alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Caroline Donovan, appellee, v. Daniel J. Donovan II, appellant.

469 N.W.2d 791

Filed May 31, 1991.

No. 88-1027.

James L. Stanton for appellant.

*232Warren S. Zweiback and Mary Lou Perry, of Zweiback, Lamberty & Silver, P.C., for appellee.

Hastings, C.J., Boslaugh, White, Caporale, Shanahan, Grant, and Fahrnbruch, JJ.

Per Curiam.

Upon consideration of the recommendation of the Appellate Division of the District Court and upon a de novo review of the files and records, this court modifies the judgment of the district court in the following manner:

(1) The appellee wife shall be assigned 37.5 percent of the appellant husband’s disposable U.S. Air Force pension, which percentage, as of the date of the decree, amounts to $894.75 per month (37.5 percent times $2,386 equals $894.75). (a) This award is subject to applicable federal regulations and shall be payable monthly through the clerk of the district court for Douglas County, beginning the first day of December 1988. (b) The share of the pension so awarded is to be subject to cost-of-living increases, i.e., it shall be varied to reflect such adjustments, (c) The award of pension rights shall be absolute and not subject to termination by remarriage or any other event except by the terms of 10U.S.C. §§ 1408etseq. (1988).

(2) The husband is ordered to pay the wife $300 per month alimony beginning December 1,1988, for a term of 36 months, and thereafter to pay alimony at the rate of $200 per month for 84 successive months or until the death or remarriage of the wife if one of those events occurs before the expiration of the monthly periods. The alimony payments shall be income to the wife and shall be deductible for tax purposes by the husband.

It is further ordered that this matter be remanded to the district court, which shall conduct a hearing to adjust between the parties all payments, credits, arrearages, and overpayments made, received, and which may be due by and from the parties and the wife’s contribution to the Survivor’s Benefit Plan under the original decree of the trial court, all without interest.

The husband is ordered to pay the sum of $1,000 to apply on the wife’s attorney fees.

Affirmed as modified, and remanded

FOR FURTHER PROCEEDINGS.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          AUG-31-1999
<PERIOD-END>                               NOV-30-1998
<CASH>                                          39,985
<SECURITIES>                                         0
<RECEIVABLES>                                   17,241
<ALLOWANCES>                                   (2,055)
<INVENTORY>                                     84,096
<CURRENT-ASSETS>                               148,770
<PP&E>                                         115,046
<DEPRECIATION>                                  58,119
<TOTAL-ASSETS>                                 285,017
<CURRENT-LIABILITIES>                           65,258
<BONDS>                                        108,109
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        38,418
<OTHER-SE>                                      57,870
<TOTAL-LIABILITY-AND-EQUITY>                   285,017
<SALES>                                         25,702
<TOTAL-REVENUES>                                25,702
<CGS>                                           19,110
<TOTAL-COSTS>                                    8,970
<OTHER-EXPENSES>                                  (99)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             (2,027)
<INCOME-PRETAX>                                (4,504)
<INCOME-TAX>                                   (1,569)
<INCOME-CONTINUING>                            (2,935)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,935)
<EPS-PRIMARY>                                   (0.08)
<EPS-DILUTED>                                   (0.08)
        

</TABLE>
Articles of Amendment to the Registrant's Amended and Restated Articles of Inc



 Exhibit 4.3 
 ARTICLES OF AMENDMENT 
 TO THE 
 AMENDED AND RESTATED ARTICLES OF INCORPORATION 
 OF 
 WATSCO, INC. 
 Watsco, Inc., a Florida
corporation (the “Corporation”), hereby certifies, pursuant to and in accordance with Section 607.1006 of the Florida Business Corporation Act (the “FBCA”), for the purpose of filing these Articles of Amendment
to the Amended and Restated Articles of Incorporation (these “Amended Articles”) with the Department of State of the State of Florida, that: 
  

	 	1.	The name of the Corporation is Watsco, Inc. 

  

	 	2.	The Corporation’s Amended and Restated Articles of Incorporation are hereby amended to provide that vacancies filled by the Board of Directors shall be subject to reelection at
the next annual meeting of stockholders of the Corporation by deleting Article V in its entirety and replacing it with Article V set forth below: 

 “Article V 
 The Corporation shall have not less than three directors and not more than
nine to be divided, as nearly as possible, into three equal classes, Class A, Class B, and Class C to serve in staggered terms of office of three years apiece. 
 Therefore, approximately one-third of the members of the Board of Directors shall be elected every three years to serve for a term of
three years until their successors are duly elected and qualified. Vacancies in the Board of Directors shall be filled by the majority of the directors remaining in office until the next annual meeting of stockholders; and vacancies created by an
increase in the number of directors by the Board of Directors between annual stockholders meetings shall be filled by a majority of the directors remaining in office until the next annual meeting of stockholders.” 
  

