alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* The Honorable Judith M. Barzilay, Judge of United States Court of International Trade, sitting by designation. NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 05a0344n.06 Filed: May 3, 2005 No. 04-1224 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

ROBERT DUCHARME and PATRICIA DUCHARME, Plaintiffs-Appellants,

v. A & S RV CENTER, INC.; FLEETWOOD MOTOR HOMES OF PENNSYLVANIA, INC.; CUMMINS ENGINE CO., INC; OXFORD BANK; and FREIGHTLINER CUSTOM CHASSIS CORP., Defendants-Appellees

. ) ) ) ) ) ) ) ) ) ) ) ) ) ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN O P I N I O N

BEFORE: COLE and SUTTON, Circuit Judges; BARZILAY, Judge of the United States Court of International Trade *
PER CURIAM. Plaintiffs-Appellants Robert and Patricia Ducharme appeal the district court’s grant of summary judgment to the Defendants-Appellees on their claims for damages for breach of express and implied warranties, and derivative federal and state consumer protection claims, resulting from the Durcharmes’ purchase of an allegedly defective motor home. The district court found that all the express warranties at issue had not been breached since each defect presented to the defendants for repair within the warranty period was repaired in aNo. 04-1224 Ducharme v. A & S RV Center, et al.

- 2 - reasonably timely fashion. Further, it found that no implied warranty inured to Patricia Ducharme because either (a) she was not a purchaser of th e motor home; or (b) she was a purchaser, but only through Robert Ducharme’s signature on the only agreement wherein the vendor promised to deliver the motor home, and was thus bound by the waiver conspicuously included in that agreement. See,
e.g. , Cent. Discount Co. v. Dep’t of Revenue , 94 N.W.2d 805, 807 (Mich. Ct. App. 1959) (noting that a “sale” only occurs when th e body of an instrument indicates an intent to transfer goods from a seller to a buyer, regardless of the instrument’s title); see also Wells v. 10-X Mfg. Co. , 609 F.2d 248, 254 (6th Cir. 1979) (noting that transactions involving other services provided in conjunction with a sale do not subject the providers of such services to duties under the U.C.C.). Accordingly, the district court granted summary judgment to defendants on the express and implied warranty claims and on all the derivative consumer-protection-related claims resulting therefrom. This Court reviews a district c ourt’s grant of summary judgment de novo

. See, e.g. , Latham v. Office of the Attorney Gen. , 395 F.3d 261, 264 (6th Cir. 2004). We have thoroughly reviewed the record and the parties’ submissions, and can fi nd no error in the district court’s conclusions of law or findings of fact. The preparation of a detailed opinion would thus be unnecessarily duplicative, and we therefore AFFIRM the district court’s opinion for the reasons stated therein.
#### MILLSAPS v. CONTRACTING CO.

No. 130 PC.

Case below: 14 N.C. App. 321.

Petition for writ of certiorari to North Carolina Court of Appeals denied 31 July 1972.
IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

TERRY M. KNIGHT,

Plaintiff,

vs. CASE NO. 5:10cv78/RS-EMT

MICHAEL J. ASTRUE, Commissioner

of Social Security,

Defendant.

__________________________________/

ORDER

Before me are the Magistrate Judge’s Report and Recommendation (Doc. 26)

and Defendant’s Motion To Remand (Doc. 25). 

IT IS ORDERED:

1. The Magistrate Judge’s Report and Recommendation is approved and

incorporated in this Order.

2. Defendant’s Motion To Remand (Doc. 25) is granted, and the

Commissioner’s decision denying benefits is reversed.

3. This case is remanded to the Commissioner of Social Security pursuant to

sentence four of 42 U.S.C. §405(g) for further proceedings consistent with

the Report and Recommendation (Doc. 26).
4. The clerk is directed to close the file.

ORDERED on January 6, 2011.

/S/ Richard Smoak 

RICHARD SMOAK

UNITED STATES DISTRICT JUDGE
# Veterans Day, 2007

Throughout our history, America has been protected by patriots who cherished liberty and made great sacrifices to advance the cause of freedom. The brave members of the United States Armed Forces have answered the call to serve our Nation, ready to give all for their country. On Veterans Day, we honor these extraordinary Americans for their service and sacrifice, and we pay tribute to the legacy of freedom and peace that they have given our great Nation. 

