alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

October 27, 2008 Clifford W. Taylor,

 Chief Justice 

136855 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman, 

Plaintiff-Appellee, Justices 

v SC: 136855 

 COA: 285422 

Kent CC: 07-054960-FC 

DUJUAN LANARD QUINN,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the June 17, 2008 order 

of the Court of Appeals is considered, and it is DENIED, because we are not persuaded 

that the questions presented should be reviewed by this Court. 

KELLY, J., would grant leave to appeal for the reasons set forth in her dissenting 

statement in People v Conway, 474 Mich 1140 (2006). 

p1020 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

October 27, 2008 

 Clerk
##### 



CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  
    
    the annual report of the Registrant on Form 10-K for the year ended December 31,
2007 (the Report), which accompanies this certification, 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 of the Registrant at the end of such year and the results of
operations of the Registrant of such year.
  /s/ Deirdre Y. GillespieDeirdre Y. Gillespie
President, Chief Executive Officer and
Assistant Secretary/s/ Niv E. CaviarNiv E. Caviar
Executive Vice President,Chief Business
Officer and Chief Financial Officer
*

Honorable Sharon Lovelace Blackburn, U.S. District Judge

for the Northern District of Alabama, sitting by designation. 

United States Court of Appeals,

Eleventh Circuit.

No. 93-8467.

UNITED STATES of America, Plaintiff-Appellee,

v.

Gregory Louis JONES, Defendant-Appellant.

Feb. 6, 1996.

Appeal from the United States District Court for the Northern

District of Georgia. (No. 1:92-CR-35-1), Richard C. Freeman, Judge.

Before BIRCH and CARNES, Circuit Judges, and BLACKBURN*

, District

Judge.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM:

The Supreme Court has vacated our prior judgment in this case,

United States v. Jones, 28 F.3d 1574 (11th Cir.1994), and remanded

the case to us for further consideration in light of Bailey v.

United States, --- U.S. ----, 116 S.Ct. 501, --- L.Ed.2d ----

(1995).

In upholding Jones' conviction for using or carrying a firearm

during and in relation to the commission of a drug trafficking

offense, in violation of 18 U.S.C. § 924(c)(1), we applied the

pre-Bailey law of this Circuit that the presence of a weapon in a

location near a significant quantity of illegal drugs is sufficient

to submit to the jury the issue of whether the defendant used that

firearm in connection with a drug trafficking crime. Id. at 1577-

79. The Supreme Court has now held that a defendant cannot be
convicted under the "use" prong of § 924(c)(1) merely because a

firearm is present at the scene of a drug crime. Instead, if the

firearm is not "carried" there must be an active use, such as

"brandishing, displaying, bartering, striking with, and most

obviously, firing or attempting to fire." Bailey, --- U.S. at ----

, 116 S.Ct. at 508. More specifically, the Court has rejected the

proposition "that a gun placed in a closet is "used,' because its

mere presence emboldens or protects its owner." Id.

In light of Bailey, we modify our prior opinion, insofar as it

concerns the § 924(c)(1) conviction, 28 F.3d at 1577-79, and hold

that the evidence in this case was insufficient to support that

conviction. Our affirmance of the remaining convictions stands.

Accordingly, the "Conclusion" part of our prior opinion, id. at

1582, is modified to read as follows:

All of Jones' convictions are AFFIRMED, except his

conviction for violating 18 U.S.C. § 924(c)(1). That

conviction and sentence are REVERSED. All of Jones' remaining

sentences are AFFIRMED, except for the sentence he received

for possession of the unregistered sawed-off shotgun, which

sentence is VACATED. The case is REMANDED for proceedings

consistent with this opinion.
EX10.7






        


Exhibit 10.7







June 25, 2014


Chesapeake Operating, Inc.
6100 N. Western Avenue
Oklahoma City, Oklahoma 73118


		
	Re:
	Master Services Agreement (the “MSA”), dated October 25, 2011, by and between Chesapeake Operating, Inc., an Oklahoma corporation, and certain direct and indirect subsidiaries thereof (collectively, the “Company”), and Chesapeake Oilfield Operating, L.L.C., an Oklahoma limited liability company, and certain direct and indirect subsidiaries thereof (collectively, “Contractor,” and together with the Company, the “Parties”).




