alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 14-11224

Non-Argument Calendar

________________________

D.C. Docket No. 5:13-cv-00108-ACC-PRL

EVERETTE WEAVER, 

 Plaintiff-Appellant,

 versus

DAVID R. ELLSPERMAN, 

Clerk of the Circuit Court, 

 Defendant-Appellee,

ROBERT L. BRENAN, et al.,

 Defendants.

________________________

Appeal from the United States District Court

for the Middle District of Florida

________________________

(December 17, 2014)

Before TJOFLAT, HULL and ROSENBAUM, Circuit Judges.

Case: 14-11224 Date Filed: 12/17/2014 Page: 1 of 2 
2

PER CURIAM:

This appeal is from the District Court’s order of February 18, 2014, (1) 

dismissing Everette Weaver’s Second Amended Complaint against David R. 

Ellsperman1 for failure to state a claim for relief and (2) denying Weaver’s motion, 

which the District Court treated as a petition for writ of mandamus, that the District 

Court direct the U.S. Attorney for the Middle District of Florida to initiate a 

criminal investigation. Doc. 33. We find no merit in the appeal for the reasons 

stated by the District Court in its February 18, 2014 order, and therefore affirm the 

court’s judgment.

AFFIRMED. 

 

1

 Ellsperman is Clerk of the Circuit Court of Marion County, Florida. There is no 

dispute that at all relevant times, he was acting within the scope of his discretionary authority. 

Insofar as the Second Amended Complaint alleges that Ellsperman violated Weaver’s federal 

constitutional rights, to recover against Ellsperman on those allegations Weaver had to show that 

the rights purportedly violated were clearly established at the time Ellsperman engaged in the 

conduct complained of. Randall v. Scott, 610 F.3d 701, 715 (11th Cir. 2010). Absent such 

showing, Ellsperman was entitled to qualified immunity. As the District Court properly held, 

Weaver failed to make the required showing. 

Case: 14-11224 Date Filed: 12/17/2014 Page: 2 of 2
January 6, 1997





Davis Series, Inc.
c/o Carl R. Luff
Vice President and Treasurer
124 East Marcy Street
Santa Fe, NM 87501
                                                                                
     Re:  Investment Company Act Rule 24f-2 Notice for Year ended
          December 31, 1996

Dear Sir or Madam:

     We have examined such documents and records as we deem necessary
to render this opinion, including your Articles of Incorporation.

     From such examination, we are of the opinion that Davis
Series, Inc.:

     1.     Is legally organized and existing under the laws of the State of
            Maryland and was so organized and existing throughout the
            period in which the sales occurred of the subject shares; and

     2.     Was authorized to issue the shares of its common stock sold
            throughout the period covered by the Notice.

     On the basis of our examination of all relevant documents, in our
opinion, the shares of your common stock sold in the one-year period
ended December 31, 1996 were part of your authorized, but unissued,
shares of common stock which, when sold, were legally issued and, when
issued and fully paid for in accordance with the terms of their offering,
constituted fully paid and non-assessable shares of your outstanding
common stock.
  
     We hereby consent to the use of this opinion as an exhibit to the above-
referenced Notice.

                                              Very truly yours,

                                              D'ANCONA & PFLAUM

                                              By:  /s/ Sheldon R. Stein
                                                   _________________________
                                                   Sheldon R. Stein, Partner




SRS:AD:sls
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM SYNTROLEUM
CONSOLIDATED STATEMENT OF INCOME FOR THE YEAR ENDED DECEMBER 31, 1998 AND
CONSOLIDATED BALANCE SHEET AS OF DECEMBER 31, 1998.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                          34,981
<SECURITIES>                                     3,135
<RECEIVABLES>                                      860
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                39,474
<PP&E>                                           3,655
<DEPRECIATION>                                     445
<TOTAL-ASSETS>                                  50,400
<CURRENT-LIABILITIES>                            1,998
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           346  
<OTHER-SE>                                      35,693
<TOTAL-LIABILITY-AND-EQUITY>                    50,400
<SALES>                                          2,416
<TOTAL-REVENUES>                                 4,479
<CGS>                                            2,387
<TOTAL-COSTS>                                    4,701
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (11,711)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (11,711)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (11,711)
<EPS-PRIMARY>                                     (.46)
<EPS-DILUTED>                                     (.46)
        

