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that this opinion should not be published and is not precedent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

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 97-30655

Summary Calendar

_____________________

GAIL BELONEY,

Plaintiff-Appellant,

versus

WINN DIXIE LOUISIANA, INCORPORATED,

Defendant-Appellee.

Appeal from the United States District Court

for the Eastern District of Louisiana

(CA No. 97-CV-839)

November 13, 1997

Before WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Gail Beloney appeals from a final judgment dismissing for lack

of subject matter jurisdiction her slip-and-fall diversity action

against Winn Dixie Louisiana, Inc. (WDL). She contends that the

district court erred (1) in determining that WDL has its principal

place of business in Louisiana, rather than in Florida, and is

therefore not diverse from Beloney for purposes of 28 U.S.C. §

1332; (2) in not permitting additional discovery on the diversity
- 2 -

issue; and (3) in permitting WDL to take the position that no

diversity existed, in the light of claimed prior inconsistent

positions in other litigation. 

We review de novo a dismissal for lack of subject matter

jurisdiction, applying the same standard as the district court.

International Paper Co. v. Denkmann Assocs., 116 F.3d 134, 136 (5th

Cir. 1997). Pursuant to that review, we conclude that the district

court was (1) not clearly erroneous in determining that WDL’s

principal place of business is Louisiana, Grinter v. Petroleum

Operation Support Serv., Inc., 846 F.2d 1006, 1007 (5th Cir.),

cert. denied, 488 U.S. 969 (1988); (2) did not abuse its discretion

in not permitting discovery on the diversity issue (we note that,

although discovery was requested in the opposition to the motion to

dismiss, it does not appear that a motion seeking additional

discovery was filed), Villar v. Crowley Maritime Corp., 990 F.2d

1489, 1495 (5th Cir. 1993), cert. denied, 510 U.S. 1044 (1994); and

did not err in permitting WDL to assert that it was not diverse

from Beloney, Coury v. Prot, 85 F.3d 244, 249 (5th Cir. 1996). 

AFFIRMED
**Exhibit 31.1**

 

**CERTIFICATION**

 

I, Rory J. Cowan, certify that: 

 

1. I have reviewed this report on Form 10-Q of Lionbridge Technologies, Inc.; 

 

2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 

 

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly presentin all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report; 

 

4. The registrant’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as definedin Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the registrant and have: 

 

(a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures tobe designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report isbeing prepared; 

 

(b) Designed such internalcontrol over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financialstatements for external purposes in accordance with generally accepted accounting principles; 

 

(c) Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and 

 

(d) Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

 

5. The registrant’s other certifying officer and I have disclosed, basedon our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors: 

 

(a) All significant deficiencies and material weaknesses in the design or operation of internal control overfinancial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and 

 

(b) Any fraud, whether or not material, that involves management or other employees who have a significantrole in the registrant’s internal control over financial reporting. 

 

Date:November 9, 2005
Exhibit 33.1.4.1

 

**REPORT ON ASSESSMENT OF COMPLIANCE**

 

First American Real Estate Solutions of Texas, L.P. (an indirect subsidiary of The First American Corporation and the “Asserting Party”) is responsible for assessing compliance as of December 31, 2007, and for the period from January 1, 2007 through December 31, 2007 (the “Reporting Period”) with the servicing criteria set forth in Title 17, Sections 229.1122(d)(1)(iv), (d)(2)(v), (d)(2)(vi), (d)(2)(vii), (d)(4)(xi), (d)(4)(xii) and (d)(4)(xiii) of the Code of Federal Regulations applicable to the Asserting Party (“the Applicable Servicing Criteria”). The transactions covered by this report include all loans for residential and commercial mortgage loan outsourcing customers for which the Asserting Party served as the residential and commercial tax service provider (“the Platform”).

 

The Asserting Party has assessed its compliance with the Applicable Servicing Criteria for the Reporting Period and has concluded that the Asserting Party has complied, in all material respects, with the Applicable Servicing Criteria as of December 31, 2007, and for the Reporting Period with respect to the Platform taken as a whole.

 

PricewaterhouseCoopers LLP, an independent registered public accounting firm, has issued an attestation report on the assessment of compliance with the Applicable Servicing Criteria as of December 31, 2007, and for the Reporting Period as set forth in this assertion.

 

FIRST AMERICAN REAL ESATE SOLUTIONS OF TEXAS, L.P.

