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that this opinion should not be published and is not precedent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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 00-10144

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

PETER RIVERA, also known as Curruco,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:98-CR-206-4-X

- - - - - - - - - -

February 6, 2001

Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges. 

PER CURIAM:*

Court-appointed counsel has moved for leave to withdraw and

filed a brief as required by Anders v. California, 386 U.S. 738

(1967). Rivera has not filed a response to counsel’s motion to

withdraw. Our independent review of counsel’s brief and the

record discloses no nonfrivolous issue for appeal.

Accordingly, the motion for leave to withdraw is GRANTED,

counsel is excused from further responsibilities herein, and the

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.
463 A.2d 35

#### Commonwealth v. White, Appellant.

Submitted March 8, 1982.

George W. Westervelt, for appellant; Edmund Gerald Flynn, Assistant District Attorney, for Commonwealth, appellee.

Before WICKERSHAM, CIRILLO and LIPEZ, JJ.

Judgment of sentence affirmed.
*This order and judgment is not binding precedent, except

under the doctrines of law of the case, res judicata, and

collateral estoppel. The court generally disfavors the citation

of orders and judgments; nevertheless, an order and judgment may

be cited under the terms and conditions of the court’s General

Order filed November 29, 1993. 151 F.R.D. 470.

1

UNITED STATES COURT OF APPEALS

Filed 10/31/95

TENTH CIRCUIT

FRIZELLE AGUILAR, 

Plaintiff - Appellant, No. 95-2013

v. (D.C. No. CIV 94-534 M/LFG)

TOM NEWTON and ATTORNEY

GENERAL FOR THE STATE OF NEW

MEXICO,

(District of New Mexico)

Defendants - Appellees.

ORDER AND JUDGMENT*

Before SEYMOUR, Chief Judge, McKAY and HENRY , Circuit Judges.

After examining the briefs and appellate record, this panel

has determined unanimously that oral argument would not

materially assist the determination of this appeal. See Fed. R.

App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore

ordered submitted without oral argument.

We grant Respondent’s motion to strike all documents,

letters, pleadings, receipts, and all other materials filed by
2

Petitioner, except Petitioner’s brief, and to strike attachments

three and four to her brief. The stricken documents are not

properly before this court because they were not received into

evidence by the magistrate judge or the district court. AeroMedical, Inc. v. United States , 23 F.3d 328, 329 n.2 (10th Cir.

1994).

We AFFIRM for the reasons provided by the magistrate judge

as adopted by the district court. The mandate shall issue

forthwith.

ENTERED FOR THE COURT

Monroe G. McKay

Circuit Judge
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2212 Introduced in Senate (IS)]

106th CONGRESS
  2d Session
                                S. 2212

      To suspend temporarily the duty on meta-chlorobenzaldehyde.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 7, 2000

 Mr. Thurmond introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
      To suspend temporarily the duty on meta-chlorobenzaldehyde.

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

SECTION 1. META-CHLOROBENZALDEHYDE.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

      

``    9902.28.08     Meta-            Free              No change         No change         On or before 12/
                     Chlorobenzaldeh                                                         31/2003          ''
                     yde (CAS No.                                                                              .
                     587-04-2)
                     (provided for
                     in subheading
                     2913.00.40)....

