alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be published

and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 98-40672

Summary Calendar

In re: JASPER CALHOUN ROWE,

Debtor

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

JASPER CALHOUN ROWE,

Appellant,

versus

MICHAEL GROSS; BERKELEY FEDERAL BANK & TRUST FSB,

Now Ocwen Federal Bank,

Appellees.

Appeal from the United States District Court

for the Eastern District of Texas

(4:97-CV-93)

April 2, 1999

Before WISDOM, JONES, and EMILIO M. GARZA, Circuit Judges.

Per Curiam:*

In November of 1996, appellant Jasper Rowe filed a Chapter 13 bankruptcy petition for

the fifth time in a thirty-three month period. The bankruptcy court dismissed the petition and

voided the automatic stay provisions of Chapter 13, allowing Rowe’s creditor, Ocwen Federal

Bank & Trust, to foreclose on Rowe’s home and sell the property. Rowe now appeals that ruling. 
 

2

 R. vol. 1 at 119.

We affirm.

Rowe contends that the bankruptcy court abused its discretion in voiding the automatic

stay and dismissing the petition. Rowe further contends that in taking these actions, the

bankruptcy court denied him his rights to due process under the Fifth and Fourteenth

Amendments, and under 11 U.S.C. §§ 1307 (b) and (c). We disagree. 

Having reviewed the record, we hold that there is more than enough evidence to support

the district court’s finding that Rowe’s actions were “wholly abusive of the bankruptcy code’s

tenets.”2 It is clear from the record that Rowe had no intention to genuinely reorganize, and that

his actions were taken solely to interfere improperly with Ocwen’s foreclosure proceedings.

On the basis of the foregoing, the judgment of the district court is AFFIRMED.
STATE of North Carolina v. James Earl SATTERWHITE, Defendant.

No. COA18-249

Court of Appeals of North Carolina.

Filed: November 6, 2018

NO ERROR.
# C_2004181EN.01000402.xml

| 14.7.2004 | EN | Official Journal of the European Union | C 181/4 |
| --- | --- | --- | --- |

14.7.2004

EN

Official Journal of the European Union

C 181/4

---

Non-opposition to a notified concentration

(Case No COMP/M.3432 — TOTAL LUBRIFIANTS/ENDEL/DAENERYS JV)

(2004/C 181/04)

(Text with EEA relevance)

On 3 June 2004, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EEC) No 4064/89. The full text of the decision is available only in French and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/) free of charge. This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/) free of charge. This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form in the ‘CEN’ version of the CELEX database, under document number 304M3432. CELEX is the computerized documentation system of European Community law. For more information on how to access Celex, see ‘subscriber information’ links below: |
| --- | --- |

—

in electronic form in the ‘CEN’ version of the CELEX database, under document number 304M3432. CELEX is the computerized documentation system of European Community law. For more information on how to access Celex, see ‘subscriber information’ links below:

CELEX: subscriber information

http://publications.eu.int/general/en/eulaw_en.htm

---
STATE v. James Harold COURTNEY, III

160PA18-1

Supreme Court of North Carolina.

October 18, 2018

Amanda S. Zimmer, Assistant Appellate Defender, for Courtney, James Harold (III).

Glenn Gerding, Appellate Defender.

Jess D. Mekeel, Assistant Attorney General, N. Lorrin Freeman, 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 17th of October 2018 by State of NC:

"Motion Allowed by order of the Court in conference, this the 18th of October 2018."

State of NC shall have up to and including the 21st day of November 2018 to file and serve his/her brief with this Court.
Exhibit 32

  Certifications Required by Section 1350 of Title 18 of the United States Code

      Pursuant to Section  906 of the  Sarbanes-Oxley  Act of 2002,  each of the
undersigned  hereby  certifies  in his or her  capacity as an officer of PennFed
Financial  Services,  Inc. (the "Company") that the Annual Report of the Company
on Form  10-K  for the  period  ended  June 30,  2005  fully  complies  with the
requirements  of Section 13(a) of the  Securities  Exchange Act of 1934 and that
the  information  contained  in such report  fairly  presents,  in all  material
respects, the financial condition and results of operations of the Company as of
the dates and for the periods presented in the financial  statements included in
such report.




                                     By: /s/ Joseph L. LaMonica
                                         --------------------------------------
                                         Joseph L. LaMonica
                                         President and Chief
                                         Executive Officer

                                         Date: September 13, 2005


                                     By: /s/ Claire M. Chadwick
                                         --------------------------------------
                                         Claire M. Chadwick
                                         Executive Vice President,
                                         Chief Financial Officer and Controller

                                         Date: September 13, 2005
<PAGE>

                                                                    EXHIBIT 31.2

                CERTIFICATION OF THE PRINICIPAL FINANCIAL OFFICER

I, Julia A. Fratianne, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Kahiki Foods, 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)) for the registrant and have:

      (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) 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

      (c) 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

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):

      (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: August 25, 2005


/s/ Julia A. Fratianne
-------------------------------------
Julia A. Fratianne, Treasurer and CFO
(Principal Financial Officer)

                                       17
EXHIBIT 23

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by reference in Registration Statements Nos.
33-90820, 33-90822, 333-42685 and 333-47591 of PennFed Financial Services, Inc.
on Forms S-8, and Registration Statement No. 333-20499 of PennFed Financial
Services, Inc. on Form S-3 of our report dated August 27, 2004, appearing in
this Annual Report on Form 10-K of PennFed Financial Services, Inc. for the year
ended June 30, 2004.


