alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
CIRCUIT COURT OF FAIRFAX COUNTY

#### Philip M. Stinson, Sr. v. Charles R. McCarthy, Jr.

November 1, 1991

Case No. (Law) 102244

By JUDGE THOMAS J. MIDDLETON

This case came to be heard on defendant’s demurrer to plaintiff’s Motion for Judgment. The Motion for Judgment alleges as its sole count an actionable use of insulting words under Va. Code § 8.01*45. Defendant demurs to the Motion for Judgment on the grounds that it fails to state a claim upon which relief can be granted. Because the Motion for Judgment sufficiently states a cause of action under the insulting words statute, the demurrer is overruled.

In support of his demurrer, defendant states three grounds: (1) that the statements were protected as statements of opinion; (2) that the statements were privileged; and (3) that no injury has been alleged.

The first two grounds address the merits of the case, not the sufficiency of the pleading, and are not proper grounds for demurrer for failure to state a claim. The failure to allege injury, while testing the sufficiency of the pleading, is not demurrable in an action under Ya. Code § 8.01-45. The law presumes that damages result from the utterance of insulting words, made actionable by the statute, and it is not necessary in order to recover *408to prove actual or pecuniary loss. *Weatherford*v. *Birchett,*158 Va. 741, 164 S.E. 535 (1932).

Va. Code § 8.01-45 states: "AH words shall be actionable which from their usual construction and common acceptance are construed as insults and tend to violence and breach of the peace."

Case law has provided guidelines for just what is a sufficient pleading under this statute. If a plaintiff proceeds under the insulting words statute, he must in his motion for judgment aver "that the words, from their usual construction and common acceptation, are construed as insults, and tend to violence and breach of peace, or else employ some other equivalent averment to denote that the words are actionable under the statute." *Moss v. Howard,*102 Va. 386, 391 (1904) *(citing Hogan*v. Wilmoth, 57 Va. (16 Gratt.) 80, 85 (1860). To state correctly a good cause of action for insulting words, the exact words charged to have been used by the defendant must be alleged. *Federal Land Bank*v. *Birchfield,*173 Va. 200, 215 (1939). *See also*Judge Jamborsky’s and Judge Griffith’s opinions in *Cerick*v. *Central Fidelity*Bank, 19 Va. Cir. 1, 2 (Cir. Ct. Fairfax County 1989) (sustaining a demurrer where plaintiff failed to allege the exact words spoken).

Plaintiff alleges at paragraph 11 of his Motion for Judgment:

> These words are actionable under 8.01-45 of the Code of Virginia since - from their usual construction and common acceptance - they are construed as insults and tend to violence and breach of the peace.

Further, at paragraph 6, plaintiff identifies the exact words used by the defendant.

Since the Motion for Judgment identifies the exact words spoken and comports almost verbatim with the mandate of *Moss*v. *Howard,*defendant has sufficiently stated a cause of action under Vá. Code § 8.01-45. The demurrer is overruled.
No. 612.

#### Manus Muller & Co., Inc., *v.*Commissioner of Internal Revenue.

January 6, 1936.

*Messrs. Wilbur H. Friedman*and *Joseph M. Proskauer*for petitioner.

*Solicitor General Reed, Assistant Attorney General Wideman,*and *Messrs. Sewall Key*and *John MacC. Hudson*for respondent.

Petition for writ of certiorari to the Circuit Court of Appeals fob the Second Circuit denied.
Exhibit 31-1
 CERTIFICATION PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
      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 Registrant, 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)
    
    designed such internal control over financial reporting, or caused such internal
control over financial reporting to be designed under our supervision, to provide
reasonable assurance regarding the reliability of financial reporting and the preparation
of financial statements for external purposes in accordance with generally accepted
accounting principles;
 c)
    
    evaluated the effectiveness of the Registrant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
 d)
    
    disclosed in this Report any change in the Registrants internal control over
financial reporting that occurred during the Registrants most recent fiscal quarter (the
Registrants fourth fiscal quarter in the case of an annual report) that has materially
affected, or is reasonably likely to materially affect, the Registrants internal control
over financial reporting; and
  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 Registrant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 Registrants internal control over financial reporting.
 Date: September 24, 2010
    
    By:
    
    /s/ Roy A. Bauer

Roy A. Bauer, CEO, President and Director
#### UNITED STATES of America, Plaintiff-Appellee, v. Roman Wayne ENCINAS, Defendant-Appellant.