By: First American Real Estate Solutions LLC

|   | General Partner |
|--------|-----------------|

 

 

/s/ Lucy A. Przybyla

Lucy A. Przybyla

Senior Vice President

February 12, 2008
Stanart

CountyClerk

PROBATECOURT3

INTHEESTATEOF § INTHEPROBATECOURT

DONALDH.WILLIAMS, § NUMBERTHREE(3)

DECEASED § HARRISCOUNTY, TEXAS§

TOTHECOURT:i

TracyL. Dampier,herebygivenoticeof his desireto

appealthe judgmentsignedonoraboutMay7,2015,bytheHarris

CountyProbateCourtNumberThree,in causenumber427,929,styledIn

theEstateofDonaldH.

Appealis herebytakento eithertheFirstor FourteenthCourtsof

AppealsinHarrisCounty,Texas.

Thisnoticeis byapplicant,TracyL.Dampier.

Dated: July31,2015.Respectfully

submitted,

A.Hootman Timothy A.Hootman

SBN09965450 2402 Pease St

Houston,TX77003

and Gary E.Patterson

SBN15590830

EricC.Dowdy SBN24082929

1

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 8/7/2015 3:31:47 PM CHRISTOPHER A. PRINE Clerk
1010LamarSt,Ste860

Houston,TX77002

713.223.3095

L.

CERTIFICATE OFSERVICE

I herebycertifythat on this daya true and correctcopyofthe

documentwassenttoallcounsel recordbyelectronicmeans

incompliancewithRulesofCivilProcedure.

July31,2015

A. ;Timothy A.Hootman

2
NO.

IN ESTATE IN Q

H.WIL S,

COUNTY,

2 2 A

W.

3

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Summary

M. and

Judgment A

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3
STAN STANART

COUNTY CLERK, HARRIS COUNTY, TEXAS

PROBATE COURTS DEPARTMENT

0f AUGUST, 2015

CLERK OF THE COURT OF APPEALS FOR THE

FIRST JUDICIAL DISTRICT (CIVIL APPEAL)

301 FANNIN STREET

HOUSTON, TEXAS 77002ESTATE

OF: DONALD H. DECEASED

CAUSE NO.: 427,929

TRACY L. DAMPNER PROBATE COURT NO. THREE

APPELLANT HARRIS COUNTY, TEXAS

HEIDI MICHELLE WILLIAMS AND

CHERYL YEARND ROBIN KULHANEK DAY

APPELLEE COURT REPORTER

APPELLANT ATTORNEY OF RECORD

I NAME: TIMOTHY A. HOOTMAN

ADDRESS: 2402 PEASE ST.

HOUSTON, TEXAS 77003

713-247-9548

FAX 713—583—9523

EMAIL ADDRESS: THOOTMAN2000@YAHOO.COM

TEXAS STATE 09965450

ATTORNEY OF RECORD FOR APPELLEE

NAME: KATHLEEN H. BOLL

ADDRESS: 3200 FREEWAY

FLOOR

HOUSTON, TEXAS 77027

713—940—4500

FAX 713—940—4545

EMAIL ADDRESS: KB0ll@

TEXAS STATE 00798431

DATE OF JUDGMENT: MAY 7, 2015

MOTION FOR NEW TRIAL FILED BY APPELLEE: MAY 20, 2015

CROSS-MOTION FOR JUDGMENT N.O.V. AND NEW TRIAL

FINDINGS OF FACT AND CONCLUSION OF LAW

MOTION FOR MISTRIAL

JU RY TRIAL:

APPEALS CONSOLIDATED UNDER THIS CAUSE:

COMPANION CASES:

NOTICE OF APPEAL FILED ON: 30, 2015

4
STAN STANART,

Harris Clerk

L. RANDALL

ALYSIAN L. RANDALL, DEPUTY

Pr0bate C0urts Department

5
Exhibit 31

                             Certifications

I, John Anderson, certify that:

     1.  I have reviewed this report on Form 10-K and all reports on Form
         10-D required to  be filed in respect of the period covered by
         this report on Form 10-K of Soundview Home Loan Trust 2007-WMC1
         (the "Exchange Act periodic reports");

     2.  Based on my knowledge, the Exchange Act periodic reports, taken as
         a whole, do not contain any untrue statement of a material fact
         or omit to state a material fact necessary to  make the statements
         made, in light of the circumstances under which such statements
         were made, not misleading with respect to the period covered by
         this report;

     3.  Based on my knowledge, all of the distribution, servicing and other
         information required to be provided under Form 10-D for the period
         covered by this report is included in the Exchange Act
         periodic reports;

     4.  Based on my knowledge and the servicer compliance statement required
         in this report under Item 1123 of Regulation AB, and except
         as disclosed in the Exchange Act periodic reports, the servicer
         has fulfilled its obligations under the servicing agreement in
         all material respects; and

     5.  All of reports on assessment of compliance with servicing criteria
         for asset-backed securities and their related attestation reports
         on assessment of compliance with servicing criteria for asset-backed
         securities required to be included in this report in accordance with
         Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18
         have been included as an exhibit to this report, except as otherwise
         disclosed in this report. Any material instances of noncompliance
         described in such reports have been disclosed in this report on
         Form 10-K.

