alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Saunders, *et. al. v.*Saunders.

*Bill for Guardian and Custody of Child.*

(Decided April 21, 1910.

52 South. 310.)

*Parent and Child; Custody of Child.*— The right oí the father to the custody of the child yields to the consideration of the good of the child and where it appears that the welfare of the child will be best promoted the custody of the child will be transferred from the father to the grandfather.

Appeal from Calhoun Chancery Court.

Heard before Hon. W. W. Whiteside.

Bill by Annie Gordon Sanders against C. W. Sanders, and others, for the custody of a child. Decree for complainant and respondent appeals.

Affirmed.

Knox, Acker, Dixon & Blackmon, for appellant.

Counsel discuss the evidence and insist that the court erred in the decree rendered.

P. F. Wharton, and M. P. Sterne, for appellee.

No brief reached the Reporter.

SIMPSON, J.

This is a bill filed by the appellee, by her next friend, praying for the appointment of a guardian, and also that the custody of said infant be transferred from her father, C. W. Saunders, and wife, to her grand father, J. B. Gilmore.

The testimony in this case has been carefully examined, and it is not entirely free from conflict. Said Annie Gordon Saunders is the daughter of said C. W. Saunders by his first wife, who died when the child was about two years old, and she lived with her maternal grandparents until after her father had married again *352and either had or would shortly have another child, something less than two years before the trial, at which time said infant was ten years old. No evidence was introduced tending to show that said grandparents were not proper persons to have the custody of the child, or that she is not happy with them. On the other hand, the fact that the child has run away four times from her father, to go to her grandparents, is a strong circumstance tending to show her preference.

We agree with the chancellor that no good can he accomplished by discussing the testimony. In fact, some of it had better be forgotten than perpetuated. While we recognize that, as a general proposition, the father has the right to the custody of the child, yet the ;good of the child must be the main consideration of the court, and from a careful consideration of the evidence we conclude that the chancellor properly held “that the welfare of the child will be the best promoted, for the present at least, by transferring her custody from her fathex*, C. W. Saunders, to her grandfather, J. B. Gilmore.”

The decree of the court is affirixxed.

Affirmed.

Dowdell, O. J., and McClellan and Sayre, JJ., concur.
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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

_______________________________________

)

GULED HASSAN DURAN, )

)

Petitioner, )

)

v. ) Civil Action No. 16-2358 (RBW)

)

JOSEPH R. BIDEN, JR., et al., )

)

Respondents. )

_______________________________________)

ORDER

Upon consideration of the Respondents’ Motion to Supplement Their Factual Return, 

ECF No. 159, it is hereby

ORDERED that the Respondents’ Motion to Supplement Their Factual Return, ECF No. 

159, is GRANTED. It is further 

ORDERED that the respondents’ Proposed Supplemental Factual Return is 

ACCEPTED AS FILED as of December 1, 2023. It is further

ORDERED that, on or before December 15, 2023, the respondent shall file a notice of 

classified filing on the public docket reflecting that their Proposed Supplemental Factual Return 

has been filed.

SO ORDERED this 11th day of December, 2023.

REGGIE B. WALTON

United States District Judge
<logo> Ernst & Young LLP

1300 Huntington Building
925 Euclid Avenue
Cleveland, Ohio, 44115-1405
Phone:  216 861 5000

Report of Independent Accountant on Management's Assertion
on Compliance with Minimum Servicing Standards Set Forth in 
the Uniform Single Attestation Program for Mortgage Bankers
Board of Directors
National City Mortgage Co.

We have examined management's assertion that National City 
Mortgage Co. (NCM) complied with the minimum servicing 
standards set forth in the Mortgage Bankers Association of 
America's Uniform Single Attestation Program for Mortgage 
Bankers (USAP) during the year ended December 31, 1996, 
included in the accompanying report titled Report of 
Management.  Management is responsible for NCM's compliance 
with those requirements. Our responsibility is to express an 
opinion on management's assertion about the NCM's compliance 
based on our examination.

