alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES COURT OF APPEALS 

FOR THE NINTH CIRCUIT 

No. 15-35050 

FILED 

JAN 22 2015 

MOLLY C. DWYER, CLERK 

U.S. COURT OF APPEALS 

THE LANCE AND LINDA NEIBAUER 

JOINT TRUST, an Oregon Trust, by and 

through Lance Neibauer, as Trustee, D.C. No. 6:14-cv-01192-MC 

District of Oregon, 

Plaintiff- Appellee, Eugene 

v. 

ORDER 

MICHAEL J. KURGAN, an individual, 

Defendant - Appellant. 

The court's records reflect that the notice of appeal was filed during the 

pendency of a timely filed motion listed in Federal Rule of Appellate Procedure 

4(a)(4). The notice of appeal is therefore ineffective until entry ofthe order 

disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). 

Accordingly, proceedings in this court shall be held in abeyance pending the 

district court's resolution of the pending January 6, 2015 motion. See Leader Nat'! 

Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). 

Within 5 days after the district court's ruling on the pending motion, 

appellant shall notify this court in writing of the ruling and shall advise whether 

appellant intends to prosecute this appeal. 

CO/ProSe 

Case 6:14-cv-01192-MC Document 54 Filed 01/22/15 Page 1 of 2
fi ,, 

I 

To appeal the district court's ruling on the post-judgment motion, appellant 

must file an amended notice of appeal within the time prescribed by Federal Rule 

of Appellate Procedure 4. 

The Clerk shall serve this order on the district court. 

CO/ProSe 

FOR THE COURT: 

MOLLY C. DWYER 

CLERK OF COURT 

By: Corina Orozco 

Deputy Clerk 

Case 6:14-cv-01192-MC Document 54 Filed 01/22/15 Page 2 of 2
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FINANCIAL
STATEMENTS FOR THE YEAR ENDED MAY 31, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
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<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          MAY-31-1997
<PERIOD-END>                               MAY-31-1997
<CASH>                                              95
<SECURITIES>                                         0
<RECEIVABLES>                                    5,008
<ALLOWANCES>                                       119
<INVENTORY>                                        772
<CURRENT-ASSETS>                                 7,814
<PP&E>                                           9,586
<DEPRECIATION>                                 (6,505)
<TOTAL-ASSETS>                                  12,305
<CURRENT-LIABILITIES>                            6,956
<BONDS>                                          1,355
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         5,002
<OTHER-SE>                                     (1,839)
<TOTAL-LIABILITY-AND-EQUITY>                    12,305
<SALES>                                              0
<TOTAL-REVENUES>                                24,125
<CGS>                                                0
<TOTAL-COSTS>                                   23,568
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                    75
<INTEREST-EXPENSE>                                 573
<INCOME-PRETAX>                                    148
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                148
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       148
<EPS-PRIMARY>                                      .01
<EPS-DILUTED>                                      .01
        

</TABLE>
#### In the Matter of Sun-Brite Car Wash, Inc., Respondent, v Board of Zoning and Appeals of the Town of North Hempstead et al., Appellants.

— In a proceeding pursuant to CPLR article 78 to review a determination of the appellant Board of Zoning and Appeals of the Town of North Hempstead which granted the application of the appellants Gulf Oil Corp. and Fenley & Nicol Co., Inc. for a use variance, the appeals are from a judgment of the Supreme Court, Nassau County (McGinity, J.), entered November 7, 1984, which granted the petition, annulled the determination and directed the Board to issue a new determination denying the application.

Judgment reversed, on the law, with one bill of costs to appellants Gulf Oil Corp. and Fenley & Nicol Co., Inc. and petition dismissed.

*725The appellants Gulf Oil Corp. and Fenley & Nicol Co., Inc. submitted an application to the appellant Board of Zoning and Appeals of the Town of North Hempstead for a use variance to construct an automatic car wash upon certain premises. Petitioner, the Sun-Brite Car Wash, Inc., is the commercial lessee of a parcel located approximately 500 yards from the subject property and operates a full-service car wash at that location. When the application was granted by the Board, the petitioner instituted this CPLR article 78 proceeding to review its determination. The record reveals that the petitioner’s only substantiated objection to the granting of the variance in this case is the claim that it would result in competition for its business. Under the circumstances petitioner is not aggrieved by the determination sought to be reviewed and therefore lacks standing to bring this CPLR article 78 proceeding (Town Law § 267 [7]; *see, e.g., Cord Meyer Dev. Co. v Bell Bay Drugs,*20 NY2d 211; *Matter of Paolangeli v Stevens,*19 AD2d 763).

In view of the foregoing we do not reach any other issue. Gibbons, J. P., Bracken, Lawrence and Kunzeman, JJ., concur.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-7423

IFEANYI ANYIM IKO,

Plaintiff- Appellant,

versus

ALFRED J. O’FERRALL, III, Office of the Public

Defender; ROY CLYMER, Doctor, Department of

Corrections Mental Health Unit, Patuxent

Institution; ALICE SHANNON, Doctor, Clifton T.

