alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 10** 
**- 1073** 

DAVID BETHEA ,
Plaintiff

- Appellant ,

v.

BLANCHARD & JOHNSON TRANSPORTATION ,
Defendant

– Appellee,

and

DEPARTMENT OF LABOR,

Defendant

.

Appeal from t he United States District Court for the District of South Carolina , at Florence

. R. Bryan Harwell , District Judge. ( 4:07

- cv
- 02257

- RBH )

Submitted : April 22, 2010 Decided: April 27, 2010

Before TRAXLER, Chief Judge , and KING and AGEE , Circuit Judge s.

Affirmed by un published per curiam opinion

.

David Bethea, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:

David Bethea appeals the district court ’ s order s
accepting the recommendation s of the magi strate judge and
denying relief on his civil complaint . We have reviewed the
record and find no reversible error. Accordingly, we affirm for
the reasons stated by the district court. Bethea v. Blanchard &
Johnson Transp. , No. 4:07

- cv
- 02257

- RBH (D.S.C. A ug. 25, 2008;

Dec. 28, 2009) . 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.

AFFIRMED
NOTE: This disposition is nonprecedential. 

United States Court of Appeals for the Federal Circuit 

2006-3290 

LARRY A. WILLS, 

Petitioner, 

v. 

UNITED STATES POSTAL SERVICE, 

Respondent. 

Willie J. Nunnery, Nunnery Law Offices, of Madison, Wisconsin, argued for 

petitioner. 

Robert P. Sindermann, Jr., Appellate Counsel, United States Postal Service, of 

Washington, DC, argued for respondent. With him on the brief were Peter D. Keisler, 

Assistant Attorney General, Commerical Litigation Branch, Civil Division, United States 

Department of Justice, of Washington, DC, and Lori J. Dym, Chief Counsel, Law 

Department Civil Practice, United States Postal Service, of Washington, DC. Of 

counsel was David C. Belt. 

Appealed from: United States Merit Systems Protection Board 
NOTE: This disposition is nonprecedential. 

United States Court of Appeals for the Federal Circuit 

2006-3290 

LARRY A. WILLS, 

 Petitioner, 

v. 

UNITED STATES POSTAL SERVICE, 

 Respondent. 

Judgment 

ON APPEAL from the MERIT SYSTEMS PROTECTION BOARD 

 

In CASE NO(S). CH0752050771-I-1. 

This CAUSE having been heard and considered, it is 

ORDERED and ADJUDGED: 

Per Curiam: (MAYER and PROST, Circuit Judges and LINARES, District Judge*). 

AFFIRMED. See Fed. Cir. R. 36. 

 ENTERED BY ORDER OF THE COURT 

DATE: July 13, 2007 /s/ Jan Horbaly 

 Jan Horbaly 

 Clerk 

* Honorable Jose L. Linares, District Judge, United States District Court for the 

District of New Jersey, sitting by designation.
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT W ENDY LISSETH HERNANDEZENR IQUEZ, Pe titione r, v. ER IC H. HOLDER , Jr., Attorne y Ge ne ra l, R

e sponde n t . No. 10-72999 Age n c y No. A098-436-267 M EM O R ANDUM *

On Pe tition for Re vie w of a n Orde r of the B oa rd of Im m igration Appe a ls Subm itte d Se pte m

be r 23, 2014 * * B e fore : W . FLETC HER , R AW LINSON, a

n d C HR ISTEN, C irc uit Judge s. W e ndy Lisse th He rnande z -Enrique z , a native and c itiz e n of El Sa lva d or, pe titions for re vie w of the B oa rd of Im m igration Appe a ls’ (“ B IA” ) orde r dism issing he r a

p p e a l from

an im m igration judge ’ s (“ IJ” ) de c i sion de ny ing he r



# FIL ED OCT 6 2014 M OLLY C. DW Y ER, CLERK U . S . CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without ora l a

rgum e nt. Se e Fe d. R . App. P. 34(a)(2).a

pplic ation for a s y lum an d withholding of rem ova l. W e have jurisdic t ion unde r 8 U.S.C . § 1252. W e grant the pe tition for re vie w a nd re m and. In de ny ing He rnande z -Enrique z ’ s a sy lum and withholding of re

m ova l c la im s, the a ge nc y

found He rnande z -Enrique z fa ile d to e sta blish pa st pe rse c ution or a fe ar of future pe rse c ution on a c c ount of a prote c te d ground. W

he n the IJ a nd B IA issue d the ir de c isions in this c a se , the y did not ha

ve the be ne fit of this c ourt’ s de c isions in H

e nrique z -Riv as v . Holde r , 707 F.3d 1081 (9th C ir. 2013) (e n ba nc ), C ordoba v . Holde r , 726 F.3d 1106 (9th C ir. 2013), a nd Pirir-Boc v . Holde r , 750 F.3d 1077 (9th C ir. 2014), or theB IA’ s de c isions in Matte r of M-E-V-G- , 26 I. & N. De c . 227 (B IA 2014), a nd Matte r of W

