alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
The Ho norable Ann D. Montgomery, United States District Judge for th e 1 District of Minnesota. United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 96-3966

___________ Joseph Anthony Roberson, * * Appellant, * * v. * Appeal from the United States * District Court for the Judge Porter, Jr.; Michael O. Freeman, * District of Minnesota Prosecutor; Hennepin County * Government Center; State of Minnesota, * {UNPUBLISHED} * Appellees. *

___________ Submitted: October 7, 1997 Filed: November 14, 1997

___________ Before RICHARD S. ARNOLD, Chief Judge, and McMILLIAN and BEAM, Circuit Judges.

___________ PER CURIAM.
Jo sephAnthony Roberson appeals from the final order of the United State s District Court for the Di strict of Minnesota, dismissing Roberson & s 42 U.S.C. § 1983

1 action against a state judge, prosecutor, government building, and the State of-2-

Minnesota. We have carefully reviewed the entire record, and we conclude the district court did not err in dismissing this action. In addition, Roberson is responsible for the filing fee in the district court and on appeal. See In re Tyler , 11 0 F.3d 528, 529-30 (8th Cir. 1997) (prisoner is responsible for filing fee at moment of filing civil action o r appeal). Accordingly, we affirm. Roberson & s motions on appeal are denied. A true copy. Attest: CLERK , U. S. COURT OF APPEALS, EIGHTH CIRCUIT
.
AIR LIQUIDE INDUSTRIAL U.S. LP, petitioner, v. Mario GARRIDO.

No. 15-1336.

Supreme Court of the United States

Oct. 3, 2016.

Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District denied.
Abatement Order filed May 7, 2015 

In The

Fourteenth Court of Appeals

NO. 14-14-00410-CV

DOV AVNI KAMINETZKY, Appellant

V.

DOSOHS I, LTD, Appellee

On Appeal from the 11th District Court

Harris County, Texas

Trial Court Cause No. 1997-40590

ORDER

After a non-jury trial, appellant brings this appeal from a judgment signed 

March 31, 2014. Appellant timely requested findings of fact and conclusions of 

law and timely reminded the trial court when the findings and conclusions were 

overdue. The trial court did not file the requested findings and conclusions. On 

April 20, 2015, appellant asked this court to order the trial court to find findings of 

fact and conclusions of law. 

When an appellant timely files a request for findings of fact and conclusions 

of law and a timely notice of past due findings, the trial court’s error in failing to 

file findings of fact and conclusions of law is generally presumed to be harmful, 
unless the record before the appellate court affirmatively shows that the 

complaining party has suffered no injury. See Cherne Indus., Inc. v. Magallanes, 

763 S.W.2d 768, 772 (Tex. 1989); Electronic Power Design, Inc., v. R.A. Hanson 

Co., Inc., 821 S.W.2d 170, 171 (Tex. App.—Houston [14th Dist.] 1991, no writ). 

Appellant avers in his motion that he cannot properly present or frame its 

issues without the findings and conclusions. In this case, therefore, we cannot say 

that the record affirmatively discloses no injury. Because the trial judge continues 

to serve on the district court, the error in this case is remediable. See Tex. R. App.

P. 44.4. The proper remedy is to abate the appeal and direct the trial court to 

correct its error. See Zeiba v. Martin, 928 S.W.2d 782, 786 (Tex. App.—Houston 

[14th Dist.] 1996, no writ). We ORDER the trial court to file findings of fact and 

conclusions of law on or before May 27, 2015. Within ten days after the trial court 

has filed findings of fact and conclusions of law, any party may file a request for 

specified additional or amended findings or conclusions. The trial court shall file 

any additional or amended findings that are appropriate within ten days after such a 

request is filed. The trial court’s findings of fact and conclusions of law, and any 

additional and amended findings or conclusions, shall be included in a 

supplemental clerk’s record to be filed with this court on or before June 29, 2015. 

The appeal is abated, treated as a closed case, and removed from this court’s 

active docket. The appeal will be reinstated on this court’s active docket when the 

trial court’s findings and recommendations are filed in this court. The court will 

also consider an appropriate motion to reinstate the appeal filed by either party, or 

the court may reinstate the appeal on its own motion. 

