alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 99-20072

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

GLYNN MICHAEL KIRKLAND,

Defendant-Appellant.

--------------------

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-97-CR-256-1

--------------------

December 9, 1999

Before POLITZ, WIENER, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Defendant-Appellant Glynn Michael Kirkland appeals his

conviction following a jury trial on two counts of possession of a

firearm by a convicted felon arising out of the purchase of a

shotgun while he was employed as a sales manager at a used car

dealership. Kirkland concedes that his counsel failed to renew his

motion for judgment of acquittal, and thus, our review is limited

to determining whether there was a manifest miscarriage of justice.

See United States v. Galvan, 949 F.2d 777, 783 (5th Cir. 1991).

Such a miscarriage occurs only when the record is devoid of
2

evidence to support the verdict or when the evidence is so tenuous

with respect to a key element of the offense that a conviction

would be shocking. See id. 

With respect to the first count, the evidence was

uncontradicted that Kirkland decided to purchase the shotgun,

provided the funds for it, transported it in his vehicle, and had

access to it. Viewing the evidence in the light most favorable to

the Government, see id. at 782-83, we cannot say that the record is

devoid of evidence of Kirkland’s intent or that the evidence of

guilt was so tenuous as to render a guilty verdict shocking. 

We also reject Kirkland’s contention that the variance between

the date alleged in the indictment and the evidence adduced at

trial is fatal to his conviction. The time an offense is committed

is not an essential element of the offense, and the Government need

not prove the exact date. See United States v. Bowman, 783 F.2d

1192, 1197 (5th Cir. 1986). The record is not devoid of evidence

that the offense occurred in October as alleged in the indictment.

Further, a four or five month discrepancy is not unreasonable. See

id. Any confusion regarding the precise date does not alter the

fact that both the Donaldsons testified that Kirkland retrieved the

shotgun and Mrs. Donaldson saw him drive away with it in his car.

 For the foregoing reasons, we affirm the judgment of the

district court.

AFFIRMED.
Case 1:07-cv-01654-AKH Document 9 Filed 01/07/2008 Page 1 of 9Case 1:07-cv-01654-AKH Document 9 Filed 01/07/2008 Page 2 of 9Case 1:07-cv-01654-AKH Document 9 Filed 01/07/2008 Page 3 of 9Case 1:07-cv-01654-AKH Document 9 Filed 01/07/2008 Page 4 of 9Case 1:07-cv-01654-AKH Document 9 Filed 01/07/2008 Page 5 of 9Case 1:07-cv-01654-AKH Document 9 Filed 01/07/2008 Page 6 of 9Case 1:07-cv-01654-AKH Document 9 Filed 01/07/2008 Page 7 of 9Case 1:07-cv-01654-AKH Document 9 Filed 01/07/2008 Page 8 of 9Case 1:07-cv-01654-AKH Document 9 Filed 01/07/2008 Page 9 of 9
Case 1:07-cv-05364-AKH Document 13 Filed 04/01/2008 Page 1 of 3Case 1:07-cv-05364-AKH Document 13 Filed 04/01/2008 Page 2 of 3Case 1:07-cv-05364-AKH Document 13 Filed 04/01/2008 Page 3 of 3
<PAGE>

                                                                   Exhibit 20.1


        ANNUAL AGGREGATE CERTIFICATEHOLDERS STATEMENT
        MELLON BANK PREMIUM FINANCE LOAN MASTER TRUST SERIES 2001-1
        ANNUAL PERIOD ENDING
        DECEMBER 31, 2001


ANNUAL HOLDER'S DISTRIBUTION SUMMARY

Pursuant to Section 5.2, Servicer does herby declare to the Trustee the
following distributions for the calendar year 2001 as set forth below:

