alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Randall TALLMAN, Appellant, v. William R. RAPPS, Director of Division of Child Support Enforcement, and Christine Tallman Glenn, Respondents.

No. 64951.

Missouri Court of Appeals, Eastern District, Southern Division.

Nov. 15, 1994.

Ira M. Potter, St. Louis, for appellant.

J. Michael Ponder, Cape Girardeau, for respondents.

Before CARL R. GAERTNER, P.J., and CRANE, and AHRENS, JJ.

*ORDER*

PER CURIAM.

This is an appeal from the judgment and order of the Circuit Court of St. Francois County ordering that appellant pay back and future child support. We find no error in the judgment of the trial court. In addition, we find that no jurisprudential purpose would be served by a written opinion. We affirm the judgment of the trial court pursuant to Rule 84.16(b). The parties have been provided with a memorandum, solely for their own information, setting forth the reasons for this decision.
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Notices]
[Pages 34802-34803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary


Public Information Collection Requirement Submitted to the Office 
of Management and Budget (OMB) for Review

ACTION: Notice.

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

    The Department of Defense has submitted to OMB for clearance, the 
following proposal for collection of information under the provisions 
of the Paperwork Reduction Act (44 U.S.C. Chapter 35).
    Title and OMB Control Number: Plebe-Parent Weekend Questionnaire.
    Type of Request: New collection.
    Number of Respondents: 1,203.
    Responses Per Respondent: 1.
    Annual Responses: 1,203.
    Average Burden Per Response: 15 minutes.
    Annual Burden Hours: 301.
    Needs and Uses: The information collected by this questionnaire is 
utilized by the U.S. Military Academy to improve the support provided 
parents of cadets who attend this weekend activity. Questions relate to 
parent experiences during the event and their insights into necessary 
improvements. The answers are used to evaluate

[[Page 34803]]

activities and services provided to parents and to make changes deemed 
advisable.
    Affected Public: Individuals and households.
    Frequency: One time.
    Respondent's Obligation: Voluntary.
    OMB Desk Officer: Mr. Edward C. Springer.
    Written comments and recommendations on the proposed information 
collection should be sent to Mr. Springer at the Office of Management 
and Budget, Desk Officer for DoD, Room 10236, New Executive Office 
Building, Washington, DC 20503.
    DOD Clearance Officer: Mr. William Pearce.
    Written requests for copies of the information collection proposal 
should be sent to Mr. Pearce, WHS/DIOR, 1215 Jefferson Davis Highway, 
Suite 1204, Arlington, VA 22202-4302.

    Dated: June 28, 1996.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 96-16994 Filed 7-2-96; 8:45 am]
BILLING CODE 5000-04-M
S. 1211 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Tuesday, 

the sixth day of January, two thousand and nine 

An Act 

To designate the facility of the United States Postal Service located at 60 School 

Street, Orchard Park, New York, as the ‘‘Jack F. Kemp Post Office Building’’. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. JACK F. KEMP POST OFFICE BUILDING. 

(a) DESIGNATION.—The facility of the United States Postal 

Service located at 60 School Street, Orchard Park, New York, shall 

be known and designated as the ‘‘Jack F. Kemp Post Office 

Building’’. 

(b) REFERENCES.—Any reference in a law, map, regulation, 

document, paper, or other record of the United States to the facility 

referred to in subsection (a) shall be deemed to be a reference 

to the ‘‘Jack F. Kemp Post Office Building’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

RAYMOND TOWNE,

Plaintiff,

v.

FORD MOTOR COMPANY,

Defendant.

/

Case No. 08-14556

Honorable Arthur J. Tarnow

ORDER DENYING MOTION FOR RECONSIDERATION [39]

Now before the Court is Plaintiff’s Motion for Reconsideration [39].

Local Rule 7.1(h)(3) provides that:

Generally, and without restricting the court’s discretion, the Court will

not grant motions for rehearing or reconsideration that merely present

the same issues ruled upon by the court, either expressly or by

reasonable implication. The movant must not only demonstrate a

palpable defect by which the court and the parties and other persons

entitled to be heard on the motion have been misled but also show that

correcting the defect will result in a different disposition of the case.

