alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 01-3268

___________

Frontier Leasing Corporation, *

*

Appellee, *

* Appeal from the United States

v. * District Court for the

* Southern District of Iowa.

Griffin Petroleum, Inc.; Steven H. *

Griffin, * [UNPUBLISHED]

*

Appellants. *

___________

Submitted: May 14, 2002

Filed: June 5, 2002

___________

Before BOWMAN, LOKEN, and BYE, Circuit Judges.

___________

PER CURIAM.

This diversity case arises from a lease of equipment for convenience stores.

Griffin Petroleum, Inc. (GPI), the lessee, eventually closed its stores and stopped

making lease payments to Frontier Leasing Corporation (Frontier), the lessor.

Frontier thereupon brought suit against both GPI and Steven H. Griffin, the personal
1

The Honorable Robert W. Pratt, United States District Judge for the Southern

District of Iowa.

2

We note with approval that after being made aware of Wells Fargo's interest

in the case and denying the motion to vacate the judgment the District Court referred

the case to the chief judge of the district for purposes of all further post-judgment

motions.

-2-

guarantor of GPI's lease obligations. The District Court1

 granted summary judgment

to Frontier. GPI and Mr. Griffin appeal.

For reversal, appellants argue that genuine issues of material fact concerning

the amount of damages Frontier is entitled to recover preclude summary judgment

and require remand for further proceedings. Having reviewed both the applicable

state law and the summary-judgment record de novo, we conclude that appellants'

arguments are meritless. No error of law appears and an extended opinion would lack

significant precedential value. We therefore affirm on the basis of the District Court's

thorough and well-reasoned opinion. See 8th Cir. R. 47B.

Appellants' motion to supplement the record is granted. Their various requests

for relief from judgment on the grounds raised in their motion are denied. All of

these requests arise from appellants' post-judgment discovery that Wells Fargo & Co.,

which is on the District Court's recusal list, has an undetermined direct or indirect

pecuniary interest in the case. This interest was in no way obvious or discoverable

by the District Court, and was not disclosed to the court, and the court therefore had

no knowledge of it, until months after the court's judgment had been entered and

while the case already was on appeal in this Court. In these circumstances, we agree

with the District Court that post-judgment relief on account of Wells Fargo's interest

in the case is not required.2

The judgment of the District Court is affirmed.
-3-

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
#### STATE of Missouri, Respondent, v. Robert CARPENTER, Appellant. Robert CARPENTER, Appellant, v. STATE of Missouri, Respondent.

No. 65895.

Missouri Court of Appeals, Eastern District, Division One.

May 23, 1995.

Gary E. Brotherton, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Traci J. Sanders, Asst. Atty. Gen., Jefferson City, for respondent.

Before REINHARD, P.J., and GAERTNER and CRAHAN, JJ.

*ORDER*

PER CURIAM.

Appellant, Robert Carpenter, appeals from a jury-trial conviction in the Circuit Court of the County of St. Louis of tampering with a witness in violation of RSMo § 575.270 (1986), for which appellant was sentenced as a prior offender to six and one half years’ imprisonment. Appellant also appeals from a denial of his Rule 29.15 motion which was overruled without an evidentiary hearing. We affirm.

We have reviewed the briefs of the parties and the legal file and find the order of the circuit court is supported by substantial evidence and is not clearly erroneous. As we further find no jurisprudential purpose would be served by a written opinion, we affirm the *156trial court’s order pursuant to Rules 30.25(b) and 84.16(b).
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4121 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  2d Session
                                S. 4121

 To designate the Kol Israel Foundation Holocaust Memorial in Bedford 
                 Heights, Ohio, as a national memorial.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 28, 2022

Mr. Brown (for himself and Mr. Portman) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To designate the Kol Israel Foundation Holocaust Memorial in Bedford 
                 Heights, Ohio, as a national memorial.

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

SECTION 1. DESIGNATION OF THE KOL ISRAEL FOUNDATION HOLOCAUST MEMORIAL 
              AS A NATIONAL MEMORIAL.

