alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Lawrence F. HEUERMANN, Appellant, v. CRANE CO. d/b/a National Vendors, Respondent.

No. 67286.

Missouri Court of Appeals, Eastern District, Division Five.

Sept. 19, 1995.

D. Eric Sowers, St. Louis, for appellant.

D. Michael Linihan, Geoffrey M. Gilbert, St. Louis, for respondent.

Before CRANE, C.J., and SIMON and BLACKMAR, JJ.

*ORDER*

PER CURIAM.

Appellant, Lawrence F. Heuermann, appeals a judgment in favor of respondent, Crane Co., d/b/a National Vendors, in an action for damages and injunctive relief under the Missouri Human Rights Act, § 213.010 R.S.Mo.1986. We affirm.

We have reviewed the briefs of the parties and the legal file and find the judgment of the trial court is supported by substantial evidence, and no error of law appears. As we further find an extended opinion would have no precedential value, we affirm the circuit court’s order pursuant to Rule 84.16(b). A memorandum solely for the use of the parties involved has been provided explaining the reasons for our decision.
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

BORGWARNER INC., )

)

Plaintiff, )

) Civil Action No.: 09-CV-11602

v. ) Honorable John Corbett O'Meara

)

DORMAN PRODUCTS, INC., )

)

Defendant. )

_____________________________________ )

PRELIMINARY INJUNCTION

This matter having come before the Court on the motion of BorgWarner Inc.

("BorgWarner") for a preliminary injunction, the Court having considered the submissions and

arguments of the parties and rendered an Opinion and Order dated December 11, 2009 (Doc. 45)

which granted that Motion, and for good cause shown:

It is hereby ORDERED that:

1. Defendant Dorman Products, Inc. ("Dorman"), its officers, agents, servants,

employees, attorneys and all other persons who are in active concert or participation with any of

them, are hereby enjoined from manufacturing, using, offering to sell, selling, or importing

Dorman’s accused regenerative air pumps (currently identified as Model No. 306010), or any other

device no more than colorably different from the accused device, which the court has determined

likely infringes, induces or contributes to the infringement of U.S. Patent Nos. 5,527,149 and

6,422,808, until such time as this matter is heard on the merits.

5:09-cv-11602-JCO-DAS Doc # 49 Filed 01/05/10 Pg 1 of 2 Pg ID 2856
2. Pursuant to Fed. R. Civ. P. 65(c), BorgWarner will post security in the amount of

$750,000.

3. This ORDER is effective immediately upon service to Dorman.

s/John Corbett O’Meara 

United States District Judge

Date: January 5, 2010

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

of record on this date, January 5, 2010, using the ECF system and/or ordinary mail.

s/William Barkholz

Case Manager

5:09-cv-11602-JCO-DAS Doc # 49 Filed 01/05/10 Pg 2 of 2 Pg ID 2857
Exhibit 4.35

 

Promissory Note

 

FOR VALUE RECEIVED, Column A, a Chinese citizen (the “Borrower”), hereby unconditionally promises to pay to the order of Mai Wang Trading (Shanghai) Co., Ltd., a Chinese wholly foreign owned company, or its assignee(s) (collectively, the “Lender”), the principal sum of Column B, as the principal amount under the loan (“Loan”).

 

1.             Maturity:  The Loan shall become due and payable until the earlier of (i) the date on which the Lender, at its sole and absolute discretion, delivers the Exercise Notice to the Borrower pursuant to the Exclusive Purchase Option Agreement, whereby the Borrower shall transfer the Interests to the Lender or to the Lender’s designated natural or legal Persons; and (ii) the date on which ML Shopping is dissolved, liquidated, becomes bankruptcy or otherwise terminated in accordance with the Articles of Association of ML Shopping and relevant PRC laws and regulations from the date of the execution of this note.  The Loan may be renewed pursuant to the Loan Agreement executed between the Lender and the Borrower as of Column C (the “Loan Agreement”).

 

2.             Default and Remedy:  Upon the occurrence of any Event of Default specified in the Loan Agreement, the Loan shall automatically become immediately due and payable together with all Default Interest (as defined in the Loan Agreement) accrued and all other obligations payable under the Loan Agreement without any notice.

 

 

	
By:
    	
/s/ Column A
    	
 
    
	
 
    	
 
    	
 
    
	
Name:
    	
Column   A
    	
 
    
	
 
    	
 
    	
 
    
	
Date:
    	
 
    	
 
    


 











 

	
 
    	
 
    	
Column A
    	
 
    	
Column B
    	
 
    	
Column C
    
	
1
    	
 
    	
HUANG WEI LING
    	
 
    	
RMB3,000,000
    	
 
    	
Nov 8, 2013
    
	
2
    	
 
    	
LIU GUISHENG
    	
 
    	
RMB500,000
    	
 
    	
Sep 17, 2010
    
	
3
    	
 
    	
SANG XIAOBING
    	
 
    	
RMB1,500,000
    	
 
    	
Feb 10, 2012
Fialka

Feldman v. Oakland University Board of Trustees Doc. 39 Att. 34

Dockets.Justia.com
#### STATE of Missouri, Respondent, v. Richard M. OWENS, Appellant.