    (b) Effective Date.--The amendment made by subsection (a) applies 
with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of the enactment 
of this Act.
                                 <all>
```
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                                0
<SECURITIES>                                          0
<RECEIVABLES>                                         0
<ALLOWANCES>                                          0
<INVENTORY>                                           0
<CURRENT-ASSETS>                                      0
<PP&E>                                                0
<DEPRECIATION>                                        0
<TOTAL-ASSETS>                                        0
<CURRENT-LIABILITIES>                                 0
<BONDS>                                               0
<PREFERRED-MANDATORY>                                 0
<PREFERRED>                                           0
<COMMON>                                      4,390,823
<OTHER-SE>                                   (4,390,823)        
<TOTAL-LIABILITY-AND-EQUITY>                          0
<SALES>                                               0
<TOTAL-REVENUES>                                      0
<CGS>                                                 0
<TOTAL-COSTS>                                         0
<OTHER-EXPENSES>                                      0
<LOSS-PROVISION>                                      0
<INTEREST-EXPENSE>                                    0
<INCOME-PRETAX>                                       0
<INCOME-TAX>                                          0
<INCOME-CONTINUING>                                   0
<DISCONTINUED>                                        0
<EXTRAORDINARY>                                       0
<CHANGES>                                             0
<NET-INCOME>                                          0
<EPS-PRIMARY>                                         0
<EPS-DILUTED>                                         0
                                              

</TABLE>
IN THE SUPREME COURT OF THE STATE OF DELAWARE

TYREKE SPENCER,

Defendant Below,

Appellant,

v.

STATE OF DELAWARE,

Plaintiff Below,

Appellee.

§

§ No. 178, 2021

§

§

§

§ Court Below–Superior Court

§ of the State of Delaware

§ 

§ Cr. ID No. 1609004631A (N)

§ 

§

Submitted: July 19, 2021

Decided: August 11, 2021

ORDER

On June 2, 2021, the appellant, Tyreke Spencer, filed a notice of appeal from 

the Superior Court’s April 22, 2021 order denying his motion for postconviction 

relief. Under Supreme Court Rule 6(a)(iv), a timely notice of appeal should have 

been filed on or before May 24, 2021.

1

 On June 24, 2021, the Senior Court Clerk 

issued, by certified mail, a notice directing Spencer to show cause why his appeal 

should not be dismissed as untimely filed. Spencer received the notice to show cause 

as evidenced by the undated return receipt that was filed with the Court on July 6, 

2021. A timely response to the notice to show cause was due on or before July 16, 

2021. To date, Spencer has not responded to the notice to show cause. Dismissal of 

1 Because the thirtieth day fell on a Saturday, the notice of appeal was due on or before the next 

business day, or May 24, 2021. Del. Supr. Ct. R. 11(a).
2

the appeal is therefore deemed to be unopposed.

NOW, THEREFORE, IT IS HEREBY ORDERED, under Supreme Court 

Rules 3(b)(2) and 29(b), that the appeal is DISMISSED.

BY THE COURT:

/s/ James T. Vaughn, Jr.

Justice
Exhibit 23
                                                                      ----------



                   Consent of Independent Public Accountants

We  hereby  consent  to the  incorporation  by  reference  to  the  Registration
Statement  on Form S-8,  File Number  333-45413,  of our report  dated August 6,
2004,  on the  consolidated  financial  statements  of Home  Financial  Bancorp,
Spencer,  Indiana,  which report is included in the Annual Report of Form 10-KSB
of Home Financial Bancorp, Spencer, Indiana.



/s/ BKD, LLP

Indianapolis, Indiana
September 13, 2004
SCWC

- 20

- 0000 122

IN THE SUPREME COURT OF THE STATE OF HAWAI ‘ I

LAWRENCE P. PECK, ROBBYN L. PECK, and PECK, INC., a Hawai  i Corporation, Respondents/ Plaintiffs

- Appellees ,
v. LYNN LINDER NAKKIM, Petitioner/Defendant

- Appellant , and
CONTINENTAL PACIFIC, LLC, a Delaware Limited Liability Company, Respondent/Defendant

- Appellee.

and

LAWRENCE P. PECK, ROBBYN L. PECK, and PECK, INC., a Hawai  i Corporation, Respondents/Plaintiffs

- Appellees ,
v. LYNN LINDER BOERNER NAKKIM , Petitioner/Defendant

- Appellant, and LYNN LINDER NAKKIM, as Trustee under the Lynn Linder Nakkim Trust dated October 3, 2011, Respondent /Defendant

- Appell ee , and PAUL SULLA, Res p ondent/Intervenor

- Appellee

.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP

- 20

- 0000 122 ; C ASE NO S. 3CC 041 000 374 AND 3CC141000 180 ) Electronically Filed Supreme Court SCWC-20-0000122 07-MAR-2022 07:45 AM Dkt. 3 ODAC**2** ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI (By: Recktenwald, C.J., Nakayama, McKenna, Wilson , and Eddins , J J.)

Petitioner/ Defendant

- Appellant Lynn Linder Nakkim ʻ s
Ap plication for Writ of Certiorari filed on January 27, 2022 , is
hereby rejected.

DATED: Honolulu, Hawai ʻ i, March 7, 202 2

.
/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Michael D. Wilson

/s/ Todd W. Eddins
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2020 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                S. 2020

_______________________________________________________________________

                                 AN ACT

 
 To adjust the boundary of the Natchez Trace Parkway, Mississippi, and 
                          for other purposes.

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

SECTION 1. DEFINITIONS.

    In this Act:
            (1) Parkway.--The term ``Parkway'' means the Natchez Trace 
        Parkway, Mississippi.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 2. BOUNDARY ADJUSTMENT AND LAND ACQUISITION.

    (a) In General.--The Secretary shall adjust the boundary of the 
Parkway to include approximately--
            (1) 150 acres of land, as generally depicted on the map 
        entitled ``Alternative Alignments/Area'', numbered 604-20062A 
        and dated May 1998; and
            (2) 80 acres of land, as generally depicted on the map 
        entitled ``Emerald Mound Development Concept Plan'', numbered 
        604-20042E and dated August 1987.
    (b) Maps.--The maps referred to in subsection (a) shall be on file 
and available for public inspection in the office of the Director of 
the National Park Service.
    (c) Acquisition.--The Secretary may acquire the land described in 
subsection (a) by donation, purchase with donated or appropriated 
funds, or exchange (including exchange with the State of Mississippi, 
local governments, and private persons).
    (d) Administration.--Land acquired under this section shall be 
administered by the Secretary as part of the Parkway.

SEC. 3. AUTHORIZATION OF LEASING.

    The Secretary, acting through the Superintendent of the Parkway, 
may lease land within the boundary of the Parkway to the city of 
Natchez, Mississippi, for any purpose compatible with the Parkway.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.

            Passed the Senate July 27, 2000.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                                S. 2020

_______________________________________________________________________

                                 AN ACT

 To adjust the boundary of the Natchez Trace Parkway, Mississippi, and 
                          for other purposes.
```
**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 

