alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
WALKER v. KNATS CREEK NURSERY, INC.

39P18-2

Supreme Court of North Carolina.

August 14, 2018

Mr. Russell F. Walker, for Walker, Russell F.

Mr. Arthur M. Blue, Carthage, Attorney at Law, for Knats Creek Nursery, Inc.

The following order has been entered on the motion filed on the 27th of July 2018 by Defendant for Sanctions:

"Motion Denied by order of the Court in conference, this the 14th of August 2018."
----

|   | (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. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:  May 16, 2011 |   | By:    | /s/ Louis E. Ryan                  |   |
|--------------------------------|--------|--------|------------------------------------|--------|
|                           |   |   | Louis E. Ryan                      |
|                           |   |   | Chief Executive Officer and        |
|                           |   |   | Chairman of the Board of Directors |
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-START>                             APR-01-1996
<PERIOD-END>                               MAR-31-1997
<CASH>                                               6
<SECURITIES>                                         0
<RECEIVABLES>                                        9
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                    47
<PP&E>                                           7,814
<DEPRECIATION>                                   7,797
<TOTAL-ASSETS>                                   2,893
<CURRENT-LIABILITIES>                              482
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            28
<OTHER-SE>                                       2,383
<TOTAL-LIABILITY-AND-EQUITY>                     2,893
<SALES>                                             21
<TOTAL-REVENUES>                                    22
<CGS>                                                1
<TOTAL-COSTS>                                        1
<OTHER-EXPENSES>                                   214
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   5
<INCOME-PRETAX>                                  (198)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              (198)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (198)
<EPS-PRIMARY>                                   (.007)
<EPS-DILUTED>                                   (.007)
        

</TABLE>
##### 



EXHIBIT 24 POWER OF ATTORNEY I, the undersigned Director and/or Officer of Conexant Systems, Inc., a Delaware corporation
(the Company), hereby constitute DWIGHT W. DECKER, DENNIS E. OREILLY and JASMINA THEODORE
BOULANGER and each of them singly, my true and lawful attorneys with full power to them and each of
them to sign for me, and in my name and in the capacity or capacities indicated below, the
Companys Annual Report on Form 10-K for the fiscal year ended September 30, 2004, and any
amendments thereto. Signature
    
    Title
    
    Date/s/ Dwight W. Decker
Dwight W. Decker
    
    Chairman of the Board of Directors
and Chief Executive Officer
(principal executive officer)
    
    December 8, 2004/s/ J. Scott Blouin
J. Scott Blouin
    
    Senior Vice President and Chief
Financial Officer
(Principal Financial and
Accounting Officer)
    
    December 8, 2004/s/ Donald R. Beall
Donald R. Beall
    
    Director
    
    December 8, 2004/s/ Steven J. Bilodeau
Steven J. Bilodeau
    
    Director
    
    December 8, 2004/s/ Ralph J. Cicerone
Ralph J. Cicerone
    
    Director
    
    December 8, 2004/s/ Dipanjan Deb
Dipanjan Deb
    
    Director
    
    December 8, 2004/s/ F. Craig Farrill
F. Craig Farrill
    
    Director
    
    December 8, 2004/s/ Balakrishnan S. Iyer
Balakrishnan S. Iyer
    
    Director
    
    December 8, 2004




---



##### 



Signature
    
    Title
    
    Date/s/ John W. Marren
John W. Marren
    
    Director
    
    December 8, 2004/s/ D. Scott Mercer
D. Scott Mercer
    
    Director
    
    December 8, 2004/s/ Jerre L. Stead
Jerre L. Stead
    
    Director
    
    December 8, 2004/s/ Giuseppe P. Zocco
Giuseppe P. Zocco
    
    Director
    
    December 8, 2004
#### SOUTHERN PACIFIC TRANSPORTATION COMPANY, Appellant, v. WILLIAM A. FITZGERALD, Respondent.

No. 9055

June 14, 1978

579 P.2d 1251

*Vargas, Bartlett & Dixon,*Reno, for Appellant.

*Peter Chase Neumann,*Reno, for Respondent.

ORDER ON REHEARING

In its petition for rehearing appellant challenges the portion of our opinion which said: “It is unclear whether any bona fide offers [of employment] were in fact made,” by Southern Pacific to Fitzgerald.

