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#### CLARKE v. FOX.

(Supreme Court, General Term, Second Department.

December 2, 1895.)

Slander—Liability for Repetition—Instructions.

A charge that the originator of a slander is responsible for its repetition, where there is no evidence of repetition, invites the jury to give damages on a mistaken basis, and is erroneous.

Appeal from circuit court, Kings county.

Action by Christopher Clarke against Richard K. Fox for slander. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals.

Reversed.

Argued before BROWN, P. J, and DYKMAN and PRATT, JJ.

Howe & Hummel, for appellant.

John S. Griffith, for respondent.

PRATT, J.

The court charged the jury that the originator of a slander is responsible for the repetitions, and that they must inquire carefully to what extent, if at all, under the proof, the alleged slander had traveled. In this respect the charge was erroneous. There was no proof that the slander had been repeated, and the jury were invited to give damages upon this mistaken basis. The exception taken was sufficient.

Judgment reversed, and a new trial ordered, with costs to abide event. All concur.
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

THE STATE OF TEXAS

,

State

,

v.

ERLINDA LUJAN

,

Appellee

. §

§

§

§

§

§

§ No. 08

- 1 7

- 00 0 3 6

- C R

Appeal from the

243 rd District Court

of El Paso County, Texas

(TC# 20160D04874 )

O R D E R

The Court has this day considered the State ’s motion for stay of trial court proceedings

pursuant to Tex. Crim. Proc. Code Art. 44.01(e), a nd concludes the motion should be GRANTED.

Therefore, the 243 rd District Court is directed to stay all proceedings in cause number

20160D04874 , styled Erlinda Lujan v. The State of Texas , pending disposition of this appeal or

further order of this Court.

IT IS SO ORDERED this 10 th day of February , 201 7

.

PER CURIAM

Before McClure , C.J., R odriguez and Palafox , JJ.
1 – ORDER OF REMAND

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

PAMELA F. MONETTE,

No. 3:15-cv-00721-MO

Plaintiff, 

ORDER OF REMAND

v.

LEGACY EMANUEL HOSPITAL &

HEALTH CENTER, doing business as 

LEGACY EMANUEL MEDICAL CENTER;

OREGON ANESTHESIOLOGY GROUP, PC;

PACIFIC SURGICAL, PC; RADIOLOGY

CONSULTANTS, INC.; PACIFIC NEUROSURGICAL, P.C.;

JEFFERSON CHEN M.D.; MATTHEW A.

SOLOMON, D.O.; K. DEAN GUBLER,

D.O.; JAMES GILMORE, M.D.; MELISSA 

RADECKI, M.D.; RONALD BARBOSA,

M.D.; JOSEPH WILLIAMS, M.D.;

WILLIAM LONG, M.D.; KAISER

FOUNDATION HEALTH PLAN OF THE

NORTHWEST, doing business as KAISER

PERMANENTE,

 Defendants.

MOSMAN, J., 

Based on the agreement of the parties, Legacy Emanuel’s Motion to Remand [16] is 

hereby GRANTED and the above-captioned case is REMANDED to State Court for further 

proceedings. All other pending motions are DENIED AS MOOT. IT IS SO ORDERED.

DATED this 16th day of July, 2015. 

/s/ Michael W. Mosman________ 

MICHAEL W. MOSMAN

United States District Judge

Case 3:15-cv-00721-MO Document 33 Filed 07/16/15 Page 1 of 1
Bruce W. Brewer, OSB #925581

brucebrewerusdccases@gmail.com

PO Box 421

West Linn, OR 97068

503-621-6633

Attorney for Plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

BENNY NUSSBAUMER, ) Case No. 6:15-cv-01473-YY

)

) ORDER FOR

) ATTORNEY FEES - 42 USC §406(b)

)

)

)

)

Plaintiff,

 v.

COMMISSIONER,

Social Security Administration, )

)

Defendant. )

_________________________________

It is ordered that the motion for attorney fees (ECF #33) is granted and that an

attorney fee pursuant to 42 U.S.C. §406(b) in the amount of $10,818.14 is hereby

awarded to Plaintiff’s Counsel. It is found that pursuant to applicable law and the

stipulation of the parties Counsel for Plaintiff is entitled to this fee. It is ordered that this

fee shall be paid directly to Plaintiff’s Counsel by check made payable to Bruce Brewer

and sent to him at PO Box 421, West Linn, OR 97068.

It is so ORDERED this _____ day of November, 2021.