Here, Plaintiff raises an argument not previously asserted but “a motion for

reconsideration is not properly used as a vehicle to re-hash old arguments or to

advance positions that could have been argued earlier but were not.” See Smith v.

Mount Pleasant Pub. Schs, 298 F. Supp. 2d 636, 637 (E.D. Mich. 2003). Plaintiff

has not shown that his argument could not have been raised previously. 

 Moreover, even if the Court were to consider Plaintiff’s argument, Plaintiff

has not shown any palpable defect in this Court’s order, as required by L.R.

7.1(h)(3). Contrary to Plaintiff’s assertion, the terms of the SISP and SISP
2

Summary Plan do not contain conflicting language.

Accordingly, IT IS HEREBY ORDERED that Plaintiff’s Motion for

Reconsideration [39] is DENIED.

SO ORDERED.

s/Arthur J. Tarnow 

Senior United States District Judge

Dated: July 2, 2010

I hereby certify that a copy of the foregoing document was served upon counsel of

record on July 2, 2010, by electronic and/or ordinary mail.

s/LaShawn R. Saulsberry 

Case Manager
PROXY
THIS PROXY IS SOLICITED ON BEHALF OF THE BOARD OF DIRECTORS
FOR THE 2005 ANNUAL MEETING OF SHAREHOLDERS OF HEARTLAND BANCSHARES, INC.

I hereby appoint Steve Bechman
and Jeffrey L. Goben, and each of them, my proxies, with power of substitution
and revocation, to vote all Common Shares of Heartland Bancshares, Inc. that I
am entitled to vote at the Annual Meeting of Shareholders to be held at Hillview
Country Club, 1800 E. King Street, Franklin, Indiana 46131, on Monday, May 16,
2005, at 6:30 p.m., local time, and any adjournments thereof, as provided
herein:

1.        
ELECTION OF DIRECTORS

| |  | FOR all nominees listed below to serve until the Annual Meeting of Shareholders
in the year 2008 as set forth in the Proxy Statement dated April 15, 2005
(except as marked to the contrary below--see "Instructions"):
| |  | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Steven L. Bechman
Gordon R. Dunn

| |  | WITHHOLD AUTHORITY to vote for all nominees listed above
| |  | --------------------------------------------------------

(Instructions:  To withhold authority to vote for any nominee, write that
nominee's name in the space provided.)

2.        
In their discretion, the proxies are authorized to vote upon such other business
as may properly come before the meeting.

| | THIS PROXY WILL BE VOTED AS
SPECIFIED. IN THE ABSENCE OF SPECIFICATIONS, THIS PROXY WILL BE VOTED FOR ITEM
1.
        SHAREHOLDERS SHOULD MARK, SIGN
AND DATE THIS PROXY AND RETURN IT PROMPTLY IN THE ENCLOSED POST-PAID ENVELOPE.
THIS PROXY MAY BE REVOKED AT ANY TIME PRIOR TO ITS EXERCISE.
| | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

|DATED: | Signature or Signatures
(Please sign exactly as your name appears on this proxy. If
shares are issued in the name of two or more persons, all
such persons should sign. Trustees, executors and others
signing in a representative capacity should indicate the
capacity in which they sign.)
|------ | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
**Exhibit 23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to the incorporation by reference in the Registration Statement (Form S-8 Nos. 333-37347, 333-57500, 333-104770and 333-116957) pertaining to the 1997 Stock Incentive Plan, the Employee Stock Purchase Plan, International Employee Stock Purchase Plan, and EveryWare Replacement Option Plan of Pervasive Software Inc. of our report dated July 19, 2004 withrespect to the consolidated financial statements and related financial statement schedule of Pervasive Software Inc. included in the Annual Report (Form 10-K) for the year ended June 30, 2004. 