-G-R- , 26 I. & N. De c . 208 (B IA 2014). Thus, we re m and He rna

nde z -Enrique z ’ s a sy lum

and withholding of re

m ova l c la im s to de te rm ine the im pa c t, if a ny , of the se de c i sions. Se e IN S v . Ve ntura , 537 U.S. 12, 16-18 (2002) (per c uriam ). In light of this re m a n d , we do not re a c h He rnande z -Enrique z ’ s re m a ining c h a lle nge s to thea ge nc y ’ s de nia l of he r a sy lum and withholding of re

m o va l c la im s at this time . PE T IT IO N FO R RE V IE WG RANT E D; RE M ANDE D .

1 0 - 7 2 9 9 9 2
Exhibit 31.1

CERTIFICATION PURSUANT TO RULE 13A-14 OF THE SECURITIES EXCHANGE ACT OF 1934, AS
ADOPTED PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

 I, Jingan Wang, certify that:

1. I have reviewed the small business issuer's Annual Report on Form 10-KSB for
the fiscal year ended December 31, 2004 (this "report");

2. Based on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements
made, in light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the small business
issuer as of, and for, the periods presented in this report;

4. The small business issuer's other certifying officers and I are responsible
for establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and
have:

a. Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the small business issuer, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this report is being prepared;

b. Evaluated the effectiveness of the small business issuer's disclosure
controls and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; and

c. Disclosed in this report any change in the small business issuer's internal
control over financial reporting that occurred during the small business
issuer's most recent fiscal quarter (the small business issuer's fourth fiscal
quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the small business issuer's internal
control over financial reporting;

5. The small business issuer's other certifying officers and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the small business issuer's auditors and the audit committee of
the small business issuer's board of directors (or persons performing the
equivalent functions):

a. All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the small business issuer's ability to record,
process, summarize and report financial information; and

b. Any fraud, whether or not material, that involves management or other
employees who have a significant role in the small business issuer's internal
control over financial reporting.


Date:  July 27, 2005

By:  /s/ Jingan Wang
    -----------------------
    Jingan Wang
    Chief Executive Officer
Case 1:07-cv-01544-AKH Document 14 Filed 11/06/2007 Page 1 of 2
Case 1:07-cv-01544-AKH Document 14 Filed 11/06/2007 Page 2 of 2
#### The People of the State of New York, Respondent, v *848Tony Jackson, Also Known as Marvin Johnson, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Vinik, J.), rendered July 2, 1985, convicting him of robbery in the second degree and assault in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress certain identification testimony.

Ordered that the judgment is affirmed.

The showup procedure employed by the police was not violative of the defendant’s right to due process of law inasmuch as it was conducted near the scene of the crime within a short time of its commission *(see, People v Love,*57 NY2d 1023; *People v King,*121 AD2d 471, *lv denied*68 NY2d 758). Accordingly, the hearing court properly denied that branch of the defendant’s omnibus motion which was to suppress certain identification testimony. Rubin, J. P., Kooper, Spatt and Harwood, JJ., concur.
Case 1:07-cv-04511-AKH Document 6-5 Filed 08/07/2007 Page 1 of 2
Case 1:07-cv-04511-AKH Document 6-5 Filed 08/07/2007 Page 2 of 2
National Fire Academy 

Academic Partnerships www.m arist.edu /mpa

NFA course 

number NFA course title

Transfer 

credit 

hours

College/university course

R5201 Exercise of Executive Leadership: Self 3 MPA 684: Leadership, Power, and Influence

R5202 Exercise of Executive Leadership: Organization 3 MPA 530: Organizational Theory and Change

R5203 Exercise of Executive Leadership: Community 3 MPA 501: Politics and Policy
<PAGE>   1

                                                                    EXHIBIT 21.1

                         SUBSIDIARIES OF THE REGISTRANT
<TABLE>
<CAPTION>
                                                                 JURISDICTION OF     PERCENT OF
PARENT                   SUBSIDIARIES                            ORGANIZATION        OWNERSHIP
------                   ------------                            ---------------     ----------
<S>                      <C>                                     <C>                 <C>
Ceres Group, Inc.        Central Reserve Life Insurance          Ohio                   100%
                         Company
                         Ceres Financial Services, Inc.          Ohio                   100%
                         Ceres Administrators, L.L.C.            Delaware               100%
                         Ceres Health Care, Inc.                 Delaware               100%
                         Ceres Net, Inc.                         Delaware               100%
                         Ceres Savers Plan, Inc.                 Delaware               100%
                         Ceres Sales LLC                         Delaware               100%
                         QQLink.com, Inc.                        Delaware               100%
                         Continental General Corporation         Nebraska               100%
                         Western Reserve Administrative
                         Services, Inc.                          Ohio                   100%

Central Reserve Life     Provident American Life & Health        Pennsylvania           100%
Insurance Company        Insurance Company
                         United Benefit Life Insurance           Ohio                   100%
                         Company

Ceres Administrators     Continental Association                 Delaware               100%
LLC                      Management Corp.