I, James D. Calver, Chief Executive Officer and President of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge, the Quarterly Report of Hooper Holmes, Inc., on Form 10-Q for the quarter ended September 30, 2006 fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in such Quarterly Report on Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of HooperHolmes, Inc. 

Dated: November 14, 2006 

 

This certification shall not be deemed “filed” for purposes of Section 18 of the SecuritiesExchange Act of 1934 (the “Exchange Act”) or otherwise subject to the liability of Section 18 of the Exchange Act. Such certification shall not be deemed to be incorporated by reference into any filing under the Securities Act of 1933or the Exchange Act, except to the extent that the Company specifically incorporates it by reference. 

A signed original of this written statement requiredby Section 906 has been provided to Hooper Holmes, Inc. and will be retained by Hooper Holmes, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
(July 2, 1924.)

#### G. W. McKEAN, Appellant, v. IDAHO IRRIGATION COMPANY, LTD., a Corporation, Respondent.

[227 Pac. 1057.]

APPEAL from the District Court of the Fourth Judicial District, for Blaine County. Hon. H. F. Ensign, Judge.

Action for damages for conversion of water. Judgment for defendant.

*Affirmed.*

James R. Bothwell, W. Orr Chapman and C. 0. Stoek-slager, for Appellant.

*361E. A. Walters, R. P. Parry and Richards & Haga, for Respondent.

McCARTHY, C. J.

The facts and questions of law in the above-entitled case are identical with those in *Bailey v. Idaho Irr. Co., Ltd., ante,*p. 354, 227 Pac. 1055, the two having been consolidated for trial in the lower court and for hearing in this court. Upon the authority of the opinion in that ease the judgment in the present case is affirmed, with costs to respondent.

Budge and William A. Lee, JJ., concur.
<PAGE>

                                                                      Exhibit 23

                              ACCOUNTANTS' CONSENT

The Board of Directors
Pinnacle Bankshares Corporation:

We consent to incorporation by reference in Registration Statement No. 333-63361
on Form S-8 and Registration Statement No. 333-69321 on Form S-3 of Pinnacle
Bankshares Corporation of our report dated January 25, 2002, relating to the
consolidated balance sheets of Pinnacle Bankshares Corporation and subsidiary as
of December 31, 2001 and 2000, and the related consolidated statements of income
and comprehensive income, changes in stockholders' equity, and cash flows for
the years then ended, which report is incorporated by reference in the December
31, 2001 Annual Report on Form 10-KSB of Pinnacle Bankshares Corporation.

