alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### STATE of Missouri, Plaintiff-Respondent, v. Dale LOTTMANN, Defendant-Appellant.

No. 54552.

Missouri Court of Appeals, Eastern District, Division One.

Dec. 27, 1988.

Nancy A. McKerrow, Public Defender, Columbia, for defendant-appellant.

William L. Webster, Atty. Gen., Daryl R. Hylton, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

CRANDALL, Presiding Judge.

Defendant, Dale Lottmann, appeals from his conviction, after a jury trial, of sexual abuse in the first degree. He was sen*540tenced to five years’ imprisonment. We affirm.

Defendant does not challenge the sufficiency of the evidence. The evidence, viewed in the light most favorable to the verdict, established that the victim, E.B., was defendant’s ten year old stepdaughter. During a visit with defendant on or around June 18, 1986, defendant took E.B. for a ride on a three wheel vehicle. He drove to a cornfield near his house. It was there that defendant performed the acts which constituted the basis of his conviction of sexual abuse. E.B. did not report the incident to her mother until June 26, 1986.

On voir dire, the prosecutor, over objection, asked if any member of the panel would tend to disbelieve a child “in a case involving the sexual abuse or the sexual touching of a child by one who was held in a position of trust, a family member or a stepfather, someone in the family, ... simply because of a delay in the reporting that action by that child....”

Defendant’s sole point on appeal is that the trial court erred in permitting the State to ask that question during voir dire. Defendant asserts that the challenged question was “calculated to precondition the jurors’ minds to believe the testimony of [E.B.].”

Control of the nature and scope of questions on voir dire examination of veniremen is lodged in the discretion of the trial court, and an appellate court will interfere with the exercise of that discretion only when the record shows a manifest abuse of that discretion and a real probability of injury to the complaining party. *State v. Hobby,*706 S.W.2d 232, 233 (Mo.App.1986).

Here, the question posed by the prosecutor on voir dire did not purport to commit the members of the jury panel to an advance decision. Rather, the question explored the legitimate interest the State had in determining whether any prospective jurors harbored any prejudice against the witness E.B. because of her delay in reporting the incident of sexual abuse to her mother such that they would not fairly and impartially consider her testimony when offered. *See Hobby,*706 S.W.2d at 233; *see also State v. Gibson,*684 S.W.2d 413, 415 (Mo.App.1984). There was no manifest abuse of the trial court’s discretion in permitting the question during voir dire.

The judgment is affirmed.

REINHARD and CRIST, JJ., concur.
[Federal Register Volume 60, Number 76 (Thursday, April 20, 1995)]
[Notices]
[Pages 19780-19781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9815]



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


DEPARTMENT OF LABOR

Glass Ceiling Commission; Criteria and Application Process for 
the National Award for Diversity and Excellence in American Executive 
Management; Extension of Deadline for Applications

summary: This document extends the deadline for applications from April 
30, 1995 until May 30, 1995. The criteria and application process were 
previously published in the Federal Register on March 9, 1995 at 60 FR 
12978.

dates: Applications are due by May 30, 1995.

addresses: Applications should be sent to: The Glass Ceiling 
Commission, Perkins-Dole Award, c/o U.S. Department of Labor, 200 
Constitution Avenue, N.W., Room C-2313, Washington, D.C. 20210. 
Telephone (202) 219-7342.

for further information contact: Rene A. Redwood, Executive Director, 
The Glass Ceiling Commission, c/o U.S. Department of Labor, 200 
Constitution Avenue, N.W., Room C-2313, [[Page 19781]] Washington, D.C. 
20210. Telephone (202) 219-7342.

    Signed at Washington, DC, this 14th day of April, 1995.
Rene A. Redwood,
Executive Director, Glass Ceiling Commission.
[FR Doc. 95-9815 Filed 4-19-95; 8:45 am]
BILLING CODE 4510-23-M
#### Robert L. Marquez et al., Appellants, v J. Ross Development et al., Defendants, and Ronald Bircher, Respondent.

Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted summary judgment dismissing plaintiffs’ legal malpractice claims based upon negligent representation and conflict of interest against defendant attorney. To establish a prima facie case of legal malpractice, a client must demonstrate that his attorney failed to exercise that degree of skill commonly exercised by an ordinary member of the legal community, and that the client incurred damages as a direct result of the attorney’s actions *(see, Saveca v Reilly,*111 AD2d 493, 494; *O’Brien v Spuck,*99 AD2d 910, 911). Contrasted to a disqualification proceeding, where only the possibility of prejudice need be shown *(see, Forbush v Forbush,*107 AD2d 375, 379-381), in a legal malpractice action, the client must demonstrate that a conflict existed and that he was damaged thereby. ”[T]he issue of proximate cause cannot be left to speculation” (1 Mallen & Smith, Legal Malpractice § 12.17, at 746 [3d ed]). Here, plaintiffs failed to demonstrate that the damages they incurred were the result of actions taken by defendant attorney; consequently, their claims were properly dismissed. (Appeal from order of Supreme Court, Monroe County, Wesley, J.—dismiss causes of action.) Present—Doerr, J. P., Denman, Balio, Lawton and Lowery, JJ.
Exhibit 32.1




CERTIFICATION OF


PRINCIPAL EXECUTIVE OFFICER AND


PRINCIPAL FINANCIAL OFFICER


PURSUANT TO 18 U.S.C. SECTION 1350




In connection with the accompanying Quarterly Report on Form 10-Q of Arctic Oil & Gas Corp., for the quarter ending February 28, 2008, I, Peter J. Sterling, Principal
Executive Officer and Principal Financial Officer of Arctic Oil & Gas Corp. hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:




1. Such quarterly Report on Form 10-Q for the quarter ending February 28, 2008, 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 such quarterly Report on Form 10-Q for the quarter ended February 28, 2008, fairly represents in all material respects, the financial condition and results of operations of Arctic Oil & Gas
Corp.




Dated:  September 21, 2009






Arctic Oil & Gas Corp.




By:
/s/  Peter J. Sterling
Principal Executive Officer
Principal Financial Officer
#### Kenneth R. KOETTING, Appellant, v. STATE of Missouri, Respondent.

No. WD 40383.

Missouri Court of Appeals, Western District.

Oct. 4, 1988.

Motion for Rehearing and/or Transfer to Supreme Court Denied Nov. 1, 1988.

Larry C. Pace, Kansas City, for appellant.

William L. Webster, Atty. Gen., Elizabeth L. Ziegler, Asst. Atty. Gen., Jefferson City, for respondent.

*521Before CLARK, P.J., and LOWENSTEIN and FENNER, JJ.

ORDER

PER CURIAM.

Appeal from denial of Rule 27.26 motion for postconviction relief.

Affirmed. Rule 84.16(b).
[Federal Register Volume 60, Number 71 (Thursday, April 13, 1995)]
[Notices]
[Page 18806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9169]



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


DEPARTMENT OF ENERGY

Nevada Operations Office; Public Reading Room Relocation

AGENCY: U.S. Department of Energy Nevada Operations Office (DOE/NV).

ACTION: Notice of Relocation of the DOE/NV Public Reading Room to 
Building B-3, 2621 Losee Road, North Las Vegas, Nevada 89030.

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

SUMMARY: The DOE/NV announces that, pursuant to Title 10, Code of 
Federal Regulations, Section 1004.3(b), as of May 1, 1995, the public 
reading room for DOE/NV is relocating to: 2621 Losee Road, North Las 
Vegas, Nevada 89030 (Building B-3). Attention: Cynthia Ashley, 
Telephone (702) 295-1623. Regular operating hours of the facility will 
be Monday through Friday, 7:30 a.m. to 4:30 p.m.

FOR FURTHER INFORMATION CONTACT:
U.S. Department of Energy, Nevada Operations Office, Attn: Janet L. 
Fogg, Freedom of Information and Privacy Act Officer, P.O. Box 98518, 
Las Vegas, Nevada 89193-8518, Telephone (702) 295-1821.

    Issued in Las Vegas, Nevada, on March 27, 1995.
Jerry A. Vaeth,
Acting Manager, DOE Nevada Operations Office.
[FR Doc. 95-9169 Filed 4-12-95; 8:45 am]
BILLING CODE 6450-01-M
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-2018-0025-7783

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
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Securities and Exchange Commission

# TIME AND DATE: 

3:15 p.m. on Thursday, June 3, 2021.

# PLACE: 

The meeting will be held via remote means and/or at the Commission's headquarters, 100 F Street NE, Washington, DC 20549.

# STATUS: 

This meeting will be closed to the public.