</TABLE>
Order entered March 4, 2014

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 13
- 01396
- CR No. 05
- 13
- 01397
- CR No. 05
- 13
- 01398
- CR ELTON RAY CHATMAN, Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 1

Dallas County, Texas Trial Court Cause No s . F08
- 71830
- H , F10
- 71100
- H, F13
- 39543
- H 

### O RDER
The Court ORDERS the trial court to make findings of fact regarding whether appellant has been deprived of the reporter’s record because of ineffective counsel, indigence, or for any
other reason.

 The trial court shall first determine whether appellant desires to prosecute the appeals. If the trial court determines that appellant does not desire to prosecute the appeals, it shall make a finding to that effect.

 If the trial court determines that appellant desires to prosecute the appeals, it shall next determine whether appellant is indigent and entitled to proceed without payment of costs for the reporter’s record. If appellant is entitled to proceed without pa yment of costs, the trial court shall make a finding to that effect. Moreover, if appellant is indigent, the trial court is ORDERED to take such measures as may be necessary to assure effective representation, which may include appointment of new counsel. If the trial court findsappellant is not indigent, it shall determine whether retained counsel has abandoned the

appeals.

 The trial court shall next determine: (1) the name and address of each court reporter who recorded the proceedings in this cause; (2) the court reporter’s explanation for the delay in filing the reporter’s record; and (3) the earliest date by which the reporter’s record can be filed. We ORDER the trial court to transmit a record, containing the written findings of fact,
any suppor ting documentation, and any orders, to this Court within THIRTY DAYS of the date of this order. The appeals are ABATED to allow the trial court to comply with this order. The appeals shall be reinstated thirty days from the date of this order or when the supplemental record is received, whichever is earlier.

/s/ CAROLYN WRIGHT CHIEF JUSTICE
<PAGE>   1


                         CONSENT OF INDEPENDENT AUDITORS

         We consent to the incorporation by reference into the Company's
previously filed Registration Statements on Form S-8 (File Nos. 333-49205,
333-64779 and 333-69273) and on Form S-3 (File Nos. 333-78249 and 333-96289) of
our report dated January 24, 2000, with respect to the consolidated financial
statements as of December 31, 1999 and the year then ended included in the
Freedom Securities Corporation Annual Report on Form 10-K for the year ended
December 31, 1999.


                                             /s/ ERNST & YOUNG, LLP

New York, New York
March 24, 2000
Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Elizabeth A. Weaver

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway,

 Justices

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. 

 _________________________________________ 

 Clerk

August 6, 2009 

s0720 

Order 

 

August 6, 2009 

137936 

PEOPLE OF THE STATE OF MICHIGAN, 

Plaintiff-Appellee, 

v SC: 137936 

 COA: 286761 

St. Clair CC: 05-001856-FC 

MICHAEL JAMES BOWMAN, 

Defendant-Appellant. 

_________________________________________/ 

 On order of the Court, the application for leave to appeal the November 10, 2008 

order of the Court of Appeals is considered, and it is DENIED, because the defendant has 

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).
1999 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

1-12-1999

Van Holt v. Liberty Mutl Fire

Precedential or Non-Precedential:

Docket 97-5098

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_1999

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 1999 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"Van Holt v. Liberty Mutl Fire" (1999). 1999 Decisions. Paper 6.

http://digitalcommons.law.villanova.edu/thirdcircuit_1999/6
Filed January 12, 1999 

UNITED STATES COURT OF APPEALS 

FOR THE THIRD CIRCUIT 

NO. 97-5098 

RE VAN HOLT AND JO VAN HOLT, 

Plaintiffs-Appellants, 

v. 

LIBERTY MUTUAL FIRE INSURANCE COMPANY AND 

LIBERTY MUTUAL GROUP, 

Defendant-Appellee. 