*246The challenge is without merit. Southern Pacific’s counsel failed throughout the trial to tender any evidence confirming the existence of any job offer. He did not even make an offer of proof until all the evidence had been presented. Prior to that time, he had repeatedly stated that no definite job offer had in fact been made.

The issue initially arose in the context of a motion in limine by Fitzgerald to exclude any reference to job offers. The court reserved ruling at that time and told appellant’s attorney to bring the matter up again during trial.

During cross-examination of respondent, appellant’s counsel asked: “Have you had discussions with [Mr. Cody] concerning reemployment?” Fitzgerald objected, and during argument on the objection, appellant’s counsel finally conceded: “[T]here is no formal job offer here.” Thus, appellant in effect told the court that the question was irrelevant.

Later, during direct testimony of a Southern Pacific employee, their counsel again tried to elicit testimony relating to reemployment. Fitzgerald’s counsel objected, and again appellant’s counsel told the court: “Mr. Cody had the opportunity to make the offer, but it does not indicate that the offer was in fact made.”

However, after testimony had been presented, without recalling any witness, appellant’s counsel made his offer of proof, which contradicted all of his prior representations to the court. At that point, he finally indicated that a definite job offer had been made.

If appellant’s counsel learned, after presentation of the evidence, that a definite job offer had in fact been made, he merely had to recall his witness and attempt to extract such testimony before he rested his case. An offer of proof obviously is not a proper substitute for the tender of evidence which has never been presented and ruled upon. Apparently, counsel made his last-ditch offer of proof for the sole purpose of attempting to save the issue for appeal.

Moreover, if an error was indeed committed by the exclusion of the job offers, it was obviously invited and fostered by appellant’s representations to the court each time the issue arose during trial.

Rehearing denied.

It is so ORDERED.
# United States Court of Appeals For the Eighth Circuit

___________________________

No. 19-2892

___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee

v. Terrance Dion Rush lllllllllllllllllllll Defendant - Appellant

____________ Appeal from United States District Court for the Northern District of Iowa - Cedar Rapids

____________ Submitted: November 17, 2020 Filed: November 20, 2020 [Unpublished]

____________ Before ERICKSON, WOLLMAN, and STRAS, Circuit Judges.

____________ PER CURIAM. Terrence Rush appeals after he pleaded guilty to a drug offense and to being a felon in possession of a firearm, and the district court 1 imposed sentence. He

1 The Honorable C.J. Williams, United States District Judge for the Northern District of Iowa.contends that there was insufficient evidence supporting his guilty plea to being a

felon in possession of a firearm. He also challenges his sentence and asserts that he received ineffective assistance of counsel. We conclude that there was a sufficient factual basis for Rush’s guilty plea to the felon-in-possession charge. See United States v. Christenson, 653 F.3d 697, 700 (8th Cir. 2011) (reviewing challenge to unobjected-to factual basis for guilty plea for plain error); United States v. Garcia-Hernandez, 803 F.3d 994, 997 (8th Cir. 2015) (mens rea requirement does not apply to interstate-commerce element of 18 U.S.C. § 922(g)); see also Rehaif v. United States, 139 S. Ct. 2191, 2196 (2019) (presumption in favor of scienter requirement does not apply to jurisdictional elements). In addition, we find no merit to Rush’s sentencing challenge, and we decline to address any claims of ineffective assistance of counsel in this direct appeal. See United States v. Hernandez, 281 F.3d 746, 749 (8th Cir. 2002) (in general, ineffective-assistance claim is not cognizable on direct appeal; such claim is properly raised in 28 U.S.C. § 2255 action). Accordingly, we affirm. See 8th Cir. R. 47B.

______________________________

-2-
#### In the Matter of the Application of The Public Service Commission for the First District of the State of New York, Respondent, Relative to Acquiring Title to Premises on Mott Avenue and Exterior Street in the Borough of The Bronx. Bradley L. Eaton et al., Appellants.

*Matter of Public Service Comm. (Mott Ave.),*184 App. Div. 892, affirmed.

(Argued May 29, 1918;

decided June 14, 1918.)

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 21, 1918, which unanimously affirmed an order of Special Term confirming the report of commissioners of appraisal appointed in proceedings to acquire a permanent and exclusive underground right-, easement, and right of way; a temporary right and easement, and a temporary and exclusive right and easement in and to portions of certain premises situated on the westerly side of Mott avenue and the easterly side of Exterior street, south of East One Hundred and Thirty-eighth street in the borough of The Bronx, city of New York, required for the purpose of the construction, maintenance and operation in perpetuity of a rapid transit railroad, known as the *568Seventh Avenue-Lexington Avenue Line. The appellants contended that the award was inadequate.