	 	3.	The Amended Articles were adopted and approved on April 1, 2009 (i) by a resolution adopted and approved by the directors of the Corporation and (ii) by the
affirmative vote of a majority of the outstanding shares of Common stock and Class B common stock of the Company voting together as a class pursuant to Section 607.0704 of the FBCA (the number of votes cast by these voting groups on these
Amended Articles was sufficient for approval by these voting groups). The Amended Articles shall be effective upon filing with the Department of State of the State of Florida. 

 IN WITNESS WHEREOF, the Corporation has caused these Articles of Amendment to the Amended and Restated Articles of Incorporation to be executed by
a duly authorized officer of the Corporation as of this 1st day of April, 2009. 
  

			
	WATSCO, INC.
		
	By: 	 	/s/ Barry S. Logan
		 	 Barry S. Logan
 Senior Vice
President
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 08-1333

In Re: STANLEY LORENZO WILLIAMS,

Petitioner.

On Petition for Writ of Mandamus. (1:07-cv-00757-TDS-RAE)

Submitted: July 29, 2008 Decided: August 14, 2008

Before MICHAEL, KING, and GREGORY, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Stanley Lorenzo Williams, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

Stanley Lorenzo Williams petitions for a writ of

mandamus, alleging the district court has unduly delayed acting on

his 28 U.S.C. § 2254 (2000) petition. He seeks an order from this

court directing the district court to act. Although we find that

mandamus relief is not warranted because the delay is not

unreasonable, we deny the mandamus petition without prejudice to

the filing of another mandamus petition if the district court does

not act expeditiously. We grant leave to proceed in forma

pauperis. We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials before

the court and argument would not aid the decisional process. 

PETITION DENIED
<PAGE>
                                                                    EXHIBIT 32.1

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                            (18 U.S.C. SECTION 1350)

     In connection with the Quarterly Report of Fedders Corporation, a Delaware
Corporation (the "Company"), on Form 10-Q for the quarter ended March 31, 2005
as filed with the Securities and Exchange Commission (the "Report"), I, Sal
Giordano, Jr., Chief Executive Officer of the Company, certify, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350), 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.


                                        /s/ SAL GIORDANO, JR.
                                        ----------------------------------------
                                        Sal Giordano, Jr.
                                        Chief Executive Officer

Date: December 30, 2005


                                       31
EXHIBIT
3.1(b)





Certificate
of Amendment to Certificate of Incorporation of Provident Financial Holdings,
Inc.


as
filed with the Delaware Secretary of State on November 24, 2009











STATE
OF DELAWARE


CERTIFICATE
OF AMENDMENT


OF
CERTIFICATE OF INCORPORATION








The
corporation organized and existing under and by virtue of the General
Corporation Law of the State of Delaware does hereby certify:





FIRST:  That
at a meeting of the Board of Directors of Provident Financial Holdings, Inc.
resolutions were duly adopted setting forth a proposed amendment of the
Certificate of Incorporation of said corporation, declaring said amendment to be
advisable and calling a meeting of the stockholders of said corporation for
consideration thereof.  The resolution setting forth the proposed
amendment is as follows:





RESOLVED,
that the Certificate of Incorporation of this corporation be amended by changing
the Article thereof numbered “Article VII” so that, as amended, said first
sentence of Article VII shall be and read as follows:





ARTICLE
VII.  Capital Stock. The aggregate number of shares of all classes of
capital stock which the Corporation has authority to issue is 42,000,000, of
which 40,000,000 are to be shares of common stock, $.01 par value per share, and
of which 2,000,000 are to be shares of serial preferred stock, $.01 par value
per share.





SECOND:  That
thereafter, pursuant to resolution of its Board of Directors, an annual meeting
of the stockholders of said corporation was duly called and held upon notice in
accordance with Section 222 of the General Corporation Law of the State of
Delaware at which meeting the necessary number of shares as required by statute
were voted in favor of the amendment.





THIRD:  That
said amendment was duly adopted in accordance with the provisions of Section 242
of the General Corporation Law of the State of Delaware.








[Remainder
of page intentionally left blank with signature on following page]














IN
WITNESS WHEREOF, said corporation has caused this certificate to be signed this
24th day of November 2009.