Perkins Hospital Center; JOANNA BRANDT, Doctor, Clifton T. Perkins Hospital Center,

Defendants - Appellees.

Appeal from the United States District Court for the District of

Maryland, at Greenbelt. Deborah K. Chasanow, District Judge. (CA97-2081-DKC)

Submitted: July 22, 1998 Decided: August 4, 1998

Before ERVIN, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Ifeanyi Anyim Iko, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Ifeanyi Anyim Iko appeals from the district court's order

denying relief on his 42 U.S.C.A. § 1983 (West Supp. 1998) complaint. We have reviewed the record and the district court's

opinion and find no reversible error. Accordingly, we affirm on the

reasoning of the district court. Iko v. O’Ferrall, No. CA-97-2081-

DKC (D. Md. Aug. 20, 1997). Iko’s motion for an injunction is

denied as moot. We deny Iko’s motion for the appointment of counsel

and 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
United States Court of Appeals

for the Fifth Circuit

No. 20-40386

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Alvaro Jimenez Arguelles, 

Defendant—Appellant.

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 4:17-CR-203-9

Before Smith, Stewart, and Graves, Circuit Judges.

Per Curiam:*

The attorney appointed to represent Alvaro Jimenez Arguelles has 

moved for leave to withdraw and has filed a brief in accordance with Anders 

v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 

(5th Cir. 2011). Arguelles has not filed a response. We have reviewed 

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this 

opinion should not be published and is not precedent except under the limited 

circumstances set forth in 5th Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

August 9, 2021

Lyle W. Cayce

Clerk

Case: 20-40386 Document: 00515970169 Page: 1 Date Filed: 08/09/2021
No. 20-40386

2

counsel’s brief and the relevant portions of the record reflected therein. We 

concur with counsel’s assessment that the appeal presents no nonfrivolous 

issue for appellate review. Accordingly, counsel’s motion for leave to 

withdraw is GRANTED, counsel is excused from further responsibilities 

herein, and the APPEAL IS DISMISSED. See 5th Cir. R. 42.2.

Case: 20-40386 Document: 00515970169 Page: 2 Date Filed: 08/09/2021
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                            2500
<SECURITIES>                                         0
<RECEIVABLES>                                    79663
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 85373
<PP&E>                                         2097010
<DEPRECIATION>                                  293043
<TOTAL-ASSETS>                                 1969130
<CURRENT-LIABILITIES>                          1553695
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      415435
<TOTAL-LIABILITY-AND-EQUITY>                   1969130
<SALES>                                         514001
<TOTAL-REVENUES>                                514001
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                122389
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 174428
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             174428
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    174428
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
<logo> SUNTRUST
March 17, I 997


Norwest Bank Minnesota, N.A.
11000 Broken Land Parkway
Columbia. Maryland 21044-3562
Attention. Tracey Waldman

RE: Officer's Certificate 
Dear Master Servicer:

The undersigned officer certifies the following for the 1996 fiscal year:

(A)	I have reviewed the activities and performance of the Servicer 
during die preceding fiscal year under the terms of the Servicing 
Agreement, Trust Agreement, Pooling and Servicing Agreement and/or 
Seller/Servicer Guide and to the best of these Officers' knowledge, the 
Servicer has fulfilled all of its duties, responsibilities or obligations 
under these Agreements throughout such year, or if there has been a 
default or failure of the servicer to perform any of such duties, 
responsibilities or obligations. a description 
of each default or failure and the nature and status 
thereof has been reported to Norwest Bank Minnesota N.A.

(B)	have confirmed that the Servicer is currently an 
approved FNMA or FHLMC servicer in good standing...

(C)	I have confirmed that the Fidelity,' Bond. the Errors and 
omissions Insurance Policy" and any other bonds required under the 
terms of the Servicing Agreement. Trust Agreement, Pooling and 
Servicing Agreement and/or Seller/Servicer Guide are in full force 
and effect;

(D)	All premiums for each Hazard Insurance Policy, Flood 
Insurance Policy (if applicable) and Primary Mortgage Insurance 
Policy (if applicable), with respect to each Mortgaged Property, have 
been paid and that all such insurance policies are in full force and effect;

(E)	All real estate taxes, governmental assessments and any other 
expenses accrued and due, that if not paid could result is a lien or 
encumbrance on any Mortgaged Property. have been paid. or if any 
such costs or expenses have not been paid with respect to any Mortgaged 
Property, the reason for 
the non-payment has been reported to Norwest Bank Minnesota. N.A.

(F)	All Custodial Accounts have been reconciled and are properly 
landed. and

(G)	All annual reports of Foreclosure and Abandonment of Mortgage 
Property required per section 6050J and 6050P of the Internal Revenue 
Code, respectively, have been prepared and filed.
	