It is so ORDERED.

PER CURIAM
M.B.N.S., petitioner, v. ALABAMA.

No. 16-380.

Supreme Court of the United States

Nov. 14, 2016.

Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.
Exhibit 31.2
 CERTIFICATIONS
  1.
    
    I have reviewed this annual report on Form 10-K/A of Marvel Entertainment, Inc.;
 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 registrant as of, and for, the periods
presented in this report;
 4.
    
    The registrants other certifying officer(s) 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)) and internal control over financial reporting (as defined in Exchange Act
Rules 13a-15(f) and 15d-15(f)) for the registrant and have:
     5.
    
    The registrants other certifying officer(s) and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the registrants
auditors and the audit committee of the registrants board of directors (or persons
performing the equivalent functions):
    /s/ Kenneth P. WestKenneth P. WestChief Financial Officer
William SOUSA, et ux., petitioners, v. BRANCH BANKING AND TRUST COMPANY.

No. 15-1375.

Supreme Court of the United States

Oct. 3, 2016.

Petition for writ of certiorari to the Supreme Court of Nevada denied.
Order filed, January 28, 2015

.

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 14

- 00959

- CR

____________ GERALINE GREGORY LI NCOLN , Appellant

V.

THE STATE OF TEXAS , Appellee

On Appeal from the 337th District Court

Harris County, T exas Trial Court Cause No. 1424406



### ORDER
The reporter’s record in this case was due January 20, 2015

. See Tex. R. App. P. 35.1. The court has not received a request to extend time for filing the
record. The record has not been filed with the court. Because the reporter’s record has not been filed timely, we issue the following order.

We order Mary Ann Rodriguez , the official court reporter, to file the record in this appeal within 30 days of the date of this order

. PER CURIAM
EXHIBIT 23.1





Consent of Independent Registered Public Accounting Firm





The Board of Directors and Stockholders:


GenVec, Inc.:





We consent to the incorporation by reference in the Registration Statements on Form S-3 (No. 333-164862, No. 333-133366, No. 333-123968, No. 333-101963 and No. 333-76886), on Form S-4 (No. 333-105320)and on Form S-8 (File No. 333-110446, No. 333-55590, No. 333-55586 and No. 333-55584) of GenVec, Inc. of our reports dated March 11, 2011, with respect to (1) the balance sheets of GenVec, Inc., as of December 31, 2010 and 2009 and the related statements of operations, stockholders’ equity and comprehensive income (loss) and cash flows for each of the years in the three-year period ended December 31, 2010, and (2) the effectiveness of internal control over financial reporting as of December 31, 2010, which reports appear in the December 31, 2010 Annual
Report on Form 10-K of GenVec, Inc.





/s/KPMG LLP





McLean, Virginia


March 11, 2011
EXHIBIT 32.1


CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350
 ADOPTED PURSUANT TO SECTION 906 OF
 THE SARBANES-OXLEY ACT OF 2002
 
 In connection with the Quarterly Report of Fortune Industries, Inc., an Indiana corporation, (the "Company") on Form 10-Q for the period ending December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Tena Mayberry, Chief Executive Officer of the Company, certify the following pursuant to Section 18, U.S.C. 1350, as adopted pursuant to Section 906 of
                the Sarbanes-Oxley Act of 2002:
 
 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:  February 16, 2010
 By:  /s/ Tena Mayberry
 Tena Mayberry
 Chief Executive Officer
#### HELVERING, COMMISSIONER OF INTERNAL REVENUE, *v.*McILVAINE et al., TRUSTEES.

No. 566.

Argued December 17, 1935.

Decided January 6, 1936.

*Mr. J. Louis Monarch,*with whom *Solicitor General Reed, Assistant Attorney General Wideman,*and *Mr. Sewall Key*were on the brief, for petitioner.

*Mr. Clay Judson*for respondents.

*489Mr. Chief Justice Hughes

delivered the opinion, of the Court.