No. WD 49871.

Missouri Court of Appeals, Western District.

August 1, 1995.

Motion for Rehearing and/or Transfer to Supreme Court Denied Oct. 3, 1995.

Application to Transfer Denied Nov. 21, 1995.

Richard E. McFadin, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Breck K. Burgess, Asst. Atty. Gen., Jefferson City, for respondent.

*711Before FENNER, C.J., P.J., and BRECKENRIDGE and ELLIS, JJ.

*ORDER*

PER CURIAM.

Appeal from conviction, after jury trial, of assault in the first degree, § 565.050, RSMo 1994, and of felonious restraint, § 565.120, RSMo 1994.

Judgment affirmed. Rule 80.25(b).
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.

TERRY WISE (D-8),

Defendant.

 /

Case No. 09-20381

Honorable Patrick J. Duggan

ORDER DENYING DEFENDANT’S 

MOTION FOR JAIL TIME CREDIT

On August 12, 2009, Defendant and ten others were charged in a three-count

Indictment. Count One charged Defendant with conspiracy to distribute marijuana, and

alleged that the conduct took place in 2005 through August 12, 2009. On

November 18, 2013, Defendant tendered a plea of guilty to Count One of the Indictment. 

On June 3, 2014, Defendant was sentenced to one year and one day.

Presently before the Court, is Defendant’s motion for jail time credit. In this motion,

Defendant asserts that he “was arrested and jailed by state officials, indicted in state court

and, subsequently, state charges were dismissed and federal prosecutors indicted the

Defendant on identical charges.” To his motion, he attaches a “Certificate of Incarceration,”

which reveals that he was arrested on the state charge on 01/08/2008 and released on

01/10/2008; and he was also arrested on 01/23/2008 and released on 02/22/2008. Defendant

claims he was incarcerated for a period of 33 days on these state charges and he believes that

2:09-cr-20381-PJD-RSW Doc # 281 Filed 04/28/15 Pg 1 of 2 Pg ID 704
he should get credit on the sentence of one year and one day which was imposed by this

Court on June 3, 2014.

The Bureau of Prisons did not give Defendant 33 days credit, and he requests that this

Court order the Bureau of Prisons to recalculate his sentence and give him the 33 days credit.

The Court denies Defendant’s request because the amount of credit to be given

Defendant for the time he served prior to sentence is within the discretion of the Bureau of

Prisons. Because the arrests for which Defendant served 33 days were in conjunction with

state court charges, the Court does not believe that the Bureau of Prisons abused its discretion

in not giving Defendant the 33 days credit he requests. For the reasons set forth above,

Defendant’s motion for jail time credit is DENIED. 

SO ORDERED.

s/Patrick J. Duggan

United States District Court Judge

Date: April 28, 2015

Copies to:

Terry Wise, #45467-039

FCI McKean

P.O. Box 8000

Bradford, PA 16701

Karen Gibbs, AUSA

David C. Tholen, FDO

2

2:09-cr-20381-PJD-RSW Doc # 281 Filed 04/28/15 Pg 2 of 2 Pg ID 705
**Exhibit 31.2****CERTIFICATIONS**I, Gary L. Whitlock, certify that:     1. I have reviewed this Annual Report on Form 10-K of CenterPoint Energy Resources Corp.;     2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;     3. Based on my knowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in this report;     4. The registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have: (a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the registrant, including itsconsolidated subsidiaries, is made known to us by others within those entities,particularly during the period in which this report is being prepared;  (b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectivenessof the disclosure controls and procedures, as of the end of the period coveredby this report based on such evaluation; and  (c) Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’s mostrecent fiscal quarter (the registrant’s fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financial reporting;and     5. The registrant’s other certifying officer(s) and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or persons performing the equivalent functions): (a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonablylikely to adversely affect the registrant’s ability to record, process,summarize and report financial information; and  (b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.Date: March 9, 2007                                                      /s/ Gary L. Whitlock   Gary L. Whitlock   Executive Vice President and Chief Financial Officer
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

RICHARD DAVIS, 

Plaintiff, Case no. 09-12142

HON. JOHN CORBETT O’MEARA

v.

CHRISTOPHER ZYCH, Warden,

WILLIAM MALATINSKY, Medical

Director of FCI Milan, FEDERAL

BUREAU OF PRISONS,

Defendants.