Interest Payments

A.  Pursuant to subsection 4.11(g);

    1.   Amount distributed to the Class A Holders                 9,313,250.00

    2.   Amount distributed to the Class B Holders                   444,833.33

    3.   Amount distributed to the Collateral Interest Holder        699,335.34

Principal Payments

B.  Pursuant to subsection 4.11(h)(i);

    1.   Amount distributed to the Class A Holders                        $0.00

    2.   Amount distributed to the Class B Holders                        $0.00

    3.   Amount distributed to the Collateral Interest Holder             $0.00



                                     AFCO CREDIT CORPORATION, as Servicer


                                     By  /s/ C. Leonard O'Connell
                                        -------------------------------------
                                        Name:  C. Leonard O'Connell
Dated March 15, 2002                    Title: Senior Vice President &
                                               Chief Financial Officer
3056877.1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

--------------------------------------------------------------X

IN RE: WORLD TRADE CENTER LOWER

MANHATTAN DISASTER SITE

LITIGATION

-------------------------------------------------------------

:

:

:

:

:

Docket No.:

21 MC 102 (AKH)

THOMAS COSTELLO and TERRI COSTELLO,

Plaintiffs,

- against -

WESTON SOLUTIONS, INC., et al,

Defendants.

:

:

:

:

:

:

:

:

:

:

:

Case No.:

07-CV-05345-AKH

NOTICE OF APPEARANCE

BY DEFENDANT

WESTON SOLUTIONS, INC.

-----------------------------------------------------------------X

To the Clerk of this Court and All Parties of Record:

PLEASE TAKE NOTICE that Defendant WESTON SOLUTIONS, INC. (“Weston”), by

and through its attorneys, WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP,

hereby appears in the above-entitled action, and that all pleadings and papers in this action be

served upon the undersigned at the office and address stated below. The undersigned certifies

that he is admitted to practice before this Court.

PLEASE TAKE FURTHER NOTICE that Weston has previously appeared and served

its notice of adoption of answer in the Master Docket 21 MC 102, and files this notice merely for

the purposes of receiving CM/ECF notifications.

Case 1:07-cv-05345-AKH Document 16 Filed 12/11/2007 Page 1 of 2
2

3056877.1

Dated: New York, New York

December 11, 2007

Yours etc.,

WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP

By: _/s/ Jason Harrington_____

Jason Harrington (JH7273)

Attorneys for Defendant

Weston Solutions, Inc.

150 E 42

nd

Street

New York, NY 10017

(212) 490-3000 (p)

(212) 490-3038 (f)

To: All parties via ECF

Case 1:07-cv-05345-AKH Document 16 Filed 12/11/2007 Page 2 of 2
h L, IN THE SUPREME C URT OF THE STATE OF MONTANA PR 22-0005

IN RE THE MOTION OF PATRICK A. CLERKIN FOR ADMISSION TO THE BAR OF THE STATE OF MONTANA 

# FILED MAR 2 2 2022 Bowen Cireenvvood Clerk of Supreme Court State of Montana ORDER

Patrick A. Clerkin has filed a motion for admission to the Bar of the State of Montana pursuant to Rule V ofthe Rules for Admission, Admission on Motion. The Bar Admissions Administrator of the State Bar ofMontana has informed the Court that the Commission on Character and Fitnesshascertified that Clerkin hasprovided the necessary documentation and has satisfied the requirements prerequisite to admission on motion under Rule V. Therefore, IT IS HEREBY ORDERED that upon payment of any application fees and completion of any other processing requirements as set forth by the Bar Admissions Administrator, Patrick A. Clerkin may be sworn in to the practice oflaw in the State of Montana. Arrangements forswearing in maybemadeby contactingtheoffice oftheClerk ofthe Montana Supreme Court. The Clerk is directed to provide copies ofthis order to Petitioner and to the State Bar ofMontana. DATED this day of March, 2022.

ChiefJustice 03/22/2022

Case Number: PR 22-0005L.--4 .11 /j tdA

, 494 ,111 JUL.

