alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### G. W. TICKLE v. FRANK P. HOBGOOD, Administrator, et al.

(Filed 5 January, 1938.)

1. Appeal and Error §§ 37b, 40c—

An application for a bill of particulars, C. S., 534, or a motion to require a pleading to be made more definite and certain, O. S., 537, is addressed to tbe discretion of tbe trial court, and bis ruling tbereon in tbe exercise of sueb discretion is ordinarily not reviewable, but it is error for tbe trial court to rule tbereon as a matter of law without tbe exercise of discretion.

2. Pleadings § 27—

An application for a bill of particulars or a motion to require a pleading to be made more definite and certain is addressed to tbe discretion of the trial court, and it is error for tbe trial court to rule tbereon as a matter of law without tbe exercise of discretion.

Baknhill, J., took no part in tbe consideration or decision of tbis case.

Appeal by defendant from *Barnhill, J.,*at March Special Term, 1937, of ALAMANCE.

Civil action by ultimate consumer to recover of manufacturer or bottler damages resulting from drinking bottled beverage containing noxious substance.

Plaintiff alleges that on 9 May, 1936, be purchased a bottle of coca-cola, manufactured and placed on tbe market by tbe defendant, wbicb contained some deleterious substance; that be became ill from drinking, part of its contents, and that be thereby sustained great injury and damage.

Anticipating that tbe plaintiff would attempt to show other instances of deleterious substances discovered in like products, manufactured under substantially similar circumstances and sold by tbe defendant “at about tbe same time,” *Enloe v. BoUling Go.,*208 N. C., 305, 180 S. E., 582, tbe defendant seasonably asked for a bill of particulars of any such instances wbicb tbe plaintiff proposed to show and rely upon to make out bis case.

*763The court, “being of opinion that the defendant is not entitled to the •order prayed for,” overruled defendant’s motion “as a matter of law and without exercise of the discretion vested in the court.”

From the foregoing disposition of defendant’s motion he appeals, assigning error.

*Lamerón & Young for plaintiff, appellee.*

*J. Lolph Long and B. M. Bobinson for defendant, appellants.*

Stagy, C. J.

An application for a bill of particulars under C. S., 534, or a motion to require a pleading to be made more definite and certain under 537, is addressed to the sound discretion of the trial court, and his ruling thereon, made in the exercise of such discretion, is not reviewable on appeal, except perhaps in extreme cases. *Temple v. Tel. Co.,*205 N. C., 441, 171 S. E., 630; *S. v. Bryant,*111 N. C., 693, 16 S. E., 326. Where however, as here, the court denies the motion as a matter of law, without the exercise of discretion, the defendant is entitled to have the application reconsidered and passed upon as a discretionary matter. *Townsend v. Williams,*117 N. C., 330, 23 S. E., 461; *S. v. Fuller,*114 N. C., 885, 19 S. E., 797. For procedure in criminal cases see C. S., 4613; *S. v. Wadford,*194 N. C., 336, 139 S. E., 608.

Error.

Babnhill, J., took no part in the consideration or decision of this-case.
Exhibit 32.2

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 Washington Banking Company (the Company) on Form 10-Q for the period ended June 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Richard A. Shields, Chief Financial Officer of the Company, 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 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 result of operations of the Company as of, and for, the periods presented in the Report.

This certification is being furnished solely to comply with the requirements of 18 U.S.C. Section 1350, and shall not be incorporated by reference into any of the Companys filings under the Securities Act of 1933 or the Securities Exchange Act of 1934, or otherwise be deemed to be filed as part of the Report or under such Acts.

/s/ Richard A. Shields
Richard A. Shields
Chief Financial Officer

August 7, 2009
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

SAMANTHA JO TACKITT,

 Defendant - Appellant.

No. 13-30354

D.C. No. 1:13-cr-00115-BLW

AMENDED MEMORANDUM*

Appeal from the United States District Court

for the District of Idaho

B. Lynn Winmill, Chief Judge, Presiding

Submitted December 5, 2014**

Before: HAWKINS, McKEOWN, and FRIEDLAND, Circuit Judges.

Samantha Jo Tackitt appeals from the district court’s judgment and challenges 

the 151-month sentence imposed following her guilty-plea conviction for 

conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a) and 

846. We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand for 

 

* 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).

FILED

JAN 13 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 13-30354

resentencing.

The government concedes that the government breached the parties’ plea

agreement by using Tackitt’s immunized admissions about her criminal conduct at 

sentencing.

