alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

September 27, 2006 Clifford W. Taylor,
Chief Justice

Michael F. Cavanagh
Elizabeth A. Weaver 130995 Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, GOCH PROPERTIES, L.L.C., Justices Plaintiff-Appellant,

v SC: 130995 COA: 269014 Wayne CC: 04-438909-CZ C. VAN BOXELL TRANSPORTATION, INC., Defendant-Appellee.

________________ _______________ __________/

On order of the Court, the application fo r leave to appeal the March 24, 2006 order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we REMAND this case to the Wayne Circuit Court for reconsideration of plai ntiff’s motion to set aside its ac ceptance of the case evaluation. The circuit court erred in holding that it did not have discretion to consider the motion.

See State Farm Mutual Auto mobile Ins Co v Galen , 199 Mich App 274 (1993). Nothing

in CAM Construction v Lake Edgewood Condo Ass’n , 465 Mich 549 (2002), which holds that a case is fully settled wh en both parties acc ept a case evaluation award, precludes a party from filing a motion to set aside a case evaluation award.

We do not retain jurisdiction.

d0920 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

September 27, 2006

Clerk
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-7318

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

KENNETH LAMONT CHAPLIN,

Defendant - Appellant.

Appeal from the United States District Court for the District of 

Maryland, at Baltimore. J. Frederick Motz, Senior District 

Judge. (1:05-cr-00186-JFM-1; 1:12-cv-00794-JFM)

Submitted: January 10, 2013 Decided: January 18, 2013

Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior 

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Kenneth Lamont Chaplin, Appellant Pro Se. Michael Clayton 

Hanlon, Assistant United States Attorney, Baltimore, Maryland, 

for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Kenneth Lamont Chaplin seeks to appeal the district 

court’s order denying relief on his 28 U.S.C.A. § 2255 (West 

Supp. 2012) motion. The order is not appealable unless a 

circuit justice or judge issues a certificate of appealability. 

28 U.S.C. § 2253(c)(1)(B) (2006). A certificate of 

appealability will not issue absent “a substantial showing of 

the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) 

(2006). When the district court denies relief on the merits, a 

prisoner satisfies this standard by demonstrating that 

reasonable jurists would find that the district court’s 

assessment of the constitutional claims is debatable or wrong. 

Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. 

Cockrell, 537 U.S. 322, 336-38 (2003). When the district court 

denies relief on procedural grounds, the prisoner must 

demonstrate both that the dispositive procedural ruling is 

debatable, and that the motion states a debatable claim of the 

denial of a constitutional right. Slack, 529 U.S. at 484-85. 

We have independently reviewed the record and conclude 

that Chaplin has not made the requisite showing. Accordingly, 

we deny a certificate of appealability and dismiss the appeal. 

We dispense with oral argument because the facts and legal 
3

contentions are adequately presented in the materials before 

this court and argument would not aid the decisional process.

DISMISSED
I 

118TH CONGRESS 

1ST SESSION H. R. 4991 

To direct the Secretary of Homeland Security to commence a rule making 

to establish a U.S. Customs and Border Protection international port 

of entry at the Port of Stockton and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 27, 2023 

Mr. DUARTE introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To direct the Secretary of Homeland Security to commence 

a rule making to establish a U.S. Customs and Border 

Protection international port of entry at the Port of 

Stockton and for other purposes. 

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

3 SECTION 1. RULE MAKING TO ESTABLISH A U.S. CUSTOMS 

4 AND BORDER PROTECTION INTERNATIONAL 

5 PORT OF ENTRY AT THE PORT OF STOCKTON. 

6 The Secretary of Homeland Security shall commence 

7 a rule making to establish a U.S. Customs and Border 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 4991 IH

1 Protection international port of entry at the Port of Stock2 ton in the State of California. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
#### Adam Coe, Appellant, v Ta-Ga-Soke Campgrounds, Inc., et al., Respondents.