ORDER 

The slip opinion filed November 25, 1998 is herewith 

amended to add the following names as amicus curiae

counsel: 

Marc Richman 

Civil Division 

Department of Justice 

Washington, D.C. 20530-0001 

Amicus Curiae Counsel 

Gerald J. Nielsen 

Nielsen Law Firm 

2121 Airline Drive 

Metairie, LA 70001 

Amicus Curiae Counsel 

BY THE COURT, 

/s/ Max Rosenn 

Circuit Judge 

Dated: January 12, 1999
#### State *Ex Rel.*Walter Blankenship *v.*Otto C. Boles, *Warden,*West Virginia Penitentiary

(No. 12424)

Submitted March 2, 1965.

Decided March 23, 1965.

*Amos C. Wilson,*for relator.

C. *Donald Robertson,*Attorney General, *George*H. *Mitchell,*Assistant Attorney General, for respondent.

Berry, Judge:

The petitioner, Walter Blankenship, invoked the original jurisdiction of this Court in this habeas corpus proceeding. The writ prayed for was granted on February 1, 1965, returnable on March 2, 1965, at which time the matter was submitted for decision upon brief and argument on behalf of the petitioner and the return of the defendant.

The petitioner was indicted on January 10, 1955 by the Grand Jury of Logan County, West Virginia, for the crime of breaking and entering. On January 14, 1955, he appeared before the Circuit Court of Logan County, West Virginia and pleaded guilty to the charge contained in the indict*378ment and was remanded to jail. On February 21, 1955, an information was filed alleging former convictions and on the same day the petitioner was sentenced to life imprisonment in the West Virginia State Penitentiary. The orders of arraignment and sentence are silent as to the appointment or assistance of counsel.

This case is controlled and governed by the recent case of *State ex rel. May*v. *Boles,*149 W. Va. 155, 139 S. E. 2d 177, (decided December 8, 1964), in which it was held that the right to the assistance of counsel is a fundamental right specifically provided for in both Federal and State Constitutions and if it does not affirmatively appear from the record that the accused was fully advised by the trial court of his right to the assistance of counsel any conviction in such case is void.

The fourth point of the syllabus in the *May*case reads as follows:

> “The general rule which presumes the regularity of court proceedings is subject to the qualification that, where the record is silent on the question, it can not be presumed that the accused waived his right to the assistance of counsel.”

The record being silent with regard to the appointment and assistance of counsel, the entire sentence is void because the part of the sentence based on the recidivist statute rests on the validity of the conviction on the main offense. *State ex rel. Ashworth*v. *Boles,*148 W. Va. 13, 132 S. E. 2d 634.

For the reasons stated herein, the petitioner should be released from confinement in the penitentiary and he is therefore forthwith discharged from the custody of the defendant.

*Prisoner discharged.*
[Federal Register Volume 73, Number 37 (Monday, February 25, 2008)]
[Notices]
[Pages 9989-9990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-826]


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

DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Mohammad Fazeli

    In the Matter of: Mohammad Fazeli, 545 S. Atlantic Blvd. 
<greek-i>C, Los Angeles, CA 90022.

[[Page 9990]]

Order

    On September 12, 2007, I entered an Order \1\ denying Mohammad 
Fazeli (``Fazeli'') all U.S. export privileges until August 7, 2012, 
pursuant to Section 11(h) of the Export Administration Act \2\ and 
Section 766.25 of the Export Administration Regulations,\3\ and based 
on a criminal conviction of violating the International Emergency 
Economic Powers Act (50 U.S.C. 1701-1705 (2000)) (``IEEPA'').
---------------------------------------------------------------------------

    \1\ 72 Fed. Reg. 54427, Tuesday, September 25, 2007.
    \2\ 50 U.S.C. app. 2401-2420. Since August 21, 2001, the Act has 
been in lapse and the President, through Executive Order 13222 of 
August 17, 2001 (3 CFR 2001 Comp. 783 (2002)), as extended by the 
August 15, 2007 (72 Fed. Reg. 46137, Aug. 16, 2007), has continued 
the Regulations in effect under the International Emergency Economic 
Powers Act (50 U.S.C. 1701-1706 (2000)) (``IEEPA'').
    \3\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR Parts 730-774 (2007).
---------------------------------------------------------------------------

