alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to Local Rule 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________ No. 96-50396 Summary Calendar

__________________ JUAN T. JONES, Petitioner-Appellant,

versus GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, ET AL., Respondents-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. SA-96-CA-67

- - - - - - - - - - September 4, 1996 Before DAVIS, EMILIO M. GARZA and STEWART, Circuit Judges. PER CURIAM: * Juan T. Jones, Texas inmate #501610, appeals the dismissal of his habeas petition for abuse of the writ. See Rule 9(b) of the Rules Governing Section 2254 Cases. Jones fails to argue the propriety of the Rule 9(b) dismissal. Therefore, the issue is deemed abandoned on appeal. See Yohey v. Collins , 985 F.2d 222, 224-25 (5th Cir. 1993). Because the only issue which could beNo. -2- raised on appeal is abandoned, the appeal is frivolous. 5th Cir. R. 42.2. Therefore, the appeal is DISMISSED.
Exhibit 32.1

SECTION 1350 CERTIFICATIONS

In connection with the Quarterly Report of Killbuck Bancshares, Inc. (the
Company) on Form 10-Q for the period ending June 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Luther E. Proper, Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. section 1350, as enacted 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 results of operations of the Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|    |  |                        
|--- |  | -----------------------
|By: |  | /s/ Luther E. Proper   
|    |  | Luther E. Proper       
|    |  | Chief Executive Officer
|    |  | August 12, 2009        

A signed original of this written statement required by Section 906 has been provided to Killbuck Bancshares,
Inc. and will be retained by Killbuck Bancshares, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
<PAGE>
                                                                   Exhibit 10(w)
                                LENDER ADDENDUM


          Reference is made to the Term Loan Agreement, dated as of July 31,
2000 (as amended, supplemented or otherwise modified from time to time, the
"Loan Agreement"), among GGP Limited Partnership, GGPLP L.L.C., the institutions
from time to time parties thereto as Lenders, Lehman Commercial Paper Inc., as
Syndication Agent, and Bankers Trust Company, as Administrative Agent. Unless
otherwise defined herein, terms defined in the Loan Agreement and used herein
shall have the meanings given to them in the Loan Agreement.

          Upon execution and delivery of this Lender Addendum by the parties
hereto as provided in Section 3.3 of the Loan Agreement, (a) Lehman Commercial
Paper Inc. hereby agrees to increase its Loan Commitment under the Loan
Agreement as set forth in Schedule 1 hereto, effective as of the date of this
Lender Addendum and (b) the Maximum Aggregate Loan Amount shall be increased to
$205,000,000.00.

          THIS LENDER ADDENDUM SHALL BE GOVERNED BY, AND CONSTRUED AND
INTERPRETED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK.

          This Lender Addendum may be executed by one or more of the parties
hereto on any number of separate counterparts, and all of said counterparts
taken together shall be deemed to constitute one and the same instrument.
Delivery of an executed signature page hereof by facsimile transmission shall be
effective as delivery of a manually executed counterpart hereof.
<PAGE>

                                                                               2



          IN WITNESS WHEREOF, the parties hereto have caused this Lender
Addendum to be duly executed and delivered by their proper and duly authorized
officers as of this 20th day of October, 2000.


                                             LEHMAN COMMERCIAL PAPER INC.


                                             By:________________________________
                                                Name:
                                                Title:

Accepted and agreed:

GGP LIMITED PARTNERSHIP

By:  General Growth Properties, Inc., its sole general partner


By:______________________________
   Name:  Bernard Friebaum
   Title: Executive Vice President

GGPLP L.L.C.

By:  GGP Limited Partnership, its managing member

By:  General Growth Properties, Inc., its sole general partner


By:______________________________
   Name:  Bernard Friedbaum
   Title: Executive Vice President

BANKERS TRUST COMPANY,
  as Administrative Agent

By:______________________________
   Name:
   Title:
<PAGE>

                                                                               3

LEHMAN COMMERCIAL PAPER INC.,
  as Syndication Agent


By:______________________________
   Name:
   Title:
<PAGE>

                                                                      Schedule 1


                               LOAN COMMITMENTS




     Additional Loan Commitment:  $50,000,000.00
     Total Loan Commitments:  $100,000,000.00
     Adjusted Pro Rata Share:  0.4878%
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

July 3, 2019

RE: Product Exclusion Request Number USTR-2018-0025-4625

ECM Industries 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 did not contain a sufficient product identification or was 

determined to be non-administrable.

