alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of MK Link Investment Partnership, Respondent, and Levine Investments, L.P., Petitioner, v WSW Capital, Inc., et al., Respondents, and CSAM Capital, Inc., as Successor in Interest to WSW Capital, Inc., Appellant.

[946 NYS2d 474]

Order and judgment (one paper), Supreme Court, New York County (Harold G. Leventhal, Special Ref.), entered December 1, 2010, which, to the extent appealed from, permitted a double recovery, unanimously reversed, on the law, with costs, and so much of the order and judgment as permits petitioner MK Link to retain its capital account at respondent CSAM in addition to receiving a new strip of securities, vacated.

*576The arbitral award, which was confirmed without modification in 2006, states that MK Link’s 1996 Fund “limited partnership capital account position shall be effected for the full 13-year term of the . . . Fund, *without calculation of any participation in the Master Fund”*(emphasis added). The Special Referee’s decision, which permitted petitioner MK Link to retain its capital account (i.e., its participation in the Master Fund) at respondent CSAM in addition to receiving a new strip of securities, impermissibly modified the arbitral award *(see*CPLR 7511 [c]) and violated the rule against double recoveries *(see e.g. Dabbah Sec. Corp. v Croesus Capital Corp.,*297 AD2d 531, 534 [2002]). MK Link contends that the award of its capital account compensated it for the damages caused by CSAM’s delay in complying with the arbitral award. However, the Special Referee specifically denied MK Link’s requests for consequential damages and interest. Concur — Sweeny, J.P., Catterson, Acosta, Freedman and Román, JJ.
# /C3W¥ ELECTRONIC RECORD COA # 03-11-00345-CR OFFENSE: 21.04 Wesley Schaeferv. The State of 

## STYLE: Texas COUNTY: Hays COA DISPOSITION: AFFIRMED TRIAL COURT: 22nd District Court DATE: 07/10/14 Publish: NO TCCASE#: CR-10-0489



### IN THE COURTOF CRIMINALAPPEALS Wesley Schaeferv. The State of STYLE: Texas 

## PRO &FL CCA#: 

# I03WV Petition FOR DISCRETIONARYREVIEW IN CCA IS: DATE: J&, 

# //<>/x>rf JUDGE: 

# ^ WtS^fo^ CCA Disposition: DATE: JUDGE: SIGNED: PUBLISH:
REHEARING IN CCA IS: JUDGE: PC:_ DNP:

MOTION FOR
ELECTRONIC RECORD
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL  INFORMATION  EXTRACTED FROM ABACAN
RESOURCE CORPORATION MARCH 31, 1999 FORM 10-QSB AND IS QUALIFIED IN ITS ENTIRETY
BY  REFERENCE  TO  UNAUDITED  FINANCIAL  STATEMENTS.
</LEGEND>
<MULTIPLIER> 1000
       
<S>                                     <C>
<PERIOD-TYPE>                           3-MOS
<FISCAL-YEAR-END>                       DEC-31-1998
<PERIOD-START>                          JAN-01-1999
<PERIOD-END>                            MAR-31-1999
<CASH>                                        2497 
<SECURITIES>                                     0
<RECEIVABLES>                                   23 
<ALLOWANCES>                                     0
<INVENTORY>                                      0
<CURRENT-ASSETS>                              2520 
<PP&E>                                       92409 
<DEPRECIATION>                                   0
<TOTAL-ASSETS>                               94995 
<CURRENT-LIABILITIES>                        46278 
<BONDS>                                          0
<COMMON>                                    276750 
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<OTHER-SE>                                 (228033)
<TOTAL-LIABILITY-AND-EQUITY>                 94995 
<SALES>                                          0
<TOTAL-REVENUES>                               488 
<CGS>                                            0
<TOTAL-COSTS>                                 1360 
<OTHER-EXPENSES>                                 0
<LOSS-PROVISION>                                 0
<INTEREST-EXPENSE>                             482 
<INCOME-PRETAX>                              (1354)
<INCOME-TAX>                                     0
<INCOME-CONTINUING>                          (1354)
<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                                 (1354)
<EPS-PRIMARY>                                 (.01)
<EPS-DILUTED>                                 (.01)
        

</TABLE>
#### Stewart *v.*British & American Mortgage Co. Limited.

Appeal from Pickens Circuit Court.

Tried '¡before the Hon. S. H. Sprott.

D. C. Hodo, for appellant.

M. B. Curry, for appellee.

This was an action of trover, brought by the appellee against the appellant. From a judgment in favor of the plaintiff the defendant appeals.

