alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 403 Introduced in House (IH)]

104th CONGRESS
  1st Session
                                H. R. 403

 To repeal the Rural Electrification Act of 1936, require the sale of 
     all loans made under such Act, and authorize the Secretary of 
   Agriculture to make loans to electric generation and transmission 
cooperatives which are unable to obtain needed financing in the private 
                                sector.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

  Mr. Zimmer introduced the following bill; which was referred to the 
                        Committee on Agriculture

_______________________________________________________________________

                                 A BILL

 
 To repeal the Rural Electrification Act of 1936, require the sale of 
     all loans made under such Act, and authorize the Secretary of 
   Agriculture to make loans to electric generation and transmission 
cooperatives which are unable to obtain needed financing in the private 
                                sector.

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

SECTION 1. REPEAL OF RURAL ELECTRIFICATION ACT OF 1936.

    (a) Repeal.--The Rural Electrification Act of 1936 (7 U.S.C. 901-
950b) is hereby repealed.
    (b) No Effect on Existing Contracts.--The repeal made by subsection 
(a) shall not be construed to permit the violation of any contract 
entered into before the enactment of this Act.
    (c) References.--Any reference in any law to the Administrator of 
the Rural Electrification Administration is deemed to be a reference to 
the Secretary of Agriculture.

SEC. 2. SALE OF OUTSTANDING LOANS.

    Notwithstanding any other provision of law, not later than the end 
of the 3-year period that begins with the date of the enactment of this 
Act, the Secretary of Agriculture shall sell to private investors all 
interests of the United States in the loans made under the Rural 
Electrification Act of 1936 before the enactment of this Act that are 
outstanding at the time of the sale, for cash only, on the most 
favorable terms to the Federal Government that are then obtainable.

SEC. 3. LOANS FOR CERTAIN ELECTRIC GENERATION AND TRANSMISSION 
              COOPERATIVES.

    Section 306(a)(15) of the Consolidated Farm and Rural Development 
Act (7 U.S.C. 1926(a)(15)) is amended by adding at the end the 
following:
    ``(E) The Secretary may make loans, not to exceed $1,000,000 for 
any single loan, to any cooperative association for the supply and 
distribution of electric power if the Secretary determines that the 
association cannot obtain sufficient credit elsewhere from reliable 
sources at reasonable rates and terms for such purposes.''.

