alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Robert D. ALVIS, Plaintiff-Appellant, v. AT & T INTEGRATED DISABILITY SERVICE CENTER, individually and as administered by Sedgwick CMS; Sedgwick CMS; AT & T Income Disability Plan, Defendants-Appellees.

No. 09-16048.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted April 14, 2010.

Filed April 27, 2010.

Phillip A. Cooke, Esquire, Law Offices of Phillip A. Cooke, Yuba City, CA, for Plaintiff-Appellant.

*674Susan T. Kumagai, Esquire, Rebecca K. Kimura, Glen Elliot Turner, Lafayette & Kumagai, LLP, San Francisco, CA, for Defendants-Appellees.

Before: SCHROEDER and RAWLINSON, Circuit Judges, and MOODY, Senior District Judge.*

*

 The Honorable James Maxwell Moody, Senior United States District Judge for the District of Arkansas, sitting by designation.

MEMORANDUM **

Appellant Robert D. Alvis (Alvis) appeals the district court’s decision granting summary judgment in favor of AT *&*T Integrated Disability Service Center (AT & T IDSC).

We have previously held that “[wjhen an administrator can show that it has engaged in an ongoing, good faith exchange of information between the administrator and the claimant, the court should give the administrator’s decision broad deference notwithstanding a minor irregularity.” *Abatie v. Alta Health & Life Ins. Co.,*458 F.3d 955, 972 (9th Cir.2006) (en banc) (citations and internal quotation marks omitted). AT & T IDSC consistently contacted Alvis and informed him that his additional evidence did not meet the disability plan requirements for demonstrating the existence of a disabling condition. Consequently, we conclude that AT & T IDSC engaged in the type of dialogue mandated by ERISA, and its decision is entitled to deference. *See id.*

We also conclude that AT & T’ IDSC’s decision was reasonable because, in denying Alvis’ claim, AT & T IDSC relied upon two independent physicians who reviewed all the medical records. *See Montour v. Hartford Life & Accident Ins. Co.,*588 F.3d 623, 629 (9th Cir.2009), *as amended*(“In the absence of a conflict, judicial review of a plan administrator’s benefits determination involves a straightforward application of the abuse of discretion standard .... [and] can be upheld if it is grounded on *any*reasonable basis.”) (citations and internal quotation marks omitted) (emphasis in the original).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
<PAGE>
                                                                    EXHIBIT 23.1

                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

    As independent public accountants, we hereby consent to the incorporation of
our report included in this Form 10-K, into the Company's previously filed
Prospectus constituting part of the Registration Statement on Form S-4
(No. 333-55831) and in the Registration Statements on Form S-8 (Nos. 333-10429
and 333-48143).

<TABLE>
<CAPTION>

<S>                                            <C>
/s/ ARTHUR ANDERSEN LLP
--------------------------------------------
San Francisco, California
January 23, 2001
</TABLE>
exv10w9



 






EXHIBIT 10.9




INDIA GLOBALIZATION CAPITAL, INC.




______________, 2005




Integrated Global Networks, LLC

4336 Montgomery Avenue

Bethesda, MD 20814



Gentlemen:



This letter will confirm our agreement that, commencing on the effective date (“Effective Date”) of
the registration statement for the initial public offering (“IPO”) of the securities of India
Globalization Capital, Inc. (“IGC”) and continuing until (the “Termination Date”) the earlier of
the consummation by IGC of a “Business Combination” or the distribution of IGC’s “Trust Fund” (as
such terms are described in IGC’s IPO prospectus), Integrated
Global Networks, LLC shall make
available to IGC certain general and administrative services, including without limitation, office
and secretarial services as may be required by IGC from time to time, situated at 4336 Montgomery
Avenue, Bethesda, MD 20814. In exchange therefore, IGC shall pay
Integrated Global Networks, LLC
the sum of $4,000 per month on the Effective Date and continuing monthly thereafter until the
Termination Date.



Very truly yours,




INDIA GLOBALIZATION CAPITAL, INC.




	 	 	 
	 
	 	 
	By:
	 	 
	

	 	

	 
	 	 
	Name:
	 	 
	

	 	

	 
	 	 
	Title:
	 	 
	

	 	







AGREED TO AND ACCEPTED BY:




 




INTEGRATED GLOBAL NETWORKS, LLC




	 	 	 
	 
	 	 
	By:
	 	 
	

	 	

	 
	 	 
	Name:
	 	 
	

	 	

	 
	 	 
	Title:
#### UNITED STATES of America, Appellee, v. Yamil RIVERA-KADER, also known as Llamil Kader, Appellant.