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,

Joseph Barloon

General Counsel
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

May 29, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-10455

GE Power: 

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

_5-30-2019.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 products covered by a specially drafted description contained in the annex to 

the product exclusion notice. 

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
EX-10.5






BILL OF SALE




KNOW ALL BY THESE PRESENTS, THAT TUCKER HOUSE II, INC., a Pennsylvania nonprofit corporation
(“Seller”), in consideration of the Purchase Price (as defined in that certain Agreement of
Purchase and Sale dated June 14, 2011 (the “Agreement”), between Seller and G&E HC REIT II
Tucker House SNF, L.P., a Delaware limited partnership (“Purchaser”) paid to Seller, the
receipt and sufficiency of which is hereby acknowledged, has agreed pursuant to the Agreement, to
sell, assign, transfer, convey, set over and deliver to Purchaser, and by these presents and
pursuant to the Agreement does hereby sell, assign, transfer, convey, set over and deliver unto
Purchaser the Tangible Personal Property and Business Records (as defined in the Agreement); and
Purchaser hereby accepts such assignment.



This Bill of Sale shall be governed by and construed in accordance with the laws of the
Commonwealth of Pennsylvania, without regard to conflicts of laws provisions.



(Signature Page Follows)





1






IN WITNESS WHEREOF, and intending to be legally bound hereby, Seller and Purchaser have
executed and delivered this Bill of Sale as of 11:59 p.m. on the 30th day of June,
2011.



SELLER:



Tucker House II, Inc.,


a Pennsylvania nonprofit corporation



By: /s/ Don Levesque

Name: Don Levesque

Title: Treasurer







PURCHASER:



G&E HC REIT II TUCKER HOUSE SNF, L.P.





a Delaware limited partnership



By: G&E HC REIT II Philadelphia SNF Portfolio SPE General Partner, LLC,


a Delaware limited liability company, its general partner



By: /s/ Shannon K S Johnson

Name: Shannon K S Johnson

Title: Authorized Signatory





2
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ENACTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Killbuck Bancshares, Inc. (the Company) on Form 10-Q for the period ending September 30, 2006 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I, Luther E. Proper, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. section 1350, as enacted 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 results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|    |  |                        
|--- |  | -----------------------
|By: |  | /s/ Luther E. Proper   
|    |  | Luther E. Proper       
|    |  | Chief Executive Officer
|    |  | November 8, 2006       

A signed original of this written statement required by Section 906 has been provided to Killbuck Bancshares,
Inc. and will be retained by Killbuck Bancshares, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D19-0285

_____________________________

MATTHEW HALL,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Bay County.

Brantley S. Clark, Jr., Judge.

July 30, 2019

PER CURIAM.

AFFIRMED. Fla. R. Crim. P. 3.850(b)(1), (f)(1), & 3.850(h)(2).

LEWIS, MAKAR, and BILBREY, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Matthew Hall, pro se, Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

February 4, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-4698

II-VI Incorporated:

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 concerns a product strategically important or related to 

“Made in China 2025” or other Chinese industrial programs.

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
#### The People of the State of New York, Respondent, v Elijah Watson, Appellant.

Judgment unanimously affirmed. Memorandum: While an inmate at Attica Correctional Facility, defendant was found to be in possession of a quantity of heroin. He was convicted, after a jury trial, of criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03) and promoting prison contraband in the first degree (Penal Law § 205.25 [2]). On appeal, defendant contests only his conviction of promoting prison contraband. He argues that heroin is not "dangerous contraband” within the meaning of that term as it is defined in Penal Law § 205.00 (4). We disagree.

"Contraband” is "any article or thing which a person confined in a detention facility is prohibited from obtaining or possessing by statute, rule, regulation or order” (Penal Law § 205.00 [3]). "Dangerous contraband” is "contraband which is capable of such use as may endanger the safety or security of a detention facility or any person therein” (Penal Law § 205.00 [4]).

The evidence demonstrates that even a small amount of heroin can potentially be dangerous to the user and to others, and that its presence in a facility which houses large numbers of prisoners who are known to have used the drug can result in disruptive and dangerous behavior among the inmate population. Accordingly, the evidence supports the jury’s guilty verdict.