    Whereas, the September 12, 2007 Order identified Fazeli's addresses 
as ``1439 Saltair Fazeli Ave., Los Angeles, CA 90025'', and ``112 West 
9th Street, Suite 1115, Los Angeles, CA 90015'';
    Whereas, the Office of Export Enforcement, Bureau of Industry and 
Security, U.S. Department of Commerce (``Department''), has confirmed 
that these two addresses are no longer correct, and that Fazeli's 
current address is ``545 S. Atlantic Blvd. <greek-i>C, Los Angeles, CA 
90022''; and
    Whereas, as a result of the information the Department obtained 
regarding Fazeli's current address, the Department has requested that 
an order be issued amending the September 12, 2007 Order to reflect 
that new address for Fazeli;
    Accordingly, It is hereby ordered that the September 12, 2007 Order 
denying all U.S. export privileges to Mohammad Fazeli is amended by 
deleting the addresses ``1439 Saltair Fazeli Ave., Los Angeles, CA 
90025'', and ``112 West 9th Street, Suite 1115, Los Angeles, CA 
90015'', and by adding the address ``545 S. Atlantic Blvd. <greek-i>C, 
Los Angeles, CA 90022''. In all other aspects, the September 12, 2007 
Order remains in full force and effect.
    This Order, which is effective immediately, shall be published in 
the Federal Register.

    Dated: February 12, 2008.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 08-826 Filed 2-22-08; 8:45 am]
BILLING CODE 3510-DT-M
EX-10.1



 Exhibit 10.1 

EMPLOYMENT AGREEMENT 

CONSENT TO CHANGE IN ROLE 
 This Employment
Agreement Consent to Change in Role (this “Consent”) is entered into this 11th day of December, 2015 (the “Effective Date”) between The J. M. Smucker Company, an Ohio
corporation (the “Company”), and David J. West, an individual (“West”). The Company and West are referred to herein individually as a “Party” and collectively as the “Parties.” 

RECITALS 
 WHEREAS,
reference is made to the Employment Agreement entered into between the Company and West dated February 3, 2015 (the “Employment Agreement”); 

WHEREAS, the Parties now wish to acknowledge and agree upon a change in the role and duties of West as set forth in this Consent; 

NOW, THEREFORE, in consideration of the agreements of the Parties, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties do hereby agree as follows: 
 AGREEMENT 

Section 1 - Consent to Change in Role and Duties 

On March 1, 2016, West will assume (as an employee) the role of Strategic Advisor to the Executive Committee of the Board of Directors of
the Company, and cease to serve as President, Big Heart Pet Food and Snacks. Between the Effective Date and April 30, 2016, West will, in addition to his other duties, assist in transitioning his current role as President, Big Heart Pet Food
and Snacks to his successor. West will continue to report to the Chief Executive Officer of the Company. As Strategic Advisor, West will provide such services in addition to transition services as are commensurate with his position and as are
reasonably requested by the Executive Committee. The Company and West acknowledge and agree that this change in role and duties on March 1, 2016 will not trigger or be deemed a Termination for Good Reason, as defined in Section 4(f)
of the Employment Agreement. On April 30, 2016, West will cease to be an employee of the Company and will have a “separation from service” within the meaning of Internal Revenue Code Section 409A, but will continue to serve as a
member of the Board of the Directors of the Company until the earliest of his resignation, removal or death or the election of his successor. 
 IN WITNESS
WHEREOF, the Parties have executed and delivered this Consent as of the Effective Date. 
  