                                 <all>
```
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

IN THE MATTER OF:

KEVIN ANDREW AND LISA SUZANNE RAYL HON. PATRICK J. DUGGAN

CIVIL NO. 09-11394 

BANKRUPTCY NO. 00-46131

KEVIN ANDREW AND LISA SUZANNE RAYL,

-VKRISPEN S. CARROLL, TRUSTEE

 /

BRIEFING SCHEDULE

The record on appeal in the above-entitled matter was docketed by the Clerk's 

Office on April 27, 2009.

Pursuant to Bankruptcy Rule 8009:

The brief of the appellants shall be filed by May 18, 2009.

The brief of the appellee shall be filed by June 8, 2009.

Reply brief, if any, shall be filed by June 22, 2009.

DATE: April 28, 2009

 s/Marilyn Orem

 Case Manager for the

 Hon.Patrick J.Duggan

To: 313-234-5147

Sonya Goll

Krispen Carroll

2:09-cv-11394-PJD-MJH Doc # 5 Filed 04/28/09 Pg 1 of 1 Pg ID 10
# United States Court **of Appeals** 
**f or the Fifth Circuit** 

No. 21

- 10988 Summary Calendar

**Marco A. Montemayor,**

Plaintiff

— Appellant **,**

versus

**Nia Chudasama,** Officer, Neptune Ventures LLC **; Daniel Brooks,**  Trustee/Independent Bank **; David R. Brooks,**  CEO of Independent Bank **; John Romeo,**  Real Estate Agent **; Neptune Ventures, L.L.C.; Ray Washburne; John F. Warren; W. Kenneth Paxton;**  **Eduardo Lopez; Elizabeth Weller; Ray Lee Hunt; Charlie B. Mitch**  **ell, Jr.,**

Defendants

— Appellees

**.**

Appeal from the United States District Court for the Northern District of Texas No. 3:21

- CV

- 2252 United States Court of Appeals Fifth Circuit 

### FILED February 17, 2022
Lyle W. Cayce Clerk Case: 21-10988 Document: 00516206416 Page: 1 Date Filed: 02/17/2022No. 21

- 10988

2 Before **Smith, Stewart,** and **Graves,** Circuit Judges

**. Per Curiam**  **:** *

Marco Montemayor sued numerous defendants, raising only state

- law claims. He made no effort to support federal jurisdiction by showing, inter
alia , diversity of citizenship or amount in controversy. The magistrate judge issued a cogent four

- page recommen dation, including findings and conclu

sions, calling for the matter to be sua sponte dismissed without prejudice for want of subject

- matter jurisdiction. The district court accepted the recom

mendation and issued a final judgment of dismissal without prej udice.
The judgment is **AFFIRMED**

.

* Pursuant to **5th Cir cuit**  **R ule**  47.5, the court has determined that this opin

ion should not be published and is not precedent except under the limited circumstances set forth in **5th Cir cuit**  **R ule**  47.5.4. Case: 21-10988 Document: 00516206416 Page: 2 Date Filed: 02/17/2022
Exhibit 31.2

RULE 13a-14(a) CERTIFICATION IN ACCORDANCE  WITH SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I,
Mark W. Smith, certify that:

1.     I
have reviewed this Annual Report on Form 10-K of Spherion Corporation;

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;

3.     Based
on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition,
results of operations 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 and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f))
for the registrant and have:



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



|Date: March 15, 2005                                                            |  | 
|------------------------------------------------------------------------------- |  | 
|/s/MARK W. SMITHMark W. Smith
Senior Vice President and Chief Financial Officer |  | 

83

---



QuickLinks
<PAGE>

                                                                      EXHIBIT 23

                  Consent of Registered Public Accounting Firm


We consent to the incorporation by reference in the Registration Statement Nos.
33-81276 (1994 Stock Option Plan), 333-92143 and 333-120685 (1999 Stock Option
Plan), and 33-97850 (Employee Stock Purchase Plan), each on Form S-8; and
Registration Statement Nos. 33-94378 (Dividend Reinvestment Plan) and 333-124502
(Offering of Securities), each on Form S-3, of our reports dated March 10, 2006,
with respect to the consolidated financial statements of Southwest Bancorp,
Inc., Southwest Bancorp, Inc. management's assessment of the effectiveness of
internal control over financial reporting, and the effectiveness of internal
control over financial reporting of Southwest Bancorp, Inc., included in the
Annual Report (Form 10-K) of Southwest Bancorp, Inc. for the year ended December
31, 2005.


Ernst & Young LLP
Tulsa, Oklahoma
March 10, 2006