The judgment is affirmed on the authority of *Nelson v.*Banders, 123 Ala. 615.

Opinion by

Tyson, J.
#### In the Matter of Donald R. Harvey, Respondent, v Laurie J. Roselle (Swan), Appellant.

— Order unanimously affirmed, without costs, in accordance with the following memorandum: Family Court, after a full evidentiary hearing, granted custody of the parties’ child to petitioner. Family Court’s determination was based on respondent’s immoral conduct, her defiance of legal process, her denial of petitioner’s visitation rights and one instance of improper child care and supervision. While such factors are to be given appropriate consideration in determining custody *(Matter of Nehra v Uhlar,*43 NY2d 242, 248-251), the ultimate test is the best interests of the child *(Eschbach v Eschbach,*56 NY2d 167, 171). In affirming, we, therefore, make the following additional findings of fact (CPLR 5712 [b]). Petitioner has provided his son with parental guidance and an appropriate home environment. A strong relationship has developed between the child and his father, stepmother, and grandparents, which would be severely disrupted if the child moved to Virginia with respondent. A clear preference was expressed by the child to remain with petitioner. Granting custody to petitioner would continue this long-standing stable custody arrangement and coincides with the preference of the child *(see, Friederwitzer v Friederwitzer,*55 NY2d 89, 93-94). Favoring respondent’s custody claim is the important consideration of reuniting the child with his half brothers and half sister *(Eschbach v Eschbach, supra,*p 173). However, weighing these diverse factors, it is in the child’s best interests that custody be granted to petitioner. (Appeal from order of Cattaraugus County Family Court, Horey, J. — custody.) Present — Denman, J. P., Boomer, Pine, Lawton and Schnepp, JJ.
#### STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. HARRY WINES, DEFENDANT-APPELLANT.

See same case below: 65 *N. J. Super.*262.

*Messrs. McKenzie & Iiehl*for the petitioner.

*Mr. Lawrence A. Whipple, Mr. William A. O'Brien*and *Mr. Ralph P. Messano*for the respondent.

May 1, 1961.

Denied.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED BALANCE SHEET OF REGENT ASSISTED LIVING, INC. AS OF
SEPTEMBER 30, 1999, AND THE RELATED STATEMENT OF OPERATIONS FOR THE NINE MONTHS
IN THE PERIOD ENDED SEPTEMBER 30, 1999, AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                         9-MOS
<FISCAL-YEAR-END>               DEC-31-1999
<PERIOD-START>                  JAN-01-1999
<PERIOD-END>                    SEP-30-1999
<CASH>                            5,383,829
<SECURITIES>                              0
<RECEIVABLES>                       617,653
<ALLOWANCES>                         37,000
<INVENTORY>                               0
<CURRENT-ASSETS>                  8,196,434
<PP&E>                           55,084,179
<DEPRECIATION>                    2,289,414
<TOTAL-ASSETS>                   67,092,003
<CURRENT-LIABILITIES>             6,447,436
<BONDS>                          44,273,125
<PREFERRED-MANDATORY>                     0
<PREFERRED>                       9,349,841
<COMMON>                         10,808,703
<OTHER-SE>                     (22,043,519)
<TOTAL-LIABILITY-AND-EQUITY>     67,092,003
<SALES>                          38,885,648
<TOTAL-REVENUES>                 39,168,938
<CGS>                            28,301,751
<TOTAL-COSTS>                    43,511,139
<OTHER-EXPENSES>                          0
<LOSS-PROVISION>                          0
<INTEREST-EXPENSE>                1,855,194
<INCOME-PRETAX>                 (5,690,100)
<INCOME-TAX>                              0
<INCOME-CONTINUING>             (5,690,100)
<DISCONTINUED>                            0
<EXTRAORDINARY>                           0
<CHANGES>                                 0
<NET-INCOME>                    (5,690,100)
<EPS-BASIC>                          (1.33)
<EPS-DILUTED>                        (1.33)


</TABLE>
NOTE: This disposition is nonprecedential.

 

United States Court of Appeals 

for the Federal Circuit ______________________ 

SPORTSTAR ATHLETICS, INC.,

Plaintiff-Appellant

v.

WILSON SPORTING GOODS COMPANY,

Defendant-Appellee

______________________ 

2018-1136

______________________ 

Appeal from the United States District Court for the 

Southern District of Texas in No. 4:15-cv-01438, Judge 

Melinda Harmon.

______________________ 

JUDGMENT 

______________________ 

JOHN J. EDMONDS, Collins Edmonds & Schlather, 

PLLC, Los Angeles, CA, argued for plaintiff-appellant. 