 

/s/    ERNST &YOUNG LLP 

 

Austin, Texas 

September 8, 2004
<PAGE>

                                                                   EXHIBIT 23.1


            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


We hereby consent to the incorporation by reference in the Registration
Statement on Form S-8 (No. 333-71332) of iLinc Communications, Inc., of our
report dated May 21, 2004, except for Note 18, as to which the date is June 21,
2004, relating to the consolidated financial statements which appears in this
Annual Report on Form 10-K. We also consent to the incorporation by reference of
our report dated May 21, 2004, except for Note 18, as to which the date is June
21, 2004, relating to the financial statement schedule, which appears in this
Form 10-K.

The accompanying consolidated financial statements have been prepared assuming
that the Company will continue as a going concern. As discussed in Note 2 to the
consolidated financial statements, the Company has a significant working capital
deficiency and has suffered substantial recurring losses and negative cash flows
from operations. These matters, among others, raise substantial doubt about the
Company's ability to continue as a going concern. Management's plans in regard
to these matters are described in Note 2. The long-term continuation of the
Company is dependent on the Company's ability to raise additional equity or debt
capital, to increase its revenues, to generate positive cash flows from
operations and to achieve profitability. The consolidated financial statements
do not include any adjustments that might result from the outcome of this
uncertainty.


/s/ BDO Seidman, LLP

Costa Mesa, California
June 29, 2004
Exhibit 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT
TO 18 U.S.C. SECTION 1350, AS ADOPTED

PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Michael E. Healy, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that the Quarterly Report on Form 10-Q of ShoreTel, Inc. for the quarter ended December 31, 2009 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 Quarterly Report on Form 10-Q fairly presents in all material respects the financial condition and results of operations of ShoreTel, Inc.

Date: February 5, 2010



By:

/s/ Michael E. HealyName:

Michael E. HealyTitle:

Chief Financial Officer (Principal Accounting and Financial Officer)


This certification accompanies this Report pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002 and is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by referenced into any filing of the Company under the Securities Act of 1933 or the Securities
Exchange Act of 1934 (whether made on or before or after the date of this Report), irrespective at any general incorporation language contained in such filing.
### IN THE

TENTH COURT OF APPEALS

No. 10

- 19

- 00058

- CV

RUBEN MARTINEZ

AND MTZ TRANSPORT CO

. , Appellant s

v.

CHARLES CORONADO

, Appellee

From the 21st District Court

Burleson County, Texas

Trial Court No. 29500

MEMORANDUM OPINION

Appellants, MTZ Transport Company and Ruben Martinez, filed a motion to

dismiss their appeal. See T EX

. R. A PP

. P. 42.1(a)(1). Appellants state that the parties have

re solved all their issues and no longer wish to pursue the appeal. Dismissal of this

appeal would not prevent a party from seeking relief to which it would otherwise be

entitled. The motion is granted , and the appeal is dismissed.Martinez a nd MTZ Transport Co. v. Coronado Page 2 JOHN E. NEILL

Justice

Before Chief Justice Gray,

Justice Davis, and

Justice Neill

Motion granted; appeal dismissed

Opinion delivered and filed July 17, 2019

[CV06]
UNITED STATES OF AMERICA

UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

 

MICHAEL J. FILIPIAK,

Petitioner, Case No. 1:09-cv-118

v. Honorable Robert J. Jonker

PERCY CONERLY, 

Respondent.

____________________________________/

ORDER OF TRANSFER

This is a habeas corpus proceeding brought by a state prisoner pursuant to 28 U.S.C.

§ 2254. Following a jury trial, Petitioner was convicted of third-degree criminal sexual conduct (CSC)

and first-degree home invasion on March 3, 2006 in the Oakland County Circuit Court. The trial court

sentenced Petitioner to imprisonment of fifty-one months to fifteen years for the CSC conviction and

fifty-one months to twenty years for the first-degree home invasion conviction. Petitioner raises four

grounds for habeas corpus relief.