No. 09-30420.

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 13, 2010.*

Filed Oct. 12, 2010.

Lori Anne Harper Suek, Assistant U.S., USBI — Office of the U.S. Attorney, Billings, MT, for Plaintiff-Appellee.

Evangelo Arvanetes, Assistant Federal Public Defender, FDMT — Federal Defenders of Montana, Great Falls, MT, for Defendant-Appellant.

Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Roman Wayne Encinas appeals from the 110-month sentence imposed following his guilty-plea conviction for conspiracy to distribute methamphetamine, in violation of 21 U.S.C. § 846. Pursuant to *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Enemas’ counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided the appellant with the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Our independent review of the record pursuant to *Penson v. Ohio,*488 U.S. 75, 80-81, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief as to Encinas’ conviction. We dismiss the appeal of the sentence in light of the valid appeal waiver. *See United States v. Nguyen,*235 F.3d 1179, 1182 (9th Cir.2000).

Counsel’s motion to withdraw is GRANTED.

The conviction is AFFIRMED, and the appeal of the sentence is DISMISSED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
#### Frank D. Maki, Appellant, v Bassett Healthcare et al., Respondents.

Submitted November 14, 2011;

decided January 10, 2012

Reported below, 85 AD3d 1366.

Motion, insofar as it seeks leave to appeal from that part of the Appellate Division order that affirmed the portion of the Supreme Court order granting respondents’ motion for summary judgment and dismissing the complaint, denied; motion for leave to appeal otherwise dismissed upon the ground that the remaining part of the Appellate Division order does not finally determine the action within the meaning of the Constitution.
| 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. |
|----------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   By: |   /s/ Tee Kai Shen                                               |
|-----------------|----------------------------------------------------------------------------|
|  Name:     |  Tee Kai Shen                                                         |
|  Title:    |  Principal Executive Officer,Principal Financial Officer and Director |
|  Date:     |  December 17, 2010                                                    |
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.                  

###### Federal Reserve System

                    The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y (12 CFR Part 225) to engage                     *de novo*, or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies.  Unless otherwise noted, these activities will be conducted throughout the United States.                

Each notice is available for inspection at the Federal Reserve Bank indicated.  The notice also will be available for inspection at the offices of the Board of Governors.  Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act.  Additional information on all bank holding companies may be obtained from the National Information Center website at www.ffiec.gov/​nic/​.

Unless otherwise noted, comments regarding the applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than June 22, 2001.

**A.  Federal Reserve Bank of Boston**                     (Richard Walker, Community Affairs Officer) 600 Atlantic Avenue, Boston, Massachusetts 02106-2204:                

*1.  Camden National Corporation*, Camden, Maine; to acquire Acadia Trust, National Association, Portland, Maine, and thereby engage in trust company activities, pursuant to § 225.28(b)(5) of Regulation Y, and Gouws Capital Management, Inc., Portland, Maine, and thereby engage in investment advisory services, pursuant to § 225.28(b)(6) of Regulation Y.                

Board of Governors of the Federal Reserve System, June 4, 2001.

Robert deV. Frierson

Associate Secretary of the Board.

[FR Doc. 01-14366 Filed 6-6-01; 8:45 am]

BILLING CODE 6210-01-S
```

[Federal Register: August 31, 1998 (Volume 63, Number 168)]
[Notices]
[Page 46219-46220]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31au98-42]

-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meeting

TIME AND DATE: 2:00 p.m., Monday, September 14, 1998.

PLACE: 1155 21st St., N.W., Washington, D.C., 9th Floor Conference
Room.

STATUS: Closed.

MATTERS TO BE CONSIDERED: Adjudicatory Matters.


[[Page 46220]]


CONTACT PERSON FOR MORE INFORMATION: Jean A. Webb, 202-418-5100.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 98-23434 Filed 8-27-98; 11:52 am]
BILLING CODE 6351-01-M
```

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**======== RETURN    TO INDEX ========**

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```

[Federal Register: March 16, 2006 (Volume 71, Number 51)]
[Notices]
[Page 13587]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16mr06-33]

=======================================================================
-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meeting Notice

Agency Holding the Meeting: Commodity Futures Trading Commission.