No. 10-2628.

United States Court of Appeals, Eighth Circuit.

Submitted: Oct. 28, 2010.

Filed: Oct. 29, 2010.

Yamil Rivera-Kader, Taft, CA, pro se.

Andrea E. Belgau, Robert Francis Cryne, U.S. Attorney’s Office, Omaha, NE, for Appellee.

Before LOKEN, MURPHY, and BENTON, Circuit Judges.

PER CURIAM.

Yamil Rivera-Kader appeals the district court’s1 order denying his petition for a writ of mandamus to compel the government to file a Federal Rule of Criminal Procedure 35(b) motion to reduce his sentence for substantial assistance.

The district court did not abuse its discretion: among other reasons, Rivera-Ka-der failed to establish that he had a clear and indisputable right to a Rule 35(b) motion because his plea agreement reserved to the government the discretion whether to file such a motion. *See In re MidAmerican Energy Co.,*286 F.3d 483, 486 (8th Cir.2002) (per curiam) (standard of review); *In re SDDS, Inc.,*97 F.3d 1030, 1034 (8th Cir.1996). Accordingly, we affirm. *See*8th Cir. R. 47B.

1

. The HONORABLE LAURIE SMITH CAMP, United States District Judge for the District of Nebraska.
#### Margarita Walter, Appellant, v John Walter, Respondent.

Submitted May 3, 2010;

decided June 8, 2010

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution. Motion for poor person relief dismissed as academic. Motion for a stay dismissed as academic.
#### Anthony Ray HARRIS, Plaintiff-Appellant, v. Donnie HARRISON; P.S.C., Head Person in charge of legal mail; Mrs. Scott, Postmaster in Charge, Defendants-Appellees.

No. 11-7152.

United States Court of Appeals, Fourth Circuit.

Submitted: Feb. 9, 2012.

Decided: Feb. 14, 2012.

Anthony Ray Harris, Appellant Pro Se.

Before WILKINSON, AGEE, and FLOYD, Circuit Judges.

*287Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Anthony Ray Harris appeals the district court’s order denying relief on his 42 U.S.C. § 198B (2006) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *Harris v. Harrison,*No. 5:11-ct-03021-D (E.D.N.C. July 26, 2011). 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.*
#### UNITED STATES of America, Appellee, v. David W. SMITH, Appellant.

Nos. 92-3220, 95-3100.

United States Court of Appeals, District of Columbia Circuit.

Argued Feb. 2, 1996.

Decided May 31, 1996.

A.J. Kramer, Federal Public Defender and Neil H. Jaffee, Washington, DC, Assistant Federal Public Defender, were on the brief for appellant.

Eric H. Holder, Jr., United States Attorney, John R. Fisher and Elizabeth Trosman, Washington, DC, Assistant United States Attorneys, were on the brief for appellee.

Before: EDWARDS, Chief Judge, WALD and SILBERMAN, Circuit Judges.

Opinion for the Court filed PER CURIAM.

PER CURIAM:

Contrary to the Government’s suggestion, the panel’s opinion in *United States v. Smith,*77 F.3d 511 (D.C.Cir.1996), does not hold that a court may not consider the weight of the untainted evidence presented at trial when performing a materiality analysis pursuant to *United States v. Bagley,*473 U.S. 667, 105 S.Ct. 3375, 87 L.Ed.2d 481 (1985) and *Kyles v. Whitley,*— U.S. -, 115 S.Ct. 1555, 131 L.Ed.2d 490 (1995). Rather, the court did no more than determine that the *Brady*violation at issue here created “a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different.” *Kyles,*— U.S. at -, 115 S.Ct. at 1565 (quoting *Bagley,*473 U.S. at 682, 105 S.Ct. at 3383. (Opinion of Blackmun, J.)). In other words, because the members of the panel could not say that, absent the undisclosed evidence, defendant “received a fair trial, understood as a trial resulting in a verdict worthy of confidence,” *id.*at 1566, the matter was reversed and remanded for a new trial.