# MATTERS TO BE CONSIDERED: 

Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the closed meeting. Certain staff members who have an interest in the matters also may be present.

                        In the event that the time, date, or location of this meeting changes, an announcement of the change, along with the new time, date, and/or place of the meeting will be posted on the Commission's website at                         *https://www.sec.gov.*

The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR 200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10), permit consideration of the scheduled matters at the closed meeting.

The subject matter of the closed meeting will consist of the following topics:

                        Institution and settlement of injunctive actions;                              ( print page 29312)    

Institution and settlement of administrative proceedings;

Resolution of litigation claims; and

Other matters relating to examinations and enforcement proceedings.

At times, changes in Commission priorities require alterations in the scheduling of meeting agenda items that may consist of adjudicatory, examination, litigation, or regulatory matters.

# CONTACT PERSON FOR MORE INFORMATION: 

For further information; please contact Vanessa A. Countryman from the Office of the Secretary at (202) 551-5400.

Dated: May 27, 2021.

Vanessa A. Countryman,

Secretary.

[FR Doc. 2021-11598 Filed 5-27-21; 4:15 pm]

BILLING CODE 8011-01-P
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-6964

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

NATHANIEL MICHAEL STOKELY, a/k/a Jemar Abrams,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. Claude M. Hilton, District

Judge. (CR-91-466-A, CA-96-471-AM)

Submitted: November 6, 1997 Decided: November 25, 1997

Before WIDENER and LUTTIG, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Nathaniel Michael Stokely, Appellant Pro Se. Michael Edward Rich,

OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals the district court's order denying his

motion filed under 28 U.S.C. § 2255 (1994) (current version at 28

U.S.C.A. § 2255 (West 1994 & Supp. 1997)). We have reviewed the

record and the district court's opinion and find no reversible

error. Accordingly, we affirm on the reasoning of the district

court. United States v. Stokely, Nos. CR-91-466-A; CA-96-471-AM

(E.D. Va. July 15, 1997). See Lindh v. Murphy, 521 U.S. ___, 65

U.S.L.W. 4557 (U.S. June 23, 1997) (No. 96-6298). 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
**EXHIBIT 31.02**

**Rule13a-14(a)/15d-14(a) Certifications**

I, Barbra E. Kocsis, Chief Financial Officer of Merrill LynchAlternative Investments LLC, the manager of ML Aspect FuturesAccess LLC,certify that:

1. I have reviewedthis report on Form 10-Q of ML Aspect FuturesAccess LLC;

2. Based on my knowledge,this report does not contain any untrue statement of a material fact or omit tostate a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this annualreport;

3. Based on myknowledge, the financial statements, and other financial information includedin this annualreport, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

4. The registrant’sother certifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and have:

a) Designed suchdisclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

b) Evaluated theeffectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

c) Disclosed inthis report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter thathas materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

5. The registrant’s othercertifying officer and I have disclosed, based on our most recent evaluation,of internal control over financial reporting to the registrant’s auditors andthe audit committee of registrant’s board of directors (or persons performingthe equivalent functions):

a) All significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and reportfinancial information; and

b) Any fraud,whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.

Date:  May 15, 2007
| By                                            | /s/ BARBRA E.  KOCSIS |   |
|-----------------------------------------------|-----------------------|--------|
| Barbra E. Kocsis                              |
| Chief Financial  Officer                      |
| (Principal  Financial and Accounting Officer) |

 

----
Exhibit 12.1

CERTIFICATION

I, Tom Ehret, certify that:



| | 1. | I have reviewed this annual report on Form 20-F of Acergy S.A.; and
| | -- | -------------------------------------------------------------------



| | 2. | Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading with respect to the period covered by this report.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                    |  |  |  |                        
|------------------- |  |  |  | -----------------------
|                    |  | 
|Date: June 21, 2007 |  |  |  | /S/    TOM EHRET       
|                    |  |  |  | Tom Ehret              
|                    |  |  |  | Chief Executive Officer
This section of the FEDERAL REGISTER

contains notices of meetings published under

the ‘‘Government in the Sunshine Act’’ (Pub.

L. 94-409) 5 U.S.C. 552b(e)(3).

Sunshine Act Meetings Federal Register

19811

Vol. 60, No. 76

Thursday, April 20, 1995

FEDERAL ELECTION COMMISSION

‘‘FEDERAL REGISTER’’ NUMBER: 95–9295.