Order unanimously reversed on the law without costs, defendants’ motion for summary judgment denied and complaint reinstated. Memorandum: After being injured in a diving accident, plaintiff commenced this action alleging that defendants were negligent in failing to warn him

*981against diving into a shallow creek from a dock on or adjacent to defendants’ premises. Defendants moved for summary judgment dismissing the complaint on the ground that, as a matter of law, the sole proximate cause of plaintiff’s injury was his own reckless conduct in diving into shallow water. Plaintiff opposed the motion, arguing that there are triable questions of fact with respect to the issues of recklessness and causation. Plaintiff contended that his acts could not be deemed reckless as a matter of law, and that, although he was familiar with the site, he did not know the depth of the water because defendants failed to warn him that the water level of the creek fluctuated dramatically from day to day. Relying principally on our decision in *Ziecker v Town of Orchard Park*(147 AD2d 974), the court held that the unforeseeable, superseding cause of the accident was plaintiff’s reckless conduct in diving into the water. Accordingly, the court granted summary judgment in favor of defendants. Plaintiff now appeals.

In view of recent decisions by the Court of Appeals in diving cases, including a reversal of the decision of this court in *Ziecker (supra; Kriz v Schum,*75 NY2d 25; *Denkensohn v Davenport,*75 NY2d 25; *Ziecker v Town of Orchard Park, 75*NY2d 761, *revg*147 AD2d 974, *supra),*we conclude that the order must be reversed, defendants’ motion denied, and the complaint reinstated. In the cited cases, the Court of Appeals addressed similar recklessness/causation arguments advanced by defendants. In *Kriz*and *Denkensohn*the court held that such defense did not entitle defendants to summary disposition of plaintiff’s failure to warn claims. In *Ziecker*the court reversed our holding that plaintiff’s reckless conduct was the superseding cause of the injury. Inasmuch as there is no meaningful distinction between this case and the cited cases in terms of plaintiff’s age and experience, and especially considering plaintiff’s lack of awareness of the fluctuating water level, we reach a similar conclusion here. On this record, it cannot be said as a matter of law that plaintiff’s conduct was reckless or that it was the superseding cause of his injury *(Ziecker v Town of Orchard Park, supra,*at 763; *Kriz v Schum, supra,*at 36). Those issues must be determined by the trier of fact.

We have considered defendants’ claims that they are entitled to punitive sanctions and to the dismissal of the complaint against the individual defendants, and conclude that they are without merit. (Appeal from order of Supreme Court, Oneida County, Tenney, J.—summary judgment.) Present— Callahan, J. P., Denman, Pine, Balio and Lawton, JJ.
# CERTIFICATION OF CHIEF FINANCIAL OFFICER
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 on Form 10-QSB of Jure Holdings, Inc. (Registrant) for the quarterly
period ended September 30, 2003 as filed with the Securities and Exchange Commission on
the date hereof (Report), I, Josef Mettler, chief financial officer
, hereby certify, pursuant to 18 U.S.C. §1350, as adopted
pursuant to §906 of the Sarbanes-Oxley Act of 2002, that, to the best of my
knowledge:

|(1) | This Report complies with the requirements of section 13(a) or 15(d) of the
          Securities Exchange Act of 1934; and
|--- | --------------------------------------------------------------------------------------------------------------------------

|(2) | The information contained in this Report fairly represents, in all material
          respects, the financial condition of Registrant at the end of the period covered
          by this Report and results of operations of Registrant for the period covered by
          this Report.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

/s/ Josef Mettler

Josef Mettler

Chief Financial Officer

This certification accompanies this
Report pursuant to §906 of the Sarbanes-Oxley Act of 2002 and shall not, except to
the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by Registrant for
the purposes of §18 of the Securities Exchange Act of 1934, as amended. This
certification shall not be incorporated by reference into any filing under the Securities
Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made
before or after the date of this Report), irrespective of any general incorporation
language contained in such filing.

