alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE SUPREME COURT OF THE STATE OF MONTANA 

DAVID C. MOGAN, 

Plaintiff and Appellant, 

-vsALLSTATE MOTOR CLUB, INC., 

Defendant and Respondent. 

APPEAL FROM: District Court of the Tenth Judicial District, 

In and for the County of Fergus, 

The Honorable Peter L. Rapkoch, Judge presiding. 

COUNSEL OF RECORD: 

For Appellant: 

David C. Mogan, Hinsdale, Montana, (Pro Se) 

For Respondent: 

William E. Berger, Wilkins and Berger, Lewistown, 

Montana 

Filed: 

Submitted on Briefs: August 9, 1990 

Decided : 

' Clerk 
' ..

1 \ 

f' ; 

Justice Diane G. Barz delivered the Opinion of the Court. 

David C. Mogan appeals the judgment of the District Court, 

Tenth Judicial District, Fergus County, granting defendant/ 

respondent, Allstate Motor Club, Inc., summary judgment, dismissing 

Mogan's first amended complaint, and imposing sanctions against 

Mogan pursuant to Rule 11, M.R.Civ.P. This Court finds 

substantial evidence in the record which supports the District 

Court's determination that the matter should be dismissed and that 

Rule 11 sanctions were appropriate. 

On October 16, 1989, Mogan filed suit against Allstate 

claiming non-payment of a $41.20 claim. Allstate had paid the 

claim in full on September 11, 1989, and on September 27, 1989, 

Mogan had signed a release stating that all claims against Allstate 

had been satisfied. Mogan's claim was not "well grounded in fact" 

or "warranted by existing law" as required by Rule 11, M.R.Civ.P. 

In addition, we find the District Court's award to Allstate of 

costs and attorney's fees totalling $1,793.75 is a sanction 

specifically authorized by Rule 11, M.R.Civ.P. 

We reject Mogan's argument that the ruling is invalid because 

he had insufficient notice of an earlier hearing where default 

judgment was entered against him for two reasons: 1) notice was 

proper; and 2) Mogan was present at the second hearing when the 

District Court reheard the matter. 

We also note that appellant Mogan has failed to pay this 

Court's filing fee for appeal of this action. Until such fee is 
L 

4 ' *b 

I' i 

received, David C. Mogan is barred from bringing any further 

actions in this Court. 

Affirmed. Let remittitur issue forthwith. See Rules 34 and 

35, M.R.App.P. 

Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 

1988 Internal Operating Rules, this decision shall not be cited as 

precedent and shall be published by its filing as a public document 

with the Clerk of the Supreme Court and by a report of its result 

to Montana Law Week, State Reporter and West Publishing Company.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-6438

MARK PITT, Petitioner - Appellant, versus PATRICIA R. STANSBERRY, Warden, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CA-04-591-5-H) Submitted: May 19, 2005 Decided: May 26, 2005 Before LUTTIG, MOTZ, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Mark Pitt, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Mark Pitt, a federal prisoner, seeks to appeal the district court’s orders denying relief on his petition filed under 28 U.S.C. § 2241 (2000) and two subsequent motions to alter or amend the judgment. We have reviewed the record and find no reversible error. Accordingly, while we grant Pitt’s motion to file a formal brief, we affirm on the ground that Pitt’s petition is properly characterized as an unauthorized successive 28 U.S.C. § 2255 (2000) motion. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
```
[Federal Register Volume 60, Number 9 (Friday, January 13, 1995)]
[Notices]
[Page 3276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-874]

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

NATIONAL SCIENCE FOUNDATION

Special Emphasis Panel in Mechanical and Structural Systems; 
Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-
463, as amended), the Naitonal Science Foundation announced the 
following meeting:

    Name: Special Emphasis Panel in Civil and Mechanical Systems.
    Date and time: February 2, 1995, (9:00 a.m. to 4:00 p.m.
    Place: National Science Foundation, Room 530, Arlington, VA 
22230.
    Notice of Meeting: Closed.
    Contact Person: Dr. Jorn Larsen-Basse, Program Director, 4201 
Wilson Blvd., Arlington, VA 22230, Telephone (703) 306-1360.
    Purpose of meeting: To provide advice and recommendations 
concerning proposals submitted to NSF for financial support.
    Agenda: Review and evaluate Civil and Mechanical Systems NSF IIA 
proposals.
    Reason for closing: The proposals being reviewed include 
information of a proprietary or confidential nature, including 
technical information, financial data, such as salaries, and 
personal information concerning individuals associated with the 
proposals. These matters are exempt under 5 U.S.C. 552b. (c) (4) and 
(6) of the Government in the Sunshine Act.

    Dated: January 9, 1995.
Linda Allen-Benton,
Deputy Division Director, HRM.
[FR Doc. 95-874 Filed 1-12-95; 8:45 am]
BILLING CODE 7555-01-M
```
**Exhibit
      32.2**