In short, there is nothing in the panel opinion that intends to foreclose the court from considering the overall strength of the Government’s case in making decisions on materiality. The panel’s analysis follows directly from the applicable Supreme Court precedent, and there is no issue justifying rehearing. Therefore, the Government’s petition for rehearing is

*Denied.*
Exhibit 10.2

                      TRANSBOTICS SECURES AGV SYSTEM ORDER
                            IN THE PACKAGING INDUSTRY

CHARLOTTE, NC - August 5, 2005 - Transbotics Corporation, (OTC BB: TNSB)
(www.transbotics.com), announced it received an order for an Automatic Guided
Vehicle (AGV) system from an existing customer in the packaging industry. The
order, totaling approximately $400,000 includes multiple vehicles, controls,
hardware, and other related equipment, software, and engineering services.

" This is repeat order from this important customer. The automation equipment
will be installed at an existing plant that they have in Arizona" stated Claude
Imbleau, President of Transbotics Corporation. "The new system will
significantly expand the customer's throughput by allowing it to take maximum
advantage of recent changes in production and plant design. "

The new order is based on Transbotics' Steer Drive Counter Balanced AGV design.
These Tailor Made AGV's are designed to move in a smaller footprint than
standard AGVs. This design can carry load weights of up to 2,500 pounds with a
lift height of up to 6 feet. The AGV has a stacking ability and can move in
narrow aisles. The AGV uses laser navigation, is equipped with
automatic/opportunity battery recharging and non-contact, 360-degree safety
protection.

For over 20 years Transbotics Corporation has specialized in the design,
development, support and installation of automation solutions with an emphasis
on Automatic Guided Vehicles (AGVs). The Company is a North American automation
solutions integrator that manufactures, installs and supports various automation
technologies including: AGVs, robots, conveyors, batteries, chargers, motors and
other related products.

Transbotics provides unique automation solutions to a variety of industries,
including automotive (tier one supplier), aerospace and defense, food and
beverage, paper and allied products, newsprint and publishing, entertainment,
microelectronics, plastics and primary metals. Transbotics' current customers
include Fortune 500 companies as well as small manufacturing companies.

This release (including information incorporated by reference herein) may be
deemed to contain certain forward-looking statements with respect to the
financial condition, results of operation, plans, objectives, future performance
and business of the Company. These forward-looking statements involve certain
risk, including, without limitation, the uncertainties detailed in Transbotics
Corporation Securities and Exchange Commission filings.




                                       23
* This order and judgment is not binding precedent, e xcept under the

doctrines of law of the case, res judicata, and col lateral estoppel. The court generally disfavors the citation of orders and judg ments; nevertheless, an order and judgment may be cited under the terms and condi tions of 10th Cir. R. 36.3. 

## F I L E D United States Court of Appeals Tenth Circuit 

### MAY 27 1998 

### PATRICK FISHER Clerk UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

THE CADLE COMPANY,

Plaintiff-Appellant,

v. MIKE RUSSELL, Deceased; the heirs, devisees and legatees, whether known or unknown of the decedent, Mike Russell; JOHN M. RUSSELL; MYRTESS RUSSELL; JAMES RUSSELL; MICHAEL RUSSELL; ERNEST RUSSELL; MARCHAELA THOMASON; OKLAHOMA TAX COMMISSION; BRENDA D. RUSSELL, Defendants-Appellees. No. 97-7068 (D.C. No. 96-CV-246-P) (E.D. Okla.)

ORDER AND JUDGMENT *

Before PORFILIO , BARRETT , and HENRY , Circuit Judges.-2-

After examining the briefs and appellate record, th is panel has determined unanimously that oral argument would not materiallyassist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The c ase is therefore ordered submitted without oral argument. The Cadle Company, an assignee of the Federal Depos it Insurance Corporation, brought this action seeking judgment a gainst defendants for payment of the balance due under a promissory note executed by Mike Russell, deceased, and foreclosure of a mortgage securing the note. A fter a nonjury trial conducted by a magistrate judge pursuant to 28 U.S.C. § 636(c ), judgment was entered in favor of defendants, based on the expiration of the applicable statute of limitations. We have carefully reviewed the parties’ briefs on appeal, the magistrate judge’s findings of fact and conclusions of law, an d the entire record before this court. We discern no reversible error and AFFIRM f or substantially those reasons set forth in the Findings of Fact and Conclusions o f Law, dated June 11, 1997.

Entered for the Court

John C. Porfilio Circuit Judge
Exhibit 32.1




CERTIFICATION




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), the
undersigned officer of Maiden Holdings, Ltd (the “Company”), hereby certifies,
to such officer’s knowledge, that:




The
Company’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2009 (the
“Report”) fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 and the information contained in the Report
fairly presents, in all material respects, the financial condition and results
of operations of the Company.