#### STATE of Missouri, Respondent, y. Brian VEHLEWALD, Appellant. Brian VEHLEWALD, Appellant, v. STATE of Missouri, Respondent.

No. 67193.

Missouri Court of Appeals, Eastern District, Division One.

Jan. 7, 1997.

Raymond J. Capelvotich, Asst. Public Defender, St. Loins, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Lisa A. Fischer, Asst. Atty. Gen., Jefferson City, for respondent.

Before DOWD, P.J., and REINHARD and GARY M. GAERTNER, JJ.

*ORDER*

PER CURIAM.

Appellant, Brian Vehlewald, appeals the judgment of conviction for one count of burglary in the first degree, RSMo § 569.160 (1986), one count of assault in the first degree, RSMo § 565.050 (1986), one count of robbery in the first degree, RSMo § 569.020 (1986), one count of rape, RSMo § 566.030 (Cum.Supp.1992), one count of felonious restraint, RSMo § 565.120 (1986), and two counts of armed criminal action, RSMo § 571.015 (1986), entered by the Circuit Court of St. Louis County after a jury trial.1 We affirm.

We have reviewed the briefs of the parties and the legal file and find the judgment of conviction is supported by sufficient evidence and is not against the weight of the evidence, and no error of law appears. As an extended opinion would serve no jurisprudential purpose, we affirm the judgment pursuant to Rule 30.25(b).

1

. As appellant’s brief raises no issues pertaining to the judgment denying his Rule 29.15 motion, - his appeal from that judgment is deemed abandoned. *State v. Gaines,*807 S.W.2d 678 n. 1 (Mo.App. E.D.1991).
<PAGE>   1
                                                                          10 (s)

                               SECOND AMENDMENT TO
                          MALAN REALTY INVESTORS, INC.
                              EMPLOYMENT AGREEMENT


         THIS SECOND AMENDMENT TO EMPLOYMENT AGREEMENT (the "Amendment") is
entered into on the 15th day of December, 1999, by and between MALAN REALTY
INVESTORS, INC. (the "Company"), a Michigan corporation with its principal place
of business at 30200 Telegraph Road, Bingham Farms, Michigan, and ANTHONY S.
GRAMER ("Executive"), President and Chief Executive Officer of the Company.

                                    RECITALS

         WHEREAS, the Company and Executive entered into a certain Employment
Agreement, dated June 25, 1994 (hereinafter referred to as the "Employment
Agreement"), which Employment Agreement was amended on August 15, 1997, and

         WHEREAS, the Company and Executive desire to amend the Employment
Agreement to extend the term of Executive's employment.

         NOW, THEREFORE, in consideration of the foregoing and of the mutual
covenants and agreements set forth herein, the parties hereto agree as follows:

         1. Paragraph 2 of the Employment Agreement is amended in its entirety
by substituting the following:

           "2. TERM OF EMPLOYMENT. Executive's `term of employment,' as this
               phrase is used through this Agreement, shall be for a period of
               four (4) years beginning January 1, 2000 and ending December 31,
               2003, and any extension thereof. The term of employment shall
               automatically be extended without further action by the parties
               as of December 31, 2003 and each succeeding December 31
               thereafter, unless either party shall have served 90 days'
               written notice upon the other prior to December 31, 2003 or prior
               to December 31 of each succeeding year, as the case may be, of
               its intention that the Agreement shall terminate at the end of
               the then current term of employment."

         2. This Second Amendment is effective January 1, 2000.

         3. Except as amended hereby, the Employment Agreement shall remain in
full force and effect.

         IN WITNESS WHEREOF, the parties hereto have duly executed this
Amendment to Employment Agreement or have caused this Amendment to be duly
executed on their behalf, as of the day and year first above written.


                                   MALAN REALTY INVESTORS, INC.

/s/ Anthony S. Gramer              By:  /s/ Anthony S. Gramer
---------------------                 -----------------------
                                   Its: President and CEO



                                       1