Ladies and Gentlemen:
    
By your execution of this letter, and for other good and valuable consideration, the receipt of which is hereby acknowledged, you agree that Exhibit B of the MSA, as amended, shall be amended and restated to read as set forth on Exhibit A attached hereto.


If you are in agreement with the foregoing, please indicate by signing and returning one copy of this letter to the undersigned at the address set forth below, which will constitute an agreement between the Parties with respect to the matters set forth herein. 




Very truly yours,


CHESAPEAKE OILFIELD OPERATING, L.L.C.




By: /s/ Cary D. Baetz            
Name:    Cary D. Baetz            
Title:    Chief Financial Officer        




AGREED AND ACCEPTED:


CHESAPEAKE OPERATING, INC.


By:    /s/ Dale A. Wildman        
Name:    Dale A. Wildman        
Title:    Vice President, Supply Chain    


CONTRACTOR SUBSIDIARIES1 
Part 1 – Non-Drilling Contractor Subsidiaries 


Great Plains Oilfield Rental, L.L.C. 
Hodges Trucking Company, L.L.C. 
Keystone Rock & Excavation, L.L.C. 
Mid-States Oilfield Supply LLC 
Oilfield Trucking Solutions, L.L.C. 
Performance Technologies, L.L.C. 
PTL Prop Solutions, L.L.C. 
Western Wisconsin Sand, LLC
Part 2 – Drilling Contractor Subsidiaries 
Nomac Drilling, L.L.C. 




























































	
			
	1
	

	For purposes of this Agreement, the term Contractor shall include only such Contractor that provides Services and Materials at Company’s request.







Chesapeake Oilfield Services
6100 N. Western Avenue • Oklahoma City, OK 73118
STATE v. Christopher Allen MCKIVER

213PA16-1

Supreme Court of North Carolina.

October 20, 2016

Kimberly P. Hoppin, Attorney at Law, for McKiver, Christopher Allen.

Joseph E. Herrin, Special Deputy Attorney General, Daniel P. O'Brien, Special Deputy Attorney General, Ben R. David, District Attorney, for State of North Carolina.

The following order has been entered on the Motion for Extension of Time to File Brief filed on the 19th of October 2016 by State of NC:

"Motion Allowed by order of the Court in conference, this the 20th of October 2016."

Plaintiff-Appellant shall have up to and including the 23rd day of November 2016 to file and serve his/her brief with this Court.
* 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. 98-30621 

USDC No. 97-CV-496

 

EDWARD E. BLAKE,

Plaintiff-Appellant,

versus

WILLIAMS, Lieutenant, ET AL.,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Louisiana

- - - - - - - - - -

March 3, 1999

Before REAVLEY, JONES, and WIENER, Circuit Judges.

PER CURIAM:*

Edward E. Blake, Louisiana prisoner # 305934, seeks to

appeal the district court’s dismissal on March 19, 1998, of his

42 U.S.C. § 1983 civil rights action. This court has a duty, sua

sponte, to determine whether it has appellate jurisdiction. 

Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). Blake’s

notice of appeal filed on June 17, 1998, was not filed within 30

days of the date of entry of the district court’s final judgment

and is too late. See Fed. R. App. P. 4(a)(1). We DISMISS this

appeal for lack of appellate jurisdiction.

APPEAL DISMISSED.
IN THE SUPREME COURT OF THE STATE OF DELAWARE

RICHARD BLANCH, VIVIANNA BLANCH, RED BRIDGE & STONE, LLC and CLOVIS HOLDINGS LLC,

Defendants, Nominal Defendant, Counterclaim and Third-Party Plaintiffs Below/ Appellants,

v.