/s/Rod Hartman
First Vice president
3/17/97
Date
Hartman\NORBEST
**Exhibit 32.2**





**Certification
      of 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 with this quarterly report on Form 10-Q of Eclipsys Corporation
      (the
“Company”) for the period ended September 30, 2006 as filed with the Securities
      and Exchange Commission on the date hereof (the “Report”), the undersigned,
      Robert J. Colletti, Senior Vice President and Chief Financial Officer of the
      Company, hereby certifies, pursuant to 18 U.S.C. Section 1350,
      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.





Dated:
      November 8, 2006





/s/
      Robert J. Colletti


Robert
      J.
      Colletti


Senior
      Vice President, Chief Financial Officer and


Chief
      Accounting Officer
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Unassociated Document


    


     


    Exhibit
      10-1

    


    ALLONGE
      TO PROMISSORY NOTE

    


    


    THIS
      ALLONGE, made as of November 25, 2008 by The Goldfield Corporation a Delaware
      corporation (the “Borrower”) and consented to by Southeast Power Corporation
      (collectively the “Guarantor); is to be attached to and made a part of that
      certain Promissory Note dated August 26, 2005, made by Borrower to Branch
      Banking and Trust Company (the “Lender”) in the principal amount of Three
      Million and No/100 Dollars ($3,000,000.00) (the “Note”) which Note is as therein
      set forth.

    


    WHEREAS,
      there is due and owing under the above-described Note the principal sum of
      $0.00; and there remains Three Million and no/100 Dollars ($3,000,000.00)
      available on this line of credit

     

    WHEREAS,
      Borrower and Lender desire to amend the Note.

    


    NOW,
      THEREFORE, the Promissory Note dated August 26, 2005 is amended as
      follows:

    


    


    REPAYMENT.
      Interest only on the outstanding principal balance of the Note shall be payable
      monthly, commencing December 28, 2008 and continuing on the same day each and
      every consecutive month thereafter until November 28, 2009 on which date the
      entire principal sum outstanding under this Note plus accrued interest shall
      become due and payable (the “Maturity Date”).

    


    All
      other
      terms and conditions of said Promissory Note remain in full force and
      effect.

    


    IN
      WITNESS WHEREOF, the undersigned has executed this document the year first
      above
      written.

    
      	 	 	
              BORROWER:

              
                The
                  Goldfield Corporation

              

            
	 	 
	 
 	 
 	 
 
	 	By:  	/s/ Stephen
              R. Wherry  
	 	
              
Stephen
              R. Wherry, Senior Vice President
	 	 



     

    
      	 	 	
              GUARANTOR:

              Southeast Power Corporation

            
	 	 
	 
 	 
 	 
 
	 	By:  	/s/ Stephen
              R. Wherry  
	 	
              
Stephen
              R. Wherry, Treasurer
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<EXCHANGE-RATE>                                      1
<CASH>                                      11,962,904
<SECURITIES>                                         0
<RECEIVABLES>                                  580,043
<ALLOWANCES>                                         0
<INVENTORY>                                    510,461
<CURRENT-ASSETS>                            13,140,233
<PP&E>                                         354,540
<DEPRECIATION>                               (154,861)
<TOTAL-ASSETS>                              21,194,161
<CURRENT-LIABILITIES>                        5,277,351
<BONDS>                                        829,642
<PREFERRED-MANDATORY>                          456,250  
<PREFERRED>                                          0                                    
<COMMON>                                         5,992
<OTHER-SE>                                  12,908,002
<TOTAL-LIABILITY-AND-EQUITY>                21,194,161
<SALES>                                        795,850
<TOTAL-REVENUES>                               795,850
<CGS>                                          253,566
<TOTAL-COSTS>                                  253,566
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                             16,105,479
<INCOME-TAX>                                 7,142,236
<INCOME-CONTINUING>                          8,963,243
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 8,963,243
<EPS-PRIMARY>                                     1.50
<EPS-DILUTED>                                     1.50
        

</TABLE>
Michigan Supreme Court Lansing, Michigan

Robert P. Young, Jr.,
Chief Justice

Michael F. Cavanag h Marilyn Kell y Stephen J. Markma n Diane M. Hathawa y Mary Beth Kell y Brian K. Zahra,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk July 13, 2011

p0706 

# Order

July 13, 2011

142815

WILLIAM OSANTOWSKI, Plaintiff-Appellee,

v SC: 142815 COA: 300707 Midland CC: 09-005690-CZ DOW CHEMICAL COMPANY, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application fo r leave to appeal th e February 10, 2011 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND th is case to the Court of Appeals for consideration as on leave granted.
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                            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
                            
                            A **lock** (                            
                              A locked padlock                                                      
                            
                            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.


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 Range Sheep Production Efficiency Research: Dubois, ID
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