*James B. Beering*and *James J. Bunn*for appellants.

*William P. Burr, Corporation Counsel (Charles J. Nehrbas, Terence Farley*and *Henry W. Mayo*of counsel), for respondent.

Order affirmed, with costs; no opinion.

Concur: Chase, Hogan, Pound, McLaughlin, Crane and Andrews, JJ. Not sitting: Hiscock, Ch. J.
<PAGE>

                  [R.T. GARCIA & CO., INC. LOGO APPEARS HERE]

                                                                    EXHIBIT 23.2

                            R.T. GARCIA & CO., INC.
                 Petroleum Engineering - Management Consulting



                              September 26, 1997



     We do hereby grant consent to Bellwether Exploration Company for the 
reference to, or the inclusion of, our Reserve Report for Associated Gas 
Resources, Inc. for the fiscal year ending June 30th, 1995, in the Bellwether 
Exploration Company Form 10-K annual report.

                                            R.T. GARCIA & CO., INC.


                                                 /s/ RAYMOND T. GARCIA
                                            _________________________________
                                            Raymond T. Garcia, P.E.
                                            President
June 25, 2015

JUDGMENT

The Fourteenth Court of Appeals

RICHARD GENE SOLOMON, Appellant

NO. 14-14-00134-CR V.

THE STATE OF TEXAS, Appellee

________________________________

This cause was heard on the transcript of the record of the court below. 

Having considered the record, this Court holds that there was no error in the 

judgment. The Court orders the judgment AFFIRMED.

We further order this decision certified below for observance.
#### STATE OF NORTH CAROLINA v. ROBERT WESLEY SELLS

No. 7520SC595

(Filed 19 November 1975)

Appeal by defendant from *Chess, Judge.*Judgment entered- 13 February 1975 in Superior Court, Stanly County. Heard in the Court of Appeals 23 October 1975.

*Attorney General Edmisten, by Special Deputy Attorney General Myron C. Banks, for the State.*

*Brown, Brown & Brown, by Fred Stokes, for defendant appellant.*

MORRIS, PARKER, and MARTIN, Judges.

No error.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5366 Referred in Senate (RFS)]

111th CONGRESS
  2d Session
                                H. R. 5366

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 16, 2010

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT

 
To require the proposal for debarment from contracting with the Federal 
 Government of persons violating the Foreign Corrupt Practices Act of 
                                 1977.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Overseas Contractor Reform Act''.

SEC. 2. REQUIREMENT TO PROPOSE FOR DEBARMENT PERSONS VIOLATING THE 
              FOREIGN CORRUPT PRACTICES ACT.

    (a) Requirement To Propose for Debarment.--Unless waived by the 
head of a Federal agency under subsection (b), any person found to be 
in violation of the Foreign Corrupt Practices Act of 1977 shall be 
proposed for debarment from any contract or grant awarded by the 
Federal Government within 30 days after a final judgment of such 
violation.
    (b) Waiver.--The head of a Federal agency may waive this section 
for a Federal contract or grant. Any such waiver shall be reported to 
Congress by the head of the agency concerned within 30 days from the 
date of the waiver, along with an accompanying justification.
    (c) Final Judgment.--For purposes of this section, a judgment 
becomes final when all appeals of the judgment have been finally 
determined, or all time for filing such appeals has expired.
    (d) Definitions.--In this section:
            (1) Contract.--The term ``contract'' means a binding 
        agreement entered into by a Federal agency for the purpose of 
        obtaining property or services.
            (2) Person.--The term ``person'' includes--
                    (A) an individual;
                    (B) a partnership; and
                    (C) a corporation.
            (3) Foreign corrupt practices act of 1977.--The term 
        ``Foreign Corrupt Practices Act of 1977'' means--
                    (A) section 30A of the Securities Exchange Act of 
                1934 (15 U.S.C. 78dd-1); and
                    (B) sections 104 and 104A of the Foreign Corrupt 
                Practices Act (15 U.S.C. 78dd-2).

SEC. 3. GOVERNMENTAL POLICY.