By:       
      /s/ Donavon P.
      TernesAuthorized OfficerChief Operating Officer, ChiefTitle:    
      Financial
      Officer and SecretaryName:  
      Donavon P.
      TernesPrint or Type
EX-32.0

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 annual report of Tri-State 1st Banc, Inc. on Form 10-KSB for the period ended December 31, 2005 as filed with the Securities and Exchange Commission on the date hereof I, Charles B. Lang, President and Chief Executive Officer, 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 sections 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|               |  |  |  |                              
|-------------- |  |  |  | -----------------------------
|               |  |  |  | Tri-State 1st Banc, Inc.     
|               |  |  |  | (Registrant)                 
|               |  | 
|Date:          |  |  |  | /s/ Charles B. Lang          
|March 26, 2007 |  |  |  | Charles B. Lang              
|               |  |  |  | President                    
|               |  |  |  | (Principal Executive officer)

In connection with the annual report of Tri-State 1st Banc, Inc. on Form 10-KSB for the period ended
December 31, 2005 as filed with the Securities and Exchange Commission on the date hereof I, Kevin Anglemyer Chief Financial Officer, 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 sections 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|               |  |  |  |                         
|-------------- |  |  |  | ------------------------
|               |  |  |  | Tri-State 1st Banc, Inc.
|               |  |  |  | (Registrant)            
|               |  | 
|Date:          |  |  |  | /s/ Stephen Beadnell    
|March 26, 2007 |  |  |  | Stephen Beadnell        
|               |  |  |  | Chief Financial Officer
Electronically FiledIntermediate Court of Appeals2946721-JUL-201108:42 AM
#### Clara Lessler, Respondent, v. Assets Realization Company, Appellant, Impleaded with John L. Ulrich, as Administrator, etc., of R. Ulrich *904(Whose First Name Is Unknown), Deceased, and Others.

Judgment affirmed, with costs.

All concurred.
#### The Goodyear Tire and Rubber Company, Respondent, v. The New York Taxicab Company, Appellant.

Order affirmed, with ten dollars costs and disbursements. No opinion.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEETS AND THE CONSOLIDATED STATEMENTS OF INCOME AS OF
SEPTEMBER 30, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          SEP-30-1998
<PERIOD-START>                             OCT-01-1997
<PERIOD-END>                               SEP-30-1998
<CASH>                                             796
<SECURITIES>                                         0
<RECEIVABLES>                                   14,298
<ALLOWANCES>                                         0
<INVENTORY>                                     71,727
<CURRENT-ASSETS>                                 4,280
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  91,101
<CURRENT-LIABILITIES>                           14,598
<BONDS>                                         63,496
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,204
<OTHER-SE>                                      11,803
<TOTAL-LIABILITY-AND-EQUITY>                    91,101
<SALES>                                        107,149
<TOTAL-REVENUES>                               108,501
<CGS>                                          100,242
<TOTAL-COSTS>                                  100,242
<OTHER-EXPENSES>                                 4,814
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  3,386
<INCOME-TAX>                                     1,366
<INCOME-CONTINUING>                              2,021
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,021
<EPS-PRIMARY>                                       20
<EPS-DILUTED>                                       20
        

</TABLE>
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

HARJINDER SINGH,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 11-70102

Agency No. A075-246-742

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted March 12, 2013** 

Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.

Harjinder Singh, a native and citizen of India, petitions for review of the

Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen

removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for

FILED

MAR 20 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 11-70102

an abuse of discretion the BIA’s denial of a motion to reopen. Toufighi v.

Mukasey, 538 F.3d 988, 992 (9th Cir. 2008). We deny the petition for review. 

The BIA did not abuse its discretion in denying Singh’s motion to reopen as

untimely where the motion was filed over three years after the BIA’s final order,

see 8 C.F.R. § 1003.2(c)(2), and Singh failed to present sufficient evidence of

changed circumstances in India to qualify for the regulatory exception to the time

limit for filing motions to reopen, and where an affidavit presented by Singh failed

to overcome the immigration judge’s prior adverse credibility finding, see 8 C.F.R.

§ 1003.2(c)(3)(ii); Toufighi, 538 F.3d at 996-97 (petitioner failed to establish a

prima facie case for relief in light of the immigration judge’s conclusive findings

on his underlying claim).

PETITION FOR REVIEW DENIED.
Pursuant to 5 T H C IR . R. 47.5 , the court has determined that this opinionshould not * be publishe d and is not precedent except under the limited circu mstance s set forth in 5 T H C IR . R. 47.5 .4. 