					
	“Company”	 		 	“West”
			
	The J. M. Smucker Company	 		 	
			
	/s/ Richard K. Smucker	 		 	/s/ David J. West
	Richard K. Smucker, Chief Executive Officer	 		 	David J. West
# Jurnalul Oficial L 124/2016

| | ISSN 1977-0782 |
| --- | --- |
| Jurnalul Oficial
  al Uniunii Europene | L 124 |
| | |
| Ediţia în limba română | Legislaţie | Anul 5913 mai 2016 |

ISSN 1977-0782

Jurnalul Oficial

al Uniunii Europene

L 124

Ediţia în limba română

Legislaţie

Anul 5913 mai 2016

---

| Cuprins | | II   Acte fără caracter legislativ | Pagina |
| --- | --- | --- | --- |
| | | ACORDURI INSTITUȚIONALE |
| | * | Declarația Parlamentului European și a Comisiei cu ocazia adoptării Acordului interinstituțional privind o mai bună legiferare din 13 aprilie 2016 | 1 |

Cuprins

II   Acte fără caracter legislativ

Pagina

ACORDURI INSTITUȚIONALE

*

Declarația Parlamentului European și a Comisiei cu ocazia adoptării Acordului interinstituțional privind o mai bună legiferare din 13 aprilie 2016

1

| RO | Actele ale căror titluri sunt tipărite cu caractere drepte sunt acte de gestionare curentă adoptate în cadrul politicii agricole şi care au, în general, o perioadă de valabilitate limitată.
  Titlurile celorlalte acte sunt tipărite cu caractere aldine şi sunt precedate de un asterisc. |
| --- | --- |

RO

Actele ale căror titluri sunt tipărite cu caractere drepte sunt acte de gestionare curentă adoptate în cadrul politicii agricole şi care au, în general, o perioadă de valabilitate limitată.

Titlurile celorlalte acte sunt tipărite cu caractere aldine şi sunt precedate de un asterisc.

---

II Acte fără caracter legislativ

ACORDURI INSTITUȚIONALE

| 13.5.2016 | RO | Jurnalul Oficial al Uniunii Europene | L 124/1 |
| --- | --- | --- | --- |

13.5.2016

RO

Jurnalul Oficial al Uniunii Europene

L 124/1

---

DECLARAȚIA PARLAMENTULUI EUROPEAN ȘI A COMISIEI CU OCAZIA ADOPTĂRII ACORDULUI INTERINSTITUȚIONAL PRIVIND O MAI BUNĂ LEGIFERARE DIN 13 APRILIE 2016

Parlamentul European și Comisia consideră că acordul (1) reflectă competențele Parlamentului European, Consiliului și Comisiei, precum și echilibrul dintre aceste instituții, astfel cum se prevede în tratate.

1

Acesta nu aduce atingere Acordului-cadru din 20 octombrie 2010 privind relațiile dintre Parlamentul European și Comisia Europeană (2).

2

---

(1)  
  JO L 123, 12.5.2016, p. 1.

1

(2)  
  JO L 304, 20.11.2010, p. 47.

2

---
---

Exhibit 32.1

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 Baby Fox
International, Inc. (the Company) on Form 10-Q for the quarter ended March 31,
2011 as filed with the Securities and Exchange Commission on the date hereof
(the Report), I, Jieming Huang, Principal Executive Officer of the Company,
certify, pursuant to 18 U.S.C. section 1350 of the Sarbanes-Oxley Act of 2002,
that to my knowledge:

| | (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 23, 2011 | By: /s/ Jieming Huang              
|------------------- | -----------------------------------
|                    | Jieming Huang                      
|                    | Chief
      Executive Officer      
|                    | (Principal
      Executive Officer)

---
Gary s



# Fourth Court of Appeals

**San Antonio, Texas**

July 24, 2015

N o. 04

- 15

- 00041

- CV

TEMPLETON MORTGAGE CORP

., Appellant

v.

Gary POENISCH

, Appellee

From the 216th Judicial District Court, Kendall County, Texas

Trial Court No. 10

- 422

- A Honorable N. Keith Williams, Judge Presiding



### ORDER

Appellee’s second motion for extension of time is GRANTED. Appellee’s brief is due on August 21, 2015. NO FUR THER EXTENSIONS WILL BE GRANTED.

_________________________________ Karen Angelini, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 24th day of July, 2015

.

___________________________________ Keith E. Hottle

Clerk of Court