 JEFFERY A. KEY, Key & Associates, Chicago, IL, argued for defendant-appellee. 

 ______________________ 

THIS CAUSE having been heard and considered, it is 

ORDERED and ADJUDGED: 
 PER CURIAM (NEWMAN, WALLACH, and HUGHES,

Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

 

 ENTERED BY ORDER OF THE COURT 

 

September 17, 2018 /s/ Peter R. Marksteiner

 Date Peter R. Marksteiner

 Clerk of Court
PAGE - 1 JUDGMENT

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

VIOLET A. DEGNER,

Plaintiff,

v.

NANCY A. BERRYHILL,

1

Commissioner of Social Security,

Defendant.

Case No. 3:16-cv-00168-KI

JUDGMENT

George J. Wall 

Law Offices of George J. Wall

1336 E. Burnside Street, Suite 130

Portland, OR 97214

Attorney for Plaintiff

Billy J. Williams 

United States Attorney

District of Oregon

 1 Nancy 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.

Case 3:16-cv-00168-KI Document 23 Filed 02/22/17 Page 1 of 2
PAGE - 2 JUDGMENT

Janice E. Hebert

Assistant United States Attorney

1000 SW Third Avenue, Suite 600

Portland, OR 97204-2902

Daphne Banay

Special Assistant United States Attorney

Office of General Council

Social Security Administration

701 Fifth Avenue, Suite 2900 M/S 221A

Seattle, WA 98104-7075

Attorneys for Defendant

KING, Judge:

Based on the record, IT IS ORDERED AND ADJUDGED that the decision of the 

Commissioner is affirmed and this case is dismissed.

IT IS SO ORDERED.

DATED this 22nd day of February, 2017.

/s/ Garr M. King 

Garr M. King

United States District Judge

Case 3:16-cv-00168-KI Document 23 Filed 02/22/17 Page 2 of 2
#### Brian ENTENDENCIA, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

No. 2007-5101.

United States Court of Appeals, Federal Circuit.

June 28, 2007.

Brian Entendencia, pro se.

*ORDER*

Upon consideration of Brian Entendencia’s motion to voluntarily dismiss his appeal,

IT IS ORDERED THAT:

(1) The motion is granted.

(2) Each side shall bear its own costs.
# L_2009285EN.01000101.xml

| 31.10.2009 | EN | Official Journal of the European Union | L 285/1 |
| --- | --- | --- | --- |

31.10.2009

EN

Official Journal of the European Union

L 285/1

---

COMMISSION REGULATION (EC) No 1034/2009

of 30 October 2009

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 31 October 2009.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 30 October 2009.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 350, 31.12.2007, p. 1.

2

---

ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | MA | 39,9 |
| MK | 29,1 |
| TR | 63,2 |
| ZZ | 44,1 |
| 0707 00 05 | TR | 127,9 |
| ZZ | 127,9 |
| 0709 90 70 | MA | 64,2 |
| TR | 114,8 |
| ZZ | 89,5 |
| 0805 50 10 | AR | 67,9 |
| TR | 75,0 |
| ZA | 77,4 |
| ZZ | 73,4 |
| 0806 10 10 | BR | 222,6 |
| EG | 90,3 |
| TR | 113,8 |
| US | 256,8 |
| ZZ | 170,9 |
| 0808 10 80 | CA | 74,5 |
| NZ | 92,2 |
| TR | 91,6 |
| US | 79,8 |
| ZA | 75,9 |
| ZZ | 82,8 |
| 0808 20 50 | CN | 71,0 |
| ZZ | 71,0 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

39,9

MK

29,1

TR

63,2

ZZ

44,1

0707 00 05

TR

127,9

ZZ

127,9

0709 90 70

MA

64,2

TR

114,8

ZZ

89,5

0805 50 10

AR

67,9

TR

75,0

ZA

77,4

ZZ

73,4

0806 10 10

BR

222,6

EG

90,3

TR

113,8

US

256,8

ZZ

170,9

0808 10 80

CA

74,5

NZ

92,2

TR

91,6

US

79,8

ZA

75,9

ZZ

82,8

0808 20 50

CN

71,0

ZZ

71,0

---

(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
  ZZ
  ’ stands for ‘of other origin’.

---
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 Power Sports Factory, Inc. (the "Company") on Form 10-Q for the period ended March 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Steve Rubakh, Chief Financial 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 to the best of 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 result of operations of the Company.