    It is the policy of the United States Government that no Government 
contracts or grants should be awarded to individuals or companies who 
violate the Foreign Corrupt Practices Act of 1977.

            Passed the House of Representatives September 15, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
```
**Exhibit 23.1**

 

CONSENTOF INDEPENDENT AUDITORS

 

Cubic Energy, Inc.

 

We hereby consent to the use in the Form 10-Kfiling of our report dated September 28, 2010, relating to the balancesheet of Cubic Energy, Inc. as of June 30, 2010 and 2009, and therelated statements of operations, changes in shareholders’ equity, and cashflows for each of the three years in the period ended June 30, 2010, whichare contained in that filing.

 
|   | PHILIP VOGEL & CO., PC |
|--------|---------------------------------|
|   |                            |
|   |                                 |

 

Dallas, Texas

September 28, 2010

 

----
EXHIBIT 32.2   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 Timberline Resources Corporation (the Company) on Form 10-Q for the quarter ended June 30, 2011, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Randal Hardy, 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: August 5, 2011 By:   /s/ Randal Hardy
_____________________________
Randal Hardy
Chief Financial Officer
Principal Financial Officer   The foregoing certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the United States Code) and is not being filed as part of the Report or as a separate disclosure document.    1
<PAGE>
                                                                    EXHIBIT 32.2


                                CERTIFICATION OF
                             CHIEF FINANCIAL OFFICER
                        OF MISSION RESOURCES CORPORATION

This certification is provided pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, 18 U.S.C. Section 1350, and accompanies the annual report on Form 10-K
(the "FORM 10-K") for the year ended December 31, 2003 of Mission Resources
Corporation (the "ISSUER").

I, Richard W. Piacenti, the Chief Financial Officer of the Issuer, certify that:

         (i)      the Form 10-K fully complies with the requirements of section
                  13(a) or section 15(d) of the Securities Exchange Act of 1934
                  (15 U.S.C. 78m(a) or 78o(d)); and

         (ii)     the information contained in the Form 10-K fairly presents, in
                  all material respects, the financial condition and results of
                  operations of the Issuer.


         Dated:  March 8, 2004                     /s/ Richard W. Piacenti
                                                   -----------------------

Subscribed and sworn to before me
this 8th day of March 2004



/s/ Carmen M. Garcia
--------------------

Notary Public in and for the
State of Texas

My commission expires: May 15, 2006




A signed original of this written statement required by Section 906 has been
provided to Mission Resources Corporation and will be retained by Mission
Resources Corporation and furnished to the Securities and Exchange Commission or
its staff upon request.
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 State

          - [Public Notice 5206] 

Pursuant to the authority vested in the President by Section 564 of the Foreign Relations Authorization Act (“the Act”), Fiscal Years 1994 and 1995, Public Law 103-236, as amended, which was delegated to the Secretary of State on April 24, 1997, I hearby determine that instituting the suspension of the application of Section 564(a) of the Act to Iraq and extending the suspension of the application of Section 564(a) of the Act to the following eight countries until May 1, 2006 will promote the objectives of section 564: Bahrain, Kuwait, Lebanon, Oman, Qatar, Saudi Arabia, United Arab Emirates, Yemen. 

                    This determination will be reported to the appropriate committees of the Congress and published in the                     **Federal Register**                    .                 

Dated: May 13, 2005. 

Condoleezza Rice, 

Secretary of State, Department of State. 

# Editorial Note:

This document was received in the Office of the Federal Register on October 11, 2005.

[FR Doc. 05-20609 Filed 10-13-05; 8:45 am] 

BILLING CODE 4710-31-P
<PAGE>

EXHIBIT 32

                                  CERTIFICATION
                                       OF
                             CHIEF EXECUTIVE OFFICER
                                       AND
                             CHIEF FINANCIAL OFFICER
                           PURSUANT TO 18 U.S.C. 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         I, Stephen Tang, certify, pursuant to 18 U.S.C. 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly
Report on Form 10-QSB of Financial Telecom Limited (USA), Inc. for the quarter
ended March 31, 2004 (the "Report"), as filed with the Securities and Exchange
Commission on the date hereof, to the best of my knowledge and belief:

         (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.

         By: /s/ Stephen Tang
         Stephen Tang
         Chief Executive Officer and Chief Financial Officer
         (Principal Executive and Financial Officer)