In times of war and of peace, our men and women in uniform stepped forward to defend their fellow citizens and the country they love. They shouldered great responsibility and lived up to the highest standards of duty and honor. Our veterans held fast against determined and ruthless enemies and helped save the world from tyranny and terror. They ensured that America remained what our founders meant her to be: a light to the nations, spreading the good news of human freedom to the darkest corners of the earth. 

Like the heroes before them, today a new generation of men and women are fighting for freedom around the globe. Their determination, courage, and sacrifice are laying the foundation for a more secure and peaceful world. 

Veterans Day is dedicated to the extraordinary Americans who protected our freedom in years past, and to those who protect it today. They represent the very best of our Nation. Every Soldier, Sailor, Airman, Marine, and Coast Guardsman has earned the lasting gratitude of the American people, and their service and sacrifice will be remembered forever. In the words of Abraham Lincoln: “ . . . let us strive on to finish the work we are in, to bind up the Nation's wounds, to care for him who shall have borne the battle . . . .” On this Veterans Day, I ask all Americans to express their appreciation to our Nation's veterans. 

With respect for and in recognition of the contributions our service men and women have made to the cause of peace and freedom around the world, the Congress has provided (5 U.S.C. 6103(a)) that November 11 of each year shall be set aside as a legal public holiday to honor our Nation's veterans. 

                    NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim November 11, 2007, as Veterans Day and urge all Americans to observe November 11 through November 17, 2007, as National Veterans Awareness Week. I encourage all Americans to recognize the valor and sacrifice of our veterans through ceremonies and prayers. I call upon Federal, State, and local officials to display the flag of the United States and to support and participate in patriotic activities in their communities. I invite civic and fraternal organizations, places of worship, schools, businesses, unions, and the media to support this national observance with commemorative expressions and programs.                           ( print page 62404)    

IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of October, in the year of our Lord two thousand seven, and of the Independence of the United States of America the two hundred and thirty-second. 

[FR Doc. 07-5512

Billing code 3195-01-P
#### PALLET CO. v. WOOD

No. 207 PC.

Case below: 51 N.C. App. 702.

Petition by plaintiff for discretionary review under G.S. 7A-31 denied 17 August 1981.
#### LOWERY v. NEWTON

No. 263 PC.

Case below: 52 N.C. App. 234.

Petition by defendants for discretionary review under G.S. 7A-31 denied 31 August 1981.
[Federal Register Volume 72, Number 214 (Tuesday, November 6, 2007)]
[Notices]
[Page 62664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5533]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Child Health and Human Development; Notice 
of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Child Health and Human 
Development Special Emphasis Panel, Dyslexia Rat Model.
    Date: November 20, 2007.
    Time: 12 p.m. to 3 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, 6100 Executive Boulevard, 
5B01, Rockville, MD 20852 (Telephone Conference Call).
    Contact Person: Norman Chang, PhD, Scientific Review 
Administrator, Division of Scientific Review, National Institute of 
Child Health and Human Development, NIH, 6100 Executive Blvd., Room 
5B01, Bethesda, MD 20892, (301) 496-1485, <a href="/cdn-cgi/l/email-protection#a9cac1c8c7cec7e9c4c8c0c587c7c0c187cec6df"><span class="__cf_email__" data-cfemail="b8dbd0d9d6dfd6f8d5d9d1d496d6d1d096dfd7ce">[email protected]</span></a>.
    This notice is being published less than 15 days prior to the 
meeting due to the timing limitations imposed by the review and 
funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.864, 
Population Research; 93.865, Research for Mothers and Children; 
93.929, Center for Medical Rehabilitation; 93.209, Contraception and 
Infertility Loan Repayment Program, National Institutes of Health, 
HHS)

    Dated: October 30, 2007.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 07-5533 Filed 11-5-07; 8:45 am]
BILLING CODE 4140-01-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Exhibit 32.1