Time and Date: 11 a.m., Friday, April 7, 2006.

Place: 1155 21st St., NW., Washington, DC, 9th Floor Commission
Conference Room.

Status: Closed.

Matters to be Considered: Surveillance matters.

Contact Person for More Information: Jean A. Webb, 202-418-5100.

Jean A. Webb,
Secretary of the Commission.
[FR Doc. 06-2612 Filed 3-14-06; 1:18 pm]

BILLING CODE 6351-01-M
```
#### Lucas Noel DEFRANTZE, Petitioner-Appellant, v. John MCGINNESS, Respondent-Appellee.

No. 09-15407.

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 13, 2010.*

Filed Oct. 13, 2010.

DeFrantze Lucas Noel, Coalinga, CA, pro se.

Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.

*

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

MEMORANDUM **

California state prisoner Lucas Noel De-Frantze appeals pro se from the district court’s judgment dismissing his 28 U.S.C. § 2254 habeas petition for failure to state a cognizable federal claim. We have jurisdiction under 28 U.S.C. § 2253, and we affirm.

In his habeas petition, DeFrantze alleges that the state court’s dismissal of his appeal challenging a civil preliminary injunction based on his failure to comply with a state court procedural rule violated his due process rights. This claim is not cognizable on federal habeas review because DeFrantze is not challenging his conviction or sentence and he relies on a purported error of state law. *See*28 U.S.C. § 2254(a); *Estelle v. McGuire,*502 U.S. 62, 67-68, 112 S.Ct. 475, 116 L.Ed.2d 385 (1991). Therefore, the district court properly dismissed DeFrantze’s habeas petition for failure to state a federally cognizable claim.

We deny DeFrantze’s requests for leave to enlarge the court record and for appointment of counsel.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Exhibit (g)(9)

APPENDIX A

TO

CUSTODIAN AGREEMENT

BETWEEN

JPMORGAN CHASE BANK, N.A.

AND

EACH OF THE INVESTMENT COMPANIES

DATED AS OF November 20, 2013
**Supplement to the**

**Fidelity**®**Series Emerging Markets Fund (FEMSX), Fidelity Series International Growth Fund (FIGSX),**
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 15-2191

DAYYAN ATTA BEY EX REL DERICK SEALEY,

Plaintiff - Appellant,

v.

REX A. DAVIS,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Newport News. Mark S. Davis, District 

Judge. (4:15-cv-00087-MSD-LRL)

Submitted: February 23, 2016 Decided: February 25, 2016

Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior 

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Dayyan Atta Bey ex rel Derick Sealey, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Dayyan Atta Bey ex rel Derick Sealey appeals the district 

court’s order dismissing his 42 U.S.C. § 1983 (2012) complaint 

under 28 U.S.C. § 1915(e)(2)(B) (2012). We have reviewed the 

record and find no reversible error. Accordingly, we affirm for 

the reasons stated by the district court. Bey v. Davis, No. 

4:15-cv-00087-MSD-LRL (E.D. Va. Sept. 8, 2015). We dispense 

with oral argument because the facts and legal contentions are 

adequately presented in the materials before this court and 

argument would not aid the decisional process.

AFFIRMED
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

MEMORANDUM ORDER

Appellate case name: Jacob Rhodes v. The State of Texas

Appellate case number: 01-15-00810-CR

Trial court case number: 1979692

Trial court: Co Crim Ct at Law No 4 of Harris County

A jury convicted appellant of the misdemeanor offense of unlawfully carrying a weapon

and appellant timely appealed. The clerk’s record has been filed. The reporter’s record was 

originally due on November 2, 2015. We were advised by the court reporter on December 18, 

2015, that appellant had not made arrangements to pay for the reporter’s record. Appellant was 

notified on December 18, 2015 of nonpayment for the reporter’s record, and that, unless 

appellant responded by January 19, 2016, we would consider the appeal on the briefs without the 

benefit of a reporter’s record. No response was filed.

The clerk’s record reflects that the trial court determined appellant was not indigent. In 

addition, the record reflects that appellant retained counsel to represent him in the trial court. We 

