alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v *589Paul Bartolotta, Appellant.

The defendant’s conviction is based upon his giving false testimony during a Grand Jury investigation concerning extortion, robbery and the tampering with a certain witness. The defendant challenges his conviction on numerous grounds, several of which merit discussion. Initially, we reject his claim that the indictment is the product of a perjury trap set by the prosecutor *(see, People v Davis,*53 NY2d 164, 174; *cf. People v Tyler,*46 NY2d 251). This issue was properly presented to the jury which, in view of the verdict, determined that the indictment was not predicated upon interrogation techniques solely designed to trap the defendant into committing perjury. Moreover, on the record before us, there is no basis to disturb the jury’s determination on this issue.

The defendant further contends that the People’s case was based almost entirely upon evidence which was highly prejudicial, irrelevant and immaterial to the charges of perjury. We find that under the circumstances of this case the challenged evidence was properly admitted as background information "in order to make the subject matter of the defendant’s perjury intelligible to the jury” *(People v Stanard,*32 NY2d 143, 146; *see, People v Doody,*172 NY 165). The record indicates that the trial court carefully monitored the introduction of this evidence and repeatedly instructed the jury to in no way connect the defendant to any criminal act other then the alleged perjury.

The defendant also maintains that his testimony was not material to the Grand Jury’s investigation. Initially, we note that materiality is a question of fact for the jury *(see, People v Davis, supra,*p 170). On this record there is sufficient evidence to support a finding that the defendant’s false testimony had the natural effect of impeding or dissuading the Grand Jury from pursuing its investigation.

Finally, with respect to the defendant’s remaining contentions, we find that they were either not properly preserved for appellate review or are without merit. Thompson, J. P., Weinstein, Rubin and Spatt, JJ., concur.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
FINANCIAL DATA SCHEDULE FOR MARCH 31, 1998 FORM 10-Q

THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE 
CONSOLIDATED BALANCE SHEET AS OF MARCH 31, 1998, AND THE CONSOLIDATED 
STATEMENT OF OPERATIONS FOR THE THREE MONTHS ENDED MARCH 31, 1998, AND IS 
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS
</LEGEND>
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                          22,017
<SECURITIES>                                    11,825
<RECEIVABLES>                                   20,169
<ALLOWANCES>                                     2,659
<INVENTORY>                                      2,242
<CURRENT-ASSETS>                                     0
<PP&E>                                         790,805
<DEPRECIATION>                                 381,128
<TOTAL-ASSETS>                               1,209,368
<CURRENT-LIABILITIES>                                0
<BONDS>                                      1,286,145
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             2
<OTHER-SE>                                   (261,125)
<TOTAL-LIABILITY-AND-EQUITY>                 1,209,368
<SALES>                                        110,665
<TOTAL-REVENUES>                               110,665
<CGS>                                                0
<TOTAL-COSTS>                                   98,632
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 1,679
<INTEREST-EXPENSE>                              31,499
<INCOME-PRETAX>                                (4,699)
<INCOME-TAX>                                       855
<INCOME-CONTINUING>                            (3,814)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                (3,061)
<CHANGES>                                            0
<NET-INCOME>                                   (6,875)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
Exhibit 10.70

                       THIRD AMENDMENT TO PROMISSORY NOTE
                                (LINE OF CREDIT)


     WHEREAS,  Obsidian Enterprises,  Inc., a Delaware corporation,  executed as
"Maker",  a  certain  Promissory  Note  dated  January  9, 2002 in favor of Fair
Holdings, Inc, an Ohio corporation,  (the "Note"), as "Lender", in the principal
amount of Three Million and 00/100 Dollars with a Final Maturity Date of January
9, 2005 which was amended by that certain  First  Amendment To  Promissory  Note
dated January 2, 2003 and further  amended by that certain  Second  Amendment To
Promissory Note dated April 1, 2003.

     WHEREAS, Obsidian Enterprises,  Inc. and Fair Holdings, Inc. have agreed to
a third amendment to the Note so that the principal  amount of the Note shall be
increased to the sum of Twelve Million and 00/100 Dollars ($12,000,000.00).

     NOW  THEREFORE,  inconsideration  of the  recitals  set forth above and the
covenants,   conditions  and  agreements   contained  herein,  the  receipt  and
sufficiency of which are hereby  acknowledged,  the Parties consent and agree as
follows:

     1.   The  principal  balance  of the Note is  hereby  increased  to  Twelve
          Million and 00/100 Dollars ($12,000,000.00).

     2.   The Final  Maturity  Date is hereby  extended  from January 9, 2005 to
          January 1, 2007.

     Except for the amendment to the principal  balance and the extension of the
     due date to January 1, 2007, all other terms and conditions of the Note and
     all  amendments  thereto  shall remain in full force and effect as if fully
     stated herein.

IN WITNESS WHEREOF,  the parties have caused this Second Amendment to Promissory
Note to be executed this 2nd day of February, 2004.