1

 The parties dispute what standard of review applies and whether 

Tackitt was prejudiced by the breach. We conclude that remand is warranted even 

under plain error review because there is a reasonable probability that the court’s

choice of a high-end sentence was influenced by the immunized admissions. See

United States v. Whitney, 673 F.3d 965, 972-74 (9th Cir. 2012) (finding plain error 

where the government’s use of immunized admissions was an implicit argument for 

a harsher sentence and, therefore, likely “influenced the court's overall view of the 

appropriate sentence”). Accordingly, we vacate and remand for resentencing. See 

id. at 976. We remand to a different judge as required by our circuit law “although 

in doing so we intend no criticism of the district judge . . . and none should be 

inferred.” Id. (internal quotations omitted).

VACATED and REMANDED for resentencing.

 

1 See Berger v. United States, 295 U.S. 78, 88 (1935).
SOCIAL SECURITY

| MEMORANDUM |
|------------|
| Date:      | April 6, 2004 |   | TCC |
| To:        | Peter Ferrara |
| From:      | Stephen C. Goss, Chief Actuary |
| Subject:   | Additional Estimated Financial Effects of "The Progressive Personal Account Plan"--INFORMATION |

The attached tables 1e and 2e provide additional information that supplements the memorandum of December 1, 2003.  All estimates in these tables are entirely consistent with estimates provided on December 1.

Specifically these tables provide a component breakdown of the  estimates of total net cash flow from the OASDI trust funds to the General Fund of the Treasury.  The total net cash flow estimates were provided in tables 1c and 2c earlier.

Total net cash flow from the trust funds to the general fund is shown in two components.  The first is the cash flow due to the net amounts of the specified transfers to the trust funds under this proposal.  The amounts of the specified transfers are detailed in columns (3), (4), and (5) of tables 1d and 2d provided earlier.  Under the provisions of the proposal, net specified transfers to the trust funds are projected to occur in years 2005 through 2054 in table 1e with expected average yield assumptions, and in years 2005 through beyond 2078 in table 2e with the low-yield assumptions.

The second component is the residual amount of cash flow due to the trust funds' net purchase (or redemption) of assets held in the form of special-issue Treasury securities.  Net purchases of Treasury securities are assumed to change to net redemptions starting in 2005, under the proposal.  Net redemptions are projected to continue through 2028 under the expected average yield assumptions and through 2034 under the low-yield assumptions.  After these years, the trust funds are expected to make no further net purchase or redemption of Treasury securities, on a cash flow basis.  The trust funds, by the design of the proposal are then projected to grow solely through the reinvestment of interest credited on assets.        

|                 |
|-----------------|
| Stephen C. Goss |

Attachments: 2 

| Table **1e** |       | Table **2e** |
|--------------|--------------------------------|--------------|

List of memos
# Third District Court of Appeal State of Florida
Opinion filed March 1, 2023

. Not final until disposition of timely filed motion for rehearing.

________________ No. 3D22

- 0026 Lower Tribunal No. 18

- 25630

________________ 

### Amy Knights , Appellant,

vs. 

### Citizens Property Insurance Corporation , Appellee.

An Appeal from the Circuit Court for Miami

- Dade County, Gina Beovides , Judge. Font & Nelson, PLLC, and Jose P. Font , and James C. Thomas (Fort Lauderdale), for appel lant. Roig Lawyers, and Abbi Freifeld Carr, and Jeffrey R. Geldens (Deerfield Beach) , for appellee.

Before FERNANDEZ, C.J., and LINDSEY, and GORDO , JJ.
PER CURIAM.2 Appellant Amy Knights appeals a final judgment entered in favor of Appellee Citizens Property Insurance Corporation. Knight sued Citizens under her homeowner’s insurance policy seeking recovery for damages allegedly caused by a water heater leak. Citizens denied coverage on the
basis t hat the leak was determined to be caused by constant, repeated leakage or seepage, a cause specifically excluded by the policy. A jury
returned a verdict in favor of Citizens. Knights argues on appeal that the verdict was a product of error , either because the trial c ourt erroneously rejected her proposed jury instructions and verdict form, or because the trial court used the wrong instruction and verdict form. We disagree. Finding no abuse of discretion by the trial court, we affirm. See St. Paul Mercury Ins.
Co. v. Coconut Grove Bank , 106 So. 3d 452, 454 (Fla. 3d DCA 2009) ; Gonzalez v. Rose , 752 So. 2d 39, 41

- 42 (Fla. 3d DCA 2000); Sorrells v.
Montesino , 2 So. 3d 297, 299 (Fla. 4th DCA 2008).
Affirmed.
Order issued February 27, 2013

In ‘[he

Qtnurt of ppI?ata

i$iftl! iatrirt of exaa at Oaftaz

No, 05-12-00948-CR

No. 05-12-00949-CR

No. 05-12-00950-CR

RENEISHA ANQUINETTE STEWART, Appellant

V.

