

- FH;

ROBERT EUGENE MAST, 07

- 014473

- FH

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the January 10, 2012

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

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