CERTIFICATION
PURSUANT TO


18
U.S.C. SECTION 1350





In
connection with the accompanying Quarterly Report on Form 10-Q of Hollywood
Entertainment EDU Holding. (the “Company”) for the quarter
ended  June  30, 2010, I, Hollis Liu, President of the
Company and I, Alan J. Bailey,  Chief Financial Officer hereby certify
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief,
that:





1.           Such
Quarterly Report on Form 10-Q for the quarter ended June 30, 2010, 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 such Quarterly Report on Form 10-Q for the quarter
ended June 30, 2010, fairly presents, in all material respects, the financial
condition and results of operations of the Company.





Dated:
August 16, 2010





/s/
      Hollis LiuHollis
      LiuPresident(Principal
      Executive Officer)






/s/
      Alan J. BaileyAlan
      J. Bailey(Principal
      Financial and Accounting Officer)
# C_2009034EN.01000201.xml

| 11.2.2009 | EN | Official Journal of the European Union | C 34/2 |
| --- | --- | --- | --- |

11.2.2009

EN

Official Journal of the European Union

C 34/2

---

Euro exchange rates (1)

1

10 February 2009

(2009/C 34/02)

1 euro=

1 euro

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2967 |
| JPY | Japanese yen | 118,39 |
| DKK | Danish krone | 7,4526 |
| GBP | Pound sterling | 0,8771 |
| SEK | Swedish krona | 10,5205 |
| CHF | Swiss franc | 1,5061 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,641 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 28,02 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 287,7 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7031 |
| PLN | Polish zloty | 4,4495 |
| RON | Romanian leu | 4,251 |
| TRY | Turkish lira | 2,099 |
| AUD | Australian dollar | 1,94 |
| CAD | Canadian dollar | 1,5866 |
| HKD | Hong Kong dollar | 10,0521 |
| NZD | New Zealand dollar | 2,4176 |
| SGD | Singapore dollar | 1,9414 |
| KRW | South Korean won | 1 799,56 |
| ZAR | South African rand | 12,5682 |
| CNY | Chinese yuan renminbi | 8,8598 |
| HRK | Croatian kuna | 7,438 |
| IDR | Indonesian rupiah | 15 326,99 |
| MYR | Malaysian ringgit | 4,6539 |
| PHP | Philippine peso | 60,54 |
| RUB | Russian rouble | 46,4113 |
| THB | Thai baht | 45,381 |
| BRL | Brazilian real | 2,9208 |
| MXN | Mexican peso | 18,4391 |
| INR | Indian rupee | 63,104 |

Currency

Exchange rate

USD

US dollar

1,2967

JPY

Japanese yen

118,39

DKK

Danish krone

7,4526

GBP

Pound sterling

0,8771

SEK

Swedish krona

10,5205

CHF

Swiss franc

1,5061

ISK

Iceland króna

NOK

Norwegian krone

8,641

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

28,02

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

287,7

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7031

PLN

Polish zloty

4,4495

RON

Romanian leu

4,251

TRY

Turkish lira

2,099

AUD

Australian dollar

1,94

CAD

Canadian dollar

1,5866

HKD

Hong Kong dollar

10,0521

NZD

New Zealand dollar

2,4176

SGD

Singapore dollar

1,9414

KRW

South Korean won

1 799,56

ZAR

South African rand

12,5682

CNY

Chinese yuan renminbi

8,8598

HRK

Croatian kuna

7,438

IDR

Indonesian rupiah

15 326,99

MYR

Malaysian ringgit

4,6539

PHP

Philippine peso

60,54

RUB

Russian rouble

46,4113

THB

Thai baht

45,381

BRL

Brazilian real

2,9208

MXN

Mexican peso

18,4391

INR

Indian rupee

63,104

---

(1)

1

Source: reference exchange rate published by the ECB.