THE STATE OF TEXAS, Appellee

ORDER

The Court has before it appellant’s February 19, 2013 motion to reduce hail that was

improperly filed in this Court. See TEx. CODE TEx. CRIM. App. PRoc. ANN. art. 44.04(d) (West

2006). Accordingly, the Court DENIES appellant’s motion to reduce bail.

Based on the Court’s opinion of this date, we GRANT the September 12, 2012 motion

for leave to withdraw as appointed counsel on appeal. We DIRECT the Clerk of the Court to

remove Adrienne A. Dunn and Nanette Hendrickson as counsel of record for appellant. We

DIRECT the Clerk of the Court to send a copy of this order and all future correspondence to
Reneisha Anquinefte Stewart, Bookin No. 12025414, Dallas County Jail, P.O. Box 660334,

Dallas, Texas, 75266-0334.

MARY

JUSTICE
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                VANDENBERG SPACE FORCE BASE, Calif.    –              

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Exhibit 23.2








CONSENT OF INDEPENDENT ENGINEERS





As independent engineering consultants, Williamson Petroleum Consultants, Inc. hereby consents to the use of our report entitled “Evaluation of Oil and Gas Reserves to the Interests of Clayton Williams Energy, Inc. in Certain Domestic Oil and Gas Reserves and to the Interests of Warrior Gas Company in the Gataga Gas Unit No. 5A, Vermejo (Ellenburger) Field, Loving County, Texas Effective December 31, 2009, for Disclosure to the Securities and Exchange Commission, Williamson Project 9.9376” dated February 15, 2010 and data extracted therefrom (and all references to our Firm) included in or made a part of this Form 10-K/A Annual Report to be filed on or about December 20, 2010 and to the incorporation by reference of this Form 10-K/A Annual Report (including the use of our report and references to our Firm herein) into that certain Registration Statement on Form S-3 filed by Clayton Williams Energy, Inc. with the Securities and Exchange Commission, file number 333-116825, and those certain Registration Statements on Form S-8 filed by Clayton Williams Energy, Inc. with the Securities and Exchange Commission, file numbers 33-68320, 33-68316, 33-69688, and 33-92834 covering the Bonus Incentive Plan of Clayton Williams Energy, Inc., Outside Directors Stock Option Plan of Clayton Williams Energy, Inc., Clayton Williams Energy, Inc. 401(k) Plan & Trust, and the Executive Incentive Stock Compensation Plan of Clayton Williams Energy, Inc., respectively.

















/s/ WILLIAMSON PETROLEUM CONSULTANTS, INC.





Midland, Texas


December 20, 2010
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEET AS OF DECEMBER 31, 1999 AND THE INCOME STATEMENT FOR THE TWELVE MONTHS
ENDED DECEMBER 31, 1999, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000,000
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<EXCHANGE-RATE>                                      1
<CASH>                                              50
<SECURITIES>                                         0
<RECEIVABLES>                                      286
<ALLOWANCES>                                        35
<INVENTORY>                                        223
<CURRENT-ASSETS>                                   635
<PP&E>                                             248
<DEPRECIATION>                                     122
<TOTAL-ASSETS>                                   1,403
<CURRENT-LIABILITIES>                              520
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             4
<OTHER-SE>                                       (331)
<TOTAL-LIABILITY-AND-EQUITY>                     1,403
<SALES>                                          2,470
<TOTAL-REVENUES>                                 2,470
<CGS>                                            1,771
<TOTAL-COSTS>                                    1,771
<OTHER-EXPENSES>                                   540
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 104
<INCOME-PRETAX>                                     58
<INCOME-TAX>                                        34
<INCOME-CONTINUING>                                 23
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        23
<EPS-BASIC>                                       0.59
<EPS-DILUTED>                                     0.55


</TABLE>
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United States Space Command

USSPACECOM

                - 
                - 
                - 
                - 
                - 

Search

Search
Search

-  Home		 
-  About    -  Mission         
  -  Warfighting Units         
  -  Frequently Asked Questions         
  -  Strategic Vision         
  -  Emblem 
-  Leaders    -  Commander         
  -  Deputy Commander         
  -  Command Senior Enlisted Leader         
  -  Chief of Staff 
-  Support    -  Inspector General         
  -  FOIA      -  Making a FOIA Request         
    -  Reading Room 
  -  Equal Opportunity Coordinator         
  -  Sexual Assault Prevention and Response Victim Advocate         
  -  Command Chaplain         
  -  Commandant         
  -  Resilience Program 
-  Newsroom    -  News      -  FY2025 Testimony 
  -  Photos and Videos         
  -  Speeches         
  -  Publications 
-  Contact		 
-  Partnerships and Outreach    -  Academic Engagement Enterprise      -  AEE Articles of Interest         
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  -  Careers      -  Civilians         
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