    (a) Congressional Recognition.--Congress--
            (1) recognizes the significance of the Kol Israel 
        Foundation Holocaust Memorial in preserving the memory of the 
        6,000,000 Jews murdered by the Nazi regime and allies and 
        collaborators of the Nazi regime; and
            (2) honors the life and legacy of the Holocaust survivors 
        who erected the Kol Israel Foundation Holocaust Memorial.
    (b) Designation.--
            (1) In general.--The Kol Israel Foundation Holocaust 
        Memorial located in Bedford Heights, Ohio, is designated as a 
        national memorial.
            (2) Effect of designation.--
                    (A) In general.--The national memorial designated 
                by paragraph (1) is not a unit of the National Park 
                System.
                    (B) Use of federal funds.--The designation of the 
                national memorial by paragraph (1) shall not require or 
                permit Federal funds to be expended for any purpose 
                relating to the national memorial.
                                 <all>
```
EXHIBIT 32.1


                                  CERTIFICATION
                                       OF
                             CHIEF EXECUTIVE OFFICER
                                       AND
                             CHIEF FINANCIAL OFFICER
                           PURSUANT TO 18 U.S.C. 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


     I, Jeffery E. Jones, certify, pursuant to 18 U.S.C. 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual
Report on Form 10-K of School4Chauffeurs, Inc. for the period ended December
31, 2008 fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 and that information contained in such Annual
Report on Form 10-K fairly presents, in all material respects, the financial
condition and results of operations of School4Chauffeurs, Inc.


April 9, 2009


                                     By: /s/ JEFFERY E. JONES
                                         __________________________________
                                             Jeffery E. Jones
                                             President, Chief Executive Officer
                                             and Sole Director




     I, Jeffery E. Jones, certify, pursuant to 18 U.S.C. 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual
Report on Form 10-K of School4Chauffeurs, Inc. for the period ended December
31, 2008 fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 and that information contained in such Annual
Report on Form 10-K fairly presents, in all material respects, the financial
condition and results of operations of School4Chauffeurs, Inc.



April 9, 2009


                                     By: /s/ JEFFERY E. JONES
                                         __________________________________
                                             Jeffery E. Jones
                                             Chief Financial Officer, Treasurer
                                             and Secretary


A signed original of this written statement required by Section 906 has been
provided to Sierra Resource Group, Inc. and will be retained by Sierra Resource
Group, Inc. 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

December 28, 2018

RE: Product Exclusion Request Number: USTR-2018-0025-2748

Faurecia US Holdings:

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/12.21.18_Notice_of_Product_E

xclusions.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,

Stephen P. Vaughn

General Counsel
exv4w1





Exhibit
4.1









 









 





PARTY CITY HOLDINGS INC.




     The following abbreviations, when used in the inscription on the face of this certificate,
shall be construed as though they were written out in full according to applicable laws or
regulations:





	 	 	 	 	 

	TEN COM

	 	—
	 	as tenants in common
	TEN ENT

	 	—
	 	as tenants by the entireties
	JT TEN

	 	—
	 	as joint tenants with right
	 

	 	 	 	of survivorship and not as
	 

	 	 	 	tenants in common










	 	 	 	 	 	 	 	 	 

	 	 	UNIF GIFT MIN ACT—	 	                        
     Custodian           
                 	 	 
	 

	 	 	 	 	 	(Cust)                                 (Minor)
	 	 
	 
	 	 
	 	 	 	 	under Uniform Gifts to Minors 	 	 
	 
	 	 	 	 	 	 	 	 
	 