                                   /s/ KPMG LLP

Roanoke, Virginia
March 25, 2002
<PAGE>

                                POWER OF ATTORNEY


         WHEREAS, Broadwing Communications Inc., a Delaware corporation
(hereinafter referred to as the "Company"), proposes shortly to file with the
Securities and Exchange Commission under the provisions of the Securities
Exchange Act of 1934, as amended, and the rules and regulations thereunder, an
annual report on Form 10-K for the year ended December 31, 1999; and

         WHEREAS, the undersigned is an officer and a director of the Company;

         NOW, THEREFORE, the undersigned hereby constitutes and appoints,
Richard G. Ellenberger, Kevin W. Mooney and Thomas E. Taylor, and each of them
singly, his attorneys for him and in his name, place and stead, and in his
office and capacity in the Company, to execute and file such annual report on
Form 10-K, and thereafter to execute and file any amendments or supplements
thereto, hereby giving and granting to said attorneys full power and authority
to do and perform all and every act and thing whatsoever requisite and necessary
to be done in and about the premises as fully to all intents and purposes as he
might or could do if personally present at the doing thereof, hereby ratifying
and confirming all that said attorneys may or shall lawfully do or cause to be
done by virtue hereof.

         IN WITNESS WHEREOF, the undersigned has hereunto set his hand this 28th
day of March, 2000.



                                               /s/ Richard G. Ellenberger
                                               --------------------------
                                               Richard G. Ellenberger
                                               Officer and Director


STATE OF OHIO              )
                           )  SS:
COUNTY OF HAMILTON         )


         On the 28th day of March, 2000, personally appeared before me Richard
G. Ellenberger, to me known and known to me to be the person described in and
who executed the foregoing instrument, and he duly acknowledged to me that he
executed and delivered the same for the purposes therein expressed.

         Witness my hand and official seal this 28th day of March, 2000.



                                               /s/ Susan McClarnon
                                               --------------------------
                                               Notary Public
EXHIBIT 11

COMPUTATION OF PER SHARE EARNINGS



|                                            |  |                                               |           |      |   |          
|------------------------------------------- |  | --------------------------------------------- | --------- | ---- | - | ---------
|                                            |  | Three Months Ended March 31,                 
|                                            |  | 2007                                          |           | 2006
|                                            |  | (Dollars in thousands, except per share data)
|                                            |  | (unaudited)                                  
|Net Income                                  |  | $                                             | 807       |      | $ | 738      
|                                            |  |                                               |           |      |   |          
|Weighted Average Shares Outstanding         |  |                                               | 2,748,769 |      |   | 1,890,552
|                                            |  |                                               |           |      |   |          
|Basic Earnings Per Share                    |  | $                                             | 0.29      |      | $ | 0.39     
|                                            |  |                                               |           |      |   |          
|Net Income                                  |  | $                                             | 807       |      | $ | 738      
|                                            |  |                                               |           |      |   |          
|Weighted Average Shares Outstanding         |  |                                               | 2,748,769 |      |   | 1,890,552
|Net Effect of Dilutive Stock Options        |  |                                               | 17,335    |      |   | 50,991   
|                                            |  |                                               |           |      |   |          
|Weighted Average Diluted Shares Outstanding |  |                                               | 2,766,104 |      |   | 1,941,543
|                                            |  |                                               |           |      |   |          
|Diluted Earnings Per Share                  |  | $                                             | 0.29      |      | $ | 0.38     
|                                            |  |                                               |           |      |   |
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1960 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
                                S. 1960

 To provide for the appointment of 1 additional Federal district judge 
     for the eastern district of Wisconsin, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 18, 1999

Mr. Kohl (for himself and Mr. Feingold) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To provide for the appointment of 1 additional Federal district judge 
     for the eastern district of Wisconsin, and for other purposes.

    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 ``Federal Judgeship for Northeastern 
Wisconsin Act of 1999''.

SEC. 2. ADDITIONAL FEDERAL DISTRICT JUDGE FOR THE EASTERN DISTRICT OF 
              WISCONSIN.

    (a) In General.--The President shall appoint, by and with the 
advice and consent of the Senate, 1 additional district judge for the 
eastern district of Wisconsin.
    (b) Tables.--In order that the table contained in section 133(a) of 
title 28, United States Code, reflects the change in the total number 
of permanent district judgeships authorized under subsection (a), such 
table is amended by amending the item relating to Wisconsin to read as 
follows:

``Wisconsin:
    ``Eastern...............................................         5 
    ``Western...............................................       2''.
    (c) Holding of Court.--The chief judge of the eastern district of 
Wisconsin shall designate 1 judge who shall hold court for such 
district in Green Bay, Wisconsin.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act, including such sums as may be 
necessary to provide appropriate space and facilities for the judicial 
position created by this Act.
                                 <all>
```