PREVIOUSLY ANNOUNCED DATE AND TIME:

Thursday, April 20, 1995, at 10:00 a.m.,

meeting open to the public.

The following item has been

postponed to the meeting of Thursday,

April 27, 1995:

Final Audit Report on Bennett for Senate.

DATE AND TIME: Tuesday, April 25, 1995

at 10:00 a.m.

PLACE: 999 E Street, NW., Washington,

DC.

STATUS: This meeting will be closed to

the public.

ITEMS TO BE DISCUSSED:

Compliance matters pursuant to 2 U.S.C.

§ 437g.

Audits conducted pursuant to 2 U.S.C.

§ 437g, § 438(b), and Title 26, U.S.C.

Matters concerning participation in civil

actions or proceedings or arbitration.

Internal personnel rules and procedures or

matters affecting a particular employee.

DATE AND TIME: Thursday, April 27, 1995

at 10:00 a.m.

PLACE: 999 E Street, N.W., Washington,

D.C.

STATUS: This meeting will be open to the

public.

ITEMS TO BE DISCUSSED:

Correction and Approval of Minutes.

Advisory Opinions:

AOR 1995–10

Margaret Person Currin on behalf of the

Helms for Senate Committee.

AOR 1995–11

Thomas J. Cooper on behalf of the

Hawthorn Group.

Audit: Final Audit Report on Bennett for

Senate.

Administrative Matters.

PERSON TO CONTACT FOR INFORMATION:

Mr. Ron Harris, Press Officer,

Telephone: (202) 219–4155.

Marjorie W. Emmons,

Secretary of the Commission.

[FR Doc. 95–9952 Filed 4–18–95; 2:50 pm]

BILLING CODE 6715–01–M

NATIONAL LABOR RELATIONS BOARD

TIME AND DATE: 3:30 p.m., Wednesday,

April 5, 1995.

PLACE: Board Conference Room,

Eleventh Floor, 1099 Fourteenth St.,

N.W., Washington, D.C. 20570.

STATUS: Closed to public observation

pursuant to 5 U.S.C. Section 552b(c)(2)

(internal personnel rules and practices);

(c)(6) (personal information where

disclosure would constitute a clearly

unwarranted invasion of personal

privacy) and (9)(B) (disclosure would

significantly frustrate implementation of

a proposed Agency Action).

MATTERS TO BE CONSIDERED: Personnel

Matters.

CONTACT PERSON FOR MORE INFORMATION:

Joseph E. Moore, Acting Executive

Secretary, Washington, D.C. 20570,

Telephone: (202) 273–1940.

Dated, Washington, D.C., April 17, 1995.

By direction of the Board:

Joseph E. Moore,

Acting Executive Secretary.

[FR Doc. 95–9910 Filed 4–18–95; 12:54 pm]

BILLING CODE 7540–01–M
exv10w2






Exhibit 10.2




ASSIGNMENT OF INVESTMENT AGREEMENT




     Total System Services, Inc., a corporation organized under the laws of Georgia (“Assignor”),
hereby transfers, conveys, and assigns all of its right, title and interest in and to that certain
Investment Agreement, dated as of March 1, 2010, between Assignor and First National Bank of Omaha
(as it may be amended or supplemented from time to time, the “Investment Agreement”), pursuant to
Section 9.04 of the Investment Agreement, to Assignor’s wholly-owned subsidiary, Columbus Depot
Equipment Company, a corporation organized under the laws of Georgia (“Assignee”). By its
execution hereof, and as consideration for such assignment, Assignee agrees to assume all of the
obligations and duties of Assignor set forth in the Investment Agreement pursuant to the terms
thereof.



[Signature Page Follows]






 









 








WITNESS OUR HANDS AND SEAL this 1st day of April, 2010.




	 	 	 	 	 	 	 	 	 	 	 

	ASSIGNOR:	 	 	 	ASSIGNEE:	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	TOTAL SYSTEM SERVICES, INC.	 	 	 	COLUMBUS DEPOT EQUIPMENT COMPANY	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	By: 

Name:

	 	/s/ Troy Woods
 

M. Troy Woods
	 	 	 	By:

Name:
	 	/s/ Jim Lipham
 

James B. Lipham
	 	 
	Title:

	 	President and Chief Operating Officer
	 	 	 	Title:
	 	Chief Financial Officer	 	 






Signature Page to Assignment of Investment Agreement