Ceres Sales LLC          HealthMark Sales, LLC                   Delaware               100%

Continental General      Continental General Insurance           Nebraska               100%
Corporation              Company
                         Continental Agency Services Inc.        Nebraska               100%
                         Continental Print & Photo Company       Nebraska               100%

QQLink.com, Inc.         QQLink Agency, Inc.                     Delaware               100%
                         QQBiz, Inc.                             Delaware               100%

</TABLE>
solarmax_ex1070.htm

EXHIBIT 10.70
 
Supplemental agreement
 
Party A : Xingren Almaden New Energy Co.,Ltd
Party B: Jiangsu Zhonghong Photovoltaic Electric Co., Ltd
 
Through friendly negotiation, both parties agree to make the following supplementary agreement regarding the project contract of 30MWp agricultural photovoltaic power station project of xinren signed in July 2019 (contract no. : smx-jszh-2019-035) :
 
	1.	The total price of the project is adjusted to 149,928,000.00 yuan, unit price: 4.21895yuan/watt, installation capacity is 35.5368MWp, and the final settlement is based on the actual installation capacity;
	   
	 

	2.	Legal compliance documents concerning the project are adjusted and changed as follows:


   
	No.
	Document name
	Official reply No.
	Official reply entity
	Date of official reply
	Remarks

	1
	Project Investment and Development Agreement
				
	2
	Project Filing Documents
				
	3
	Feasibility study report and review opinion
				
	4
	Solar resource assessment report and review opinion
				
	5
	Access to system report and review opinion
				
	6
	Transmission project approval documents
				
	7
	Land use pre-review documents and official reply on land use
				
	8
	EIA approval (record) document
				
	9
	Water and soil conservation plan and official reply
				
	10
	Project planning site selection document
				
	11
	Construction land planning documents
				


     
	 
	 
	
 
	 


     
	No.
	Document name
	Official reply No.
	Official reply entity
	Date of official reply
	Remarks

	12
	Forest land occupation approval
				
	13
	Covered mineral resources assessment report and review opinions (including material submission certificate)
				
	14
	Geological hazard risk assessment report and review opinion
				
	15
	Safety assessment report and review and official reply
				
	16
	Engineering quality supervision and inspection report
				
	17
	Social stability assessment report
				
	18
	Electricity generation approval 
				
	19
	Environmental impact assessment report
				
	20
	Conservation of water and soil inspection report
				


 
	3.	Spare parts shall be subject to the content in the technical agreement
	 
	 

	4.	This agreement is a supplement to the project contract of 30MWp agricultural photovoltaic power station project of xingren. It also has legal effect. Other matters shall be subject to the original contract.


 
Signed date: September 30, 2019
#### The People of the State of New York, Respondent, v Nathaniel Battle, Appellant.

Judgment of the Supreme Court, Bronx County (Joseph Cerbone, J.), rendered on March 19, 1984, convicting defendant, upon his pleas of guilty, under indictment number 1070/1983, of two counts of robbery in the first degree, robbery in the second degree, two counts of criminal use of a firearm in the first degree and criminal possession of a weapon in the second degree, and under indictment number 2705/1983, of robbery in the first degree, robbery in the second degree and criminal use of a firearm in the first degree, and sentencing him as a persistent violent felony offender to concurrent terms of 10 years to life on each count of both indictments, is modified, on the law, to reverse and vacate the sentences and remand for resentencing, and otherwise affirmed.

Defendant was declared to be a persistent violent felony offender based upon two prior convictions for which he was sentenced, on the same day, to concurrent terms of imprisonment. However, the Legislature did not intend the persistent violent felony law to apply unless each of the two or more predicate violent felony convictions other than the first was for a felony which occurred after sentence had been imposed for the conviction which preceded it *(People v Morse,*62 NY2d 205). Accordingly, as the People concede, the defendant was improperly sentenced as a persistent violent felony offender and we remand for his resentencing as a second violent felony offender. Concur—Sandler, J. P., Ross, Asch, Kassal and Ellerin, JJ.
<TABLE> <S> <C>