	 	 	 	Act	 	 	 	 
	 

	 	 	 	 	 	 

(State)
	 	 






	 	 	 	 	 	 	 	 	 

	 	 	UNIF TRF MIN ACT—	 	                                        Custodian (until age      )	 	 
	 

	 	 	 	 	 	(Cust)	 	 
	 
	 	 	 	 	 	 	 	 
	 	 	 	 	                                                            under Uniform Transfers	 	 
	 

	 	 	 	 	 	(Minor)	 	 
	 

	 	 	 	to Minors Act	 	 	 	 
	 

	 	 	 	 	 	 

	 	 
	 

	 	 	 	 	 	(State)	 	 











Additional abbreviations may also be used though not in the above list.



FOR VALUE RECEIVED,                                                             hereby sell, assign and transfer(s) unto




      




PLEASE INSERT SOCIAL SECURITY OR OTHER

     IDENTIFYING NUMBER OF ASSIGNEE

    





 




(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE)




 




 




Shares



 





of the Common Stock represented by the within Certificate, and do(es) hereby irrevocably constitute and appoint




Attorney



 





to transfer the said stock on the books of the within named Corporation with full power of substitution in the premises.




	 	 	 	 	 	 	 

	Dated                                                             

	 	X	 	 	 	 
	 

	 	 	 	 

	 	 
	 
	 	 	 	 	 	 
	 

	 	X	 	 	 	 
	 

	 	 	 	 

	 	 
	 

	 	NOTICE:
	 	THE SIGNATURE TO THIS
ASSIGNMENT MUST CORRESPOND WITH
THE NAME(S) AS WRITTEN UPON
THE FACE OF THE CERTIFICATE
IN EVERY PARTICULAR WITHOUT
ALTERATION OR ENLARGEMENT
OR ANY CHANGE WHATEVER.	 	 






SIGNATURE(S) GUARANTEED:




	 	 	 	 	 

	By
	 	 	 	 
	 

	 	 

THE SIGNATURE(S) MUST BE GUARANTEED BY AN ELIGIBLE
GUARANTOR INSTITUTION (BANKS, STOCKBROKERS, SAVINGS
AND LOAN ASSOCIATIONS AND CREDIT UNIONS WITH
MEMBERSHIP IN AN APPROVED SIGNATURE GUARANTEE
MEDALLION PROGRAM), PURSUANT TO S.E.C. RULE 17Ad-15.
#### The People of the State of New York, Respondent, v Tyrone Stokes, Appellant.

[774 NYS2d 732]

Appeal by the defendant from an order of the Supreme Court, Kings County (Chambers, J.), dated November 29, 2001, which, after a hearing pursuant to Correction Law article 6-C, designated him a level three sex offender.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the defendant’s contention, the Supreme Court’s determination designating him a level three sex offender was supported by clear and convincing evidence, and therefore, should be not disturbed *(see*Correction Law § 168-n [3]; *People v Cureton,*299 AD2d 532 [2002]; *People v Bottisti,*285 AD2d 841 [2001]). Santucci, J.P., Florio, Krausman and Schmidt, JJ., concur.
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

RCH121, 13.8 ton Capacity, 1.63 in Stroke, Single-Acting, Hollow Plunger Hydraulic Cylinder; 

Maximum Operating Pressure psi: 10000; Weight Kgs: 2,8; Oil Capacity Advance cm3: 75; Stroke 

Ranges mm: 24 - 47

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.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF BRIGHT HORIZONS FAMILY SOLUTIONS, INC. FOR THE SIX
MONTHS ENDED JUNE 30, 2000 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                       7,429,000
<SECURITIES>                                         0
<RECEIVABLES>                               20,334,000
<ALLOWANCES>                                (1,622,000)
<INVENTORY>                                          0
<CURRENT-ASSETS>                            33,689,000
<PP&E>                                      72,879,000
<DEPRECIATION>                             (16,104,000)
<TOTAL-ASSETS>                             118,716,000
<CURRENT-LIABILITIES>                       40,919,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       123,000
<OTHER-SE>                                  67,086,000
<TOTAL-LIABILITY-AND-EQUITY>               118,716,000
<SALES>                                              0
<TOTAL-REVENUES>                           138,688,000
<CGS>                                                0
<TOTAL-COSTS>                              118,146,000
<OTHER-EXPENSES>                            12,431,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                            (124,000)
<INCOME-PRETAX>                              8,235,000
<INCOME-TAX>                                 3,424,000
<INCOME-CONTINUING>                          4,811,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 4,811,000
<EPS-BASIC>                                       0.41