Justices
[Exhibit 32.1]

CERTIFICATION OF CHIEF EXECUTIVE OFFICER 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 Med
Gen, Inc. (the "Company") for the quarter ended December 31, 2005
as filed with the Securities and Exchange Commission on the date
hereof (the "Report"), the undersigned, Paul B. Kravitz, Chief
Executive Officer of the Company, hereby certifies, pursuant to
18 U.S.C. Section 1350, that:

    (1)  the Report fully complies with the requirements of Section 13(a)
         or 15(d) of the Securities Exchange Act of 1934, as amended; and

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

Date: February 8, 2006

                                       /s/ PAUL B. KRAVITZ
                                       ---------------------------
                                       Paul B. Kravitz
                                       Chief Executive Officer
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 Freedom Resources Enterprises, Inc. (the Company) on Form 10-QSB for the period ended June 30, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Neil Christiansen, Chief Executive Officer and 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.









Date: August 8, 2003

/s/Neil Christiansen

Neil Christiansen

Chief Executive Officer

Chief Financial Officer
[Federal Register Volume 66, Number 85 (Wednesday, May 2, 2001)]
[Notices]
[Page 22054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10956]


=======================================================================
-----------------------------------------------------------------------

OVERSEAS PRIVATE INVESTMENT CORPORATION


Submission for OMB review; Comment Request

AGENCY: Overseas Private Investment Corporation.

ACTION: Request for Comments.

-----------------------------------------------------------------------

SUMMARY: Under the provisions of the Paperwork Reduction Act (44 U.S.C. 
Chapter 35), agencies are required to publish a Notice in the Federal 
Register notifying the public that the Agency is preparing an 
information collection request for OMB review and approval and to 
request public review and comment on the submission. Comments are being 
solicited on the need for the information, its practical utility, the 
accuracy of the Agency's burden estimate, and on ways to minimize the 
reporting burden, including automated collection techniques and uses of 
other forms of technology. The proposed form under review is summarized 
below.

DATES: Comments msut be received on or before July 2, 2001.

ADDRESSES: Copies of the subject form and the request for review 
prepared for submission to OMB may be obtained from the Agency 
Submitting Officer. Comments on the form should be submitted to the 
Agency Submitting Officer.

FOR FURTHER INFORMATION CONTACT: OPIC Agency Submitting Officer: Carol 
Brock, Records Manager, Overseas Private Investment Corporation, 1100 
New York Avenue, NW., Washington, DC 20527; 202/336-8563.

Summary of Form Under Review

    Type of Request: Form Renewal.
    Title: Request for Registration for Political Risk Investment 
Insurance.
    Form Number: OPIC-50.
    Frequency of USE: Once per investor, per project.
    Type of Respondents: Business or other institutions.
    Standard Industrial Classification Codes: All.
    Description of Affected Public: U.S. companies investing overseas.
    Reporting Hours: \1/2\ hour per project.
    Number of Responses: 850 per year.
    Federal Cost: $1,600 per year.
    Authority for Information Collection: Sections 231 and 234(a) of 
the Foreign Assistance Act of 1961, as amended.
    Abstract (Needs and Uses): The OPIC 50 form is submitted by 
eligible investors to register their intent to make international 
investments, and ultimately, to seek OPIC insurance. By submitting Form 
50 to OPIC prior to making an irrevocable commitment, the incentive 
effect of OPIC is demonstrated.

    Dated: April 27, 2001.
Rumu Sarkar,
Assistant General Counsel, Administrative Affairs, Department of Legal 
Affairs.
[FR Doc. 01-10956 Filed 5-1-01; 8:45 am]
BILLING CODE 3210--1-M
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Small Business Administration

          - [Applicant No. 99000444] 

Notice is hereby given that First Capital Group of Texas III, L.P., 750 E. Mulberry, Suite 305, San Antonio, Texas 78212, an applicant for a Federal License under the Small Business Investment Act of 1958, as amended (“the Act”), in connection with the financing of a small concern, has sought an exemption under section 312 of the Act and section 107.730, Financings which Constitute Conflicts of Interest of the Small Business Administration (“SBA”) rules and regulations (13 CFR 107.730 (2000)). First Capital Group of Texas III, L.P. proposes to provide equity/debt security financing to BEI Group, Inc.,1051 East Nakoma, San Antonio, Texas 78216. The financing is contemplated for the purpose of providing working capital. 