<ARTICLE>                     5
<MULTIPLIER>                  1,000
<CURRENCY>                    U.S. Dollars
       
<S>                                            <C>
<PERIOD-TYPE>                 3-MOS
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-START>                                 JAN-01-1999
<PERIOD-END>                                   MAR-31-1999
<EXCHANGE-RATE>                                        1
<CASH>                                         2,300,651
<SECURITIES>                                           0
<RECEIVABLES>                                  5,503,545
<ALLOWANCES>                                     679,163
<INVENTORY>                                    7,308,542
<CURRENT-ASSETS>                              18,761,726
<PP&E>                                        27,046,916
<DEPRECIATION>                                 8,562,106
<TOTAL-ASSETS>                                66,203,882
<CURRENT-LIABILITIES>                          8,078,887
<BONDS>                                       98,543,020 
<PREFERRED-MANDATORY>                         45,684,756
<PREFERRED>                                            0
<COMMON>                                           2,490
<OTHER-SE>                                    98,679,194
<TOTAL-LIABILITY-AND-EQUITY>                  66,203,882
<SALES>                                       10,455,508
<TOTAL-REVENUES>                              10,455,508
<CGS>                                          2,871,220
<TOTAL-COSTS>                                  2,871,220
<OTHER-EXPENSES>                              11,023,525
<LOSS-PROVISION>                                       0
<INTEREST-EXPENSE>                             3,866,372
<INCOME-PRETAX>                               (6,970,021)
<INCOME-TAX>                                           0
<INCOME-CONTINUING>                           (6,970,021)
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                  (6,970,021)
<EPS-PRIMARY>                                          0
<EPS-DILUTED>                                          0
        


</TABLE>
Case 1:07-cv-04511-AKH     Document 15      Filed 09/05/2007     Page 1 of 1
Unassociated Document


    
       

      
        	
                

              	


      

    

     

     

     

    


    PERFECTENERGY
INTERNATIONAL LIMITED 

    SALARY
ADJUSTMENT LETTER

    


     April
7, 2010

     

    Dear Mr.
Edward Zhuang,

     

    We’re
pleased to inform you that with effective from November 2009, your base salary
has been adjusted to RMB53,000 per month.

    


    In
addition to that, you’ll received a discretional bonus compensation arrangement
for the current fiscal year. which ends October 31, 2010, which will be a portion of an aggregate 10% of any net
profits realized by the Company during its current fiscal year, with a minimum
guaranteed aggregate bonus payment of US$75,000.

    


    Thanks
for your contribution to the Company.
NUMBER 13

- 1 4

- 00 435

- CR



### COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

- EDINBURG

____________________________________________________________

SHAWNA ATCHLEY

, Appellant,

v.

THE STATE OF TEXAS, Appellee.

____________________________________________________________

On a ppeal from the 3 47 th District Court

of Nueces County, Texas.

____________________________________________________________



### MEMORANDUM OPINION

Before Justices Rodriguez , Benavides, and P erkes

Memorandum Opinion Per Curiam

Appellant, Shawna Atchley , by and through h er attorney, has filed a motion to

dismiss h er appeal because s he no longer desires to prosecute it. See T EX

. R. A PP

. P

.

42.2(a). Without passing on the merits of the case, we grant the motion to dismiss

pursuant to Texas Rule of Appellate Procedure 42.2(a) and dismiss the appeal. Having2

dismissed the appeal at appellant's request, no motion for rehearing will be enterta ined,

and our mandate will issue forthwith.

PER CURIAM

Do not publish. See T EX

. R. A PP

. P . 47.2(b).

D elivered and filed the 11 th

day of September, 2014

.
<PAGE>

                                                                    Exhibit 99.2

                            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 of Lawrence Financial Holdings, Inc.
(the "Company") on Form 10-KSB for the period ending December 31, 2002 as filed
with the Securities and Exchange Commission(the "report), I, Jack Blair, Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C.ss.1350, as
adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2002, that:

      1. The report fully complies with the requirement of Section 13(a) or
15(d) of the Securities and 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/ Jack L. Blair
                             -----------------------
                             Chief Executive Officer
                                  Jack L. Blair
                                 March 14, 2003
-54-

                                                                      Exhibit 23

The Board of Directors
JLG Industries, Inc.
McConnellsburg, PA 17233

We consent to the incorporation by reference in the Registration Statements on
Form S-8, No. 33-60366, No. 33-61333, No. 33-75746, No. 333-71428, No.
333-71430; and No. 333-71432 of our report dated September 16, 2002, relating to
the audited consolidated financial statements of JLG Industries, Inc. included
in the Annual Report (Form 10-K) for the year ended July 31, 2002.


                                                   /s/ Ernst & Young LLP

Baltimore, Maryland
October 2, 2002
----

**EXHIBIT      32-2**

**CERTIFICATE      OF CHIEF FINANCIAL OFFICER**

**PURSUANT      TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C.      1350)**

|   | 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/                 Harel Goldstein            |   |
|-----------------------------------------------------|--------|
|                                                |   |
| Harel                Goldstein                      |
| Director                and Chief Financial Officer |
| November                16, 2006                    |

----