      Obsidian Enterprises, Inc.              Fair Holdings, Inc.


      By: /s/ Terry G. Whitesell              By: /s/ Timothy S. Durham
          -----------------------------           ------------------------------
          Terry G. Whitesell, President           Timothy S. Durham, Chairman
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#### TELEFLEX, INCORPORATED and Technology Holding Company, Plaintiffs-Appellants, v. KSR INTERNATIONAL CO., Defendant-Appellee.

No. 2004-1152.

United States Court of Appeals, Federal Circuit.

June 20, 2007.

Before MAYER, SCHALL, and PROST, Circuit Judges.

*ORDER*

SCHALL, Circuit Judge.

In *Teleflex Inc. v. KSR International, Co.,*119 FedAppx. 282 (Fed.Cir.2005), this court reversed the decision of the United States District Court for the Eastern District of Michigan that granted summary judgment in favor of KSR that claim 4 of Teleflex’s U.S Patent No. 6,287,565 B1 is invalid by reason of obviousness. In *KSR International Co. v. Teleflex, Inc.,*— U.S. -, 127 S.Ct. 1727, 167 L.Ed.2d 705 (2007), the Supreme Court of the United States reversed the judgment of this court and remanded the case to this court for further proceedings consistent with the Court’s opinion.

UPON CONSIDERATION OF THE DECISION OF THE SUPREME COURT, it is ORDERED that the judgment of the district court be, and the same hereby is, AFFIRMED.
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```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1850 Introduced in Senate (IS)]

105th CONGRESS
  2d Session
                                S. 1850

          To suspend temporarily the duty on mucochloric acid.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 24, 1998

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

_______________________________________________________________________

                                 A BILL

 
          To suspend temporarily the duty on mucochloric acid.

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

SECTION 1. MUCOCHLORIC ACID.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

      

``     9902.29.18      Mucochloric acid                                                                         
                        (CAS No. 87-56-9)                                                                       
                        (provided for in                                                                        
                        subheading                                                                              
                        2918.30.90)......  Free         No change         No change         On or before 12/    
                                                                                             31/02              
                                                                                                                