The financing is brought within the purview of Sec. 107.730(a)(1) of the Regulations because First Capital Group of Texas II, L.P., an Associate of First Capital Group of Texas III, L.P., currently owns greater than 10 percent of BEI Group, Inc. and therefore BEI Group, Inc. is considered an Associate of First Capital Group of Texas III, L.P. as defined in Sec. 107.50 of the SBA Regulations. 

Notice is hereby given that any interested person may submit written comments on the transaction to the Associate Administrator for Investment, U.S. Small Business Administration, 409 Third Street, SW, Washington, DC 20416. 

Dated: April 27, 2001.

Harry Haskins,

Acting Associate Administrator for Investment.

[FR Doc. 01-11540 Filed 5-7-01; 8:45 am] 

BILLING CODE 8025-01-P
Exhibit
10.4


 


LIV
Capital Acquisition Corp.


c/o
Torre Virreyes, Pedregal No. 24, Piso 6-601

Col. Molino del Rey México, CDMX, C.P. 11040



 


December
10, 2019


 


Ladies
and Gentlemen:


 


This
letter will confirm our agreement that, commencing on the effective date (the “Effective Date”) of the
registration statement (the “Registration Statement”) for the initial public offering (the “IPO”)
of the securities of LIV Capital Acquisition Corp. (the “Company”) and continuing until the earlier
of (i) the consummation by the Company of an initial business combination and (ii) the Company’s liquidation (in each case
as described in the Registration Statement) (such earlier date hereinafter referred to as the “Termination Date”),
LIV Capital Acquisition Sponsor, L.P. shall make available to the Company certain office space and administrative and support
services as may be required by the Company from time to time, at Torre Virreyes, Pedregal No. 24, Piso 6-601, Col. Molino del
Rey México, CDMX, C.P. 11040. In exchange therefore, the Company shall pay LIV Capital Acquisition Sponsor, L.P. $10,000
per month on the Effective Date and continuing monthly thereafter until the Termination Date.


 


LIV
Capital Acquisition Sponsor, L.P. hereby agrees that it does not have any right, title, interest or claim of any kind in or to
any monies that may be set aside in a trust account (the “Trust Account”) that may be established upon
the consummation of the IPO and will not seek recourse against the Trust Account for any reason whatsoever.


 


This
agreement may not be amended, modified or waived as to any particular provision, except by a written instrument executed by the
parties hereto.


 


No
party hereto may assign this agreement or any rights, interests or contracted obligations hereunder without the prior written
approval of the other party. Any purported assignment in violation of this paragraph shall be void and ineffectual and shall not
operate to transfer or assign any interest or title to the purported assignee.


 


This
agreement shall be governed by, construed in accordance with, and interpreted pursuant to the laws of the State of New York, without
giving effect to its choice of law principles.


 





	 	Very
    truly yours,
	 	 
	 	LIV
    Capital Acquisition Corp.
	 	 
	 	By:	/s/
    Alexander R. Rossi
	 	 	Name: Alexander
    R. Rossi
	 	 	Title:   Chief
    Executive Officer and Chairman


 






     


     


    

 


AGREED
TO AND ACCEPTED BY:


 


	LIV
    Capital Acquisition Sponsor, L.P.	 
	 	 
	 	Acting
    by LIV GP Master, S.A.P.I. de C.V., its General Partner	 
	 	 	 
	By:	/s/
    Humberto Zesati	 
	 	Name:
     Humberto     Zesati	 
	 	Title:
       Managing     Director	 


 




 


[Signature page to
Administrative Services Agreement]
[Federal Register Volume 66, Number 90 (Wednesday, May 9, 2001)]
[Notices]
[Page 23692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11656]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER01-1496-000]