Our examination was made in accordance with standards 
established by the American Institute of Certified Public 
Accountants and accordingly, included examining. on a test 
basis. evidence about NCM's compliance with those 
requirements such other procedures as we considered 
necessary in the circumstances. We believe that our 
examination provides a reasonable basis for our opinion. Our 
examination does not provide a legal determination on the 
Company's compliance with the minimum servicing standards.

In our opinion. management's assertion that NCM complied 
with the aforementioned requirements during the year ended 
December, 31.1996 is fairly stated, in all material respects

/s/Ernst & Young LLP

February 7 ,1997

Ernst & Young LLP is a member of Ernst & Young International, Ltd.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
UNAUDITED CONSOLIDATED BALANCE SHEET AND STATEMENTS OF INCOME, WHICH ARE
INCLUDED IN THE COMPANY'S FORM 10-QSB FILED HEREWITH, AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                             116
<SECURITIES>                                         7
<RECEIVABLES>                                      381
<ALLOWANCES>                                      (16)
<INVENTORY>                                        392
<CURRENT-ASSETS>                                   983
<PP&E>                                           2,129
<DEPRECIATION>                                 (1,256)
<TOTAL-ASSETS>                                   2,182
<CURRENT-LIABILITIES>                              646
<BONDS>                                            832
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           862
<OTHER-SE>                                       (156)
<TOTAL-LIABILITY-AND-EQUITY>                     2,182
<SALES>                                          1,268
<TOTAL-REVENUES>                                 1,268
<CGS>                                              723
<TOTAL-COSTS>                                      723
<OTHER-EXPENSES>                                   498
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  30
<INCOME-PRETAX>                                     17
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        17
<EPS-PRIMARY>                                     0.01
<EPS-DILUTED>                                     0.01
        

</TABLE>
EXHIBIT 23.1


                         INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in Registration Statements (Nos.
33-35941, 33-43868, 33-43866, 33-45994, 33-45142, 33-54382, 33-65125, 33-69946,
33-75088, 333-28593 and 333-80729) of Bentley Pharmaceuticals, Inc. and
subsidiaries on Form S-3 and the Registration Statements (Nos. 33-85154,
333-72916, 333-72918 and 333-72920) of the Company on Form S-8 of our report
dated March 4, 2004, appearing in the Annual Report on Form 10-K of Bentley
Pharmaceuticals, Inc. and subsidiaries for the year ended December 31, 2003.

/s/ Deloitte & Touche LLP

Boston, Massachusetts
March 4, 2004
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 10-10950

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

IVAN RAMOS,

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:09-CR-318-1

Before JONES, Chief Judge, and STEWART and SOUTHWICK, Circuit Judges.

PER CURIAM:

*

The Federal Public Defender appointed to represent Ivan Ramos 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). Ramos has filed a response requesting the appointment of new

counsel. We have reviewed counsel’s brief and the relevant portions of the

record reflected therein, as well as Ramos’s response. We concur with counsel’s

assessment that the appeal presents no nonfrivolous issue for appellate review.

United States Court of Appeals

Fifth Circuit

F I L E D

June 21, 2011

Lyle W. Cayce

Clerk

Pursuant to 5TH CIR. R. 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 CIR.

R. 47.5.4.

Case: 10-10950 Document: 00511515157 Page: 1 Date Filed: 06/21/2011
No. 10-10950

Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is

excused from further responsibilities herein, Ramos’s request for new counsel is

DENIED, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

2

Case: 10-10950 Document: 00511515157 Page: 2 Date Filed: 06/21/2011
**Exhibit 23.1**

 

**Consent of Independent Registered Public Accounting Firm**

 

We consent to the incorporation by reference in the Registration Statements on Form S-8 (Nos. 333-109755, 333-103595, 333-80065, 333-06563,333-11451, 333-35651, 333-28929, 333-28927, 333-71913, 333-80963 and 333-11583) of our reports dated March 7, 2005, with respect to the consolidated financial statements and schedule of Secure Computing Corporation, Secure Computing Corporationmanagement’s assessment of the effectiveness of internal control over financial reporting, and the effectiveness of internal control over financial reporting of Secure Computing Corporation, included in this Annual Report (Form 10-K) for theyear ended December 31, 2004.****