**Exhibit 23**

**CONSENT OFINDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to theincorporation by reference in Registration Statement Nos. 333-130520, 333-70432,333-87879, 333-42079 on Forms S-8, and in RegistrationStatement No. 333-48184 on Form S-3 of our reports dated March 16,2007, relating to the financial statements and financial statement schedule ofPower-One, Inc., and management’s report on the effectiveness of internalcontrol over financial reporting, appearing in this Annual Report on Form 10-Kof Power-One, Inc., for the year ended December 31, 2006.

Deloitte & Touche LLPLos Angeles, CaliforniaMarch 16, 2007

----
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 11-30425

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ERNEST TURNER, also known as Baldie Turner, also known as B-Man Turner,

Defendant-Appellant

Appeal from the United States District Court

for the Eastern District of Louisiana

USDC No. 2:07-CR-343-2

Before GARZA, SOUTHWICK, and HAYNES, Circuit Judges.

PER CURIAM:*

After Ernest Turner was convicted of conspiring to distribute and possess

with intent to distribute five kilograms of cocaine hydrochloride in violation of

21 U.S.C. § 846, the district court entered a final forfeiture order against him in

the amount of $10,000,000. Pursuant to Federal Rule of Criminal Procedure

32.2(e) and 21 U.S.C. § 853(p), the district court amended the final order of

forfeiture to require the forfeiture of substitute property toward the satisfaction

United States Court of Appeals

Fifth Circuit

F I L E D

February 8, 2012

Lyle W. Cayce

Clerk

Pursuant to 5TH CIR. 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 CIR.

R. 47.5.4.

Case: 11-30425 Document: 00511751889 Page: 1 Date Filed: 02/08/2012
No. 11-30425

of the $10,000,000 forfeiture judgment. Turner appeals the portion of the order

requiring the forfeiture of $11,233 and $10,071.75 in currency.

“We review the district court’s findings of fact under the clearly erroneous

standard of review, and the question of whether those facts constitute legally

proper forfeiture de novo.” United States v. Marmolejo, 89 F.3d 1185, 1197 (5th

Cir. 1996).

Turner contends that the Government failed to prove that the currency

derived exclusively from his criminal offense, and, therefore, the district court

erred by not holding a hearing to determine whether the property was properly

subject to forfeiture. But the Government was not required to prove that the

currency derived from Turner’s criminal offense to seize it under § 853(p). See

§ 853(a), (p). The district court was therefore not required to hold a hearing on

the basis urged by Turner.

Any argument that the currency should have been exempt from forfeiture

because it is needed to pay for legal representation also lacks merit. “[N]either

due process, nor the Sixth Amendment right to counsel, requires that assets

needed to pay an attorney be exempted from restraining orders or, ultimately,

from forfeiture.” United States v. Melrose E. Subdiv., 357 F.3d 493, 500 (5th Cir.

2004).

The district court’s judgment is AFFIRMED.

2

Case: 11-30425 Document: 00511751889 Page: 2 Date Filed: 02/08/2012
` 
 

**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 this Quarterly Report of Exclusive Apparel, Inc. (the “Company”) on Form 10-Q for the period ending March 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Sharon M. Lynch, Chief Executive Officer and Chief Accounting Officer of the Company, certifies to the best of his knowledge, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that:

 

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.

 

By:   */s/ Sharon M. Lynch*

       Sharon M. Lynch

       Chief Executive Officer

       Chief Accounting Officer

 

Dated: May 9, 2008

  

 

 
`
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BUTZEL LONG, A PROFESSIONAL CORPORATION, ATTORNEYS AND COUNSELORS 

UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

THE WEATHER UNDERGROUND, INC., 

a Michigan corporation, 

 Plaintiff, Case No.: 2-09-cv-10756 

 Hon. Marianne O. Battani 

NAVIGATION CATALYST SYSTEMS, INC., 

a Delaware corporation, 

 Defendant. 

_____________________________________________________________________________ 

Anthony P. Patti (P43729) 

HOOPER, HATHAWAY 

Attorney for Plaintiff 

126 S. Main Street 

Ann Arbor, MI 48104-1903 

(734) 662-4426 

apatti@hooperhathaway.com 

John P. Jacobs (P15400) 

JACOBS AND DIEMER, P.C. 

Former Local Counsel for Defendant 

500 Griswold Street, Suite 2825 

Detroit, MI 48226-2480 

(313) 965-1900 

jpj@jpjpc.com

Brian Hall (P70865) 

Enrico Shaefer (P43506) 