### INTHE UNI TED S TATESCOU RT OFAPPEALS

FORTHE FIFTH CIRCU IT

N o. 09- 20116 C onfer enc e Cal endar UN I TE D S TA TE S OF AM ERI CA, P l ai n t i f f

- A pp el l ee v. M A X IM IA N O S A N T IA G O -C R U Z , D e fe nda nt - Appe l l ant

A pp ealf

rom t h e U n i t ed S t ates D i st ri ctC ou rt f or t h e S ou t h ernD i st ri ctof T exas U SD C N o. 4: 08- C R
- 452- 1 B e fo r e G A R Z A , D E N N IS , a n dE L R O D , C ir c u it J u d g e s . P E R C U R IA M: * T h e att orneyapp oi n t ed to represent M axim i anoSa nti ag o - Cruz ha s m oved f o rl e av e t o w i t h draw a n d has f i l e d ab r i e f

i n a c c o r da nc e w i t h A nders v. Ca lif o rn ia , 386 U . S . 738 ( 196 7) . S an t i ago-C ruz ha s f i l ed a respon se. Th e rec ord is in s u ff ic ie n t lyd e v e lo p e dto a ll o w c o n s id e r a t io n a t t h is t im e o f S a n t ia g o -C r u z ’s c l ai m of

i nef f ective ass i st ance of

c ounse l ; s uch c l ai m s gener al l y “ c annotbe resolvedon d i rectapp ealw h en [t h ey h ave] n otbeen rai sed b e for e t h e di st ri ct c o ur ts i nc e no o ppo r t uni t y e xi s t e d t o de ve l o p t he r e c o r d o n t he m e r i t s o f t he United States Court of App eals

Fifth Circuit 

### F I L E D Februar y 12, 2010 Cha rl es R. F ulb ru g e II I Clerk Case: 09-20116 Document: 00511027435 Page: 1 Date Filed: 02/12/2010N o. 09- 20116

2 a l l eg a tio n s .” Un itedS ta tes v. Ca n tw ell , 470 F. 3d 1087, 1091 ( 5t h C i r . 2006) (i nt e r nalq uo t at i o n m ar ks a nd c i t at i o n o m i t t e d) . Ouri nde pe nde ntr e vi e w o f t he r e c o r d, c ou n sel ’ s b r i e f, a nd Sant i ag o - Cruz ’ s r e s po ns e di s c l o s e s no no nf r ivo l o us i s s u e f o r a p p e a l . A c c o r d i n g l y , t h e mo t i o n f o rl e a v e t o wit h d r a w i s GRANT ED , cou n sel i s e x c u sed f rom f u rth er re sp on sibi l i ti es h ere i n , an dthe A P P E A L IS D IS M IS S E D . S ee5 T H C IR . R . 4 2 .2 . S a n tia g o -C r u z ’ s m o tio n to p r o c e e dp r o s e is D E N IE D . S ee Un i t ed S t ate s v. W ag n er , 1 5 8 F .3d 9 0 1 , 9 0 2 -0 3 (5t h C ir. 1 9 9 8 ). Case: 09-20116 Document: 00511027435 Page: 2 Date Filed: 02/12/2010
# Votes

**

----

10,000 or more votes

Cloture

Roll Call Votes

Tie Votes

Vote-aramas, 1977 to Present

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#### Caroline Stern, as Sole Qualifying Executrix, etc., of Louis Stern, Deceased, Plaintiff, v. Bertha Robinson, Defendant.

Judgment ordered for plaintiff, without costs. No opinion. Order to be settled on notice.
N OTE : This order is nonprecedential

.



# United States Court of Appeals

**for the Federal Circuit**

______________________

WINVIEW IP HOLDINGS LLC,

Appellant

v.

FANDUEL, INC.,

Appellee

______________________

2024

- 1651

______________________

Appeal from the United States Patent and Trademark

Office, Patent Trial and Appeal Board in No. IPR2022

-

01306.

______________________

ON MOTION

______________________

O R D E R

Upon consideration of WinView IP Holdings LLC ’s unopposed motion to voluntarily dismiss this appeal pursuant

to Federal Rule of Appellate Procedure 42(b) and the parties’ agreement as to the allocation of costs

,

I T I S O RDERED T HAT :

(1) The motion is granted

. The appeal is dismissed. Case: 24-1651 Document: 16 Page: 1 Filed: 08/19/2024WINVIEW IP HOLDINGS LLC v. FANDUEL

, INC

. 2

(2) Each party shall bear its own costs.

August 19

, 202 4

Date F OR THE C OURT

ISSUED AS A MANDATE: August 19, 2024 Case: 24-1651 Document: 16 Page: 2 Filed: 08/19/2024