________________________________________

Honorable Youlee Yim You

U.S. Magistrate Judge

Presented by:

Bruce W. Brewer, OSB #925581

ORDER - 1

19th

/s/ Youlee Yim You 

Case 6:15-cv-01473-YY Document 37 Filed 11/19/21 Page 1 of 1
Exhibit 24



                                POWER OF ATTORNEY


                  KNOW ALL PERSONS BY THESE PRESENTS that each person whose
signature appears below hereby constitutes and appoints Manuel A. Villafana and
John H. Jungbauer, and each of them, his attorney-in-fact, with full power of
substitution, for the purpose of signing on his behalf, in any and all
capacities, the Annual Report on Form 10-K of ATS Medical, Inc. pursuant to
Section 13 of the Securities and Exchange Act of 1934, as amended, for the
fiscal year ended December 31, 1997 (the "10-K Report") and of signing any and
all amendments to the 10-K Report and to deliver the 10-K Report and any and all
amendments thereto as each thereof is so signed for filing with the Securities
and Exchange Commission.


/s/ Manual A. Villafana                               Dated:  March 19, 1998
------------------------                                      --------------
Manual A. Villafana


/s/ Richard W. Kramp                                  Dated:  March 19, 1998
--------------------                                          --------------
Richard W. Kramp


/s/ John H. Jungbauer                                 Dated:  March 19, 1998
---------------------                                         --------------
John H. Jungbauer


/s/ Charles F. Cuddihy, Jr.                           Dated:  March 19, 1998
---------------------------                                   --------------
Charles F. Cuddihy, Jr.


/s/ David L. Boehnen                                  Dated:  March 19, 1998
--------------------                                          --------------
David L. Boehnen


/s/ A. Jay Graf                                       Dated:  March 19, 1998
---------------                                               --------------
A. Jay Graf
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 Thanksgiving Coffee Company, Inc. (the Company) on Form 10-Q for the quarter ended September 30, 2008 as
filed with the Securities and Exchange Commission on the date hereof (the Report), I, the undersigned Chief Executive Officer of the Company hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that:



| | (i) | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | ---------------------------------------------------------------------------------------------------------------------



| | (ii) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Paul KatzeffChief Executive Officer November 14,
2008
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 Optical Cable Corporation (the Company) on Form 10-Q for the quarter ended July 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned
hereby 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 and
Exchange Act of 1934; and (2) the information contained in the Report fairly represents, in all material respects, the financial condition and results of operations of the Company as of July 31, 2007, and for the period then ended.



|                         |  |                                                                          
|------------------------ |  | -------------------------------------------------------------------------
|Date: September 14, 2007 |  | /s/ Neil D. Wilkin, Jr.                                                  
|                         |  | Neil D. Wilkin, Jr.                                                      
|                         |  | Chairman of the Board of Directors, President and
Chief Executive Officer
IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

INNOVATIVE METAL DESIGN, INC., an 

Oregon corporation, 

Plaintiff, 

v. 

U.S. BANK NATIONAL ASSOCIATION, 

a Minnesota corporation; and HANADI 

ACHOUR, an individual, 

Defendants. 

Case No. 3:15-cv-00560-SB 

ORDER 

It is ORDERED that the parties' Stipulated Motion t6 Dismiss ·with Prejudice (ECF No. 38) 

is GRANTED, and that this action is DISMISSED with prejudice and with each party to bear its own 

costs and expenses. 

Dated this ~ day of March, 2016. 

Page 1 - ORDER 

Case 3:15-cv-00560-SB Document 39 Filed 03/21/16 Page 1 of 1
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 13-13559

Non-Argument Calendar

________________________

D.C. Docket No. 3:11-cr-00215-RCV-GRJ-1

UNITED STATES OF AMERICA, 

 Plaintiff-Appellee,

versus

SHAWN PETER SPRINGER, 

 Defendant-Appellant.

________________________

Appeal from the United States District Court

for the Middle District of Florida

________________________

(March 20, 2015)

Before MARCUS, WILLIAM PRYOR and EDMONDSON, Circuit Judges.

PER CURIAM: 

Case: 13-13559 Date Filed: 03/20/2015 Page: 1 of 2 
2

Angela Wright, counsel for Shawn Springer, has moved to withdraw from 

further representation of the appellant and filed a brief pursuant to Anders v. 

California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent 

review of the entire record reveals that counsel’s assessment of the relative merit of 

the appeal is correct. Because independent examination of the entire record reveals 

no arguable issues of merit, counsel’s motion to withdraw is GRANTED, and 

Springer’s convictions and sentences are AFFIRMED. 