Source:

---
# C_2009039EN.01001501.xml

| 18.2.2009 | EN | Official Journal of the European Union | C 39/15 |
| --- | --- | --- | --- |

18.2.2009

EN

Official Journal of the European Union

C 39/15

---

Euro exchange rates (1)

1

17 February 2009

(2009/C 39/04)

1 euro=

1 euro

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2634 |
| JPY | Japanese yen | 116,20 |
| DKK | Danish krone | 7,4520 |
| GBP | Pound sterling | 0,88510 |
| SEK | Swedish krona | 10,9780 |
| CHF | Swiss franc | 1,4813 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,7940 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 29,490 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 307,15 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7076 |
| PLN | Polish zloty | 4,8795 |
| RON | Romanian leu | 4,3050 |
| TRY | Turkish lira | 2,1209 |
| AUD | Australian dollar | 1,9750 |
| CAD | Canadian dollar | 1,5959 |
| HKD | Hong Kong dollar | 9,7966 |
| NZD | New Zealand dollar | 2,4790 |
| SGD | Singapore dollar | 1,9275 |
| KRW | South Korean won | 1 850,88 |
| ZAR | South African rand | 12,8734 |
| CNY | Chinese yuan renminbi | 8,6410 |
| HRK | Croatian kuna | 7,4736 |
| IDR | Indonesian rupiah | 15 539,82 |
| MYR | Malaysian ringgit | 4,5994 |
| PHP | Philippine peso | 60,450 |
| RUB | Russian rouble | 45,7558 |
| THB | Thai baht | 44,554 |
| BRL | Brazilian real | 2,9121 |
| MXN | Mexican peso | 18,4469 |
| INR | Indian rupee | 62,4560 |

Currency

Exchange rate

USD

US dollar

1,2634

JPY

Japanese yen

116,20

DKK

Danish krone

7,4520

GBP

Pound sterling

0,88510

SEK

Swedish krona

10,9780

CHF

Swiss franc

1,4813

ISK

Iceland króna

NOK

Norwegian krone

8,7940

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

29,490

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

307,15

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7076

PLN

Polish zloty

4,8795

RON

Romanian leu

4,3050

TRY

Turkish lira

2,1209

AUD

Australian dollar

1,9750

CAD

Canadian dollar

1,5959

HKD

Hong Kong dollar

9,7966

NZD

New Zealand dollar

2,4790

SGD

Singapore dollar

1,9275

KRW

South Korean won

1 850,88

ZAR

South African rand

12,8734

CNY

Chinese yuan renminbi

8,6410

HRK

Croatian kuna

7,4736

IDR

Indonesian rupiah

15 539,82

MYR

Malaysian ringgit

4,5994

PHP

Philippine peso

60,450

RUB

Russian rouble

45,7558

THB

Thai baht

44,554

BRL

Brazilian real

2,9121

MXN

Mexican peso

18,4469

INR

Indian rupee

62,4560

---

(1)

1

Source: reference exchange rate published by the ECB.

Source:

---
IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

DWAYNE JAY NORTON,

Plaintiff,

vs. CASE NO. 5:10cv157/RS-MD

MRS. JENKINS, et al,

Defendants.

__________________________________/

ORDER

Before me is the Magistrate Judge’s Report and Recommendation (Doc. 17). No

objections have been filed.

IT IS ORDERED:

1. The Magistrate Judge’s Report and Recommendation is approved and is

incorporated in this Order.

2. This case is dismissed without prejudice because of Plaintiff’s failure to

prosecute and failure to comply with an order of the court.

ORDERED on February 18, 2011.

/S/ Richard Smoak 

RICHARD SMOAK

UNITED STATES DISTRICT JUDGE
Order entered March 19, 2020

In The



### Court of Appeals

Fifth District of Texas at Dallas

No. 05

- 19

- 01192

- CV

THE ESTATE OF LEAH R ITA TILLOTSON, DECEA SED

On Appeal from the County Court at Law No. 2

H unt County, Texas

Trial Court Cause No. 18359

ORDER

Before the Court is appellant’s motion for an extension of time to file his

reply brief. We GRANT the motion and extend the time to March 30, 2020.