____________________________/

ORDER ADOPTING MAGISTRATE JUDGE’S 

REPORT AND RECOMMENDATION

The Court having reviewed Magistrate Judge Mark A. Randon’s report and

recommendation, filed May 14, 2010, as well as any objections thereto filed by the parties, and

being fully advised in the premises;

IT IS HEREBY ORDERED that the report and recommendation is ADOPTED in its

entirety. 

IT IS FURTHER ORDERED that defendants’ motion to dismiss and, alternatively, Dr.

Zych’s motion for summary judgment is GRANTED, and plaintiff’s complaint is DISMISSED

WITHOUT PREJUDICE.

s/John Corbett O’Meara 

United States District Judge

Date: July 21, 2010
2

I hereby certify that on July 21, 2010, a copy of this order was served upon counsel of

record using the ECF system, and upon Richard Davis at FCI - Englewood at 9595 W. Quincy

Ave., Littleton, CO 80123 by first-class mail.

s/William Barkholz

Case Manager
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
CAI WIRELESS SYSTEMS, INC. AND SUBSIDIARIES
          FINANCIAL DATA SCHEDULE
AS OF AND FOR THE YEAR ENDED MARCH 31, 1998
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          MAR-31-1998
<PERIOD-START>                             APR-01-1997
<PERIOD-END>                               MAR-31-1998
<CASH>                                      10,409,671
<SECURITIES>                                         0
<RECEIVABLES>                                  608,479
<ALLOWANCES>                                   221,335
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                      91,925,898
<DEPRECIATION>                              42,027,561
<TOTAL-ASSETS>                             351,465,874
<CURRENT-LIABILITIES>                                0
<BONDS>                                    312,088,506
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                   275,770,764
<OTHER-SE>                               (303,331,744)
<TOTAL-LIABILITY-AND-EQUITY>               351,465,874
<SALES>                                              0
<TOTAL-REVENUES>                            28,621,710
<CGS>                                                0
<TOTAL-COSTS>                              165,955,603
<OTHER-EXPENSES>                            55,317,268
<LOSS-PROVISION>                               662,398
<INTEREST-EXPENSE>                          47,226,574
<INCOME-PRETAX>                          (235,418,953)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                      (235,418,953)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                              5,345,699
<CHANGES>                                            0
<NET-INCOME>                             (230,073,254)
<EPS-PRIMARY>                                   (6.02)
<EPS-DILUTED>                                        0
        

</TABLE>
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

HON. PATRICK J. DUGGAN

CIVIL NO. 09-12325

LES PROJECT HOLDINGS, LLC,

Plaintiff,

-vGREENLEAF FILTRATION, LLC, ET.AL,

Defendant(s).

 /

ORDER RESCINDING ORDER OF

REFERENCE TO MAGISTRATE JUDGE

IT IS HEREBY ORDERED that the Order of Reference to Magistrate

Judge Majzoub dated July 6, 2009, is RESCINDED.

s/Patrick J. Duggan 

Patrick J. Duggan

United States District Judge

Dated: December 6, 2010

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

on December 6, 2010, by electronic and/or ordinary mail.

s/Marilyn Orem 

Case Manager
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4027 Introduced in House (IH)]

104th CONGRESS
  2d Session
                                H. R. 4027

To amend the Food Stamp Act of 1977 to forbid recipients of food stamp 
  benefits to resell, or to barter, food acquired with such benefits.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 5, 1996

   Mr. Franks of New Jersey introduced the following bill; which was 
                referred to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL

 
To amend the Food Stamp Act of 1977 to forbid recipients of food stamp 
  benefits to resell, or to barter, food acquired with such benefits.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Food Stamp Conversion and 
Profiteering Prohibition Act of 1996''.

SEC. 2. AMENDMENT.

    Section 6(b)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2015(b)(1)) 
is amended--
            (1) by striking ``or (B)'' and inserting ``(B)'', and
            (2) by inserting ``, or (C) using food acquired with 
        coupons to acquire anything other than food,'' after ``cards''.