Venue in habeas corpus actions is governed by 28 U.S.C. § 2241. That statute allows

a petition to be filed either in the district where petitioner is in custody or in the district in which

petitioner was convicted. 28 U.S.C. § 2241(d). Petitioner is presently incarcerated at the Pine River

Correctional Facility, located in Gratiot County. As set forth above, Petitioner was convicted in

Oakland County. Gratiot and Oakland Counties are both located in the Eastern District of Michigan.

28 U.S.C. § 102(a). Venue, therefore, lies in that district, not in the Western District of Michigan.

2:09-cv-10776-RAE-MKM Doc # 3 Filed 03/02/09 Pg 1 of 2 Pg ID 204
- 2 -

Accordingly, IT IS ORDERED that this case is hereby transferred to the United States

District Court for the Eastern District of Michigan pursuant to 28 U.S.C. § 1406(a). 

Dated: February 27, 2009 /s/ Hugh W. Brenneman, Jr.

HUGH W. BRENNEMAN, JR.

United States Magistrate Judge

2:09-cv-10776-RAE-MKM Doc # 3 Filed 03/02/09 Pg 2 of 2 Pg ID 205
<PAGE>


                                                                  Exhibit 28.4
                                                 (Draft from Last Year's 10-K)


CHASE MANHATTAN RV OWNER TRUST 1997-A
ANNUAL ISSUER'S CERTIFICATE

COMPLIANCE WITH INDENTURE

      The undersigned certifies that he is an Authorized Officer of Wilmington
Trust Company, as Owner Trustee for Chase Manhattan RV Owner Trust 1997-A and
that he is duly authorized to execute and deliver this certificate on behalf of
the Issuer in connection with Section 3.9 of the Indenture between the Issuer
and Norwest Bank Minnesota, National Association, as Indenture Trustee, dated as
of October 1, 1997 (the "Indenture") and the Sale and Servicing Agreement, dated
as of October 1, 1997 (the "Agreement"), among CITSF, as Servicer, Chase
Manhattan Bank USA, National Association and Chase Manhattan Bank, as Sellers,
and Wilmington Trust Company, as Owner Trustee. All capitalized terms used
herein without definition shall have the respective meanings specified in the
Indenture and the Agreement.

      The undersigned further certifies that a review of the activities of the
Issuer for the preceding calendar year has been made under his supervision and,
to the best of his knowledge, the Issuer has fulfilled its obligations under the
Indenture for the preceding calendar year.

      IN WITNESS WHEREOF, I have affixed hereto my signature as of this ____ day
of March, 2000.

                        CHASE MANHATTAN RV OWNER TRUST 1997-A
                        BY: WILMINGTON TRUST COMPANY, as Owner Trustee



                               /s/ Denise M. Geran
                              ---------------------------------------
                              Name: Denise M. Geran
                              Title: Financial Services Officer

The CIT Group/Sales Financing, Inc., as Servicer, hereby requests that
Wilmington Trust Company execute the above Issuer's Certificate and deliver
it to Norwest Bank, Minnesota  National Association, as Indenture Trustee.

                                          THE CIT GROUP/SALES
                                          FINANCING, INC., as Servicer


                                          /s/ Frank Garcia
                                          ---------------------------
                                          Name:  Frank Garcia
                                          Title: Vice President
[Federal Register Volume 61, Number 116 (Friday, June 14, 1996)]
[Notices]
[Pages 30283-30284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15105]



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


DEPARTMENT OF THE TREASURY

Submission to OMB for Review; Comment Request

June 7, 1996.
    The Department of Treasury has submitted the following public 
information collection requirement(s) to OMB for review and clearance 
under the Paperwork Reduction Act of 1995, Public Law 104-13. Copies of 
the submission(s) may be obtained by calling the Treasury Bureau 
Clearance Officer listed. Comments regarding this information 
collection should be addressed to the OMB reviewer listed and to the 
Treasury Department Clearance Officer, Department of the Treasury, Room 
2110, 1425 New York Avenue, NW., Washington, DC 20220.

Internal Revenue Service (IRS)

    OMB Number: 1545-0988.
    Form Number: IRS Form 8609 and Schedule A (8609).
    Type of Review: Extension.
    Title: Low-Income Housing Credit Allocation Certification (8609); 
and Annual Statement (Schedule A).