     In giving the certifications above, I have reasonably relied on information
provided to me by the following unaffiliated parties:  Countrywide Home Loans
Servicing LP and Deutsche Bank National Trust Company.

Date: March 28, 2008


/s/ John Anderson
Name:  John Anderson
Title:  Managing Director
(Senior officer in charge of securitization of the Depositor)
I 

113TH CONGRESS 

2D SESSION H. R. 5729 

To expand the program of priority review to encourage treatments for tropical 

diseases. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 18, 2014 

Mrs. BLACKBURN (for herself, Mr. GENE GREEN of Texas, Mr. 

BUTTERFIELD, Mr. MCCAUL, and Mr. FLEISCHMANN) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To expand the program of priority review to encourage 

treatments for tropical diseases. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Adding Ebola to the 

5 FDA Priority Review Voucher Program Act’’. 

6 SEC. 2. PRIORITY REVIEW TO ENCOURAGE TREATMENTS 

7 FOR TROPICAL DISEASES. 

8 Section 524 of the Federal Food, Drug, and Cosmetic 

9 Act (21 U.S.C. 360n) is amended— 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•HR 5729 IH

1 (1) in subsection (a)(3)— 

2 (A) by redesignating subparagraph (Q) as 

3 subparagraph (R); 

4 (B) by inserting after subparagraph (P) 

5 the following: 

6 ‘‘(Q) Filoviruses.’’; and 

7 (C) in subparagraph (R), as so redesig8 nated, by striking ‘‘regulation by’’ and inserting 

9 ‘‘order of’’; and 

10 (2) in subsection (b)— 

11 (A) in paragraph (2), by adding ‘‘There is 

12 no limit on the number of times a priority re13 view voucher may be transferred before such 

14 voucher is used.’’ after the period at the end; 

15 and 

16 (B) in paragraph (4), by striking ‘‘365 

17 days’’ and inserting ‘‘90 days’’. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS
#### James Stockwell, as Receiver, etc., Appellant, v. The National Bank of Malone and Nathaniel Rowell, Respondents.

— Motion to go to the Court of Appeals denied.
[Federal Register Volume 60, Number 237 (Monday, December 11, 1995)]
[Notices]
[Page 63540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30008]



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

DEPARTMENT OF THE INTERIOR
[AZ-933-05-1430-01; 5410-00-A113; AZA 4558, AZA 29367]


Notice of Realty Action; Termination of R&PP Classification; 
Correction Concerning Concession Lease; Application for Conveyance of 
Federally-Owned Mineral Interests (CMI)

AGENCY: Bureau of Land Management, Interior.

ACTION: (1) Termination/R&PP Classification; (2) Correction/Concession 
Lease; (3) Segregation for CMI.

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

SUMMARY: (1) AZA 4458. The following described 80 acres were classified 
on June 17, 1971, for a private exchange.

Gila and Salt River Meridian, Arizona

T. 4 S., R. 14 E.,
    Sec. 8, NE\1/4\SW\1/4\, SW\1/4\SW\1/4\.

    Since these lands were not conveyed in the exchange, the 
classification is terminated effective the date of this notice.

    (2) In notice document 95-20925 beginning on page 43811 in the 
issue of Wednesday, August 23, 1995, make the following correction: On 
page 43812 in the first column, please delete the following: ``Upon 
publication of this notice in the Federal Register, the lands will be 
segregated from all forms of appropriation under the public land laws, 
including the general mining laws, except for leasing under mineral 
leasing laws.'' This sentence does not apply to leasing land under 
regulations found at 43 CFR part 2920. All other details of the notice 
remain as originally published.
    (3) AZA 29367. Pursuant to section 209 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1719), the Dunne Family Trust, 
Alexander Dunne, and Thomas Griffin Dunne have applied to purchase the 
mineral estate in the following lands:

Gila and Salt River Meridian, Arizona

T. 23 S., R. 14 E.,
    Sec. 34, NW\1/4\.

    The area described contains 160 acres.

    Upon publication of this notice, the mineral interests described 
above will be segregated from the mining and the mineral leasing laws. 
The segregation shall terminate upon issuance of a patent, upon final 
rejection of the application, or 2 years from the publication date, 
whichever occurs first.