The question presented in this case is similar to that involved in *United States Trust Co.*v. Commissioner, decided this day, *ante,*p. 481. By amendments under a reserved power, the terms of an original trust created by John P. Wilson, in 1913, were altered with the intention of creating three separate trusts. The Board of Tax Appeals, upon findings supported by evidence, concluded that this purpose was accomplished and hence that there was no deficiency. 29 B. T. A. 304. The Circuit Court of Appeals affirmed the order of the Board. 78 F. (2d) 787. We granted certiorari because of the conflict with the decision of the Circuit Court of Appeals for the Second Circuit, in the case of the *United States Trust Company, supra,*75 F. (2d) 973, and, for the reasons stated in our opinion in that case, the decree of the Circuit Court of Appeals is

Affirmed..
GATEWAY ESTATES, INC., petitioner, v. NEW CASTLE COUNTY, DELAWARE, et al.

No. 16-487.

Supreme Court of the United States

Jan. 9, 2017.

Petition for writ of certiorari to the Supreme Court of Delaware denied.
<PAGE>   1
                                                                    EXHIBIT 24.1



                               POWER OF ATTORNEY


Each director and/or officer of Chief Auto Parts Inc. (the "Company") whose
signature appears below hereby appoints David H. Eisenberg and Thomas A. Hough
as the undersigned's attorneys or any of them individually as the undersigned's
attorney, to sign, in the undersigned's name and behalf and in any and all
capacities stated below, and to cause to be filed with the Securities and
Exchange Commission (the "Commission"), the Company's Annual Report on Form 10-K
(the "Form 10-K") for the fiscal year ended December 28, 1997, and likewise to
sign and file with the Commission any and all amendments to the Form 10-K, and
the Company hereby also appoints such persons as its attorneys-in-fact and each
of them as its attorney-in-fact with like authority to sign and file the Form
10-K and any amendments thereto granting to each such attorney-in-fact full
power of substitution and revocation, and hereby ratifying all that any such
attorney-in-fact or the undersigned's substitute may do by virtue hereof.

IN WITNESS WHEREOF, we have hereunto set our hands this 26th day of March, 1998.

<TABLE>
<CAPTION>
Signature                               Title
<S>                               <C>


/s/ DAVID H. EISENBERG             President, Chief Executive Officer
-----------------------------      and Chairman of the Board
David H. Eisenberg
                                   Senior Vice President - Finance, Treasurer,
/s/ THOMAS A. HOUGH                and Chief Financial Officer
-----------------------------      (Principal Financial Officer)
Thomas A. Hough

/s/ PATRICK J. CORBETT             Director of Financial Reporting
-----------------------------      (Principal Accounting Officer)
Patrick J. Corbett

/s/ HAROLD S. EASTMAN
-----------------------------      Director
Harold S. Eastman

/s/ STEPHEN A. KAPLAN
-----------------------------      Director
Stephen A. Kaplan

/s/ RICHARD MASSON
-----------------------------      Director
Richard Masson
</TABLE>
# Official Journal L 308/5 Oc

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 308 |
| | |
| English edition | Legislation | Volume 475 October 2004 |

ISSN 1725-2555

Official Journal

of the European Union

L 308

English edition

Legislation

Volume 475 October 2004

---

| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | * | Regulation (EC) No 1682/2004 of the European Parliament and of the Council of 15 September 2004 amending Regulation (EC) No 1655/2000 concerning the Financial Instrument for the Environment (LIFE) | 1 |

Contents

I   Acts whose publication is obligatory

page

*

Regulation (EC) No 1682/2004 of the European Parliament and of the Council of 15 September 2004 amending Regulation (EC) No 1655/2000 concerning the Financial Instrument for the Environment (LIFE)