[[Page 30284]]

    Description: Owners of residential low-income rental buildings may 
claim a low-income housing credit for each qualified building over a 
10-year credit period. Form 8609 is used to get a credit allocation 
from the housing credit agency. The form, along with Schedule A, is 
used by the owner to certify necessary information required by the law. 
Respondents: Business or other for-profit, Individuals or households, 
State, Local or tribal government.
    Estimated Number of Respondents/Recordkeepers: 120,000.
    Estimated Burden Hours Per Respondent/Recordkeeper:

------------------------------------------------------------------------
                                    Form 8609            Schedule A     
------------------------------------------------------------------------
Recordkeeping...............  8 hr., 37 min.......  6 hr., 41 min.      
Learning about the law or     2 hr., 17 min.......  47 min.             
 the form.                                                              
Preparing and sending the     2 hr., 31 min.......  56 min.             
 form to the IRS.                                                       
------------------------------------------------------------------------

    Frequency of Response: Annually.
    Estimated Total Reporting/Recordkeeping Burden: 2,447,400 hours.
    Clearance Officer: Garrick Shear, (202) 622-3869, Internal Revenue 
Service, Room 5571, 1111 Constitution Avenue, N.W., Washington, DC 
20224.
    OMB Reviewer: Milo Sunderhauf, (202) 395-7340, Office of Management 
and Budget, Room 10226, New Executive Office Building, Washington, DC 
20503.
Lois K. Holland,
Departmental Reports Management Officer.
[FR Doc. 96-15105 Filed 6-13-96; 8:45 am]
BILLING CODE 4830-01-P
#### Terry Lee SCOTT, Respondent, v. Gary SCOTT, d/b/a Scott Gravel Co., Defendant, and Fireman’s Fund Insurance Co., Appellant.

No. WD 47414.

Missouri Court of Appeals, Western District.

Sept. 14, 1993.

John R. Fox, Kansas City, for appellant.

Hollis H. Hanover, Kansas City, for respondent.

Before SPINDEN, P.J., and FENNER and HANNA, JJ.

ORDER

PER CURIAM.

Fireman’s Fund Insurance Company appeals the decision of the Department of Labor and Industrial Relations Commission granting workers’ compensation coverage to Terry Lee Scott. We affirm. Rule 84.16(b).
II 

111TH CONGRESS 

1ST SESSION S. 1108 

To require application of budget neutrality on a national basis in the calculation of the Medicare hospital wage index floor for each all-urban and 

rural State. 

IN THE SENATE OF THE UNITED STATES 

MAY 20, 2009 

Mr. LAUTENBERG (for himself, Mr. MENENDEZ, Mr. DODD, and Mr. 

LIEBERMAN) introduced the following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To require application of budget neutrality on a national 

basis in the calculation of the Medicare hospital wage 

index floor for each all-urban and rural State. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safeguarding Our Hos5 pitals’ Futures Act of 2009’’. 


jbell on PROD1PC69 with BILLS
2 

•S 1108 IS

1 SEC. 2. APPLICATION OF BUDGET NEUTRALITY ON A NA2 TIONAL BASIS IN THE CALCULATION OF THE 

3 MEDICARE HOSPITAL WAGE INDEX FLOOR 

4 FOR EACH ALL-URBAN AND RURAL STATE. 

5 In the case of discharges occurring on or after Octo6 ber 1, 2009, for purposes of applying section 4410 of the 

7 Balanced Budget Act of 1997 (42 U.S.C. 1395ww note) 

8 and paragraph (h)(4) of section 412.64 of title 42, Code 

9 of Federal Regulations, the Secretary of Health and 

10 Human Services shall administer subsection (b) of such 

11 section 4410 and paragraph (e) of such section 412.64 

12 in the same manner as the Secretary administered such 

13 subsection (b) and paragraph (e) for discharges occurring 

14 during fiscal year 2008 (through a uniform, national ad15 justment to the area wage index). 

Æ 


jbell on PROD1PC69 with BILLS