EFFECTIVE DATE: December 11, 1995.

FOR FURTHER INFORMATION CONTACT:
Evelyn Stob, Land Law Examiner, Arizona State Office (AZ933), 3707 
North 7th Street, Phoenix, Arizona 85014, Phone: (602) 650-0518.

    Dated: December 4, 1995.
Mary Jo Yoas,
Chief, Branch of Lands and Minerals Operations Section.
[FR Doc. 95-30008 Filed 12-8-95; 8:45 am]
BILLING CODE 4310-32-M
#### Littlefield Stove Company, Appellant, v. The City of Albany, Respondent.

—Judgment unanimously affirmed, with costs.
```
[Federal Register Volume 60, Number 239 (Wednesday, December 13, 1995)]
[Sunshine Act Meetings]
[Page 64101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30441]

Board of Governors of the Federal Reserve System

Time and Date: 12:00 noon, Monday, December 18, 1995.

Place: Marriner S. Eccles Federal Reserve Board Building, C Street 
entrance between 20th and 2lst Streets, N.W., Washington, D.C. 20551.

Status: Closed.

Matters to be Considered:

    1. Personnel actions (appointments, promotions, assignments, 
reassignments, and salary actions) involving individual Federal 
Reserve System employees.
    2. Any items carried forward from a previously announced 
meeting.
Contact Person for More Information: Mr. Joseph R. Coyne, Assistant to 
the Board; (202) 452-3204. You may call (202) 452-3207, beginning at 
approximately 5 p.m. two business days before this meeting, for a 
recorded announcement of bank and bank holding company applications 
scheduled for the meeting.

    Dated: December 8, 1995.
William W. Wiles,

Secretary of the Board.

[FR Doc. 95-30441 Filed 12-8-95; 4:38 pm]

BILLING CODE 6210-01-P
```
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#### CLEO WILSON v. SOUTHERN RAILWAY COMPANY.

(Filed 29 September, 1943.)

Negligence § 10—

In an action for tbe negligent injury by defendant of plaintiff!, wbo drove a tractor, to which were attached plows, on the railroad track of *408defendant, where it stalled and plaintiff remained on the track in an attempt to get the tractor and plows across, after he had seen defendant’s train approaching, until injured, judgment of nonsuit was proper on authority of *Temple v. Hawkins,*220 N. C., 26.

Appeal by plaintiff from *Alley, J.,*at Marcb-April Term, 1943, of TRANSYLVANIA.

Civil action to recover for injuries allegedly resulting from actionable negligence of defendant.

Evidence for plaintiff in tbe trial court tends to show in brief these facts: Plaintiff was injured on the morning of 18 December, 1942, when stricken by a freight train of defendant moving on its line of railroad from Hendersonville toward Brevard in the State of North Carolina at a farm road crossing over the railroad track. He was operating a tractor to which plows were attached. As he traveled along the farm road at a speed of ñve or ten miles per hour, and when “about 25 or 50 feet” from the railroad track at the crossing, where the track towards Hendersonville was in view for a distance of five hundred yards, plaintiff looked in that direction and no train was in sight. Thereupon, he changed “into low gear to ease the tractor across,” but after the front wheels of the tractor passed over the rail of the track the plows caught against the rail. About two minutes later the train hit him. From the time plaintiff looked when “about 25 or 50 feet” from the track, and after looking in other direction, plaintiff had his head down watching the plows, and he did not again look down the railroad track in the direction of Hendersonville until he saw the train “something like ten or fifteen feet” away, after which he “started to get out and jump off” but the train hit him.

There was judgment as of nonsuit at close of evidence of plaintiff, from which he appeals to the Supreme Court and assigns error.

*Edward H. McMahan for -plaintiff, appellant.*

*W. T. Joyner and Jones, Ward ■& Jones for defendant, appellee.*

Per Curiam.

The factual situation here is similar to that in the recent case of *Temple v. Hawkins,*220 N. C., 26, 16 S. E. (2d), 400. The decision there, in conformity with well established principle in long line of decisions in this State, is appropriate here. Hence, under authority of that case, the judgment below is

Affirmed.
|    |
|----|
|    |  |
| 1. | I have reviewed this Amendment No.1 to Form 10-K of Greenlight Capital Re, Ltd.; and |

|    |
|----|
|    |  |
| 2. | Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the periods covered by this report. |

|        |
|--------|
|        |  |  |
| Dated: | April 29, 2020 | /s/ SIMON BURTON                      |
|   |   | Simon BurtonChief Executive Officer(principal executive officer) |
|   |   |   |