/s/ Steve RubakhSteve RubakhChief Financial Officer





June 23, 2010
<PAGE>

                                                                    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 Asta Funding, Inc. (the
"Company") on Form 10-Q for the quarter ended March 31, 2004, filed with the
Securities and Exchange Commission (the "Report"), I, Gary Stern, 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) of the Securities Exchange Act of 1934; and

         (2)      The information contained in the Report fairly presents, in
                  all material respects, the consolidated financial condition of
                  the Company as of the dates presented and the consolidated
                  result of operations of the Company for the periods presented.

Dated: May 12, 2004


                                             /s/ Gary Stern
                                             -----------------------------------
                                             Gary Stern
                                             Chief Executive Officer

The foregoing certification is being furnished solely pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter
63 of Title 18, United States Code) and is not being filed as part of the Form
10-Q or as a separate disclosure document.

A signed original of this written statement required by Section 906 has been
provided to Asta Funding, Inc. and will be retained by Asta Funding, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.
#### White, Respondent, *v.*Reed *et al.,*Appellants.

*(Superior Court of New York City, General Term.*

June 27, 1890.)

Motion to resettle order dated first Monday of December, 1887.

Action by George W. White against Mary Reed, as executor, etc., and another.

Argued before Freedman and Ingraham, JJ.

Per Curiam.

The order should be resettled so as to read as follows: “ With costs to the appellants to abide the event, and, in case the plaintiff should finally succeed in the action, such costs are to be set off against any judgment which may be recovered against the defendants or either of them by the plaintiff in this action. ”
#### UNITED STATES of America, Plaintiff-Appellee, v. Jonathan LLANA, Defendant-Appellant.

No. 06-10194.

United States Court of Appeals, Ninth Circuit.

Submitted Nov. 14, 2006.*

Filed Nov. 27, 2006.

Daniel G. Bogden, Esq., USLV-Office of the U.S. Attorney, Las Vegas, NV, for Plaintiff-Appellee.

Arthur L. Allen, Esq., Federal Public Defender’s Office, Las Vegas, NV, for Defendant-Appellant.

Before: KLEINFELD and THOMAS, Circuit Judges, and LEIGHTON **, District Judge.

*

 This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

**

 The Honorable Ronald B. Leighton, United States District Judge for the Western District of Washington, sitting by designation.

MEMORANDUM ***

*641Admission of the threats appellant made to kill Vincent Tolman and Officer Rodriguez if they testified against him was not an abuse of discretion because they were res gestae and because they showed consciousness of guilt.1 The four-level adjustment to the guidelines calculation was not error because the evidence showed that Liana intentionally fired the weapon at an occupied dwelling.2

AFFIRMED.

***

 This disposition is not appropriate for publication and may not be cited to or by the *641courts of this circuit except as provided by 9th Cir. R. 36-3.

1

. *See Ortiz-Sandoval v. Gomez,*81 F.3d 891, 897 (9th Cir.1996).

2

. *See United States v. Nielsen,*371 F.3d 574, 582 (9th Cir.2004); *United States v. Miguel,*368 F.3d 1150, 1155 (9th Cir.2004).
<TABLE>
                           SIMON TRANSPORTATION SERVICES INC.
                    SCHEDULE OF COMPUTATION OF NET EARNINGS PER SHARE
                                     (Unaudited)



<CAPTION>
                                                               For the Three Months Ended           For the Nine Months Ended
                                                          --------------------------------------------------------------------------
<S>                                                       <C>                  <C>               <C>                  <C>
Basic and Diluted:                                          June 30, 2001      June 30, 2000      June 30, 2001       June 30, 2000
                                                            -------------      -------------      -------------       -------------

Common shares outstanding beginning of period:                 6,115,109          6,110,109          6,111,109           6,110,109

Common share equivalents:

         Employee stock options exercised:
                  Basic                                               --                 --              3,835                  --
                  Diluted                                             --                 --              3,835                  --
                                                          --------------------------------------------------------------------------

         Number of common shares and common
               share equivalents outstanding
                  Basic                                        6,115,109          6,110,109          6,114,944           6,110,109
                                                          ==========================================================================
                  Diluted                                      6,115,109          6,110,109          6,114,944           6,110,109
                                                          ==========================================================================

Net loss                                                    $ (9,521,408)       $  (267,450)     $ (21,341,640)         $ (330,747)
                                                          ==========================================================================
         Net loss per common share
               and common share equivalent
                  Basic                                     $    (1.56)         $     (0.04)     $       (3.49)         $    (0.05)
                                                          ==========================================================================
                  Diluted                                   $    (1.56)         $     (0.04)     $       (3.49)         $    (0.05)
                                                          ==========================================================================

</TABLE>