Case: 13-13559 Date Filed: 03/20/2015 Page: 2 of 2
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     THIS SCHEDULE  CONTAINS SUMMARY  FINANCIAL  INFORMATION  EXTRACTED FROM THE
UNAUDITED FINANCIAL STATEMENTS OF MEDICAL TECHNOLOGY SYSTEMS,  INC. FOR THE NINE
MONTHS ENDED  DECEMBER 31, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK>                           0000823560
<NAME>                          Medical Technology Systems, Inc.
<MULTIPLIER>                    1,000
<CURRENCY>                      US

<S>                                <C>
<PERIOD-TYPE>                           12-MOS
<FISCAL-YEAR-END>                  MAR-31-1999
<PERIOD-START>                     APR-01-1998
<PERIOD-END>                       MAR-31-1999
<EXCHANGE-RATE>                           1.00
<CASH>                                     205
<SECURITIES>                                 0
<RECEIVABLES>                            2,684
<ALLOWANCES>                               211
<INVENTORY>                              1,990
<CURRENT-ASSETS>                         4,737
<PP&E>                                   6,993
<DEPRECIATION>                           4,980
<TOTAL-ASSETS>                           8,511
<CURRENT-LIABILITIES>                    3,279
<BONDS>                                      0
<PREFERRED-MANDATORY>                        0
<PREFERRED>                                  1
<COMMON>                                    64
<OTHER-SE>                               8,583
<TOTAL-LIABILITY-AND-EQUITY>             8,511
<SALES>                                 15,073
<TOTAL-REVENUES>                        15,073
<CGS>                                    8,381
<TOTAL-COSTS>                           14,740
<OTHER-EXPENSES>                             0
<LOSS-PROVISION>                         2,500
<INTEREST-EXPENSE>                       1,158
<INCOME-PRETAX>                         (5,487)
<INCOME-TAX>                                 0
<INCOME-CONTINUING>                        208
<DISCONTINUED>                          (3,764)
<EXTRAORDINARY>                            569
<CHANGES>                                    0
<NET-INCOME>                            (5,487)
<EPS-BASIC>                            (0.88)
<EPS-DILUTED>                            (0.88)



</TABLE>
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### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JU LY 20, 2016

NO. 03

- 16

- 00117

- CR

Benjamin Bustos, Appellant

v.

The State of Texas, Appellee

APPEAL FROM 147TH DISTRICT COURT OF TRAVIS COUNTY

BEFORE JUSTICES PURYEAR, PE MBERTON , AND FIELD

DISMISSED FOR WANT OF JURISDICTION

-- OPINION BY JUSTICE PEMBERTON

This is an appeal from the order to withdraw funds signed by the district court. Having reviewed

the record, it ap pears that the Court lacks jurisdiction over this appeal. Therefore, the Court

dismisses the appeal for want of jurisdiction

. Because appellant is indigent and unable to pay

costs, no adjudication of costs is made.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 03-7570

THOMAS LOWERY,

Petitioner - Appellant,

versus

GARY D. MAYNARD, Director of SCDC; CHARLES

CONDON, Attorney General of the State of South

Carolina,

Respondents - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Columbia. Terry L. Wooten, District Judge.

(CA-02-3205-25BC-3)

Submitted: December 18, 2003 Decided: January 16, 2004

Before LUTTIG, SHEDD, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Thomas Lowery, Appellant Pro Se. Donald John Zelenka, Chief Deputy

Attorney General, Derrick K. McFarland, OFFICE OF THE ATTORNEY

GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Thomas Lowery seeks to appeal the district court’s order

adopting the magistrate judge’s recommendation to grant the

Government summary judgment and deny his 28 U.S.C. § 2254 (2000)

petition. Lowery cannot appeal this order unless a circuit judge

or justice issues a certificate of appealability, and a certificate

of appealability will not issue absent a “substantial showing of

the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2)

(2000). A habeas appellant meets this standard by demonstrating

that reasonable jurists would find that his constitutional claims

are debatable and that any dispositive procedural rulings by the

district court are also debatable or wrong. See Miller-El v.

Cockrell, 537 U.S. 322, 326 (2003); Slack v. McDaniel, 529 U.S.

473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir. 2001).

We have independently reviewed the record and conclude Lowery has

not made the requisite showing. Accordingly, we deny a certificate

of appealability and dismiss the appeal.

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