 

/s/Ernst & Young LLP 

 

Minneapolis, Minnesota

March 10, 2005 

 

56
##### 



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 on
Form 10-K/A of HearUSA, Inc. (the Company) for
the period ending December 27, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the
Report), the undersigned, Stephen J. Hansbrough,
Chief Executive Officer and Gino Chouinard, Chief Financial
Officer of the Company, certify, to the best of our knowledge,
pursuant to 18 U.S.C. § 1350, as adopted pursuant to §
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.

May 25, 2004

| |                                                                                   
| | ----------------------------------------------------------------------------------
| | /s/ Stephen J. Hansbrough
     Stephen J. Hansbrough 
     Chief Executive Officer
| | HearUSA, Inc.                                                                     

May 25, 2004

| |                        
| | -----------------------
| | /s/ Gino Chouinard     
| | Gino Chouinard         
| | Chief Financial Officer
| | HearUSA, Inc.
NOTE: This disposition is nonprecedential.



## United States Court of Appeals for the Federal Circuit

2009-7125

LARRY C. DAWSON,

Claimant-Appellant,

v.

ERIC K. SHINSEKI, Secretary of Veterans Affairs,

Respondent-Appellee.

William F. Fox , Purcell & Fox, LLP, of Washingt on, DC, argued for claimant-appellant.

Of counsel on the brief was Robert W. Legg , Law Office of Robert W. Legg, of Arlington,

Virginia.

Meredyth Cohen Havasy , Trial Attorney, Commercial Litigation Branch, Civil Division,

United States Department of Ju stice, of Washingt on, DC, argued for respondent-appellee.

On the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director,

Martin F. Hockey, Jr. , Assistant Director, and L. Misha Preheim , Attorney. Of counsel on the

brief were David J. Barrans , Deputy Assistant General Counsel, and Dana Raffaelli , Attorney,

Office of the General Counsel, Un ited States Department of Veter ans Affairs, of Washington,

DC.

Appealed from: United States Cour t of Appeals for Veterans Claims

Judge Bruce E. KasoldNOTE: This disposition is nonprecedential.



## United States Court of Appeals for the Federal Circuit

2009-7125

LARRY C. DAWSON,

Claimant-Appellant,

v.

ERIC K. SHINSEKI, Secretary of Veterans Affairs,

Respondent-Appellee.



## Judgment

ON APPEAL from the United States C ourt of Appeals for Veterans Claims

in CASE NO(S). 07-2752

This CAUSE having been hear d and considered, it is

ORDERED and ADJUDGED:

Per Curiam (GAJARSA, ARCHER and PROST, Circuit Judges ).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

DATED March 8, 2010 /s/ Jan Horbaly

Jan Horbaly, Clerk
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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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                    U.S. DEPARTMENT OF AGRICULTURE
 Grape Genetics Research Unit (GGRU): Geneva, NY
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ARS Home Northeast Area Geneva, New York Grape Genetics Research Unit (GGRU) People







Kathleen  Deys    Geneticist Plants  Grape Genetics Research Geneticist Plants USDA,ARS,NAA,GGRU 308 STURTEVANT HALL GENEVA, NY, 14456 Phone: (315) 787-2484 Fax: (315) 787-2483


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UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON

MATTHEW LEWIS BEARDEN,

Plaintiff,

v. 

CAROLYN COLVIN, Acting

Commissioner of Social Security,

Defendant.

Case No. 6:15-cv-00475-KI

JUDGMENT

Drew L. Johnson

170 Valley River Dr.

Eugene, OR 97401

John E. Haapala, Jr.