Attorneys for Plaintiff 

TRAVERSE LEGAL, PLC 

810 Cottageview Drive, Suite G-20 

Traverse City, MI 49684 

(231) 932 0411 

brianhall@traverselegal.com

enrico@traverselegal.com

Nicholas J. Stasevich (P41896) 

Benjamin K. Steffans (P69712) 

Replacement Local Counsel for Defendant 

BUTZEL LONG, a professional corporation 

150 W. Jefferson, Suite 100 

Detroit, MI 48226 

stasevich@butzel.com

steffans@butzel.com

 William A. Delgado (CA Bar 222666) 

WILLENKEN WILSON LOH & LIEB LLP 

Lead Counsel for Defendant 

707 Wilshire Blvd., Suite 3850 

Los Angeles, CA 90017 

(213) 955-9240 

williamdelgado@willenken.com

_____________________________________________________________________________ 

STIPULATED ORDER FOR SUBSTITUTION OF COUNSEL

 It is hereby ordered, pursuant to the stipulation of the parties, that Butzel Long, a 

professional corporation, shall substitute and appear as local counsel for Defendant 

Weather Underground, Incorporated v. Navigation Catalyst Systems, Incorporated et al Doc. 28

Dockets.Justia.com
2

BUTZEL LONG, A PROFESSIONAL CORPORATION, ATTORNEYS AND COUNSELORS 

NAVIGATION CATALYST SYSTEMS, INC., in place of Jacobs & Diemer, P.C. in the abovecaptioned action. 

Dated: January 8, 2010 s/Marianne O. Battani

 Marianne O. Battani, District Court Judge 

SO STIPULATED AND AGREED 

Jacobs & Diemer, P.C. Butzel Long, a professional corporation 

By:_/s/ John P. Jacobs By:_/s/ Benjamin K. Steffans_______ 

John P. Jacobs (P15400) Nicholas J. Stasevich (P41896) 

JACOBS AND DIEMER, P.C. Benjamin K. Steffans (P69712) 

Former Local Counsel for Defendants Replacement Local Counsel for 

500 Griswold Street, Suite 2825 Defendant 

Detroit, MI 48226-2480 150 W. Jefferson, Suite 100 

(313) 965-1900 Detroit, MI 48226 

jpj@jpjpc.com (313) 225-7000 

 stasevich@butzel.com 

 steffans@butzel.com 

 

 Willenken Wilson Loh & Lieb LLP 

 By:_/s/ William A. Delgado_________ 

 William A. Delgado (CA Bar 222666) 

 Lead Counsel for Defendant 

 707 Wilshire Blvd., Suite 3850 

 Los Angeles, CA 90017 

 (213) 955-9240 

 williamdelgado@willenken.com 

1176330
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

CORIELLE JOHNSON #324642, 

Plaintiff,

v.

PATRICIA CARUSO ET AL., 

Defendants.

Case No. 09-10910

HONORABLE ARTHUR J. TARNOW

SENIOR UNITED STATES

DISTRICT JUDGE

HONORABLE MICHAEL HLUCHANIUK

MAGISTRATE JUDGE

______________________________/

ORDER ADOPTING THE MAGISTRATE JUDGE’S

REPORT AND RECOMMENDATION [36]

Before the Court is the Magistrate Judge’s Report and Recommendation granting

Defendant Michigan Department of Corrections’ (MDOC), Motion to Dismiss [36] of January

10, 2011. Plaintiff filed an Objection [40]. 

I. STANDARD OF REVIEW

The standard of review set forth in Federal Rule of Civil Procedure 72(b) governs this

dispositive matter. Fed. R. Civ. P. 72(b). Pursuant to that rule, “[t]he district judge in the case

must determine de novo any part of the magistrate judge’s disposition that has been properly

objected to.” Id. at 72(b)(3); see also 28 U.S.C. § 636(b)(1)(C) (2006). 

II. ANALYSIS

After a de novo review of the matter, the Court finds the analysis in the Report and

Recommendation to be correct. Plaintiff’s objections do not persuade the Court otherwise.

Plaintiff objects to the Magistrate Judge’s finding that claims against the MDOC are

barred by the Eleventh Amendment. Pl.’s Obj. [40]. Plaintiff restates arguments that Judge

Hluchaniuk found unpersuasive. 

1

2:09-cv-10910-AJT-MJH Doc # 43 Filed 03/28/11 Pg 1 of 2 Pg ID 248
The Court finds the arguments similarly unpersuasive and adopts the Magistrate Judge’s

Report and Recommendation as its own. 

III. CONCLUSION

The Court has reviewed the record and being fully advised in the premises,

IT IS ORDERED that the Report and Recommendation [36] of the 

Magistrate Judge is hereby ADOPTED and is entered as the findings of the Court. Plaintiff’s

Objection [40] to the Report and Recommendation is DENIED.

IT IS FURTHER ORDERED that Defendant MDOC’s Motion to Dismiss [14] is

GRANTED.

SO ORDERED. 

s/Arthur J. Tarnow 

ARTHUR J. TARNOW

SENIOR UNITED STATES DISTRICT JUDGE

Dated: March 28, 2011 

Proof of Service

The undersigned certifies that a copy of the Order was

served on the attorneys and parties of record herein

by electronic means or U.S. Mail on March 28, 2011.

s/Kim Grimes 

Acting in the absence of 

Lisa Manager, Case Manager

2

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