/s/ ROBERT D. BURNS, III

CHIEF JUSTICE
EXHIBIT 32.2


                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       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 accompanying Annual Report of Flickering Star
Financial, Inc. (the "Company") on Form 10-KSB for the period ended December 31,
2004, as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Gerald W.. Quealy, Treasurer and Chief Financial Officer of
the Company, hereby certifies for the purpose of complying with Rule 13a-14(b)
or Rule 15d-14(b) of the Securities Exchange Act of 1934 (the "Exchange Act")
and Section 1350 of Chapter 63 of Title 18 of the United States Code, that:

     1.   the Report fully complies with the requirements of Section 13(a) or
          15(d) of the Exchange Act; 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: December 5, 2005                   By: /s/ GERALD W. QUEALY
                                          _____________________________________
                                          Gerald W. Quealy
                                          Treasurer and Chief Financial Officer
                                          and Director



A SIGNED ORIGINAL OF THIS WRITTEN STATEMENT REQUIRED BY SECTION 906, OR OTHER
DOCUMENT AUTHENTICATING, ACKNOWLEDGING, OR OTHERWISE ADOPTING THE SIGNATURE THAT
APPEARS IN TYPED FORM WITHIN THE ELECTRONIC VERSION OF THIS WRITTEN STATEMENT
REQUIRED BY SECTION 906, HAS BEEN PROVIDED TO FLICKERING STAR FINANCIAL, INC.,
AND WILL BE RETAINED BY FLICKERING STAR FINANCIAL, INC., AND FURNISHED TO THE
SECURITIES AND EXCHANGE COMMISSION OR ITS STAFF UPON REQUEST.
# C_2009056EN.01002802.xml

| 10.3.2009 | EN | Official Journal of the European Union | C 56/28 |
| --- | --- | --- | --- |

10.3.2009

EN

Official Journal of the European Union

C 56/28

---

Non-opposition to a notified concentration

(Case COMP/M.5422 — Statoilhydro/ST1/ST1 Avifuels)

(Text with EEA relevance)

(2009/C 56/04)

On 22 December 2008, 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 (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website under document number 32008M5422. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu). |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32008M5422. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

---
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 17-2341

MICHAEL J. GARVEY,

Plaintiff - Appellant,

v.

SETERUS, INC.; SUBSTITUTE TRUSTEE SERVICES, INC.; HUTCHENS LAW 

FIRM, LP; LACEY M. MOORE; CHRISTOPHER T. SALYER; SHIANN 

SCHMIDT; SHAPIRO & INGLE, LLP; MICHAEL JAY EMREY; KYLE 

STEWART,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of North Carolina, at 

Statesville. Graham C. Mullen, Senior District Judge; Richard L. Voorhees, Senior District 

Judge. (5:16-cv-00209-GCM)

Submitted: March 29, 2018 Decided: April 2, 2018

Before AGEE and DIAZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Michael J. Garvey, Appellant Pro Se. Bradley R. Kutrow, MCGUIREWOODS, LLP, 

Charlotte, North Carolina; Lacey Moore Duskin, HUTCHENS, SENTER, KELLAM & 

PETTIT, P.A., Charlotte, North Carolina; Jason Kenneth Purser, SHAPIRO & INGLE 

LLP, Charlotte, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Michael J. Garvey seeks to appeal the district court’s order dismissing his 

complaint. We dismiss the appeal for lack of jurisdiction because the notice of appeal was 

not timely filed.

Parties are accorded 30 days after the entry of the district court’s final judgment or 

order to note an appeal, Fed. R. App. P. 4(a)(1)(A), unless the district court extends the 

appeal period under Fed. R. App. P. 4(a)(5), or reopens the appeal period under Fed. R. 

App. P. 4(a)(6). “[T]he timely filing of a notice of appeal in a civil case is a jurisdictional 

requirement.” Bowles v. Russell, 551 U.S. 205, 214 (2007).

The district court’s order was entered on the docket on October 18, 2017. The notice 

of appeal was filed on November 20, 2017. Because Garvey failed to file a timely notice 

of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. 

We dispense with oral argument because the facts and legal contentions are adequately 

presented in the materials before this court and argument would not aid the decisional 

process.

DISMISSED