Sundance Energy; Notice of Issuance of Order

May 3, 2001.
    Sundance Energy (Sundance) submitted for filing a rate schedule 
under which Sundance will engage in wholesale electric power and energy 
transactions at market-based rates. Sundance also requested waiver of 
various Commission regulations. In particular, Sundance requested that 
the Commission grant blanket approval under 18 CFR Part 34 of all 
future issuances of securities and assumptions of liability by 
Sundance.
    On April 13, 2001, pursuant to delegated authority, the Director, 
Division of Corporate Applications, Office of Markets, Tariffs and 
Rates, granted requests for blanket approval under Part 34, subject to 
the following:
    Within thirty days of the date of the order, any person desiring to 
be heard or to protest the blanket approval of issuances of securities 
or assumptions of liability by Sundance should file a motion to 
intervene or protest with the Federal Energy Regulatory Commission, 888 
First Street, NE., Washington, DC 20426, in accordance with Rules 211 
and 214 of the Commission's Rules of Practice and Procedure (18 CFR 
385.211 and 385.214).
    Absent a request to be heard in opposition within this period, 
Sundance is authorized to issue securities and assume obligations or 
liabilities as a guarantor, indorser, surety, or otherwise in respect 
of any security of another person; provided that such issuance or 
assumption is for some lawful object within the corporate purposes of 
the applicant, and compatible with the public interest, and is 
reasonably necessary or appropriate for such purposes.
    The Commission reserves the right to require a further showing that 
neither public nor private interests will be adversely affected by 
continued approval of Sundance's issuances of securities or assumptions 
of liability.
    Notice is hereby given that the deadline for filing motions to 
intervene or protests, as set forth above, is May 14, 2001.
    Copies of the full text of the Order are available from the 
Commission's Public Reference Branch, 888 First Street, NE., 
Washington, DC 20426. The Order may also be viewed on the Internet at 
http://www.ferc.fed.us/online/rims.htm (call 202-208-2222 for 
assistance). Comments, protests, and interventions may be filed 
electronically via the internet in lieu of paper. See, 18 CFR 
385.2001(a)(1)(iii) and the instructions on the Commission's web site 
at http://www.ferc.fed.us/efi/doorbell.htm.

David P. Boergers,
Secretary.
[FR Doc. 01-11656 Filed 5-8-01; 8:45 am]
BILLING CODE 6717-01-M
##### 



EXHIBIT 32.2 Certification of Chief Financial Officer of Hypercom Corporation
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002 I certify that: (i) the Quarterly Report on Form 10-Q for the period ended
September 30, 2004 of Hypercom Corporation (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
Hypercom Corporation. By: /s/ John W. SmolakJohn W. SmolakChief Financial OfficerNovember 9, 2004
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

GREEN TREE SERVICING, LLC,

Appellant,

v.

GLORIA GOINS,

Appellee.

No. 4D14-4722

[June 1, 2016]

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. 

Lucie County; William L. Roby, Judge; L.T. Case No. 562010CA003786.

Kimberly N. Hopkins, Ronald M. Gaché and Ileen J. Cantor of Shapiro, 

Fishman & Gaché, LLP, Tampa, for appellant.

Justin S. Orosz of The Ticktin Law Group, P.A., Deerfield Beach, for 

appellee.

PER CURIAM.

The appellant, Green Tree Servicing, appeals a final judgment in favor 

of the homeowner, in which the court concluded that strict compliance 

with the notice of default provisions in paragraph twenty-two of the 

mortgage was necessary. Specifically, the court found that because the 

notice provided by Green Tree failed to use the exact language contained 

in that paragraph, Green Tree had failed to comply with a condition 

precedent. In Lopez v. JPMorgan Chase Bank, 187 So. 3d 343, 345 (Fla. 

4th DCA 2016), decided after the final judgment in this case, we held that 

“a notice of default need only substantially comply with a mortgage’s 

condition precedent.” Lopez considered a notice of default with the 

identical language as the notice sent in this case and held that it 

substantially complied with paragraph twenty-two, thus satisfying the 

condition precedent to foreclosure under the mortgage. Consistent with 

Lopez, we reverse the final judgment and remand for further proceedings.

CIKLIN, C.J., WARNER and GERBER, JJ., concur.
2

* * *

Not final until disposition of timely filed motion for rehearing.