STONE & PAPER INVESTORS, LLC, and CLOVIS HOLDINGS, LLC,

Plaintiffs and Counterclaim Defendants Below/Appellees,

and

JAD TRADING LLC, DIAMOND CARTER TRADING, LLC, JOHN DIAMOND, KANOKPAN KHUMPOO, ALBERT CARTER, ELIZABETH CARTER, EISENBERG & BLAU CPAS, P.C., RICHARD EISENBERG, and DDK & COMPANY, LLP,

Counterclaim and Third-Party Defendants Below/Appellees. § § § No. 262, 2023 § § Court Below—Court of Chancery § of the State of Delaware § § C.A. No. 2018-0394 § § § § § § § § § § § § § § § § § § § § § § § §

Submitted: January 24, 2024 Decided: February 7, 20242 Before SEITZ , Chief Justice; LEGROW and GRIFFITHS

, Justices.

ORDER

This 7 th day of February, 2024, after careful consideration of the parties’ briefs

and the record below, and following oral argument, we find it evident that the

judgment of the Court of Chancery should be affirmed on the basis of and for the

reasons stated in the Memorandum Opinion dated June 20, 2020; telephonic rulings

and order dated November 18, 2020; post-trial Memorandum Opinion dated July 30,

2021; Order Denying Motions for Reargument dated September 17, 2021;

Telephonic Bench Ruling dated December 27, 2021; Order dated June 1, 2022;

Bench Ruling and Orders dated December 5, 2022; Order Denying Motions for

Reargument dated February 1, 2023; Letter Decision dated April 6, 2023; and Order

and Final Judgment dated July 7, 2023.

NOW, THEREFORE, IT IS ORDERED that the judgment of the Court of

Chancery is AFFIRMED.

BY THE COURT:

/s/ Collins J. Seitz, Jr.
Chief Justice
State of North Carolina v. Dejerod Thomas Clapp

No. 307P16

Supreme Court of North Carolina.

December 8, 2016.

Ms. Lisa Miles, Attorney at Law, For Clapp, Dejerod Thomas.

*524Mr. K. D. Sturgis, Special Deputy Attorney General, Mr. J. Douglas Henderson, District Attorney, For State of North Carolina.

***ORDER***

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by Defendant on the 19th of August 2016 in this matter pursuant to G.S. 7A-30 (substantial constitutional question), the following order was entered and is hereby certified to the North Carolina Court of Appeals: the notice of appeal is

"Dismissed Ex Mero Motu by order of the Court in conference, this the 8th of December 2016."

Upon consideration of the petition filed on the 19th of August 2016 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 8th of December 2016."
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 08-6127

UNITED STATES OF AMERICA, 

 Plaintiff – Appellee, 

 v. 

MIGUEL ANGEL LARA-ALVAREZ, 

 Defendant – Appellant. 

No. 08-6165

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee, 

 v. 

MIGUEL ANGEL LARA-ALVAREZ, 

 Defendant – Appellant. 

Appeals from the United States District Court for the Eastern 

District of North Carolina, at Raleigh. James C. Fox, Senior 

District Judge. (7:01-cr-00130-F-3; 7:05-cv-00069-F) 

Submitted: September 30, 2008 Decided: October 24, 2008 

Before MOTZ, TRAXLER, and GREGORY, Circuit Judges. 

Dismissed by unpublished per curiam opinion. 
Miguel Angel Lara-Alvarez, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit. 

2 
3 

PER CURIAM: 

Miguel Angel Lara-Alvarez seeks to appeal the district 

court’s orders denying relief on his 28 U.S.C. § 2255 (2000) 

motion and denying his motion for a certificate of 

appealability. An order denying relief in a § 2255 proceeding 

is not appealable unless a circuit justice or judge issues a 

certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A 

certificate of appealability will not issue absent “a 

substantial showing of the denial of a constitutional right.” 

28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this 

standard by demonstrating that reasonable jurists would find 

that any assessment of the constitutional claims by the district 

court is debatable or wrong and that any dispositive procedural 

ruling by the district court is likewise debatable. Miller-El 

v. Cockrell, 537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 

U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th 

Cir. 2001). We have independently reviewed the record and 

conclude that Lara-Alvarez has not made the requisite showing. 

Accordingly, we deny a certificate of appealability and dismiss 

the appeals. 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. 