401 E. 10th Ave., Ste. 240

Eugene, OR 97401

Attorneys for Plaintiff

Billy J. Williams

United States Attorney

District of Oregon

Page 1 - JUDGMENT

Case 6:15-cv-00475-KI Document 16 Filed 03/15/16 Page 1 of 2
Janice E. Hebert

Assistant United States Attorney

1000 SW Third Ave., Ste. 600

Portland, OR 97204-2902

David J. Burdett

Special Assistant United States Attorney

Office of the General Counsel

Social Security Administration

701 Fifth Ave., Ste. 2900 M/S 221A

Seattle, WA 98104-7075

Attorneys for Defendant

KING, Judge:

The decision of the Commissioner is reversed. This action is remanded to the

Commissioner under sentence four of 42 U.S.C. § 405(g).

IT IS SO ORDERED.

DATED this 15th day of March, 2016. 

 /s/ Garr M. King 

Garr M. King

United States District Judge

Page 2 - JUDGMENT

Case 6:15-cv-00475-KI Document 16 Filed 03/15/16 Page 2 of 2
##### 



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 on Form 10-QSB of OmniComm Systems,
Inc. (the Company) for the quarter ended March 31, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the Report), the
undersigned, being, Cornelis F. Wit, 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 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/ Cornelis F. Wit  
 May 14, 2004
### I N THE UNI TED STATES COURT OF APPEALS FOR THE FI F TH CI RCUI T

No. 12-50943 Summary Calendar

GABINO TORRES BARAJAS, Petitioner-Appellant

v. UNITED STATES OF AMERICA; WARDEN; FEDERAL BUREAU O F PRISONS; GEO; UNITED STATES ATTORNEY GENERAL, Respondents-Appellees

Appeal from the United States District Court for the Western District of Texas USDC No. 4:12-CV-10

Before JONES, DENNIS, and HAYNES, Circuit Judges. PER CURIAM: * Gabino Torres Barajas, f e d e r al prisoner # 14114-081, an alien against whom the Bureau o f Immigration and Customs E nforcement ( “ICE”) has issued

a detainer subjecting him to immediate removal fro m the United S tates upon release from Bureau o f Prisons (BOP) custody, moves this court to proceed in forma pauperis ( IFP) to appeal the denial of his 28 U.S.C. § 2241 p e t i t i o n challenging the BOP’s exclusion of him from r e habilitation progra m s a nd U n i t e d S t a te s C o u rt o f A p p e al s

F i f t h C i rc u i t 

### F I L E D April 23, 2013 Ly l e W . Cay ce Clerk

* Purs uant to 5 T H C I R

. R

. 47. 5, the court has d eterm ined that this op inion should not be p ublis hed and is not p reced ent excep t und er the lim ited circum s tances s et forth in 5 T H C I R

. R. 47. 5. 4. Case: 12-50943 Document: 00512217833 Page: 1 Date Filed: 04/23/2013No. 12-50943

halfway houses. His arguments are f oreclosed by this court’s deci s i o n in Galleg o s - H

e r nandez v. United S tates , 688 F.3d 190, 192-93 ( 5th Cir.), cert. denied , 133 S. Ct. 561 (2012). We are barred f rom c onsidering his a rgument that Gallegos-Hernandez was wrongly decided by our rule o f orderliness. Jacobs v. Nat’l Drug Intelligence C tr., 548 F.3d 375, 378 (5th Cir. 2 008)(“It is a well-settled Fifth Circuit rule of o rderl i n e s s t h a t o ne panel of our court may not overturn another panel’s decision, absent an intervening change in the law, such as by a statutory amendment, or the Supreme Court, or our e n banc court.”). His argument that his status is m aterially different from that of t h e d e f e n d ant in Gallegos-Hernandez is i ncorre c t. Like Barajas, Gallegos-Hernandez was a federal prisoner against whom an ICE detainer had been lodged. Accordingly, Torres Barajas’s motion to proceed IFP is DENIED, and his appeal is DISMISSED as frivolous. See5 T H C I R
. R. 42.2.

2 Case: 12-50943 Document: 00512217833 Page: 2 Date Filed: 04/23/2013