A signed original of this written
statement required by §906 has been provided to the Registrant and will be retained
by the Registrant and furnished to the Securities and Exchange Commission or its staff
upon request.
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 FedFirst Financial Corporation (the
"Company") on Form 10-QSB for the period ending March 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Robert
L. Breslow, the Chief Financial Officer, Senior Vice President and Director of
the Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss.
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 results of
              operations of the Company.



Date: May 13, 2005                     /s/ Robert L. Breslow
                                       -----------------------------------------
                                       Robert L. Breslow
                                       Chief Financial and Senior Vice President
II 

117TH CONGRESS 

2D SESSION S. 3809 

To require the Comptroller General of the United States to conduct a study 

relating to COVID–19 immunity resulting from a prior infection, vaccination, or both, and the COVID–19 pandemic. 

IN THE SENATE OF THE UNITED STATES 

MARCH 10 (legislative day, MARCH 7), 2022 

Mr. BRAUN (for himself and Mr. MARSHALL) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To require the Comptroller General of the United States 

to conduct a study relating to COVID–19 immunity resulting from a prior infection, vaccination, or both, and 

the COVID–19 pandemic. 

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 ‘‘Apply the Science 

5 Act’’. 


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2 

•S 3809 IS

1 SEC. 2. GAO STUDY ON NATURAL IMMUNITY IN RELATION 

2 TO THE COVID–19 PANDEMIC. 

3 (a) STUDY.—Not later than 180 days after the date 

4 of enactment of this Act, the Comptroller General of the 

5 United States shall conduct a study to determine the fol6 lowing: 

7 (1) What is the current scientific understanding 

8 of the duration and effectiveness of COVID–19 im9 munity resulting from a prior infection, vaccination, 

10 or both, including any differences across population 

11 groups. 

12 (2) To what extent does the Centers for Disease 

13 Control and Prevention make available, to key stake14 holders, the body of work it has assessed to inform 

15 its policy decisions related to COVID–19 infection16 acquired and vaccine-induced immunity. 

17 (3) To what extent do select foreign countries 

18 take into account the scientific evidence pertaining 

19 to COVID–19 infection-acquired immunity when cre20 ating public health regulations or guidance. 

21 (4) To what extent can diagnostic tests that 

22 measure the immune response be better utilized in 

23 a comprehensive COVID–19 response, including in 

24 high-risk population groups, and barriers to current 

25 use of these diagnostic tests. 


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3 

•S 3809 IS

1 (b) REPORT.—Not later than 18 months after the 

2 date of enactment of this Act, the Comptroller General 

3 of the United States shall submit to the appropriate com4 mittees of Congress a report on the determinations made 

5 pursuant to subsection (a). 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
Exhibit 32.1

RULE 13(a)-14(b) CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002*

In connection with the Quarterly Report of Brandywine Operating Partnership, L.P. (the “Partnership”) on Form 10-Q for the quarter ended March 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Gerard H. Sweeney,President and Chief Executive Officer of Brandywine Realty Trust, the Partnership’s sole general partner, 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), as applicable, 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 Partnership. |

/s/ Gerard H. Sweeney                           Gerard H. SweeneyPresident and Chief Executive OfficerDate: May 15, 2006

|  |   |
|--|--------|

| * | A signed original of this written statement required by Section 906 has been provided to Brandywine Realty Trust and will be retained by the Partnership and furnished to the Securities and Exchange Commission or its staff upon request. |
|---|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|  |
|--|
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

May 7, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-3149

National Presto Industries, Inc.:

I am pleased to notify you that the United States Trade Representative has determined to 

grant the above-referenced exclusion request submitted pursuant to the notice published at 83 FR 

32181 (‘July 11 notice’). The exclusion determination is set out in a formal notice which has 

been submitted to Office of the Federal Register for publication (‘the exclusion notice’). A prepublication version of the exclusion notice has been posted on the USTR website, at 

https://ustr.gov/sites/default/files/enforcement/301Investigations/Notice_of_Product_Exclusions

_05.09.19.pdf. 