    (b) Effective Date.--The amendment made by subsection (a) applies 
with respect to articles entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of enactment of 
this Act.
                                 <all>
```
# C_2006194EN.01003901.xml

| 18.8.2006 | EN | Official Journal of the European Union | C 194/39 |
| --- | --- | --- | --- |

18.8.2006

EN

Official Journal of the European Union

C 194/39

---

Reorganisation measures

Decision on a reorganisation measure in respect of Faro Compagnia di Assicurazioni e Riassicurazioni s.p.a.

(Publication made in accordance with Article 6 of Directive 2001/17/EC of the European Parliament and of the Council of 19 March 2001 on the reorganisation and winding-up of insurance undertakings)

(Publication made in accordance with Article 6 of Directive 2001/17/EC of the European Parliament and of the Council of 19 March 2001 on the reorganisation and winding-up of insurance undertakings)

(2006/C 194/08)

| Insurance undertaking | Faro Compagnia di Assicurazioni e Riassicurazioni s.p.a. con sede in Genova, Via Fieschi n. 3/9 I-16121 |
| --- | --- |
| Date, entry into force and nature of the decision | Decree of the Ministry of Economic Development of 28 July 2006 dissolving the administrative and controlling bodies
  Measure of the ISVAP of 28 July 2006 nominating an extraordinary commissioner and a supervisory committee
  Entry into force: 28 July 2006 |
| Competent authorities | Ministero dello Sviluppo Economico |
| Direzione generale per il commercio, le assicurazioni e i servizi |
| Via Sallustiana, 53 |
| I-00187 Roma |

Insurance undertaking

Faro Compagnia di Assicurazioni e Riassicurazioni s.p.a. con sede in Genova, Via Fieschi n. 3/9 I-16121

Date, entry into force and nature of the decision

Decree of the Ministry of Economic Development of 28 July 2006 dissolving the administrative and controlling bodies

Measure of the ISVAP of 28 July 2006 nominating an extraordinary commissioner and a supervisory committee

Entry into force: 28 July 2006

Competent authorities

Ministero dello Sviluppo Economico

Direzione generale per il commercio, le assicurazioni e i servizi

Via Sallustiana, 53

I-00187 Roma

Supervisory authority

| Istituto per la vigilanza sulle assicurazioni private e di interesse collettivo |
| --- |
| Via del Quirinale, 21 |
| I-0087 Roma |

Istituto per la vigilanza sulle assicurazioni private e di interesse collettivo

Via del Quirinale, 21

I-0087 Roma

Administrator appointed

| Prof. Angelo Pace |
| --- |
| Via Fieschi n. 3/9 |
| I-16121 Genova |

Prof. Angelo Pace

Via Fieschi n. 3/9

I-16121 Genova

Applicable law

Italy

Art. 231 e seguenti del decreto legislativo 7 settembre 2005, n. 209

---
Exhibit 32.2

CERTIFICATION PURSUANT TO

18 USC SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report on Form
10-Q of Medallion Financial Corp. (the Company) for the quarter ending June 30, 2011 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned hereby certifies, pursuant to 18
USC Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, based on my knowledge:

(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 as of the dates and for the periods expressed in the Report.



|                          |  |                  
|------------------------- |  | -----------------
|By:                       |  | /s/ Larry D. Hall
|Senior Vice President and
|Chief Financial Officer  

Date: August 4, 2011



Page 63 of 63
UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

RANDY ALLEN UPHAM, Case No. 3:15-cv-01644-KI

Plaintiff,

JUDGMENT

v.

NANCY A. BERRYHILL, Acting

Commissioner of Social Security,

1

Defendant.

Sara L. Gabin, P.C., Attorney at Law

14523 Westlake Drive

Lake Oswego, OR 97035-7700

Attorney for Plaintiff

Billy J. Williams

United States Attorney

District of Oregon

1Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to

Rule 25(d) of the Federal Rules of Civil Procedure, Nancy A. Berryhill is substituted for Acting

Commissioner Carolyn W. Colvin as the defendant in this suit.

Page 1 - JUDGMENT

Case 3:15-cv-01644-KI Document 29 Filed 02/02/17 Page 1 of 2
Janice E. Hebert

Assistant United States Attorney

1000 SW Third Avenue, Suite 600

Portland, OR 97204-2902

Thomas M. Elsberry

Special Assistant United States Attorney

Office of the General Counsel

Social Security Administration

701 Fifth Avenue, Suite 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).

Dated this 2nd day of February, 2017.

 /s/ Garr M. King 

Garr M. King

United States District Judge

PAGE 2 - JUDGMENT

Case 3:15-cv-01644-KI Document 29 Filed 02/02/17 Page 2 of 2
Katherine Eitenmiller, OSB # 145731

Brent Wells, OSB # 85403 

HARDER, WELLS, BARON & MANNING, P.C. 

474 Willamette Street 

Eugene, OR 97401 

(541) 686-1969 

keitenmiller@hwbm.net 

Of Attorneys for the Plaintiff 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

CHRISTY L. MURRY, ) 

) Case No. 6:15-cv-01257-SU

Plaintiff, ) 

vs. ) 

) ORDER FOR PAYMENT OF ATTORNEY 

COMMISSIONER, ) FEES PURSUANT TO EAJA 

Social Security Administration , ) 

) 

) 

____________Defendant._________)

Based upon the Stipulation of the parties, it is hereby ORDERED that attorney fees in the 

amount of $4,981.15 are hereby awarded to Plaintiff, pursuant to the Equal Access to Justice Act 

(EAJA), 28 U.S.C. § 2412. Payment of this award shall be paid via check made payable to 

Plaintiff and mailed to Plaintiff’s attorneys at Harder, Wells, Baron & Manning, P.C., 474 

Willamette Street, Eugene, Oregon 97401. Pursuant to Astrue v. Ratliff, the award shall be made 

payable to Plaintiff’s attorney if the commissioner confirms that Plaintiff owes no debt to the 

government through the federal treasury offset program. There are no costs or expenses to be 

paid herein. 

Dated this day of October 2016. 

______________________________

U.S. District Judge/Magistrate 

PRESENTED BY: 

s/ Katherine Eitenmiller 

Harder, Wells, Baron & Manning, P.C. 

Of Attorneys for Plaintiff

19th

/s/ Patricia Sullivan

Case 6:15-cv-01257-SU Document 32 Filed 10/19/16 Page 1 of 1
UNITED STATES DISTRICT COURT 

DANTE LAMON TAPLIN, 

Plaintiff, 

v. 

MULTNOMAH COUNTY HEALTH 

SERVICES, et al., 

Defendants. 

AIKEN, District Judge. 

DISTRICT OF OREGON 

3:15-cv-1937-AA 

AMENDED ORDER 

The Court's Order (#34) entered June 13, 2016 is hereby 

withdrawn and the following amended order is substituted in its 

place. 

Plaintiff's Motion for Reconsideration ( #32) is allowed. 

Upon reconsideration, the court's order (#30) denying plaintiff's 

Motion for Summary Judgment (#17) is affirmed. Stated otherwise, 

1 - ORDER 

Case 3:15-cv-01937-AA Document 36 Filed 07/19/16 Page 1 of 2
the court has reconsidered plaintiff's motion for summary judgment 

but affirmed it's previous decision denying that motion. 

IT IS SO ORDERED. 

DATED this y of July, 2016. 

Ann Aiken 

United States District Judge 

2 - ORDER 

Case 3:15-cv-01937-AA Document 36 Filed 07/19/16 Page 2 of 2