/s/ Deloitte & Touche LLP

Parsippany, New Jersey
September 13, 2004
Exhibit 23 (a)



Consent of Independent Public Accountants



The Board of Directors

BANK ONE CORPORATION



We consent to the incorporation by reference in the registration statements listed below of Bank One Corporation of our report dated
January 16, 2003, relating to the consolidated balance sheets of Bank One Corporation and subsidiaries as of December 31, 2002 and 2001 and the related consolidated statements of income, stockholders equity, and cash flows for the years then
ended, which report appears in the 2002 Annual Report to Stockholders which is included in Bank One Corporations 2002 Form 10-K. The consolidated statements of income, stockholders equity, and cash flows of Bank One Corporation for the
year ended December 31, 2000 have been audited by the Corporations predecessor auditors, who have ceased operations. Those auditors expressed an unqualified opinion on those consolidated financial statements in their report dated January 17,
2001.



Registration Statements of BANK ONE
CORPORATION on Form S-8:



|Registration Number |  | Registration Number |  | Registration Number |  | Registration Number
|------------------- |  | ------------------- |  | ------------------- |  | -------------------
|33-03470            |  | 33-46189            |  | 33-58923            |  | 333-52503          
|33-14475            |  | 33-53752            |  | 333-00445           |  | 333-63837          
|33-10822            |  | 33-55172            |  | 333-26929           |  | 333-32053          
|33-18277            |  | 33-55174            |  | 333-27631           |  | 333-60313          
|33-27849            |  | 33-54100            |  | 333-28281           |  | 333-93905          
|33-34294            |  | 33-61760            |  | 333-29395           |  | 333-60338          
|33-37400            |  | 33-61758            |  | 333-30419           |  | 333-60332          
|33-20890            |  | 33-60424            |  | 333-30421           |  | 333-60334          
|33-20990            |  | 33-50117            |  | 333-30425           |  | 333-60336          
|33-40041            |  | 33-55149            |  | 333-30429           |  | 333-102830         
|33-45473            |  | 33-55315            |  | 333-56739           |  |                    





Registration Statements of BANK ONE CORPORATION on Form S-3:



|Registration Number |  | Registration Number |  | Registration Number |  | 
|------------------- |  | ------------------- |  | ------------------- |  | 
|333-38387           |  | 333-80903           |  | 333-47022           |  | 
|333-72791           |  | 333-38756           |  | 333-70940           |  | 
|333-65451           |  | 333-45598           |  |                     |  | 







/S/    KPMG LLP



Chicago, Illinois

March 5, 2003
Exhibit 32.1
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
REQUIRED BY RULE 13a-14(b) or RULE 15d-14(b)
AND SECTION 906 OF THE SARBANES-OXLEY ACT
OF 2002, 18 U.S.C. SECTION 1350
  (1)
    
    The Report fully complies with the requirements of section 13(a) or 15(d) of
the Securities Exchange Act of 1934; and(2)
    
    The information contained in the Report fairly presents, in all material
respects, the financial condition and result of operations of the Company.
 /s/ BENJAMIN G. WOLFFBenjamin G. WolffChief Executive Officer
Clearwire Corporation
August 8, 2008
STATE of North Carolina v. Christopher Lee LACLAIRE, Defendant.

No. COA17-1122

Court of Appeals of North Carolina.

Filed: October 2, 2018

DISMISSED; REMANDED FOR CORRECTION OF A CLERICAL ERROR.
EXHIBIT 10.1


 





[MISONIX Letterhead]


 


April 8, 2013


 


 


Robert S. Ludecker


4 Wild Briar Court


Mount Sinai, NY 11766


 


 


Re: Offer Letter


 


Dear Scott:


 


I am very pleased to offer you the position
of Global Vice President of Sales and Marketing for Misonix, Inc.


 


Upon joining Misonix, Inc., you will receive
a base salary of $200,000 annually, paid in twenty four semimonthly payments of $8333.33. You will also be eligible to receive
a $50,000 bonus, based on the accomplishments of goals that we establish within 60 days of your start date. A $600.00 monthly vehicle
allowance will be authorized to you. You will receive your assignments and report directly to me: (Michael A McManus, Jr.), President
and Chief Executive Officer of Misonix.


 


Upon your first day of service you will be
eligible for medical and dental insurance. After 60 days of service, you will receive short term disability, long term disability
at no out of pocket cost to you. At this time you will also receive one times your annual salary in life insurance and an additional
$250,000 in life insurance as an officer of Misonix, Inc.


 


After six months of service, you will be eligible
to participate in the Misonix, Inc. retirement plan (401k) Misonix, Inc. matches 10% of all money that you contribute to the plan.