Dated:August 13,
      2009
              By:
              /s/ARTURO M.
      RASCHBAUMName:  Arturo
      M. RaschbaumTitle:
              President
      and 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 Report.
Exhibit 32.2

CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

Pursuant to 18 U.S.C. § 1350,
as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Strategic Storage Trust, Inc., (the Company) or the Company, in connection with the Companys Quarterly Report on Form 10-Q for the period
ended September 30, 2009 (the Report) hereby certifies, to his knowledge, that:



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



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



| |  |        |  |                   |  |  |  |     |  |                                      
| |  | ------ |  | ----------------- |  |  |  | --- |  | -------------------------------------
| |  | Dated: |  | November 13, 2009 |  |  |  | By: |  | /s/ Michael S. McClure               
| |  |        |  |                   |  |  |  |     |  | Michael S. McClure                   
| |  |        |  |                   |  |  |  |     |  | Chief Financial Officer and Treasurer
| |  |        |  |                   |  |  |  |     |  | (Principal Financial Officer)
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.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Arthritis and Musculoskeletal and Skin Diseases Special Emphasis Panel.                    

*Date:*                         January 22, 2001.                    

*Time:*                         2:00 pm to 2:30 pm.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         45 Natcher Bldg., Rm 5As25u, Bethesda, MD 20892, (Telephone Conference Call).                    

*Contact Person:*                         Tommy L. Broadwater, PhD, Chief, Grants Review Branch, National Institutes of Health, NIAMS, Natcher Bldg., Room 5As25U, Bethesda, MD 20892, 301-594-4952.                    

This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.846, Arthritis, Musculoskeletal and Skin Diseases Research, National Institutes of Health, HHS)

Dated: January 9, 2001.

LaVerne Y. Stringfield,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 01-1456  Filed 1-17-01; 8:45 am]

BILLING CODE 4140-01-M
EX-32.1 CERTIFICATION   PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002   I, Ronald A. Davis, Chief Executive Officer and Chief Financial Officer of Bella Viaggio, Inc. (the "Company") certify that:  1. I have reviewed the quarterly report on Form 10-Q/A of Bella Viaggio, Inc.;  2. Based on my knowledge, this quarterly 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 quarterly report; and  3. Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the Company as of, and for, the period presented in this quarterly report.  Date: November 23, 2009   /s/ Ronald A. Davis Ronald A. Davis, Chief Executive Officer Chief Financial Officer
|   |             |   |   |   |   | RIDGEWOOD ENERGY W FUND, LLC                    |
|--------|------------------|--------|--------|--------|--------|------------------------------------------------------|
| Dated: | November 9, 2010 | By:    | /s/    |   |   | ROBERT E. SWANSON                                    |
|   |             |   | Name:  |   |   | Robert E. Swanson                                    |
|   |             |   | Title: |   |   | Chief Executive Officer                              |
|   |             |   |   |   |   | (Principal Executive Officer)                        |
|   |             |   |   |   |   |                                                 |
|   |             |   |   |   |   |                                                 |
| Dated: | November 9, 2010 | By:    | /s/    |   |   | KATHLEEN P. MCSHERRY                                 |
|   |             |   | Name:  |   |   | Kathleen P. McSherry                                 |
|   |             |   | Title: |   |   | Executive Vice President and Chief Financial Officer |
|   |             |   |   |   |   | (Principal Financial 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 Homeland Resources Ltd. (the “Company”)
on Form 10-Q for the period ending October 31, 2008, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Armando
Garcia, 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:





(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.





Date:  December
12, 2008











/s/ Armando
Garcia


Armando
Garcia,


President,
Secretary & Treasurer


(principal
executive and financial officer)
```

[Federal Register: October 7, 1997 (Volume 62, Number 194)]
[Notices]
[Page 52325]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc97-30]

=======================================================================
-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meeting

TIME AND DATE: 10:00 a.m., Thursday, October 23, 1997.

PLACE: 1155 21st St. N.W., Washington, D.C., 9th Floor Conference Room.

STATUS: Closed.

MATTERS TO BE CONSIDERED:

    Program objectives.

CONTACT PERSON FOR MORE INFORMATION: Catherine Dixon, 202-418-5100.
Catherine Dixon,
Assistant Secretary of the Commission.
[FR Doc. 97-26650 Filed 10-3-97; 11:40 am]
BILLING CODE 6351-01-M
```

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