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-2000
<PERIOD-START>                             OCT-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                          37,867
<SECURITIES>                                    29,547
<RECEIVABLES>                                   32,753
<ALLOWANCES>                                   (7,230)
<INVENTORY>                                        548
<CURRENT-ASSETS>                               179,385
<PP&E>                                          58,163
<DEPRECIATION>                                (46,091)
<TOTAL-ASSETS>                                 227,679
<CURRENT-LIABILITIES>                           83,968
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       111,039
<OTHER-SE>                                      22,876
<TOTAL-LIABILITY-AND-EQUITY>                   227,679
<SALES>                                         49,438
<TOTAL-REVENUES>                                53,653
<CGS>                                            6,692
<TOTAL-COSTS>                                   11,832
<OTHER-EXPENSES>                                39,713
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 600
<INCOME-PRETAX>                                  3,545
<INCOME-TAX>                                       670
<INCOME-CONTINUING>                              2,875
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,875
<EPS-BASIC>                                     0.08
<EPS-DILUTED>                                     0.07


</TABLE>
<TABLE> <S> <C>
                                 
<ARTICLE>                             5
<CIK>                                       0000934383
<NAME>                                Hosiery Corporation of America, Inc.
<MULTIPLIER>                                      1000
                                       
<S>                                     <C>
<PERIOD-TYPE>                         12-MOS
<FISCAL-YEAR-END>                     Dec-31-1996
<PERIOD-START>                        Jan-01-1996
<PERIOD-END>                          Dec-31-1996
<CASH>                                           1,960
<SECURITIES>                                         0
<RECEIVABLES>                                   24,479
<ALLOWANCES>                                     1,540
<INVENTORY>                                     15,538
<CURRENT-ASSETS>                                42,307
<PP&E>                                          32,037
<DEPRECIATION>                                  14,615
<TOTAL-ASSETS>                                  92,600
<CURRENT-LIABILITIES>                           41,718
<BONDS>                                         69,329
<PREFERRED-MANDATORY>                              360
<PREFERRED>                                     37,398
<COMMON>                                            14
<OTHER-SE>                                    (121,234)
<TOTAL-LIABILITY-AND-EQUITY>                    92,600
<SALES>                                        162,763
<TOTAL-REVENUES>                               162,763
<CGS>                                           51,389
<TOTAL-COSTS>                                   75,184
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                10,057
<INTEREST-EXPENSE>                              18,466
<INCOME-PRETAX>                                 (5,696)
<INCOME-TAX>                                    (1,390)
<INCOME-CONTINUING>                             (4,306)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (4,306)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        
 

</TABLE>
Page 1 

Commodity Futures Trading Commission 

CEA CASES 

NAME: ROBERT M. SWEDLOW 

DOCKET NUMBER: STIPULATION 141 

DATE: JULY 13, 1972 

DOCUMENT TYPE: STIPULATION OF COMPLIANCE 

UNITED STATES DEPARTMENT OF AGRICULTURE 

BEFORE THE SECRETARY OF AGRICULTURE 

In re: Robert M. Swedlow 

Stipulation of Compliance Under the Commodity Exchange Act No. 141 

The Secretary of Agriculture has reason to believe that Robert M. Swedlow has 

violated the provisions of the Commodity Exchange Act (7 U.S.C., Chapter 1) and 

the regulations of the Secretary of Agriculture promulgated thereunder (17 CFR, 

Chapter 1). No complaint with respect to such violations has been issued and 

the said Robert M. Swedlow is desirous of disposing of the matter by entering 

into a stipulation of compliance as authorized by section 0.4(a) of the Rules of 

Practice under the Commodity Exchange Act (17 CFR, Part 0). Therefore, the said 

Robert M. Swedlow stipulates the following facts are true: 

(1) Robert M. Swedlow, an individual whose address is 110 N. Franklin Street, 

Room 1314, Chicago, Illinois 60606, is now and was at all times material herein 

a member of the Chicago Mercantile Exchange, a duly designated contract market 

under the Commodity Exchange Act. 

(2) The registration of Robert M. Swedlow as floor broker under the Commodity 

Exchange Act for the calendar year 1971 expired on December 31, 1971, and the 

said Robert M. Swedlow did not submit an application for registration as a floor 

broker under the Act for the calendar year 1972 until January 13, 1972. 

(3) During the period from January 1 through January 13, 1972, Robert M. 

Swedlow acted as floor broker by executing for others orders for the purchase or 

sale of commodities for future delivery on or subject to the rules of the 

Chicago Mercantile Exchange. 