<EPS-DILUTED>                                     0.39


</TABLE>
Exhibit
23
 
 CONSENT
OF MALONE & BAILEY, PC,
 INDEPENDENT
REGISTERED PUBLIC ACCOUNTING FIRM
 
 Ener1,
Inc.
 Fort
Lauderdale, Florida
 
 We
consent to the incorporation by reference in the Registration Statement of
Ener1, Inc. on Form S-8 (File Nos. 333-148980, 333-112583 and 333-112581) of our
report dated  March 12, 2009 and as updated on January 19, 2010 with
respect to the audited consolidated financial statements of Ener1, Inc. for the
year ended December 31, 2008.
 
 MALONE
& BAILEY, PC
 www.malone-bailey.com
 Houston,
Texas
 
 January
19, 2010
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

November 19, 2018

RE: Product Exclusion Request Number: USTR-2018-0025-3711

JLG Industries, Inc:

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 this particular product is available 

only from China.

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
[ DO NOT PUBLISH] 

## In the 

# United States Court of Appeals For the Eleventh Circuit

____________________
No. 23

- 13437
Non

- Argument Calendar

____________________
FP RIVERDALE, LLC, FAROS PROPERTY MANAGEMENT LLC,
Plaintiffs

- Appellees,

versus THELIS ADKINS,

Defendant

- Appellant,

AND ALL OTHERS,

Defendant. USCA11 Case: 23-13437 Document: 5-1 Date Filed: 12/14/2023 Page: 1 of 22 Opinion of the Court 23

- 13437

____________________ Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:23

- cv

- 04173

- JPB

____________________
B efore B RANCH , B RASHER , and A BUDU , Circuit Judges.
PER CURIAM: This appeal is DISMISSED, sua sponte , for lack of jurisdiction. Thelis Adkins appeals, pro se , from a magistrate judge’s September 19, 2023
, report and recommendation that Adkins’s action be remanded to state court . The magistrate judge’s recommendation , however, is not final or appealable to this Court, as an appeal from a magistrate judge order must be taken to the district court. See Unite d States v. Schultz , 565 F.3d 1353, 1359 (11th Cir. 2009). Even if the district judge ultimately adopts the report and recommendation, that would not cure Adkins’s premature notice of appeal. See Perez

- Priego v. Alachua Cnty. Clerk of Ct. , 148 F.3d 1272, 1273 (11th Cir. 1998). No petition for rehearing may be filed unless it complies with the timing and other requirements of 11th Cir. R. 40

- 3 and all other applicable rules. USCA11 Case: 23-13437 Document: 5-1 Date Filed: 12/14/2023 Page: 2 of 2
`[Federal Register Volume 60, Number 55 (Wednesday, March 22, 1995)]
[Notices]
[Page 15194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6966]




[[Page 15193]]

_______________________________________________________________________

Part III





Department of the Interior





_______________________________________________________________________



Bureau of Indian Affairs



_______________________________________________________________________



Indian Gaming; Notices

  Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / 
Notices   
[[Page 15194]] 

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Indian Gaming

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of approval for Tribal-State compacts.

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

SUMMARY: Pursuant to 25 U.S.C. 2710, of the Indian Gaming Regulatory 
Act of 1988 (Pub. L. 100-497), the Secretary of the Interior shall 
publish, in the Federal Register, notice of approved Tribal-State 
Compacts for the purpose of engaging in Class III (casino) gambling on 
Indian reservations. The Assistant Secretary--Indian Affairs, 
Department of the Interior, through her delegated authority, approved 
Tribal-State Compacts between the following tribes and the State of New 
Mexico on February 13, 1995: The Mescalero Apache Tribe, Pueblo of 
Santa Ana, Pueblo of San Juan, Pueblo of Taos, Pojoaque Pueblo, Pueblo 
of Sandia, Pueblo of Tesuque, Pueblo of Santa Clara, Jicarilla Apache 
Tribe, Pueblo of Isleta, and the Pueblo of San Felipe.

DATES: This action is effective March 22, 1995.

FOR FURTHER INFORMATION CONTACT: George T. Skibine, Director, Indian 
Gaming Management Staff, Bureau of Indian Affairs, Washington, D.C. 
20240, (202) 219-4068.

    Dated: March 15, 1995.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 95-6966 Filed 3-21-95; 8:45 am]
BILLING CODE 4310-02-P`