**CERTIFICATION
      PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**


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




In
      connection with the Quarterly Report of Universal Capital Management, Inc.
      (the
“Company”) on Form 10-Q for the period ending October 31, 2006 as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), I,
      Joseph T. Drennan, Treasurer of the Company, certify, pursuant to Section
      906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that, to 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 result of operations of the Company.




/s/ Joseph
              T.
              DrennanJoseph
              T. DrennanTreasurer
                (Principal Financial Officer)December
              13, 2006




The
      foregoing certification is being furnished solely pursuant to Section 906 of
      the
      Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350 and shall not be deemed
      filed
      by the Company for the purposes of Section 18 of the Securities Exchange Act
      of
      1934 (the “Exchange Act”) or otherwise subject to liability under that Section.
      This certification shall not be deemed to be incorporated by reference into
      any
      filing under the Securities Act of 1933 or the Exchange Act except to the extent
      that this certification is expressly incorporated by reference into any such
      filing.
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

January 23, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-4746

Scosche 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 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
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-2018-0025-5985

Aisin World Corp. of America:

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
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

August 19, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-5255

David C. Poole Company:

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

December 28, 2018

RE: Product Exclusion Request Number: USTR-2018-0025-4813

Enerpac:

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
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</TABLE>
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-2018-0025-6366

C&U Americas, 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/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
**Exhibit 32.2**

 

**STATEMENT OF CHIEF FINANCIAL OFFICER**

**PURSUANT TO 18 U.S.C. SECTION 1350**

 

Inconnection with the Quarterly Report on Form 10-Q for the period ended September 30,2009 (the “Form 10-Q”) of Cardinal Financial Corporation (the “Company”),I, Mark A. Wendel, Executive Vice President and Chief Financial Officer, herebycertify pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that, to my knowledge:

 

(a)           the Form 10-Q fully complieswith the requirements of Section 13(a) of the Securities Exchange Actof 1934, as amended; and

 

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

 

 
| Date:  November 6, 2009 |   | /s/  Mark A. Wendel                                   |
|-----------------------------------|--------|-------------------------------------------------------|
|                              |   | Mark  A. Wendel                                       |
|                              |   | Executive  Vice President and Chief Financial Officer |

 

----
Exhibit 23.1



CONSENT OF INDEPENDENT ACCOUNTANTS



We hereby consent to the incorporation by reference in the Registration Statements on Form S-8 (File Nos. 333-08837,
333-33231, 333-36071, 333-57488, 333-90104, 33-84116, 33-84118, 33-84120, 33-84122 and 33-84124) and Form S-3 (File Nos. 333-77399, 333-90102, 333-58110 and 33-70618) of Gateway, Inc. of our report dated January 30, 2004 relating to the consolidated
financial statements and financial statement schedule, which appears in this Form 10-K. We also consent to the reference to us under the heading Selected Consolidated Financial Data in such Form 10-K.



|                                 
|---------------------------------
|                                 
|/s/    PricewaterhouseCoopers LLP
|                                 
|PricewaterhouseCoopers LLP       



San
Diego, California

February 25, 2004
* Pursuant to 5TH C IR . 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 C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED October 25, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-41062 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JUAN ALBERTO GUZMAN-SANCHEZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 7:05-CR-72-ALL