DISMISSED
# C_2008327EN.01000301.xml

| 20.12.2008 | EN | Official Journal of the European Union | C 327/3 |
| --- | --- | --- | --- |

20.12.2008

EN

Official Journal of the European Union

C 327/3

---

Judgment of the Court (Second Chamber) of 6 November 2008 — Hellenic Republic v Commission of the European Communities

(Case C-203/07 P) (1)

1

(Appeal - Project to set up a common diplomatic representation in Abuja (Nigeria) - Reimbursement of sums owed by the Hellenic Republic - Offsetting against the amount to be paid by the Commission under the Regional Operational Programme for mainland Greece)

(2008/C 327/04)

Language of the case: Greek

Parties

Appellant: Hellenic Republic (represented by: P. Mylonopoulos, S. Trekli and Z. Stavridi, acting as Agents)

Appellant:

Other party to the proceedings: Commission of the European Communities (represented by: I. Zervas and D. Triantafyllou, acting as Agents)

Other party to the proceedings:

Re:

Appeal brought against the judgment of the Court of First Instance (First Chamber) of 17 January 2007 in Case T-231/04 Hellenic Republic v Commission of the European Communities, by which the Court of First Instance dismissed as unfounded an action for annulment of the Commission decision to proceed to recovery by the offsetting of sums owed by Greece following its participation in the Abuja I and II projects to create a common diplomatic mission of the countries of the European Union in Abuja (Nigeria)

Hellenic Republic

Commission of the European Communities

Operative part of the judgment

The Court:

| 1. | Dismisses the appeal. |
| --- | --- |

1.

Dismisses the appeal.

| 2. | Orders the Hellenic Republic to pay the costs. |
| --- | --- |

2.

Orders the Hellenic Republic to pay the costs.

---

(1)  OJ C 155, 7.7.2007.

1

---
EXHIBIT 21

                         SUBSIDIARIES OF THE REGISTRANT

Parent
------

TF Financial Corporation


                                                 Percentage    Jurisdiction of
Subsidiaries                                     Owned         Incorporation
------------                                     --------      ---------------

Third Federal Savings Bank (a)                   100%          United States

TF Investments Corporation (a)                   100%          Delaware

Teragon Financial Corporation (a)                100%          Pennsylvania

Penns Trail Development Corporation (a)          100%          Delaware

Third Delaware Corporation (a)(b)                100%          Delaware

---------------
(a)      The  operations  of this  subsidiary  are included in the  consolidated
         financial   statements   contained   in  the  2001  Annual   Report  to
         Stockholders incorporated herein by reference.

(b)      Third  Delaware  Corporation  is a  wholly-owned  subsidiary  of  Third
         Federal Savings Bank.
EXHIBIT 32.1

               CERTIFICATES OF CHIEF EXECUTIVE OFFICER PURSUANT TO
         SECTION 906 OF THE SARBANES-OXLEY ACT OF 2003 (18 U.S.C. 1350)

      Solely for the purposes of complying with 18 U.S.C. ss. 1350, I, the
undersigned Chief Executive Officer of Sew Cal Logo, Inc. (the "Company"),
hereby certify, based on my knowledge, that the Quarterly Report on Form 10-QSB
of the Company for the quarter ended November 30, 2004 (the "Report"):

      1. Fully complies with the requirements of Section 13(a) of the Securities
Exchange Act of 1934: and

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



/s/ Richard Songer
-----------------------
Richard Songer
Chief Executive Officer
April 15, 2006
# C_2010037EN.01003302.xml

| 13.2.2010 | EN | Official Journal of the European Union | C 37/33 |
| --- | --- | --- | --- |

13.2.2010

EN

Official Journal of the European Union

C 37/33

---

Judgment of the General Court of 10 December 2009 — Cofac v Commission

(Case T-159-07) (1)

1

(ESF - Reduction of financial assistance - Training schemes - Rights of the defence - Right to a fair hearing)

2010/C 37/43

Language of the case: Portuguese

Parties

Parties

Applicant: Cofac — Cooperativa de Formação e Animação Cultural, CRL (Lisbon, Portugal) (represented by: L. Gomes, J. Ortigão and C. Peixoto, lawyers)

Applicant:

Defendant: European Commission (represented by: P. Guerra e Andrade and A. Steiblytė, Agents)

Defendant:

Re:

Re:

Annulment of Commission Decision D(2004) 24253 of 9 November 2004 reducing the amount of assistance granted to the applicant by the European Social Fund by Decision No C(87) 0860 of 30 April 1987 for training schemes (file No 870927 P1)

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Cofac — Cooperativa de Formação e Animação Cultural, CRL to pay the costs. |
| --- | --- |

2.