 


As an officer of Misonix, Inc., you will receive
120 hours of vacation time and 40 hours of personal time off.


 


We request that you fully disclose to Misonix,
Inc., any and all agreements relating to your prior employment that may affect your eligibility to be employed by Misonix, Inc.
or limit you from performing the duties of a Global Vice President of Sales and Marketing. Moreover, you agree that during the
term of your employment with Misonix, Inc. you will not participate or engage in any other employment in which Misonix, Inc. is
currently involved or becomes involved with.


 


As a condition of employment, you sign and
comply with a Mutual Employment Agreement. A copy of this Agreement is enclosed for your review.


 


 


 


 


 


Sincerely,


 


 


/s/ Michael A. McManus 


Michael A. McManus


President and CEO
STATE of North Carolina v. Antwaun Kyral SIMS

No. 297PA18

Supreme Court of North Carolina.

December 5, 2018

David W. Andrews, Assistant Appellate Defender, Ben Finholt, Attorney at Law, for Sims, Antwaun Kyral.

Glenn Gerding, Appellate Defender.

Kimberly N. Callahan, Assistant Attorney General, Ernie Lee, District Attorney, for State of North Carolina

***ORDER***

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant on the 11th of September 2018 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the State of NC, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

Upon consideration of the petition filed on the 11th of September 2018 by Defendant in *810this 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:

"Allowed by order of the Court in conference, this the 5th of December 2018."

Therefore the case is docketed as of the date of this order's certification. Briefs of the respective parties shall be submitted to this Court within the times allowed and in the manner provided by Appellate Rule 15 (g)(2).
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 the Treasury

###### Fiscal Service

# AGENCY:

Financial Management Service, Fiscal Service, Treasury.

# ACTION:

Notice. 

# SUMMARY:

This notice announces the appointment of members to the Financial Management Service (FMS) Performance Review Board (PRB).

# DATES:

This notice is effective on October 5, 2005.

# FOR FURTHER INFORMATION CONTACT:

Kenneth R. Papaj, Deputy Commissioner, Financial Management Service, 401 14th Street, SW., Washington, DC; telephone (202) 874-7000.

# SUPPLEMENTARY INFORMATION:

Pursuant to 5 U.S.C. 4314(c)(4), this notice is given of the appointment of individuals to serve as members of the FMS PRB. This Board reviews the performance appraisals of career senior executives below the Assistant Commissioner level and makes recommendations regarding ratings, bonuses, and other personnel actions. Four voting members constitute a quorum. The names and titles of the FMS PRB members are as follows:

### Primary Members

Kenneth R. Papaj, Deputy Commissioner; 

Nancy C. Fleetwood, Assistant Commissioner, Information Resources; 

Gary Grippo, Assistant Commissioner, Federal Finance; 

James M. Mills, Assistant Commissioner, Debt Management Services; 

Judy Tillman, Assistant Commissioner, Regional Operations.

### Alternate Members

Scott Johnson, Assistant Commissioner, Management (Chief Financial Officer);

Kerry Lanham, Assistant Commissioner, Agency Services;

Wanda Rogers, Assistant Commissioner, Financial Operations;

Donald J. Sturgill, Assistant Commissioner, Governmentwide Accounting Operations.

Dated: September 29, 2005.

Kenneth R. Papaj,

Deputy Commissioner.

[FR Doc. 05-19900  Filed 10-4-05; 8:45 am]

BILLING CODE 4810-35-M
Document Headings

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

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Education

# FOR FURTHER INFORMATION CONTACT:

                        Amy Wilson, U.S. Department of Education, 1990 K Street, NW, room 6094, Washington, DC 20006-8526. Telephone: (202) 502-7689 or e-mail:                         *amy.wilson@ed.gov*.                     

If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service (FRS) at 1-800-877-8339. 

Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the program contact person listed in this section. 

## VIII. Other Information 

*Electronic Access to This Document:*                         You may view this document, as well as all other documents of this Department published in the                         **Federal Register**                        , in text or Adobe Portable Document Format (PDF) on the Internet at the following site:                         *http://www.ed.gov/​news/​fedregister*.                     

To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC area at (202) 512-1530. 

# Note:

                            The official version of this document is the document published in the                             **Federal Register**                            . Free Internet access to the official edition of the                             **Federal Register**                             and the Code of Federal Regulations is available on GPO Access at:                             *www.gpoaccess.gov/​nara/​index.html*.                        

Dated: October 5, 2005. 

Sally L. Stroup, 

Assistant Secretary for Postsecondary Education. 

[FR Doc. 05-20366 Filed 10-7-05; 8:45 am] 

BILLING CODE 4000-01-U
#### In re Appeal of Decision of DISCIPLINARY BOARD NO. 02-PDB-169.

No. 2003-OB-1512.

Supreme Court of Louisiana.

Aug. 29, 2003.

In re McBride, Robin;—Plaintiff; Applying for Appeal of Decision of Disciplinary Board Office of the Disciplinary Board, No. 02-PDB-169.

Leave to appeal denied.