-------------------- Before JOLLY, DeMOSS, and STEWART, Circuit Judges. PER CURIAM: * Juan Alberto Guzman-Sanchez (Guzman) pleaded guilty to illegal reentry after deportation and was sentenced to 33 months of imprisonment. Guzman’s constitutional challenge to 8 U.S.C. § 1326(b) is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998). Although Guzman contends that Almendarez-Torres was incorrectly decided and that a majority of the Supreme Court would overrule Almendarez-Torres in light of Apprendi v. New Jersey , 530 U.S. 466 (2000), we have repeatedly rejected suchNo. 05-41062 -2- arguments on the basis that Almendarez-Torres remains binding. See United States v. Garza-Lopez , 410 F.3d 268, 276 (5th Cir.), cert. denied , 126 S. Ct. 298 (2005). Guzman properly concedes that his argument is foreclosed in light of Almendarez-Torres and circuit precedent, but he raises it here to preserve it for further review.
AFFIRMED.
117TH CONGRESS 

2D SESSION S. 4089 

AN ACT 

To restore entitlement to educational assistance under Veterans Rapid Retraining Program in cases of a closure 

of an educational institution or a disapproval of a program of education, 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, 
2 

†S 4089 ES

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Veterans Rapid Re3 training Assistance Program Restoration and Recovery 

4 Act of 2022’’. 

5 SEC. 2. RESTORATION OF ENTITLEMENT UNDER VETERANS 

6 RAPID RETRAINING ASSISTANCE PROGRAM. 

7 (a) IN GENERAL.—Section 8006 of the American 

8 Rescue Plan Act of 2021 (Public Law 117–2), as amended 

9 by the Training in High-demand Roles to Improve Veteran 

10 Employment Act (Public Law 117–16), is further amend11 ed— 

12 (1) by redesignating subsection (n) as sub13 section (o); and 

14 (2) by inserting after subsection (m), the fol15 lowing new subsection (n): 

16 ‘‘(n) EFFECTS OF CLOSURE OF AN EDUCATIONAL IN17 STITUTION OR DISAPPROVAL OF A PROGRAM OF EDU18 CATION.— 

19 ‘‘(1) IN GENERAL.—Any payment of retraining 

20 assistance under subsection (d)(1) shall not be 

21 charged against any entitlement to retraining assist22 ance described in subsection (a) if the Secretary de23 termines that an individual was unable to complete 

24 a course or program of education as a result of — 

25 ‘‘(A) the closure of an educational institu26 tion; or 
3 

†S 4089 ES

1 ‘‘(B) the disapproval of a program of edu2 cation by the State approving agency or the 

3 Secretary when acting in the role of the State 

4 approving agency. 

5 ‘‘(2) PERIOD NOT CHARGED.—The period for 

6 which, by reason of this subsection, retraining assist7 ance is not charged shall be equal to the full amount 

8 of retraining assistance provided for enrollment in 

9 the program of education. 

10 ‘‘(3) HALT OF PAYMENTS TO CERTAIN EDU11 CATIONAL INSTITUTIONS.—In the event of a closure 

12 or disapproval, as described in paragraph (1), the 

13 educational institution shall not receive any further 

14 payments under subsection (d). 

15 ‘‘(4) RECOVERY OF FUNDS.—In the event of a 

16 closure or disapproval, as described in paragraph 

17 (1), any payment already made under subsection (d) 

18 to the educational institution shall be considered an 

19 overpayment and constitute a liability of such insti20 tution to the United States.’’. 

21 (b) CONFORMING AMENDMENT.—In subsection 

22 (b)(3) of such section, strike the period and insert ‘‘, ex23 cept for an individual described in subsection (n).’’. 
4 

†S 4089 ES

1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply as if included in the American Res3 cue Plan Act of 2021 (Public Law 117–2). 

Passed the Senate April 26, 2022. 

Attest: 

Secretary. 

117TH CONGRESS 

2D SESSION S. 4089 

AN ACT 

To restore entitlement to educational assistance 

other purposes. a disapproval of a program of education, and for cases of a closure of an educational institution or under Veterans Rapid Retraining Program in