SEC. 3. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on 
the first day of the first month beginning more than 90 days after the 
date of the enactment of this Act.
                                 <all>
```
Exhibit 14.1

                                    Form of
              Code of Ethical Conduct for Chief Executive Officer


In my role as Chief Executive Officer of Samsonite Corporation,

I recognize that the Chief Executive Officer hold an important and elevated
role in corporate governance. I am uniquely capable and empowered to ensure
that stakeholders' interests are appropriately balanced, protected and
preserved. Accordingly, this Code provides principles to which a Chief
Executive Officer is expected to adhere and advocate. The Code embodies rules
regarding individual and peer responsibilities, as well as responsibilities to
the company, the public and other stakeholders.

I certify to you that I adhere to and advocate the following principles and
responsibilities governing my professional and ethical conduct.

To the best of my knowledge and ability:

1.   I act with honesty and integrity, avoiding actual or apparent conflicts of
     interest in personal and professional relationships.

2.   I provide constituents with information that is accurate, complete,
     objective, relevant, timely and understandable.

3.   I comply with rules and regulations of federal, state, provincial and
     local governments, and other appropriate private and public regulatory
     agencies.

4.   I act in good faith, responsibly, with due care, competence and
     diligence, without misrepresenting material facts or allowing my
     independent judgment to be subordinated.

5.   I respect the confidentiality of information acquired in the course of my
     work except when authorized or otherwise legally obligated to disclose.
     Confidential information acquired in the course of my work is not used
     for personal advantage.

6.   I share knowledge and maintain skills important and relevant to my
     constituents' needs.

7.   I proactively promote ethical behavior as a responsible partner among
     peers in my work environment and community.

8.   I achieve responsible use of and control over all assets and resources
     employed or entrusted to me.



----------------------------------                  ---------------------------
(Signature)                                         (Date)
Exhibit 13.1  CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  In connection with the
Annual Report on Form 20-F of Kerzner International Limited , a corporation
organized under the laws of  the
Commonwealth of The Bahamas (the Company) for the period ending December 31,
2003 as filed with the Securities and Exchange Commission on the date hereof
(the Report), each of the undersigned officers of the Company certify
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, to such officers best knowledgethat: 1.)            the Report fully complies, in all material respects, with
the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
1934; and 2.)            the information contained in the Report fairly presents,
in all material respects, the financial condition and results of operations of
the Company as of, and for, the periods presented in the Report. The foregoing certification
is provided solely for purposes of complying with the provisions of Section 906
of the Sarbanes-Oxley Act of 2002 and is not intended to be used or relied upon
for any other purpose.  Date: March 30, 2004
  
  /s/
  Howard B. KerznerHoward
  B. KerznerChief
  Executive OfficerDate: March 30, 2004
  
  /s/
  John R. AllisonJohn
  R. AllisonChief
  Financial Officer
UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

 

UNITED STATES OF AMERICA, 

Plaintiff,

v.

FRANCIS A. SHARRAK,

Defendant.

 /

Case No. 09-20272

ORDER APPOINTING COUNSEL FOR COMPETENCY HEARING

On January 4, 2011, the court held a hearing to determine whether Defendant

Francis A. Sharrak should be evaluated to determine his current competency to proceed

pro se to sentencing under 18 U.S.C. § 4241. With Defendant’s consent and as

required by 18 U.S.C. § 4247(d), Defendant was represented at that hearing by attorney

Margaret Sind Raben, Defendant’s standby advisory counsel. Upon agreement of both

Defendant and Raben at the hearing on the motion, the court will appoint Raben as

counsel for Defendant in all matters relating to the competency evaluation and hearing. 

Accordingly, 

IT IS ORDERED that attorney Margaret Sind Raben is APPOINTED as counsel

for Defendant Francis A. Sharrak in all matters relating to the competency hearing

ordered by this court.

 S/Robert H. Cleland 

ROBERT H. CLELAND

UNITED STATES DISTRICT JUDGE

2:09-cr-20272-RHC-VMM Doc # 125 Filed 01/07/11 Pg 1 of 2 Pg ID 3747
Dated: January 7, 2011

I hereby certify that a copy of the foregoing document was mailed to counsel of record

on this date, January 7, 2011, by electronic and/or ordinary mail.

 S/Lisa Wagner 

Case Manager and Deputy Clerk

(313) 234-5522

S:\Cleland\JUDGE'S DESK\C1 ORDERS\09-20272.SHARRAK.Appoint.Counsel.nkt.wpd

2:09-cr-20272-RHC-VMM Doc # 125 Filed 01/07/11 Pg 2 of 2 Pg ID 3748
Exhibit
32.01
  CERTIFICATION
PURSUANT TO
 18 U.S.C.
SECTION 1350,
 AS
ADOPTED PURSUANT TO
 SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002
   In
connection with the Quarterly Report of 1st Home Buy & Sell Ltd. (the
“Company”) on Form 10-Q for the period ending December 31, 2008, as filed with
the Securities and Exchange Commission on the date hereof (the “Report”), I,
Martha Jimenez, Chief Executive Officer and Chief Financial Officer of the
Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of
the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge and
belief:
  (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/
Martha Jimenez
 Martha
Jimenez
 Chief
Executive Officer and Chief Financial Officer
   Dated:
May 11, 2009
  A signed
original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears
in typed form within the electronic version of this written statement has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
   1