Orders Cofac — Cooperativa de Formação e Animação Cultural, CRL to pay the costs.

---

(1)  OJ C 155, 7.7.2007.

1

---
Opinion filed October 23, 2008

In The

Eleventh Court of Appeals

__________

No. 11-08-00228-CR

__________

 ERIC CORREA JIMENEZ, Appellant

V.

 STATE OF TEXAS, Appellee

On Appeal from the 29th District Court

 Palo Pinto County, Texas

Trial Court Cause No. 13360

M E M O R A N D U M O P I N I O N

Eric Correa Jimenez has filed in this court a motion to withdraw his notice of appeal. The

motion is signed by counsel and supported by appellant’s affidavit. The motion is granted, and the

appeal is dismissed.

PER CURIAM

October 23, 2008

Do not publish. See TEX. R. APP. P. 47.2(b).

Panel consists of: Wright, C.J.,

McCall, J., and Strange, J.
# C_2008183EN.01003004.xml

| 19.7.2008 | EN | Official Journal of the European Union | C 183/30 |
| --- | --- | --- | --- |

19.7.2008

EN

Official Journal of the European Union

C 183/30

---

Order of the Court of First Instance of 9 June 2008 — Malheiro v Commission

(Case T-228/07) (1)

1

(2008/C 183/59)

Language of the case: English

Language of the case: English

The President of the Fourth Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 24, 8.9.2007.

1

---
<PAGE>   1



                                                                    EXHIBIT 23.2





                              ACCOUNTANTS' CONSENT




The Members
CapStar Winston Company, L.L.C.:

We consent to incorporation by reference in the registration statements of
Winston Hotels, Inc. on Form S-3 (File Nos. 333-86457, 33-93516, 333-32713 and
333-60651) and Form S-8 (File Nos. 333-19197, 333-60619 and 333-60079) of our
report dated March 2, 2001 relating to the balance sheets of CapStar Winston
Company, L.L.C. as of December 31, 2000 and 1999 and the related statements of
operations, members' capital and cash flows for each of the years in the
three-year period ended December 31, 2000, which report appears in the December
31, 2000 annual report on Form 10-K of Winston Hotels, Inc.



                                                /s/ KPMG LLP





Washington, D.C.
March 17, 2001
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          SEP-30-1996
<PERIOD-START>                             OCT-01-1995
<PERIOD-END>                               SEP-30-1996
<EXCHANGE-RATE>                                      1
<CASH>                                           9,097
<SECURITIES>                                    36,798
<RECEIVABLES>                                   28,984
<ALLOWANCES>                                     1,954
<INVENTORY>                                          0
<CURRENT-ASSETS>                                75,975
<PP&E>                                          14,435
<DEPRECIATION>                                  10,261
<TOTAL-ASSETS>                                  83,476
<CURRENT-LIABILITIES>                           22,686
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            97
<OTHER-SE>                                      60,065
<TOTAL-LIABILITY-AND-EQUITY>                    83,476
<SALES>                                         43,382
<TOTAL-REVENUES>                                73,329
<CGS>                                            3,106
<TOTAL-COSTS>                                   18,238
<OTHER-EXPENSES>                                40,485
<LOSS-PROVISION>                                   766
<INTEREST-EXPENSE>                                  38
<INCOME-PRETAX>                                 16,497
<INCOME-TAX>                                     6,451
<INCOME-CONTINUING>                             10,046
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    10,046
<EPS-PRIMARY>                                     1.00
<EPS-DILUTED>                                     1.00
        

</TABLE>
In the MATTER OF: J.M.N. and J.M.N.

No. COA17-129

Court of Appeals of North Carolina.

Filed: August 1, 2017

AFFIRMED.