The Commodity Exchange Authority has advised Robert M. Swedlow that by reason 

of the acts set forth above, he has violated section 4e of the Act and section 

1.8 of the regulations thereunder. 

The said Robert M. Swedlow agrees to desist from such acts and practices in 

the future. He further understands and agrees that this stipulation is 

admissible as evidence of such acts and practices in any future proceeding based 

upon acts or practices in addition to those referred to herein which may be 

brought against him by the Secretary of Agriculture under the provisions of the 

said Act. He also understands that it is the practice of the Commodity Exchange 

Authority to issue press releases on stipulations of compliance and to make them 

a matter of public record. 

Done at Chicago, Illinois, this 13 day of July 1972 

[SEE SIGNATURE IN ORIGINAL] 

Robert M. Swedlow 

Witnessed by: 

[SEE SIGNATURE IN ORIGINAL] 
Page 2 

[SEE SIGNATURE IN ORIGINAL] 

LOAD-DATE: August 6, 2008 
Page 3
Large Trader Net Position Change

(Averaged over January 5, 2009– May 2

Group Market Large Trader Net

Position Changes

Percent of

Futures only

Trade Volume

Energy NYMEX Crude Oil (CL) 35,038 5.5% 

NYMEX Gasoline Blendstock (RB) 10,159 9.9% 

NYMEX Heating Oil (HO) 9,087 9.0% 

NYMEX Natural Gas (NG) 20,038 8.4% 

Metal COMEX Copper (HG) 3,769 10.6% 

COMEX Gold (GC) 18,056 11.0% 

NYMEX Platinum (PL) 1,299 26.6% 

NYMEX Palladium (PA) 904 30.3% COMEX Silver (SI) 3,933 7.7% 

Financial CBT

2‐Year Treasury (TU) 45,388 18.5% 

CBT

5‐Year Treasury (FB) 57,363 11.5% 

CBT 10‐Year Treasury (TY) 96,488 9.6% 

CBT 30‐Day Fed Funds (FF) 15,746 33.3% 

CME Eurodollar (ED) 206,031 10.4% CME S&P 500 (SP) 10,573 31.2% 

CME S&P 500

E‐Mini (ES) 179,649 8.2% 

CBT

T‐bond (US) 29,970 9.9% 

1
Large Trader Net Position Change

(Averaged over January 5, 2009– May 2

Group Market Large Trader Net

Position Changes

Percent of

Futures only

Trade Volume

Agriculture ICEUS Cocoa (CC) 3,635 24.8% 

ICEUS Coffee (KC) 4,149 21.1% 

CBT Corn (C) 33,106 12.9% 

ICEUS Cotton No.

2 (CT) 5,151 26.0% 

CME Feeder Cattle (FC) 1,007 20.1% 

ICEUS FCOJ‐A (OJ) 861 32.7% CME Lean Hogs (LH) 5,429 17.4% 

CME Live Cattle (LC) 7,809 18.2% 

CME Class III Milk (DA) 714 59.7% 

CBT Oats (O) 346 25.6% CBT Rough Rice (RR) 374 22.6% 

CBT Soybeans (S) 17,459 11.6% 

CBT Soybean Meal (SM) 7,514 13.5% 

CBT Soybean Oil (BO) 11,343 14.3% 

ICEUS Sugar No. 11 (SB) 18,045 16.1% 

CBT Wheat (W) 11,591 13.6% KCBT Wheat (KW) 3,627 18.1% 

MGE Wheat (MWE) 1,295 21.1% 

2
Exhibit 32.2



CERTIFICATION OF CHIEF FINANCIAL OFFICER,

AS REQUIRED BY SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002.



In connection with the quarterly report of Options Media Group Holdings, Inc. (the Company) on Form 10-Q for the quarter ending March 31, 2009, as filed with the Securities and Exchange Commission on the date hereof, I, Steven Stowell, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:



1.

The quarterly 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 quarterly report fairly presents, in all material respects, the financial condition and results of operations of the Company.



Date: May 15, 2009



|                                                                    
|--------------------------------------------------------------------
|/s/ Steven Stowell                                                  
|Steven Stowell
Chief Financial Officer
(Principal Financial Officer)