We also find that Penal Law § 205.25 is not unconstitutionally vague. The statute is sufficiently explicit to inform a reasonable person of the nature of the offense and what it is that the law prohibits or commands *(see, People v Cruz,*48 NY2d 419, 423-424, *appeal dismissed*446 US 901; *People v Byron,*17 NY2d 64, 67; *see also, People v Miller,*106 AD2d 787, 789). (Appeal from judgment of Wyoming County Court, Conable, J.—promoting prison contraband, first degree.) Present—Dillon, P. J., Boomer, Pine, Davis and Lowery, JJ.
Exhibit 32.2


CERTIFICATION


OF


CHIEF FINANCIAL OFFICER


PURSUANT TO 18 U.S.C. §1350





In connection with the Quarterly Report on Form 10-Q of Aoxing Pharmaceutical Company, Inc. (the “Company”) on Form 10-Q for the fiscal period ended March 31, 2011 (the “Report”), as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Bob Ai, Chief Financial Officer of the Company, 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. 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 for said period.





May 16, 2011
/s/ Bob AiBob Ai, Chief Financial Officer








A signed original of this written statement 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.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM (A) FORM
10-QSB FOR THE NINE MONTH PERIOD ENDED 9/30/98.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                          10,945
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                     35,482
<CURRENT-ASSETS>                                46,427
<PP&E>                                       8,261,093
<DEPRECIATION>                                 361,478
<TOTAL-ASSETS>                               8,997,296
<CURRENT-LIABILITIES>                          672,996
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        12,205
<OTHER-SE>                                   7,497,503
<TOTAL-LIABILITY-AND-EQUITY>                 8,997,296
<SALES>                                              0
<TOTAL-REVENUES>                               778,869
<CGS>                                                0
<TOTAL-COSTS>                                  986,696
<OTHER-EXPENSES>                               463,271
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              30,253
<INCOME-PRETAX>                              (702,351)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (702,351)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (702,351)
<EPS-PRIMARY>                                    (.06)
<EPS-DILUTED>                                    (.06)
        

</TABLE>
Exhibit 3.1.4
                              ARTICLES OF AMENDMENT
                                       OF
                              MIDISOFT CORPORATION

Pursuant  to  the  provisions  of RCW  23B.10.060  of  the  Washington  Business
Corporation  Act,  the  following  Articles  of  Amendment  to the  Articles  of
Incorporation are herewith submitted to the Secretary of State for filing.


         ARTICLE 1. The name of record of the corporation is:

                                    MIDISOFT CORPORATION

         ARTICLE 2. The amendment to the Articles of Incorporation as adopted is
as follows:

         RESOLVED;  Article IV of the  Articles of  Incorporation  is amended to
         increase the number of authorized shares of Common Stock of the Company
         to 25,000,000.

         ARTICLE 3. The date of  the adoption of the  amendment  was October 30,
         1998.

         ARTICLE 4. The amendment was adopted by the shareholders.


         ARTICLE 5. The number of shares of the  corporation  outstanding at the
time of such adoption was  6,387,954  and the number of shares  entitled to vote
thereon was 6,387,954.


         ARTICLE 6. The  designation  and number of  outstanding  shares of each
class entitled to vote as a class is as follows:

               CLASS                                NUMBER OF SHARES

               Common                                   6,387,954


         ARTICLE  7. The number of shares  that voted in favor of the  amendment
was  5,196,091 ; and the number of shares that voted  against the  amendment was
410,788.


         ARTICLE 8. The amendment was approved by the shareholders in accordance
with the provisions of RCW 23B.10.030 and 23B.10.040.

I certify that I am an officer of the above-named  corporation and am authorized
to execute these Articles on behalf of the corporation.


Dated:     November 2, 1998                     /S/ MARSHA MURRY
                                                --------------------------------
                                                Marsha Murry
                                                Secretary of the Corporation
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

September 17, 2019

RE: Product Exclusion Request Number USTR-2018-0025-4531

Klarity Medical Products, LLC: 

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/%2434_Billion_Exclusions_Gr

anted_September.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 products covered by a specially drafted description contained in the annex to 

the product exclusion notice. 

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