The scope of the exclusion is governed by the formal HTSUS language in the annex to 

the product exclusion notice, and not by the product descriptions set out in any particular request 

for exclusion. An exclusion in response to your request has been granted by excluding from the 

additional tariffs the 10-digit HTSUS subheading under which your request was filed. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation.

Sincerely,

Joseph Barloon

General Counsel
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

March 15, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-4961

Apergy ESP Systems, LLC:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20.

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that the imposition of additional duties on 

the particular product would cause severe economic harm to you or other U.S. interests.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn

General Counsel
**Exhibit 32.2**

**STATEMENTOF CHIEF FINANCIAL OFFICER**

**PURSUANTTO 18 U.S.C. SECTION 1350**

 

 

In connection with theQuarterly Report on Form 10-Q for the period ended September 30, 2007 (the “Form10-Q”) of Cardinal Financial Corporation, I, Mark A. Wendel, Executive VicePresident and Chief Financial Officer, hereby certify pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,that, to my knowledge:

 

(a)           the Form 10-Q fully complies with the requirements ofSection 13(a) of the Securities Exchange Act of 1934, as amended; and

 

(b)           the information contained in the Form10-Q fairly presents, in all material respects, the consolidated financialcondition and results of operations of the Company and its subsidiaries as of,and for, the periods presented in the Form 10-Q.

 

 
| Date: November 8, 2007 |   | /s/ Mark A. Wendel                                    |
|------------------------|--------|-------------------------------------------------------|
|                   |   | Mark A. Wendel                                        |
|                   |   | Executive Vice President  and Chief Financial Officer |
|                   |   |                                                  |

 

 

** **

** **

** **

----
Organization Name:

Note: Representatives submitting on behalf of an organization must enter information below.

Requestor Representative:

Section 301 Investigation: China's Acts, Policies, and Practices Related to Technology 

Transfer, Intellectual Property, and Innovation - Form to Request Exclusion of Product

When submitting a product exclusion request using this form, enter the specified 

information in the following fields and explain the basis and rationale for your statements. 

By completing this form, you certify that the information provided is complete and 

correct to the best of your knowledge. 

1. Indicate whether the comment contains business confidential information (BCI), is a public

document, or is a public version of a BCI document.

3.

2. Please provide a complete and detailed description of the product of concern:

4.

5. Requestor's relationship to the product:

CONTINUED BELOW

*

10-digit HTSUS item number* for product you wish to address in this product exclusion request:

Use numerical characters only with no special characters (example: 1023456789). For help in finding 

the HTSUS item number associated with your product, see https://hts.usitc.gov/

1

7.

6. Does this submission in regulations.gov include additional attachments?

Please indicate whether any additional attachment contains business confidential

information (BCI), is a public document, or is a public version of a BCI document.

VERSION 1

Requestor Information

Requestor Name (Last, First):

Public Version of BCI

RC102, 11.2 ton Capacity, 2.13 in Stroke, General Purpose Hydraulic Cylinder; Maximum Operating 

Pressure psi: 10000; Weight Kgs: 2,3; Oil Capacity Advance cm3: 78; Stroke Ranges mm: 48 - 94

8412210075 Schmidt, Jackie Enerpac Jackie SchmidtImporter Yes Contains BCI
END 2

8. Is this product, or a comparable product, available from sources in the United States?:

VERSION 1

11. Please provide information in support your request, taking account of the instructions

provided in Section B of the Federal Register notice (note: text entered below can extend

beyond the apparent size of this box).

9. Is this product, or a comparable product, available from sources in third countries?:

10. Please provide the value and quantity (with units) of the Chinese-origin product of concern

that you purchased for each calendar year specified. Limit this figure to the products

purchased by your firm (or by members of your trade association) alone. Please provide 

estimates if precise figures are unavailable.

2016 Value:

2015 Value:

2017 Value:

2016 Quantity:

2015 Quantity:

2017 Quantity:

No No BCI BCI BCI BCI BCI BCI

See addendum for additional information.