may consider an appeal without a reporter’s record if a reporter’s record is not filed because an 

appellant, who is not indigent, fails to request and pay the fee for preparation of a reporter’s 

record. TEX. R. APP. P. 37.3(c).

Accordingly, this appeal will be considered without a reporter’s record unless the 

reporter’s record is filed within 14 days of the date of this order, or unless by that date 

appellant provides this Court with proof that he has paid, or made arrangements to pay, the court 

reporter for preparation of the record. No further extensions of time to file the reporter’s record 

will be granted. If no reporter’s record or proof of payment arrangements is filed within 14 days 

of the date of this order, appellant’s brief will be due 30 days from the date of this order.

It is so ORDERED.

Judge’s signature: /s/ Harvey Brown

 Acting individually 

Date: February 2, 2016
[Federal Register Volume 66, Number 113 (Tuesday, June 12, 2001)]
[Notices]
[Page 31719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14711]


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

OFFICE OF PERSONNEL MANAGEMENT


Submission for OMB Review; Comment Request for Reclearance of a 
Revised Information Collection: SF 2802 and SF 2802B

AGENCY: Office of Personnel Management.

ACTION: Notice.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (Public 
Law 104-13, May 22, 1995), this notice announces that the Office of 
Personnel Management (OPM) has submitted to the Office of Management 
and Budget (OMB) a request for reclearance of a revised information 
collection. SF 2802, Application for Refund of Retirement Deductions 
(Civil Service Retirement System), is used to support the payment of 
monies from the Retirement Fund. It identifies the applicant for refund 
of retirement contributions. SF 2802B, Current/Former Spouse's 
Notification of Application for Refund of Retirement Deductions, is 
used to comply with the legal requirement that any spouse or former 
spouse of the applicant has been notified that the former employee is 
applying for a refund.
    Approximately 32,100 SF 2802 forms are completed annually. We 
estimate it takes approximately 45 minutes to complete the form. The 
annual burden is 24,075 hours. Approximately 28,890 SF 2802B forms are 
processed annually. We estimate it takes approximately 15 minutes to 
complete this form. The annual burden is 7,223 hours. The total annual 
burden is 31,298 hours.
    For copies of this proposal, contact Mary Beth Smith-Toomey on 
(202) 606-8358, or email to <a href="/cdn-cgi/l/email-protection#c4a9a6b0ababa9a1bd84abb4a9eaa3abb2"><span class="__cf_email__" data-cfemail="38555a4c5757555d4178574855165f574e">[email protected]</span></a>.

DATES: Comments on this proposal should be received on or before July 
12, 2001.

ADDRESSES: Send or deliver comments to--

Ronald W. Melton, Chief, Operations Support Division, Retirement and 
Insurance Service, U.S. Office of Personnel Management, 1900 E Street, 
NW, Room 3349A, Washington, DC 20415-3540, and
Joseph Lackey, OPM Desk Officer, Office of Information & Regulatory 
Affairs, Office of Management and Budget, New Executive Office 
Building, NW., Room 10235, Washington, DC 20503.

    For Information Regarding Administrative Coordination-- Contact: 
Donna G. Lease, Team Leader, Budget and Administrative Services 
Division, Forms Analysis and Design, (202) 606-0623.

U.S. Office of Personnel Management.
Steven R. Cohen,
Acting Director.
[FR Doc. 01-14711 Filed 6-11-01; 8:45 am]
BILLING CODE 6325-50-P


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| DOCUMENT: | **CL** | **2** |
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|  | **EXCEL Corporation** |
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| DATE: | 12/15/03 | FR PAGE: | N/A | PAGES: | 1 | PDF SIZE: | 49 KB | PDF LINK: | /files/foia/c |
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| DOCUMENT: | **CL** | **1** |
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|  | **Galvin, Dave** |
|--|------------------|

| DATE: | 12/26/03 | FR PAGE: | N/A | PAGES: | 1 | PDF SIZE: | 22 KB | PDF LINK: | /files/foia/c |
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